Tempers short as Duch questioning continues

Wednesday, 11 April 2012
David Boyle
The Phnom Penh Post

With his credibility once again on trial yesterday, Kaing Guek Eav, alias Duch, reacted irritably to further suggestions by defence lawyers in the tribunal’s Case 002 that he had provided contradictory accounts to the court.

Clearly growing weary of the sustained attacks he has endured for days as a witness under examination by the counsel of all three co-accused, Duch provided bizarre answers or flatly refused to respond to questions from Khieu Samphan’s co- defence lawyer, Arthur Vercken.

Vercken sought to establish the nature of Duch’s relationship with Khieu Samphan, the former nominal head of state of Democratic Kampuchea, as well as with former industry minister Vorn Vet and others.

French lawyer takes centre stage in Cambodian court

French lawyer Jacques Verges has defended some of the world's most notorious figures, including Carlos the Jackal (AFP/ECCC, Mark Peters)

November 25, 2011
By Didier Lauras (AFP)

BANGKOK — Lawyer Jacques Verges has defended some of the world's most notorious figures, from Carlos the Jackal to Slobodan Milosevic. Now at 86 he has added a Khmer Rouge genocide suspect to his resume.

The elderly Frenchman appeared at Cambodia's war crimes trial this week to defend his long-time friend Khieu Samphan, the former head of state of the communist regime.

Khieu Samphan, 80, has denied charges of war crimes, crimes against humanity and genocide at the UN-backed court, over the Khmer Rouge's 1975-79 rule.

Heat on KRouge judge upped

The move follows motions over the past week seeking to disqualify Marcel Lemonde (left) from the court for alleged bias, filed by defence teams for former Khmer Rouge foreign minister Ieng Sary and former head of state Khieu Samphan. --PHOTO: AFP

Oct 13, 2009
AFP

PHNOM PENH - DEFENCE lawyers increased the pressure on the French investigating judge at Cambodia's UN-backed Khmer Rouge court on Tuesday, filing an appeal accusing his office of withholding information.

The move follows motions over the past week seeking to disqualify Marcel Lemonde from the court for alleged bias, filed by defence teams for former Khmer Rouge foreign minister Ieng Sary and former head of state Khieu Samphan.

Now, Ieng Sary's lawyers are arguing in an appeal that the co-investigating judges have refused to answer a May request to reveal how they collect and weigh evidence against leaders of the brutal late 1970s regime. 'This denial effectively obstructs the defence's ability to ensure Mr Ieng Sary receives a fair trial and has negative implications for the transparency of the proceedings,' said the appeal, a copy of which was obtained by AFP.

Tribunal spokesman Lars Olsen said Tuesday that the investigating judges did not consider they had rejected the request from Ieng Sary's lawyers, but had been occupied by a number of other time-consuming defence filings.

'The request by the defence team is currently under consideration by the co-investigating judges. There has been no intention to not answer their request,' Mr Olsen said.

The accusations of bias also facing Mr Lemonde were based on a sworn statement by his former chief of intelligence, alleging the judge told subordinates to favour evidence showing suspects' guilt over evidence of their innocence. Mr Lemonde has refused to publicly comment on the allegations, but indicated he will provide necessary information about the issue to the court.

French Judge Under Fire For Alleged Krouge Investigation Bias

PHNOM PENH, Oct 12, 2009 (AFP) - A second lawyer for a former Khmer Rouge leader said Monday he will seek the removal of the French investigating judge at Cambodia's UN-backed war crimes court, adding to allegations of bias.

Sa Sovan, who is defending former Khmer Rouge head of state Khieu Samphan, said he would file a motion later on Monday or Tuesday to seek the removal of judge Marcel Lemonde for bias in the investigation of his client.

The move follows a similar motion filed last week by the defence team for former Khmer Rouge foreign minister Ieng Sary, demanding Lemonde be disqualified from the war crimes court for bias.

"I will file a motion to have such a judge removed because he did not respect the neutrality in the investigation," said Sa Sovan at the tribunalset up to try leaders of the brutal late-1970s regime.

The motions are based on a sworn statement by Lemonde's former chief of intelligence and analysis, alleging the investigating judge told subordinates to favour evidence showing suspects' guilt over evidence of their innocence.

"It is unjust, and I am afraid that this will affect my client," Sa Sovan told AFP, adding that both "black and white" evidence about his client's role in the regime had to be investigated.

Under the Khmer Rouge court's regulations, investigating judges are required to be impartial while researching allegations made by prosecutors.Defence teams are not permitted to make their own investigations.

Speaking on Lemonde's behalf, court spokesman Lars Olsen told AFP Monday that the judge was "not interested in commenting on the allegations" but would provide "necessary information" about the issue to the court.

Lemonde is currently investigating the court's second case, against Khieu Samphan, Ieng Sary and his wife, former minister of social affairs Ieng Thirith, as well as Khmer Rouge ideologue Nuon Chea.

Final arguments in the court's first trial of prison chief Kaing Guek Eav, known by the alias Duch, are scheduled for late next month.

Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia's cities in a bid to forge a communist utopia between 1975-79, resulting in the deaths of up to two million people from starvation, overwork and torture.

French lawyer warned by Cambodia's court

Friday, 22 May 2009
Macau Daily Times

Cambodia's Khmer Rouge war crimes court warned a lawyer who has defended some of the world's most notorious figures yesterday that he could be dismissed if he obstructs or abuses proceedings.

French lawyer Jacques Verges received the warning after a bail hearing in Phnom Penh last month for his client, the regime's head of state Khieu Samphan, in which the judges stopped Verges from raising claims about corruption at the court.

Verges had argued that claims about court staff paying kickbacks for jobs had harmed the court's authority, and also mentioned comments by Cambodian PM Hun Sen that he would rather see the tribunal fail than pursue more suspects.

The UN-backed court's warning called Verges' allegations "unsubstantiated" and his language "abusive and insulting".

"They cannot be tolerated by the pre-trial Chamber, which has a duty to ensure that decorum and dignity necessary for court proceedings are preserved," said the warning.
The warning added that Verges had delayed proceedings and misused the court's resources by not contributing to the hearing after it was delayed so that he could attend.

Verges, who has acted for some of the world's most infamous figures including Nazi war criminal Klaus Barbie and Venezuelan terrorist "Carlos the Jackal," is known for attempting to sow confusion in the courtroom.

A fierce anti-colonialist, Verges, who was born in Thailand, reportedly befriended Khieu Samphan and other future Khmer Rouge leaders while at university in Paris in the 1950s.

Khmer Rouge leader Pol Pot died in 1998. The trial of regime prison chief Kaing Guek Eav, alias Duch, is under way, but no date has been set for the trials of Khieu Samphan or three other former senior leaders held by the court.

Up to two million people were executed or died of starvation and overwork as the 1975 to 1979 Khmer Rouge regime emptied Cambodia's cities, enslaving the population to collective farms in its bid for a communist utopia.

Jacques Vergès receives second warning from Khmer Rouge Tribunal for misconduct

Kambol (Phnom Penh, Cambodia). 03/04/2009: Lawyer Jacques Vergès after the hearing of Khieu Samphan at the Pre-Trial Chamber (Photo: John Vink/ Magnum)

21-05-2009
By Stephanie Gée
Ka-set

One more! The Pre-Trial Chamber of the Khmer Rouge Tribunal issued a second warning to Jacques Vergès, international co-lawyer for Khieu Samphan, the former head of State of Democratic Kampuchea, as it was made public on Thursday May 21st. The Chamber had already admonished the media savvy and boisterous French lawyer in a first warning dated from April 23rd. This time, the Chamber provided arguments for its decision in a document of 12 pages – referring in particular to jurisprudence drawn from cases tried by international courts – while the previous warning had only four pages...

In the document, the Pre-Trial Chamber listed the facts that motivated the sanction, in light of internal rule 38 regarding misconduct of a lawyer. The Chamber thus recalled that “despite the fact that the hearing of 27 February 2009 was postponed in order to allow him to participate, Mr. Vergès did not present any oral submission in relation to the Appeals or meaningfully contribute to the debates before the Pre-Trial Chamber during the hearing continued on 3 April 2009.”

It added that “[T]he participation of Mr. Vergès in the hearing was limited to a statement which was clearly outside the scope of the Appeals as well as the parameters of the right to reply. The interventions of Mr. Vergès were aimed at challenging the integrity and legitimacy of the Court in general and the Pre-Trial Chamber's judges in particular.” The Chamber pursued: “[T]he unsubstantiated allegations made by Mr. Vergès and the language he employed were abusive and insulting towards the Pre-Trial Chamber's judges. These allegations, made outside the context of the Appeals […], amount to an offensive and obstructive conduct”.

The Pre-Trial Chamber warned the lawyer that should he persist in such a conduct, it would impose sanctions pursuant to internal rule 38. Disciplinary sanctions may include the exclusion of the defender from the list of lawyers approved to appear before the Extraordinary Chambers in the Courts of Cambodia (ECCC), according to the rule.

Mr. Vergès' colleague, Cambodian lawyer Sa Sovan, reacted Thursday by explaining that “as a professional lawyer, receiving a warning was almost a habit” and said he had no concern for the future, as “judges do not expel lawyers.”

Cambodian genocide lawyer hits at corruption issue

Saturday, April 4
By GRANT PECK, Associated Press Writer

PHNOM PENH, Cambodia - An international prosecutor at Cambodia's genocide tribunal accused a defense lawyer Friday of a "strategy of disruption," saying his focus on corruption allegations is an attempt to undermine the court's legitimacy.

Belgian co-prosecutor Vincent de Wilde lashed out at French lawyer Jacques Verges for "explicitly and fundamentally challenging the legitimacy" of the tribunal working to find justice for atrocities of the 1970s Khmer Rouge "killing fields" regime.

The accusation came after the flamboyant Verges, best known for defending Nazi war criminals and terrorists, attempted to introduce reports of tribunal corruption in a legal hearing Friday.

Verges was speaking at a hearing for his request for pretrial release of his client, former Khmer Rouge head of state Khieu Samphan, who is charged with crimes against humanity related to the communist movement's 1975-79 rule, under which an estimated 1.7 million Cambodians died.

Corruption reports involving the tribunal surfaced in 2007, when New York-based legal group Open Society Justice Initiative alleged that Cambodians on the tribunal staff had paid for their jobs. Results of a U.N. investigation were not publicly revealed.

Judges on Friday told Verges he could not bring up the corruption issue in the context of the appeal for his client's release, but he managed to speak about it indirectly by suggesting he sympathized with the court.

"I shall keep silent because it's not good to be shooting at ambulances and victims and the wounded," Verges said. "It is not good to be shooting at horses and dying people or institutions."

De Wilde retorted that Verges' comments were part of a "strategy of disruption" on the part of the defense, which de Wilde asserted had refused to cooperate with the tribunal's administration.

He suggested that Khieu Samphan's lawyers might not be competent to defend their client.

Charging that the defense was willfully disrupting and delaying proceedings to keep justice from being done, de Wilde asked, "Can this be tolerated?"

Verges was the second defense lawyer in two days to try to introduce the corruption issue into their appeals for their clients' release. On Thursday, the lawyer for Ieng Sary, the former Khmer Rouge foreign minister, tried to argue that the failure to resolve the corruption allegations could delay the trial of his client indefinitely, so he should be allowed to leave the tribunal's jail for house arrest instead.

The lawyer, Michael Karnavas, at a press conference after Thursday's proceedings, called for a U.N. report investigating the corruption allegations to be made public.

Lawyers for Nuon Chea, the chief Khmer Rouge ideologue, also had brought up the issue earlier this year.

The defenders' arguments appeared to be in vain, however. A press release from the tribunal Friday said the judges handling the pre-trial hearings decided that they did not have jurisdiction to investigate corruption.

Trial observers including human rights groups have expressed concern about the corruption issue.

London-based Amnesty International urged the United Nations and the Cambodian government to address allegations.

The charges cast "serious doubts on the chambers' competence, independence and impartiality," it said.

"Any corruption allegations must be investigated promptly and thoroughly," said Brittis Edman, Amnesty International's Cambodia researcher. "A failure to do so risks undermining the credibility of the whole institution and what it is trying to accomplish."

The U.N.-assisted tribunal represents the first serious attempt to hold Khmer Rouge leaders accountable for the deaths of an estimated 1.7 million Cambodians from starvation, medical neglect, slave-like working conditions and execution. The group's top leader, Pol Pot, died in 1998.

It began its first trial on Monday, of Kaing Guek Eav - also known as Duch - accused of running a torture center from which as many as 16,000 men, women and children were sent to their deaths.

The other defendants, Khieu Samphan, Nuon Chea, Ieng Sary and his wife Ieng Thirith, who was minister for social affairs, are expected to be tried sometime over the next year.

Judges Dismiss Khieu Samphan Translation Request [-Français wat?]

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
23 February 2009

Khmer Rouge tribunal judges on Friday rejected a request from Khieu Samphan that 60,000 pages of documentation be translated into French.

The request, made by French attorney Jacques Verges, had delayed for months proceedings against the former nominal head of the regime, who is charged with war crimes and crimes against humanity. Verges has said he would be unable to defend his client without the translations.

But following a hearing on the matter in December, the Pre-Trial Chamber decided unanimously that the request was not valid, judge Prak Kim San announced Friday.

The judges found no obligations stated in the rules of the tribunal that required translation, he said, noting limited resources as well as a time limit for the courts.

Khieu Samphan’s Cambodian attorney, Sar Savan, said the decision was unacceptable, though it was met with approval by both prosecutors and lawyers for civil parties in the case.

Khieu Samphan, 77, was arrested in November 2007, and his detention has already been extended for a year.

Khmer Rouge tribunal judges on Friday rejected a request from Khieu Samphan that 60,000 pages of documentation be translated into French.

The request, made by French attorney Jacques Verges, had delayed for months proceedings against the former nominal head of the regime, who is charged with war crimes and crimes against humanity. Verges has said he would be unable to defend his client without the translations.

But following a hearing on the matter in December, the Pre-Trial Chamber decided unanimously that the request was not valid, judge Prak Kim San announced Friday.

The judges found no obligations stated in the rules of the tribunal that required translation, he said, noting limited resources as well as a time limit for the courts.

Khieu Samphan’s Cambodian attorney, Sar Savan, said the decision was unacceptable, though it was met with approval by both prosecutors and lawyers for civil parties in the case.

Khieu Samphan, 77, was arrested in November 2007, and his detention has already been extended for a year.

Cambodian Khmer trial rejects lawyer's translation request

Fri, 20 Feb 2009
Australia Network News

Lawyers for former Khmer Rouge head of state Khieu Samphan have lost an appeal at the United Nations-backed genocide tribunal underway in Cambodia to have his case-file translated into French.

Khieu Samphan and his legal team had argued that French was one of the court's three official languages, and that if the associated documents were not available in that language, he would not receive a fair trial.

The appeal was lodged with the tribunal late last year, with Khieu Samphan's French lawyer, Jacques Verges, arguing that less than 3 percent of the 60,000-page case file had been translated into French.

However Judge Prak Kimsan, the head of the tribunal's pre-trial chamber, ruled the appeal was inadmissible because the court's rules do not provide for appeals relating to translation issues.

Mr Verges, who has defended some of the world's most controversial figures, including the Nazi war criminal Klaus Barbie, is defending 77-year-old Khieu Samphan, one of five leaders of the Khmer Rouge regime.

The group are being tried separately at the tribunal, for crimes relating to the deaths of up to 2 million Cambodians during the Khmer Rouge's period in office from 1975-1979.

Earlier this week the trial began of Khmer prison chief Kaing Guek Eav, better known by his alias Duch.

Khieu Samphan Firm on Case Translation

Jacques Vergès, Khieu Samphan's French defense lawyer (Photo: AP)

By Mean Veasna, VOA Khmer
Original report from Phnom Penh
21 August 2008

Lawyers of jailed Khmer Rouge leader Khieu Samphan said Thursday they were maintaining their request that 16,000 documents be translated into French before judges decide on a hearing for his pre-trial detention.

The Pre-Trial Chamber of the tribunal issued a letter to the lawyers on Aug. 15, asking whether they would continue to demand that all the documents be translated. The chamber provided three dates to the lawyers to continue a hearing over Khieu Samphan's pre-trial detention: Sept. 8, Oct. 20 and Dec. 1.

Defense lawyer Sar Sovan confirmed Thursday the defense would require the documents be translated.

Tribunal officials have been translating the documents since April, when Khieu Samphan initially appeared before pre-trial judges. At the outset of the hearing, French defense lawyer Jacques Verges said he would be unable to defend his client effectively without translation of the case file.

Judges agreed to postpone the hearing.

"Unless all documents have been translated, my colleague and I will not be able to ensure the defense of Khieu Samphan," Sar Sovan said Thursday. "And if they decide to continue to try him, the trial will be unfair."

Khieu Samphan, 76, faces charges of war crimes and crimes against humanity, for his role as the president of the Democratic Kampuchea regime. He has been detained since his arrest in November 2007.

Tribunal spokesman Reach Sambath said it was unclear which date Khieu Samphan could have a hearing, but translation of the case file continues.

The Pre-Trial Chamber will try to have Khieu Samphan's pre-trial detention hearing before proceedings start in the trial of prison chief Kaing Kek Iev, better known as Duch, Reach Sambath.

Lawyer Agrees to Defend Khieu Samphan

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
21 July 2008

Click here to listen to the Khmer audio program

Jailed Khmer Rouge leader Khieu Samphan has chosen a replacement Cambodian lawyer, a professor of law at a private university named Sar Sovan.

Sar Sovann, a 69-year-old who studied law in France and returned to Cambodia in 1994, will represent Khieu Samphan as the aging former Khmer Rouge president continues proceedings at the tribunal.

Sar Sovann said Monday he had confirmed his appointment with the tribunal July 17.

Sar Sovann is replacing Say Bory, who resigned as defense earlier this month, and will join French defense attorney Jacques Verges.

He agreed to defend Khieu Samphan because "he and I are not enemies," Sar Sovann said.

"I have the legal action to defend Khieu Samphan, but I cannot guarantee Khieu Samphan will get out of the charges [against him]," Sar Sovann said.

Rupert Skilbeck confirmed Sar Sovann was selected, but he said no formal announcement has been made.

Khieu Samphan Awaits Lawyer Confirmation

By Mean Veasna, VOA Khmer
Original report from Phnom Penh
11 July 2008

Jailed Khmer Rouge president Khieu Samphan has selected a replacement defense lawyer from two likely candidates, but neither had confirmed a position Friday.

A new candidate is likely to be approved by next week, tribunal officials said.

Khieu Samphan's former Cambodian lawyer, Say Bory, resigned early last week, leaving on opening in the defense team, which includes the French attorney Jacques Verges.

"I went to meet Khieu Samphan this morning, and [he] gave me the name that he read in the directory of lawyers," Say Bory said.

He chose an experienced lawyer who can speak French, but Khieu Samphan must wait for final confirmation from the candidate, Say Bory said.

Rupert Skilbeck, head of the tribunal's defense section, said it would take some time because of the importance of the decision.

Khieu Samphan must make sure he chooses a lawyer he is confident with and who can sustain a trial that could last two to three years, Skilbeck said.

Family members of Khieu Samphan could not confirm his choice Friday.

A source close to the tribunal said Khieu Samphan indicated interest in two names, Heng Chy, a former judge and former chief of the Appeals Court, and Sar Sovann, who holds a doctorate of law from France.

Heng Chy said Friday he had discussed the position with Say Bory, but at age 76, as old as his would-be client, sitting in long tribunal hearings and poring over thousands of pages of documents would be difficult.

Sar Sovann said Friday he was likely to lose the job to Heng Chy, but would not comment further.

Khieu Samphan Defense Lawyer Resigns

By Chiep Mony, VOA Khmer
Original report from Phnom Penh
01 July 2008

The Cambodian lawyer of jailed Khmer Rouge leader Khieu Samphan has resigned, tribunal officials said Monday.

Say Bory resigned last week due to reasons of ill health, said Rupert Skilbeck, head of the tribunal's defense section, declining further detail.

Say Bory was likely to continue for a short while, but would not be able to complete the entire trial process, Skilbeck said, adding that it was better to replace him sooner rather than later.

Khieu Samphan will have to select new Cambodian representation, Skilbeck said.

Say Bory's resignation was not likely to affect Khieu Samphan's trial, he said.

"We are confident he will be able to transfer the case smoothly and not cause any delay," Skilbeck said.

Say Bory's resignation was not likely to bring any consequences for Khieu Samphan, said Hisham Mousar, who monitors the tribunal for the rights group Adhoc.

Say Bory's work so far was to speak to reporters and to write a letter of appeal against the former leader's pre-trial detention. Khieu Samphan's French lawyer, Jacques Verges, had done much of the casework so far, Hisham Mousar said.

A tribunal statement issued Thursday said a new Cambodian lawyer would be selected "shortly."

French lawyer for Khmer Rouge leader challenges tribunal, triggering new delay

Thursday, April 24, 2008
The Associated Press

PHNOM PENH, Cambodia: A French lawyer known for his provocative style and infamous clients has taken center stage at the tribunal on Cambodia's former Khmer Rouge leaders, challenging the judges and adding to the woes of an already troubled court.

The aggressive stance taken by Jacques Verges at an appeal by former Khmer Rouge president Khieu Samphan for release from pre-trial detention Wednesday augurs possible new hurdles for the tribunal, plagued over the past few years by political wrangling, corruption scandals and inadequate financing.

The U.N.-assisted tribunal seeks justice for the 1.7 million people who died from starvation, disease, overwork and execution as a result of the communist Khmer Rouge's radical attempt to build a classless society when they held power in 1975-79. Khieu Samphan has denied responsibility for the atrocities.

But the spotlight Wednesday was on the 83-year-old Verges, who triggered a delay in the pre-trial hearing with an outburst over the court's failure to translate case documents into French.

Verges is every bit as controversial as the people he defends, going back five decades ago to Algerian freedom fighters accused of terrorism. His notoriety is such that he was the subject of a feature-length documentary film last year, "Terror's Advocate."

The list of his past clients includes included Nazi Gestapo officer Klaus Barbie and French collaborators, Venezuelan terrorist Carlos the Jackal and various Palestinian hijackers, former Yugoslav President Slobodan Milosevic, and confessed serial killer Charles Sobhraj.

He has also looked after the interests of Saddam Hussein and several brutal African dictators -- but has represented some true underdogs as well, mainly working-class citizens from France's ethnic minority communities.

Verges himself was born in northeastern Thailand to a French diplomat and a Vietnamese mother, a union said to have hurt his father's career. He has suggested his ethnic background has made him sympathetic to underdogs and outcasts.

Verges has said he likes to employ what he calls a "rupture" strategy, questioning the legitimacy of the court and accusing it of being a tool of injustice.

On Wednesday he described the tribunal's case against Khieu Samphan as "invalid from the start."

Verges and Khieu Samphan, 76, have said they have known each other since they both were active in left-wing student activities in Paris in the 1950s.

The tribunal has charged Khieu Samphan with crimes against humanity and war crimes, detaining him since last November.

Wednesday's closed-door hearing on Khieu Samphan's appeal was abruptly adjourned when Verges refused to continue, protesting that Khieu Samphan's case file — thousands of pages of documents — had not been translated into French.

"French is an official language of the tribunal. There is not one page of the case file against Mr. Khieu Samphan translated into French," Verges explained afterward to reporters. "I should be capable of knowing what my client is blamed for."

After Verges refused to participate further, the judges suggested Khieu Samphan might want to appoint a new lawyer to represent him_ and then adjourned the hearing.

"I have been a lawyer for 50 years, it is the first time I have seen judges ask an accused to change his lawyer. This is a scandal!" he said. "This never happens except in dictatorships!"

The tribunal's judges said in a statement issued late Wednesday that they will "issue a warning" to Verges for courtroom behavior causing the hearing's postponement.

Tribunal rules allow for disciplinary actions, including dismissing lawyers for offensive or abusive behavior obstructing the proceedings.

One of the Cambodian prosecutors, Chea Leang, acknowledged to reporters that the court is facing difficulty translating documents for all its cases into the three official languages used by the tribunal — Khmer, English and French.

But she said Verges' refusal to participate in the hearing was "unreasonable" because the proceedings were not part of the actual trial.

The long-delayed tribunal is expected to hold its first trial later this year. Many fear the Khmer Rouge's aging leaders could die before being brought to justice; four other senior former Khmer Rouge are being held for trial.

Khieu Samphan has blamed the late Khmer Rouge chief Pol Pot for the group's policies, including decisions to purge many Khmer Rouge cadres suspected of being disloyal or spies.