Ongoing row marks Khmer Rouge court: analyst

Michiel Pestman (L) and Andrew Ianuzzi, co-defence counsel for Nuon Chea, leave court in Phnom Penh least year. Photograph: Hong Menea/Phnom Penh Post

Monday, 09 July 2012
Bridget Di Certo
The Phnom Penh Post

Mutual antagonism between Nuon Chea’s international lawyers and judges hearing the case against the accused war criminal is bleeding through proceedings in Case 002, a legal expert said at the weekend.

Anne Heindel, legal adviser to the Documentation Center of Cambodia, published expert commentary for the Cambodia Tribunal Monitor on the Trial Chamber’s decision, which found two international members of Nuon Chea’s defence – Dutch lawyer Michiel Pestman and American lawyer Andrew Ianuzzi – guilty of misconduct and referred this misconduct to the bar associations in their respective home countries.

Heindel said members of all three defence teams in Case 002 had been referred to their home bar associations for “unethical behaviour”.

“Thus far, neither the home bar associations nor the Cambodian Bar have taken action, nor have the court warnings been followed by additional ECCC repercussions,” Heindel wrote. “Because the Nuon Chea’s team trill strategy is premised on exposing government interference in the work of the Court – and proving its existence by being repeatedly forbidden to raise the topic – it will no doubt continue to test the Chamber’s patience, making future sanctions likely.”

Heindel highlights the judges’ unclear and seemingly inconsistent use of confidentiality rules for court filings, but nominates the accused counsel as responsible for the most “egregious breach” of confidentiality, with their publication of a confidential judicial order, implying some senior government officials hold key information to Case 003.

Nuon Chea’s lawyers to face the bar abroad [... for ECCC judge's incompetence???]

Michiel Pestman (L) and Andrew Ianuzzi (R) (Photo: RFI)

Monday, 02 July 2012
Bridget Di Certo
The Phnom Penh Post

Brother No 2 Nuon Chea’s defence lawyers had exhibited a “pattern of disregard” for their duties at the Khmer Rouge tribunal amounting to professional misconduct, Trial Chamber judges said in a decision on Friday.

The judges had compiled enough “egregious examples of misconduct” by Dutch lawyer Michiel Pestman and American lawyer Andrew Ianuzzi to refer to the bar associations in Amsterdam and New York respectively for “appropriate action”.

Both lawyers are now working on the case from abroad.

Particularly “egregious” acts include Ianuzzi’s reference to Dr Dre lyrics when filing a motion for New Zealand Judge Silvia Cartwright to keep all her responses open and on the record after she was allegedly caught by the team mouthing the words “blah blah blah” while they were making submissions.

Khmer Rouge lawyers consider quitting UN-backed court [-Smells like more of Hun Xen's travesty of justice at the KRT with the UN's blessing?]

Michiel Pestman and Andrew Ianuzzi - Nuon Chea's lawyers (Photo: RFI)

12 June 2012
AFP

Lawyers for a top Khmer Rouge leader on trial for atrocities said yesterday they were considering quitting Cambodia’s UN-backed court because government interference had tainted the proceedings.

The defence team for “Brother Number Two” Nuon Chea said a guilty verdict against their client was a foregone conclusion because the trial was marred by “a lack of experienced judges and a lack of independence”. 

“We are seriously wondering why we’re here,” Michiel Pestman said, referring to himself and two other international co-lawyers defending Nuon Chea, the deputy leader of the brutal 1975-1979 regime.

“The outcome will be exactly what the government wants. If (prime minister) Hun Sen says my client is a genocidal killer, Cambodian judges know what to do,” the Dutchman said.

“The question is how long I feel my presence will be justified.”

PQRU Keo See-my sent to the rescue of his boss

Nuon Chea team blamed for 'chaos'

Tuesday, 21 February 2012
The Phnom Penh Post

Foreigners working at the Khmer Rouge tribunal were responsible for embroiling the court in chaos that was akin to incitement, government officials said yesterday at a snap news conference.

Press and Quick Reaction Unit deputy president Keo Remy called the conference to attack criticisms of alleged public statements by Prime Minister Hun Sen about the guilt of one of the tribunal’s three elderly accused, who are being tried for crimes against humanity and war crimes.

“There is nothing wrong in expressing that Nuon Chea is a killer and was involved in genocide during the Pol Pot regime,” Keo Remy told about 10 journalists.

“[Nuon Chea defence lawyer Michiel Pestman] is taking the opportunity to bring in political issues at the KR tribunal to cause chaos,” he said, adding: “I found that the chaos was always made by some foreigners [at the tribunal].

Power of Attorney - Appeal Against Dismissal of Criminal Complaint Against Hun Sen and Others

http://www.box.com/s/rmabzimetmc4y3vzl4xr

Defence sees ‘prejudice’ trend

Michiel Pestman, co-defence counsel for Nuon Chea, speaks to reporters in Phnom Penh in November last year. (Hong Menea/Phnom Penh Post)

Tuesday, 14 February 2012
Bridget Di Certo with additional reporting by Cheang Sokha
The Phnom Penh Post

Ongoing ten­sion be­tween the Khmer Rouge tribunal trial judges and defence counsel for Brother No 2 Nuon Chea erupted yesterday, with the former Khmer Rouge ideologue’s counsel accusing Trial Chamber president Nil Nonn of rude and inappropriate behaviour.

Dutch lawyer Michiel Pestman addressed Nil Nonn before substantive proceedings began and accused him of using the Khmer words neak eng (អ្នក ឯង) to refer to Pestman during court.

“I understand the language is inappropriate, if not rude, and could be misinterpreted as intimidating not just me, but also my client,” Pestman said, adding that Nil Nonn used the word 12 times in court last Wednesday to refer to him. “It further undermines the integrity of the court and could give the impression of bias.”

Nil Nonn thanked Pestman for his “observation” before turning to the prosecution, who were introducing a selection of documents to the open court.

Cambodian legal expert Sok Sam Oeun agreed use of the Khmer word neak eng in court is impolite and could give an impression of bias, but added that it is not unfamiliar in the Kingdom’s courtrooms. “I think the judge should set a good example for the Cambodian courts,” Sok Sam Oeun said. “Local court judges commonly use this word – and much worse!”

Lawyer chided over 004 references

Michiel Pestman (R) (Photo: The Phnom Penh Post)

Tuesday, 31 January 2012
Mary Kozlovski
The Phnom Penh Post

A lawyer for former Khmer Rouge Brother No 2 Nuon Chea yesterday named two suspects in the court’s fourth case while cross-examining a witness in Case 002, prompting the Trial Chamber to order him to suspend his line of questioning.

Michiel Pestman, co-defence counsel for Nuon Chea, asked 67-year-old former district secretary Prak Yut about previous testimony in which she named fellow former members of the “Sector 35 committee” in Kampot province.

Prak Yut repeated some of the names, stating that one among them was still alive, before then testifying that all the members had died.

Defense Attempts to Raise Controversial Suspects at Tribunal

Ta An, a former Khmer Rouge commander speaks during an exclusive interview with VOA Khmer on July 27, 2011 at his house in Kamrieng district of Cambodia's northwestern Battambang province. He is among those being investigated by the Khmer Rouge tribunal for the controversial case 004 but has denied overseeing atrocities of the former regime. (Photo: Sok Khemara, VOA Khmer)

Monday, 30 January 2012
Kong Sothanarith, VOA Khmer | Phnom Penh

The political objection to cases 003 and 004 have been an ongoing issue for the court.

Judges at the Khmer Rouge tribunal cut short questioning by a defense attorney of a witness at the court who sought to mention confidential suspects in another case.

Michiel Pestman, defense for jailed leader Nuon Chea, began a line of questioning about former leaders Ta An and Im Chaem, two suspects the court has kept confidential despite repeated press mentions in Case 004.

Nil Nonn, head judge of the Trial Chamber, stopped him and reminded him to keep his questions limited to the case at hand—No. 002.

Nuon Chea team targets PM

Nuon Chea (left), aka ‘Brother Number Two’, attends a hearing at the Extraordinary Chambers in the Courts of Cambodia on the outskirts of Phnom Penh yesterday. ECCC/Pool

Wednesday, 11 January 2012
Mary Kozlovski with additional reporting by Vong Sokheng
The Phnom Penh Post

Defence lawyers for former Khmer Rouge Brother Number Two Nuon Chea yesterday criticised remarks allegedly made by Prime Minister Hun Sen about their client, during the first day of evidence hearings this year at the United Nations-backed tribunal.

Co-defence counsel for Nuon Chea Michiel Pestman said in court that the alleged remarks by Hun Sen, quoted by a journalist at a press conference in Vietnam last week, referred to Nuon Chea as a “killer” and described his statement in court last month as “deceitful”.

“This is a very clear statement about the guilt of Nuon Chea by a high government official,” Pestman said in court. During testimony at the tribunal last year, 85-year-old Nuon Chea claimed that Vietnam had made repeated attempts to invade Cambodia.

Pestman said in court that the journalist had quoted Hun Sen as allegedly calling their client “a killer and a perpetrator of genocide”.

He told the court that the comments were a violation of his client’s right to a fair trial and that it was “not up to the Prime Minister to decide whether my client is guilty”.

Khmer Rouge lawyers slam PM's 'killer' remarks in trial

Jan 10, 2012
Agence France-Presse

PHNOM PENH // Lawyers for a top Khmer Rouge leader accused of genocide condemn alleged remarks by the Cambodian prime minister describing their client as a "killer" whose testimony was "deceitful".

The comments, reported by Vietnamese media last week, "were a very clear statement about the guilt of Nuon Chea by a high government official," the defence lawyer Michiel Pestman told to Cambodia's UN-backed court, as hearings resumed in the atrocities trial.

"Brother Number Two" Nuon Chea and his co-accused, the former foreign minister Ieng Sary and the former head of state Khieu Samphan, deny charges including crimes against humanity and war crimes for the deaths of up to two million people.

Giving evidence last month, Nuon Chea, 85, partly blamed Vietnam, a country he said wanted to "annex" Cambodia, for the mass killings that occurred under the 1975-1979 Khmer Rouge regime.

ពាក្យ​បណ្តឹង​ប្រឆាំង​មន្ត្រី​ជាន់ខ្ពស់ ១១​រូប​ត្រូវ​បាន​ទាត់ចោល

សហ​មេធាវី​បរទេស​ការពារ​លោក​នួន ជា ប្តឹង​មន្រ្តី​រដ្ឋាភិបាល​កម្ពុជា​ថា បាន​ចូល​ជ្រៀតជ្រែក​ចូល​ក្នុង​កិច្ចការ​តុលាការ​ខ្មែរក្រហម RFI/ ស៊ីវ ចាន់ណា

មាសសុទ្ធមិនខ្លាចភ្លើង ពួកប្រែតនរក ខ្លាចពន្លឺនៃសេចក្តីពិត

សៅរ៍ 10 ធ្នូ 2011
ដោយ ប៉ែន បូណា
RFI

The lawsuit brought by Nuon Chea’s international defense lawyers against 11 Cambodian leaders, including PM Hun Xen, was rejected by the Phnom Penh municipal court. Hun Xen, Chea Xim, Heng Xamrin and 9 other government officials were sued by Nuon Chea’s defense lawyers for interruption and interference in the trial against former KR leaders. In addition the three top CPP leaders, the 2 lawyers also sued: Hor 5 Hong, Kong Sam Ol, Keat Chhon, Ouk Bun Chhoeun, Sim Ka, Khieu Kanharith, Khieu Sopheak and Phay Siphan, all of them belonging to the ruling CPP party.

ពាក្យ​បណ្តឹង​របស់​សហ​មេធាវី​បរទេស​ការពារ​ក្តី​លោក​ នួន ជា​ ដែល​បាន​ប្តឹង​ថ្នាក់ដឹកនាំ​ជាន់ខ្ពស់ ​១១ ​រូប​រួមទាំង​លោក​នាយក​រដ្ឋមន្ត្រី ​ហ៊ុន សែន​ ផង​ដែរ​នោះ​ត្រូវបាន​សាលា​ដំបូង​រាជធានី​ភ្នំពេញ​តម្កល់​ទុក​ឥត​ចាត់ការ។ ​លោក​នាយករដ្ឋមន្ត្រី ​ហ៊ុន សែន,​ លោក ​ជា ស៊ីម ​លោក​ ហេង សំរិន​ ព្រមទាំង​មន្ត្រី​រដ្ឋាភិបាល​៩នាក់​ទៀត​ត្រូវ​បាន​សហមេធាវី​បរទេស​លោក​នួន ជា​ ប្តឹង​ពីបទ​រំខាន ​និង​ជ្រៀតជ្រែក​ដំណើរការ​តុលាការ​កាត់ទោស​អតីត​មេដឹកនាំ​កំពូល​ខ្មែរក្រហម។

ទីបំផុតទៅ ​ព្រះរាជអាជ្ញារង​អម​សាលា​ដំបូង​រាជធានី​ភ្នំពេញ​ លោក​ សុខ រឿន​ បាន​សម្រេច​តម្កល់​សំណុំរឿង​ដែល​ប្តឹង​ដោយ​សហមេធាវី​បរទេស​របស់​លោក ​នួន ជា ​ប្រឆាំង​នឹង​លោក​នាយក​រដ្ឋមន្ត្រី ​ហ៊ុន សែន ​និង​មន្ត្រី​ជាន់ខ្ពស់​ ១០នាក់​ទៀត ​ទុក​ឥត​ចាត់ការ​ឡើយ។​ ដីកា​តម្កល់​រឿង​ទុក​ឥត​ចាត់ការ​នេះ​ត្រូវ​បាន​តុលាការ​ផ្ញើ​ទៅ​កាន់​សាលាក្តី​ខ្មែរក្រហម​ដើម្បី​ជូន​ដំណឹង​ដល់​សហមេធាវី​បរទេស​ទាំង២​រួចហើយ កាលពី​ថ្ងៃសុក្រ​ទី ៩ ខែធ្នូ ឆ្នាំ ២០១១។

សហមេធាវី​បរទេស​ពីររូប​របស់​លោក ​នួន ជា ​គឺលោក ​MICHIEL PESTMAN ​និង ​លោក​ ANDREW IANUZZI ​បាន​ប្តឹង​ថ្នាក់ដឹកនាំ​ជាន់ខ្ពស់​កម្ពុជា​១១​រូប​ពី​បទ​ចោទ​ប្រកាន់​ថា ​បាន​រំខាន​ និង​ជ្រៀតជ្រែក​ដល់​ដំណើរការ​កាត់ទោស​អតីត​មេដឹកនាំ​ខ្មែរក្រហម។ ​ក្នុង​ពាក្យ​បណ្តឹង​ចុះ​ថ្ងៃទី​២៥ ​ខែ​តុលា ​ឆ្នាំ​២០១១ ​សហមេធាវី ​លោក​ នួន ជា ​បាន​ប្តឹង​លោក​នាយករដ្ឋមន្ត្រី ​ហ៊ុន សែន​ លោក​ ប្រធាន​ព្រឹទ្ធ សភា ​ជា ស៊ីម,​ លោក​ប្រធាន​រដ្ឋសភា ​ហេង សំរិន​, លោក ​ហោ ណាំហុង ​, លោក ​គង់ សំអុល​, លោក​ គាត ឈន់​, លោក ​អ៊ុក ប៊ុនឈឿន​, លោក ​ស៊ឹម កា​, លោក ​ខៀវ កាញារីទ្ធ​, លោក ​ខៀវ សុភ័គ ​និង​លោក​ ផៃ ស៊ីផាន។

Obstruction of Justice

Poetic Justice along Quay Sisowath with Theary Seng throwing darts at the "war criminals" (Photo: The Phnom Penh Post)

Op-Ed by Justin Sok

Ms. Theary Seng ... had invited the public to join her in playing the “Poetic Justice War Criminals Dart Games,” using dartboards depicting the photos of the former Khmer Rouge leaders. She has withdrawn her participation with the court process. Ms. Seng said, “Enough is enough! The court is a farce!” She no longer has faith in the KR tribunal. On the other side of the aisle, Michiel Pestman and Andrew Ianuzzi, co-defense counsels for former Khmer Rouge leader, Nuon Chea, has filed criminal complaints to the Phnom Penh Municipal Court, requesting an immediate investigation into alleged interference by the Phnom Penh government officials, naming some of the high ranking officials as culprits.

In the late 1990‘s, the Phnom Penh government officials, consisting of the two Co-Prime Ministers, Hun Sen and Prince Rannaridh, were toying with the idea of bringing the remaining Khmer Rouge leaders to justice. They covertly sought assistance from the United Nations to set up a hybrid tribunal inside Cambodia to try the former Khmer Rouge leaders. However, Hun Sen never had any intention of putting these remaining Khmer Rouge leaders on trial. He was more aggressive in his drive for power and absolute control. Hun Sen has been internationally known as an iron-fist dictator, who would constantly, at any cost, devise schemes to stamp out his political opponents. With the subsequent political turmoil during the coup d’état in 1997, the plan for the tribunal was temporarily shelved.

The plan of establishing a tribunal to try the former Khmer Rouge leaders was brought back to the table in early 2000‘s. After six years of intense negotiations between the United Nations and the Phnom Penh government, the Khmer Rouge tribunal, legally known as the Extraordinary Chambers in the Courts of Cambodia (ECCC), was created in 2006. The legally binding agreements, inter alia, was that the “trial would take place in Cambodia” and the most significant and controversial decision was that the “Phnom Penh government’s insistence of ownership of the trials.”

After a tribunal had become a legal reality, the politicians, legal experts, and the general public joined in a united chorus expressing their grave concerns. The public opined that the Khmer Rouge tribunals would inevitably getting “political interference” from the Phnom Penh government, and as the result, it would lead to an international boondoggle, and more regrettably, a “travesty of justice.” Initially, the United Nations had creditable reasons to believe that they were dealing with the elephant in the room, but without any reservation and without taking the public objections under advisement, the U.N. made a swift decision to place its own reputation, integrity and fiduciary duty, into the hands of the dogmatic and “Paleolithic” mentality of the Phnom Penh government.

Michiel Pestman, Nuon Chea's Defense Lawyer: Response to Opening Statement by the Prosecutor

http://www.box.com/s/fu9z821e788kdd7h91xn

Nuon Chea team blasts prosecutor

Friday, 04 November 2011
Bridget Di Certo
The Phnom Penh Post

Legal counsel for “Brother Number 2” Nuon Chea yesterday told Phnom Penh Municipal Court deputy prosecutor Sok Roeun they did not trust him, did not believe him, and were of the view that he was receiving instructions from suspects in their recently filed criminal complaint, which includes Prime Minister Hun Sen.

The premier, along with 13 other high-ranking government officials, has been accused by lawyers Michiel Pestman and Andrew Ianuzzi of contriving a common criminal plan of interference in the Khmer Rouge tribunal.

Pestman and Ianuzzi were summoned by the municipal court’s deputy prosecutor, Sok Roeun, for quest-ioning yesterday, after filing a complaint last Monday requesting a judicial investigation into the actions of a group of high-powered officials that includes Senate president Chea Sim and National Assembly president Heng Samrin.

មេធាវី​ នួន ជា​ ​មិន​ឆ្លើយ​សំណួរ​របស់​តុលាការ​ក្រុង​ភ្នំពេញ​ដោយ​ថា​មិន​ឯករាជ្យ - Nuon Chea's lawyers refuse to answer to the PPenh court, saying it is not independent

Andrew Ianuzzi (L) and Michiel Pestman during a press conference on Thursday morning

ថ្ងៃព្រហស្បតិ៍, 03 ខែវិច្ឆិកា 2011
ដោយ គង់ សុឋានរិទ្ធិ វីអូអេ ខ្មែរ | ភ្នំពេញ

«មិន​មាន​ប្រយោជន៍​ដែល​យើង​ត្រូវ​ឆ្លើយ​នឹង​សំនួរ​ទេ​ ពីព្រោះ​ខ្ញុំ​ជឿ​ថា ​គាត់​មិន​ឯករាជ្យ ​ហើយ​ខ្ញុំ​គិត​ថា​ គាត់​នឹង​បិទ​ការ​ស៊ើបអង្កេត​ឆាប់ៗ​នេះ»។ "There's no use to answer to the question because I believe that it not independent and I think that it will close the investigations soon."

Synopsis: Nuon Chea’s International lawyers refused to answer to questions raised by the deputy prosecutor of the Phnom Penh municipal court this Thursday, however, they called on the court to take legal actions against PM Hun Xen and high-ranking government officials who are accused of political interfering with the KR Tribunal.

Click below to listen to the audio program:

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សហមេធាវី​បរទេស​របស់​ នួន ​ជា ​បាន​បដិសេធ​មិនព្រម​ឆ្លើយ​នឹង​សំណួរ​របស់​ព្រះរាជអាជ្ញា​រង​សាលាដំបូង​រាជធានី​ភ្នំពេញ ​នៅ​ថ្ងៃ​ព្រហស្បតិ៍​នេះ ​ក៏​ប៉ុន្ដែ​បាន​ទទូច​ឲ្យ​តុលាការ​ចាត់​នីតិវិធី​ប្រឆាំង​នឹង​លោក​នាយក​រដ្ឋមន្ដ្រី​ ហ៊ុន ​សែន ​និង​មន្ដ្រី​ជាន់ខ្ពស់​ក្នុង​រដ្ឋាភិបាល ​ចំពោះ​ការ​ចោទប្រកាន់​ពី​ការ​ជ្រៀតជ្រែក​ ផ្នែក​នយោបាយ​លើ​សាលាក្ដី​ខ្មែរ​ក្រហម។

លោក​ព្រះរាជអាជ្ញា​រង ​សុខ ​រឿន ​បាន​កោះហៅ​សហមេធាវី​បរទេស​របស់​អតីត​បង​ធំ​ទី​២​ នៃ​របប​កាប់​សម្លាប់​របស់​ពួក​ខ្មែរ​ក្រហម​ គឺ​លោក​ ម៉ាយឃើល ​ផេសម៉ិន​ (Michiel Pestman) ​ឲ្យ​ចូល​ខ្លួន​នៅ​ថ្ងៃ​ព្រហស្បតិ៍​នេះ​ ដើម្បី​សាកសួរ​ និង​ប្រគល់​ភស្ដុតាង ​រីឯ​លោក ​អេនឌ្រូ​ អ៊ាននូ​ហ្ស៊ី ​(Andrew ​Ianuzzi)​ ទីប្រឹក្សា​ច្បាប់​នៃ​មេធាវី​ការពារ​ នួន​ ជា​ នឹង​ត្រូវ​ចូល​ខ្លួន​ទៅ​សាលាដំបូង​រាជធានី​ភ្នំពេញ​នៅ​ថ្ងៃ​ស្អែក។

KRT interference alleged

Michiel Pestman (left) and Andrew Ianuzzi, co-defence counsel for Nuon Chea, speak outside Phnom Penh Municipal Court yesterday. (Hong Menea)

Tuesday, 25 October 2011
May Titthara and Mary Kozlovski
The Phnom Penh Post

Defence lawyers for former Khmer Rouge “Brother Number Two” Nuon Chea filed a criminal complaint at the Phnom Penh Municipal Court yesterday requesting an investigation into alleged interference by senior government officials, including Prime Minister Hun Sen, at the Khmer Rouge tribunal.

Hun Sen, Senate president Chea Sim, National Assembly president Heng Samrin and eight other high-ranking officials allegedly participated in a “common criminal plan” to interfere with the court’s work, according to a copy of the complaint.

The Council of Ministers’ Press and Quick Reaction Unit called a press conference to address the complaint at which PQRU deputy spokesman Keo Remy denied the allegations.

Cambodian PM faces lawsuit for "killing fields" trial "meddling"

Cambodia's Prime Minister Hun Sen speaks to reporters during a news conference at the Council of Ministers in Phnom Penh July 22, 2011. Credit: Reuters/Samrang Pring/Files

Mon Oct 24, 2011

PHNOM PENH (Reuters) - Lawyers for the second-in-command of Cambodia's former Khmer Rouge regime on Monday filed a lawsuit against the prime minister and top government officials for perceived interference in a U.N.-backed war crimes tribunal.

The filing of the lawsuit with the Phnom Penh Municipal Court was the latest twist in a multi-million dollar tribunal fraught with controversy since it was set up seven years ago to try those "most responsible" for the brutal deaths of an estimated 1.7 million Cambodians during the Khmer Rouge "killing fields" era from 1975-1979.

The legal team of Nuon Chea, 85, better known as "brother number two", said Prime Minister Hun Sen and top officials had unlawfully tried to block certain witnesses from testifying and sought to prevent further cases from going to court.

In a statement, Nuon Chea's lawyers accused the ministers of having a "common criminal plan" that amounted to interfering with justice and the defendants' rights to a fair trial.

Hun Xen et al. sued at the Phnom Penh Municipal court for obstruction of Case 003

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KI-Media Note: Who are Michiel Pestman and Andrew Ianuzzi? They are the International defense lawyers for Nuon Chea

Lawyers decry 'meddling' in Cambodia genocide trial

PHNOM PENH, October 24, 2011 (AFP) - Defence lawyers for a top Khmer Rouge leader accused of genocide asked a Phnom Penh court Monday to probe allegations of government interference at Cambodia's UN-backed war crimes tribunal.

"Brother Number Two" Nuon Chea's international counsel said they filed a criminal complaint in Phnom Penh Municipal Court against Prime Minister Hun Sen and 10 other officials for interfering in the high-profile case.

"We are asking the deputy prosecutor to investigate the obstruction of justice in (this case)," Dutch lawyer Michiel Pestman told AFP.

"We want to make clear to everyone that what's going on is not only unacceptable, it's a crime even under Cambodian law."

KRT graft complaint killed on appeal

Michiel Pestman (right), co-defence lawyer for Nuon Chea, speaks to reporters at the Appeal Court in Phnom Penh yesterday. (Photo by: Heng Chivoan)

Wednesday, 27 July 2011
Thomas Miller
The Phnom Penh Post

Lawers for Khmer Rouge Brother No 2 Nuon Chea expressed chagrin yesterday after they attempted to add new evidence to a criminal complaint filed in Cambodian courts concerning graft allegations at the Khmer Rouge tribunal, only to find that the case had been closed nearly two years ago.

The defence team also claimed yesterday that corruption at the tribunal was “as acute as ever”.

Nuon Chea’s attorneys wanted the Appeal Court to consider four diplomatic cables from the United States embassy in Phnom Penh, made public earlier this month by WikiLeaks.

Attorney Michiel Pestman said the “most compelling” new information was contained in a November 2008 dispatch claiming that Knut Rosandhaug, deputy director of administration for the Khmer Rouge tribunal, knew of five witnesses who could give evidence in an alleged kickback scandal.