Showing posts with label Removal of Ney Thol. Show all posts
Showing posts with label Removal of Ney Thol. Show all posts

Saturday, February 02, 2008

Delay sought for KRouge leader's first public court hearing

Cambodian and international judges and officials

PHNOM PENH (AFP) — Attorneys for Khmer Rouge leader Nuon Chea said Saturday that they want to delay his first public appearance before the genocide tribunal because of a dispute over a foreign lawyer on his team.

The conflict arose after Cambodia's Bar Association last week refused to admit a member of Nuon Chea's defense team, Dutch attorney Victor Koppe.

Nuon Chea, the 81 year-old former regime ideologue charged with war crimes and crimes against humanity, had been expected to appeal his pre-trial detention on Monday.

But one of his lawyers, Cambodian Sun Arun, said he would seek a postponement Monday.

"I cannot do it alone and win," he told AFP. "It is not possible to proceed with the hearing without foreign lawyers."

Bar officials said Koppe signed had court documents before they swore him in, violating the rule that foreign lawyers wishing to represent tribunal defendants must be accepted by the Bar before conducting court business.

Koppe had petitioned for the removal of pre-trial chamber judge Ney Thol, whom he accused of being "neither independent nor impartial."

Ney Thol serves as president of Cambodia's military court and is a member of the ruling Cambodian People's Party central committee.

Tribunal officials said earlier that the Bar Association's decision would not affect the hearing.

But the threat of delay has renewed concerns over the sluggishness of the UN-backed court, which convened in 2006 after nearly a decade of often stalled talks between Cambodia and the world body.

The first arrests were made only last year.

All five of the former regime leaders currently in custody are elderly and ill, heightening fears that they could die before being tried for crimes committed during their 1975-79 communist regime.

Up to two million people died of starvation and overwork, or were executed by the Khmer Rouge, which dismantled modern Cambodian society in its bid to forge a radical agrarian utopia.

Cities were emptied and their populations exiled onto vast collective farms, while schools were closed, religion banned and the educated classes targeted for extermination.

Wednesday, January 30, 2008

ECCC: Biased CPP Ney Thol to remain

Cambodian judge accused of bias will stay for Khmer Rouge hearing

Wed, 30 Jan 2008
DPA

Phnom Penh - A motion seeking the dismissal of a Cambodian judge by a former Khmer Rouge leader's defense team was rejected, a court spokesman said Wednesday. Media spokesman for the Extraordinary Chambers in the Courts of Cambodia, Reach Sambath, said the court had dismissed a protest against former Military Court chief Ney Thol by the defense team of accused "Brother Number 2" Nuon Chea.

Nuon Chea is appealing his pre-trial detention at a February 4 hearing by the Pre-Trial Chamber of the court. Nuon Chea was arrested in September and charged with war crimes and crimes against humanity for his alleged role in the 1975-79 regime.

Nuon Chea's lawyers accused Ney Thol of not being impartial and being politically biased due to alleged links with the ruling Cambodian People's Party in a motion made public Wednesday.

Dutch lawyers Victor Koppe and Michiel Pestman claimed Ney Thol's "continued presence on the bench threatens to undermine the credibility and integrity" of not just Nuon Chea's hearing, but all cases before the court.

Previously Ney Thol stepped down from preliminary hearings of another of the five former leaders currently in custody, former Toul Sleng torture center commandant Duch, saying because he had been held in the military prison since 1999, he could be seen to be too close to the case.

"I can only say that the motion was not upheld," Sambath said, but declined to comment further.

Five senior Khmer Rouge figures, including Nuon Chea, are in the custody of the joint UN-Cambodia Extraodinary Chambers of the Courts of Cambodia charged with war crimes and crimes against humanity.

Hearings regarding the crimes the four men and one woman are charged with are expected to get underway within months. Many senior cadre, including former supremo Pol Pot, are already dead. Pol Pot died at home in 1998.

Ney Thol, one of the country's most senior judges, was not available for comment Wednesday but has previously strongly denied any allegations of bias made against him.

Nuon Chea's lawyer: Ney Thol "is neither independent or impartial"

2008-01-30
Defense lawyers demand removal of Cambodian judge from UN-backed tribunal

PHNOM PENH, Cambodia (AP) - A Cambodian judge must immediately be removed from the U.N.-backed tribunal to try former Khmer Rouge leaders because of his dubious judicial record and political background, defense lawyers say.

The lawyers are objecting to Ney Thol, a judge who sits on the tribunal's pre-trial chamber that will hold an appeal hearing Feb. 4 for Nuon Chea, the former Khmer Rouge ideologue.

Ney Thol must be immediately disqualified not just from the upcoming hearing but from all future proceedings because his «continued presence on the bench threatens to undermine the credibility and integrity» of the entire tribunal, said Victor Koppe and Michiel Pestman in a motion received Wednesday.

Five senior Khmer Rouge figures, including Nuon Chea, whose radical policies led to the deaths of an estimated 1.7 million people in the 1970s, were arrested last year and are being held in the capital, Phnom Penh, on charges of war crimes and crimes against humanity. Their trials are to start this year.

The two Dutch lawyers said that as an army general heading a military court and a member of Prime Minister Hun Sen's ruling party, Ney Thol «is neither independent or impartial.

Ney Thol declined to comment Wednesday.

Ney Thol is a member of the central committee of Hun Sen's ruling Cambodian People's Party and president of the military court. He is best known for convicting two political opponents of Hun Sen for national security-related crimes.

In 1998 Ney Thol sentenced Prince Norodom Ranariddh, leader of the royalist Funcinpec party at the time, to 30 years in jail for weapons smuggling and conspiring with outlawed Khmer Rouge guerrillas. The trial was mainly prompted by Hun Sen's desire to neuter his main political rival, whom he had already ousted from his position as co-prime minister in a 1997 coup.

In a 2005 trial widely regarded as politically motivated, Ney Thol sentenced an opposition lawmaker to seven years in jail for trying to form an armed group to topple the government. Ney Thol was criticized for his conduct of the trial, in which he barred the defense from calling its own witnesses to testify and not giving it enough time to cross-examine those from the prosecution.

Both Hun Sen's political rivals were later freed by royal pardons.

Ney Thol's «participation in highly questionable judicial decisions would lead a reasonable observer, properly informed, to reasonably apprehend bias against Nuon Chea,» the lawyers said.

Nuon Chea is scheduled to appear before a pre-trial hearing Feb. 4.

He is appealing against his provisional detention at the tribunal, which has charged him with war crimes and crimes against humanity.

The charges are related to his alleged role in the Khmer Rouge atrocities that led to the death of some 1.7 million people when the communist movement held power in Cambodia in 1975-79.

Nuon Chea's lawyer calls for the removal of CPP Ney Thol from the ECCC bench

Ney Thol, the CPP judge, chief of Cambodia's military courts and ECCC judge. He sent opposition MP Cheam Channy to jail in a travesty of justice in 2005.

Nuon Chea Calls for Judge’s Removal

By Sok Khemara, VOA Khmer
Original report from Washington
29 January 2008


The lawyer of jailed Khmer Rouge leader Nuon Chea has called for the removal from the proceedings of judge Ney Thol, who is also the chief of Cambodia’s military courts.

Lawyer Victor Koppe confirmed Tuesday he had filed a motion to disqualify Ney Thol, but Koppe declined to elaborate.

“We are waiting for the response of the prosecution and the decision of the ECCC,” he said, referring to the tribunal by its official name, the Extraordinary Chambers in the Courts of Cambodia.

Legal experts said Ney Thol’s dual positions could constitute a conflict of interest, but Ney Thol said Tuesday the motion was “inappropriate.”

Ney Thol recused himself from a hearing for Kaing Khek Iev, alias Duch, in November, because the former prison chief had been held for years under the military courts.

Tribunal spokesman Reach Sambath declined to comment on the motion.

Nuon Chea is to face a hearing for his pre-trial release Feb. 4.