Justice Denied [-Omnach khlaing cheang chbab - "Power is stronger than the law"]

 

The U.N.-sponsored tribunal established to prosecute those responsible for the Khmer Rouge’s crimes is in shambles, and the United Nations doesn’t have a clue how to fix it.

NOVEMBER 23, 2011

BY DOUGLAS GILLISON

Foreign Policy

NEW YORK/PHNOM PENH, Cambodia — In the evening hours of a sweltering Friday at the end of April, a team of U.N. lawyers in Cambodia alerted Secretary-General Ban Ki-moon to a crisis at a tribunal built to serve the millions of victims of the Khmer Rouge, arguably the most important court functioning in the world today.

That day, the lawyers' bosses -- a judge from Germany and a prominent Cambodian appeals judge -- had shut down an investigation of two Khmer Rouge military leaders for war crimes and crimes against humanity before it had even really begun.

"It is our duty to notify you that we consider, as a matter of law and procedure, that the co-investigating judges did not conduct a genuine, impartial or effective investigation and as such did not discharge their legal obligation to ascertain the truth," the lawyers wrote. "In our view, the decision to close the investigation at this stage breaches international standards of justice, fairness and due process of law."

Investigate the Khmer Rouge Tribunal

It's important to know why a U.N. official undermined the inquiries and turned the tribunal into a sham.

NOVEMBER 17, 2011

By JOHN A. HALL

The Wall Street Journal

Did Mr. Blunk's own organization, the U.N., conclude that attempting to broaden the number of defendants would jeopardize the ability of the tribunal to complete the trials of those already in custody?

The scandal-plagued and U.N.-backed Khmer Rouge Tribunal is finally on the brink of beginning the trials of four elderly senior members of the regime responsible for the deaths of an estimated 1.8 million Cambodians from 1975-79. Unfortunately, the credibility of the tribunal has been rocked by the serious judicial misconduct of the two co-investigating judges, German Siegfried Blunk, and Cambodian You Bunleng. An independent investigation is now desperately needed to restore confidence in the legitimacy of the legal process.

Messrs. Blunk and You had responsibility to investigate five additional suspects accused by the international prosecutor of mass murder and serious crimes against humanity. It is hard to imagine a remit more serious for any judge. Yet they persistently undermined the investigative process.

The two judges closed down the investigations prematurely without having summoned, charged or questioned the suspects; without meeting with key witnesses; and without having conducted significant field inquiries. Their Cambodian staff reportedly stuffed paper into the case files just to give the illusion that investigations had taken place. In short, they presided over an egregious violation of their legal and judicial duties in violation of U.N. standards and international legal norms.

KRT paralysed, report claims

Tuesday, 15 November 2011
Seng Sovan
The Phnom Penh Post

The failure of the United Nations to swiftly replace recently resigned German judge Siegfried Blunk at the Khmer Rouge tribunal is effectively paralysing investigations into the controversial cases 003 and 004, a report released yesterday by the court-monitoring group Open Society Justice Initiative says.

The report calls for the immediate appointment of new International Co-Investigating Judge Laurent Kasper-Ansermet, whom the UN has named as Blunk’s replacement.

Blunk resigned on October 10 and, after a period of annual leave, officially severed ties with the court on October 31.

Kasper-Ansermet, a Swiss national, has yet to commence duties at the tribunal.

Until Kasper-Ansermet formally assumes his role at the court, investigations into cases 003 and 004 are stalled under the rules governing the court.

Cambodia tribunal judges release misconduct report

October 27, 2011
ABC Radio Australia

Two international judges at Cambodia's Khmer Rouge tribunal have issued a damning decision, accusing investigating judges of obstruction, violations of victims' rights and possible misconduct.

The two international judges Rowan Downing and Katinka Lahuis sit on a tribunal chamber that rules on disputes while a case is still under investigation.

They've criticised co-investigating judges Siegfried Blunk and You Bunleng in a 12-page minority decision, listing a string of questionable actions.

Siegfried Blunk resigned earlier this month, citing political interference in his work.

Presenter: Sen Lam

Speaker: Robert Carmichael, Phnom Penh-based journalist

Click here to listen:to the audio program (Windows Media)

CARMICHAEL: It is a somewhat explosive 12 page report that the two international judges released this week. It was part of a minority decision rejecting the application of a New Zealand man, Robert Hamill, whose brother was killed by the Khmer Rouge. And now the pre-trial chamber, which is the body that judges Downing and Lahuis sit on, ruled against Hamill because four judges are required to uphold the appeal that Robert Hamill's lawyers had put in after this office of crime investigating judges rejected him for a controversial case the Cambodian government has long said it doesn't want to take place. So the three Cambodian judges on that chamber rejected Hamill's appeal, the two internationals effectively upheld it, and then launched into an examination of exactly what's been going on in the office of co-investigating judges, which is run by Siegfried Blunk and You Bunleng. And their findings were grim reading but upheld a lot of what observers and critics have said is going wrong out of the court this year.

Judges decry KRT missteps

Rob Hamill of New Zealand speaks to the Post outside the Extraordinary Chambers in the Courts of Cambodia in August 2009. (Photo by: Sovan Philong)

Wednesday, 26 October 2011
Mary Kozlovski
The Phnom Penh Post

A disregard for victims’ rights, procedural discrepancies and a failure to provide sufficient information to parties by investigating judges in the Khmer Rouge tribunal’s controversial third case were described in court documents released yesterday.

A redacted version of considerations of the court’s Pre-Trial Chamber of prominent New Zealander Rob Hamill’s civil party application rejection were among documents released.

The two international judges, Rowan Downing and Katinka Lahuis, who constitute the minority of the Pre-Trial Chamber, recognised that co-investigating judges Siegfried Blunk and You Bunleng had refused to acknowledge civil party lawyers in Case 003 and ignored their requests to access the case file.

“We are of the view that, by their course of action, the Co-Investigating Judges have deprived some civil party applicants, including the Appellant [Rob Hamill], of the fundamental right to legal representation,” the opinion of the international judges read.

Cambodia: UN visit ends without decision

The Cambodian government must stop interfering in the Khmer Rouge tribunal’s investigations of two war crimes cases. That’s the message from the UN’s top legal officer, who wrapped up a visit to Phnom Penh on Friday.

21 October 2011

By Robert Carmichael

International Justice Desk

Blunk and You Bunleng, his Cambodian counterpart in the Office of the Co-Investigating Judges (OCIJ), have been widely condemned for a string of legally dubious rulings surrounding Cases 003 and 004.

The two have also been accused of deliberately undermining their investigations into those cases at the government’s behest, and using the flimsiest of reasons to exclude civil parties.

However the UN remained tight-lipped about whether it would sanction a probe of the investigating judges’ office, whose decisions on the two controversial cases – known as Cases 003 and 004 in the court’s parlance – have proved a significant embarrassment for the UN-backed court.

The comments from the visiting head of the UN’s Office of Legal Affairs, Patricia O’Brien, followed a meeting with Cambodia’s Deputy Prime Minister Sok An.

Respect

In a statement released late Thursday, O’Brien said she had told Sok An that the UN insisted that all parties respect the independence of judicial proceedings.

“(I) strongly urged the government to refrain from statements opposing the progress of Cases 003 and 004 and to refrain from interfering in any way whatsoever with the judicial process,” O’Brien said, adding that she had stressed the government’s obligation “to cooperate fully” with the tribunal.

The U.N. and the Khmer Rouge Trials

October 18, 2011
Letters to the International Herald Tribune

The op-ed “Justice delayed and denied” (Views, Oct. 14) by James A. Goldston mischaracterizes the position of the United Nations in relation to the Extraordinary Chambers in the Courts of Cambodia.

Mr. Goldston states that in response to a judge’s resignation from the E.C.C.C. on grounds of perceived political interference, the secretary general “... simply thanked the judge for his service, announced that he was working to secure a replacement, and restated his strong support for the work of the E.C.C.C. In other words, business as usual.” This is not correct. In a statement made on Oct. 10, the United Nations noted the reasons given by the judge for his resignation, reiterated that the E.C.C.C. must be permitted to proceed with its work without interference from any entity, including the royal government of Cambodia, and indicated that the United Nations would continue to monitor the situation at the E.C.C.C. closely.

In line with that statement, I will travel to Phnom Penh next week to discuss the issue of political interference as a matter of urgency and to gain the best possible understanding of the facts regarding concerns about other aspects of the work of the E.C.C.C. The United Nations is naturally concerned by these matters and will strive to ensure that any action it may take would not undermine its longstanding support for the independence of the judiciary in Cambodia and elsewhere.

Patricia O’Brien, New York

Under secretary general for legal affairs, United Nations

Judge Resigns, Casting Doubt Over Khmer Rouge Trials

In this undated photo, a man cleans a skull near a mass grave at the Choeung Ek camp outside Phnom Penh, Cambodia — the best known of the killing fields run by the Khmer Rouge in the middle and late 1970s. Now, Cambodians are skeptical that a U.N.-backed tribunal will be able to deliver justice in the case of four remaining high-level Khmer Rouge officials. (Jeff Widener/AP)

October 17, 2011
By Anthony Kuhn
National Public Radio (NPR, USA)

Click the control below to listen to the audio program:

Click here to download the audio program in MP3

Long running and frequently delayed, the legal cases against former leaders of the Khmer Rouge are now in danger of being terminated before many of their victims get the justice they've sought.

A German judge resigned this month from the U.N.-backed Khmer Rouge tribunal. The judge, Siegfried Blunk, felt Cambodian officials were obstructing efforts to investigate the crimes of the Khmer Rouge, which is believed to have killed as many as 2 million of its own citizens between 1975 and 1979.

The resignation has triggered skepticism among Cambodians about the prospects for justice at the tribunal, and about the U.N.'s involvement in it.

The remaining four members of the Khmer Rouge's ruling Central Committee — Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Tirith — are all in their 70s or 80s, and the court is hurrying to put them on trial before they die.

Rights groups urge UN action over KRouge court

Saturday, Oct 15, 2011
Saigon Giai Phong (Vietcong Commie Party)

Rights groups urged the United Nations Tuesday to seek assurances from Cambodia that it will not meddle in a UN-backed Khmer Rouge tribunal after a judge resigned citing political interference.

Amnesty International said the UN could not sit idly by after Siegfried Blunk openly acknowledged the problem when announcing his decision to step down on Monday. Blunk said government opposition to further prosecutions linked to the 1975-79 regime effectively made his position untenable.

"The UN should seek guarantees from the Cambodian government that it will not interfere in its proceedings and make clear that any attempts to influence the work of the (court) will force the UN to review its involvement," said Sam Zarifi, the group's Asia-Pacific director.

The departure of Blunk, one of two judges tasked with investigating new Khmer Rouge cases, is the latest setback to the court, long dogged by allegations of political interference.

UN legal chief to discuss concerns about genocide court during Cambodia visit

Patricia O'Brien, Under-Secretary-General for Legal Affairs

14 October 2011
UN News Centre

The United Nations Legal Counsel will travel to Phnom Penh next week for meetings concerning the Cambodia genocide tribunal in the wake of the resignation of one of the judges.

The tribunal, known officially as the Extraordinary Chambers in the Courts of Cambodia (ECCC), was set up under an agreement signed in 2003 by the UN and the Government.

The independent court, which uses a mixture of Cambodian staff and judges and foreign personnel, is tasked with trying those deemed most responsible for mass killings and other crimes committed under the Khmer Rouge between 1975 and 1979 during which as many as two million people are thought to have died.

The visit by Patricia O’Brien, the Under Secretary-General for Legal Affairs, follows the resignation earlier this week of Judge Siegfried Blunk, the international co-investigating judge at the ECCC.The UN has consistently stated that the ECCC must be permitted to proceed with its work without interference from any entity, including the Cambodian Government.

Facesaving attempt by Phnom Penh

KRT judge ‘bowed to’ NGO pressure (sic!), says government

Friday, 14 October 2011 12:03
Bridget Di Certo and Mary Kozlovski
The Phnom Penh Post

Recently resigned Khmer Rouge tribunal judge Siegfried Blunk has “bowed to” a sustained campaign against him by international organisations and “persistent interference” by the media, the government said yesterday.

The Council of Ministers’ Press and Quick Reaction Unit declared the resignation of international Co-Investigating Judge Siegfried Blunk on Sunday a “serious blow” to the United Nations-backed tribunal.

It also claimed that calls for the co-investigating judges’ resignations were the result of a “campaign” by international organisations and the media to discredit the tribunal.

“International organisations (including Human Rights Watch, Amnesty International and the Open Society Justice Initiative) alongside persistent media interference … have long opposed the ECCC, and over the past two years have exerted increasing pressure to discredit and undermine the ECCC,” a statement from the unit said.

War Crimes Tribunal's International Judge Resigned

http://www.youtube.com/watch?v=GGEXqOzxMIw

Victims' access to Khmer Rouge tribunal crucial, says NGO

October 13, 2011
ABC Radio Australia

The Cambodian government has rejected claims of political interference in the Khmer Rouge war crimes tribunal, despite top officials publicly declaring opposition to certain cases.

This week, German judge Siegfried Blunk quit citing interference from the Cambodian Government.

Cambodia's Foreign Ministry has released a statement saying although it respects the independence of the trial, it has a responsibility to voice concern over developments that might endanger peace and reconciliation.

That relates to claims that widening the tribunal beyond the current five suspects on trial could cause social unrest.

But the troubles at the tribunal raise the question of what kind of justice will be found for the victims of the Khmer Rouge and their families?

Presenter: Liam Cochrane

Speaker: Chhaya Hang, director of the Khmer Institute of Democracy

Click here to listen to the audio program (Windows Media)

Judge in UN-backed Cambodian court pledges to press on after colleague resigns [-Liar, liar, pants on fire!]

Justices Siegfried Blunk (right) and You Bunleng at the Extraordinary Chambers in the Courts of Cambodia (ECCC)

12 October 2011
UN News Centre

The national co-investigating judge in the United Nations-backed Cambodian genocide tribunal today affirmed that he will continue to fulfil his mandate independently and in compliance with the principles stipulated in the law, despite the resignation of his international colleague.

Judge Siegfried Blunk, the international co-investigating judge at the Extraordinary Chambers in the Courts of Cambodia (ECCC), submitted his resignation to Secretary-General Ban Ki-moon as of 8 October, citing repeated statements by Government officials regarding what are known as cases 003 and 004.

Case 003 reportedly involves two former senior members of the Khmer Rouge military suspected of being responsible for the deaths of thousands of people, while case 004 is believed to involve three other senior members.

“His resignation was very surprising to me,” said You Bunleng, the national co-investigating judge, in a statement.

“In fact, the work relationship between the international co-investigating judge and myself as national co-investigating judge has so far developed in a smooth and responsible manner based on legal principles and the ECCC internal rules, although there have been some allegations through media speculations made by some outsiders of the Court.”

Resignation Raises Doubts Over Khmer Rouge Tribunal

"The UN must demand that the Cambodian government absolutely butts out of all judicial and prosecutorial decision-making in the court and let it perform independently, but not just through empty statements about the importance of independence. There need to be substantive guarantees by the government." 

By Irwin Loy

PHNOM PENH, Oct 12, 2011 (IPS) - The United Nations must address a "crisis of confidence" at the beleaguered Khmer Rouge war crimes tribunal in Cambodia following the resignation of a controversial judge, critics say.

News this week that Siegfried Blunk, one of two investigating judges at the UN-backed tribunal, resigned citing political interference is raising questions about the legacy of the court itself.

Critics say the high-profile departure shows significant moves must be taken to ensure the integrity of the tribunal, known officially as the Extraordinary Chambers in the Courts of Cambodia, or ECCC.

"This should not be a case of business as usual," James Goldston, executive director of the New York- based Open Society Justice Initiative, said in a statement.

Leading Researcher Calls on UN to Investigate Tribunal Judges’ Office

CIJs: You Bunleng (L) and Siegfried Blunk (R)

Wednesday, 12 October 2011
Kong Sothanarith, VOA Khmer | Phnom Penh

“Judge Blunk’s resignation has only added fuel to conspiracy theories and conjecture regarding corruption within the [Office of the Co-Investigating Judges].”

The head of the Documentation Center of Cambodia on Wednesday called for the UN to take “decisive action” to investigate the office of investigating judges at the Khmer Rouge tribunal, following the abrupt resignation of its international judge on Monday.

The Documentation Center is a major researcher of Khmer Rouge atrocities, providing thousands of documents that have made the tribunal possible.

Chhang Youk, director of the center, said the resignation of German judge Siegfried Blunk—who cited government statements against further indictments as his reason for quitting—required the UN to “restore the reputation” of the court.

The "entire" OCIJ must be investigated: Youk Chhang

The entire OCIJ must be investigated

Youk Chhang

Documentation Center of Cambodia

As an institution which promotes justice and memory for victims of the Khmer Rouge, the Documentation Center of Cambodia (DC-Cam) has a strong interest in ensuring the legitimacy and success of the Extraordinary Chambers in the Courts of Cambodia (ECCC). While DC-Cam is not affiliated with the ECCC in any formal way, the Center was integral to the creation of the Court and has provided it with over 500,000 pages of documents along with various films, maps, photographs and interviews as a recognized “in-kind” donor. DC-Cam also continues to assist the ECCC through the provision of its research and expertise.

For months, various commentators and civil society institutions have alleged corruption and political interference at the ECCC. These allegations have been focused on the ECCC Office of the Co-Investigating Judges (OCIJ). Recently, International Co-Investigating Judge Siegfried Blunk resigned, citing the appearance of political interference by the Royal Government of Cambodia (RGC) as his motivation. Judge Blunk’s resignation has only added fuel to conspiracy theories and conjecture regarding corruption within the OCIJ. The time for speculation and debate however, has now long passed and there is a pressing need for the United Nations (UN) to act decisively.

The legitimacy of the entire ECCC has already been compromised by widespread perceptions of corruption within the OCIJ. Simply replacing Judge Blunk will do nothing to restore confidence in the ECCC. The only way to salvage the reputation of the Court and demonstrate that the international community is serious about combating corruption, impunity and injustice is through an immediate, impartial, transparent and thorough investigation of the entire OCIJ, followed by appropriate remedial action.

If no investigation takes place, every entity connected to the ECCC, including the UN itself, will be complicit with the RGC in compromising the last opportunity to provide some measure of justice for victims of the Khmer Rouge, whose suffering has already been either ignored or politically manipulated for over 30 years.

End.

Independently Searching for the Truth since 1997.

MEMORY & JUSTICE

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Youk Chhang, Director

Documentation Center of Cambodia (DC-Cam)

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e: dccam@online.com.kh

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Statement of The Ministry of Foreign Affairs andInternational Cooperation [Deny! Deny! Deny!]

Killing fields trials beset by farce and interference

Former Khmer Rouge head of state Khieu Samphan, former foreign minister Ieng Sary, and former social affairs minister Ieng Thirith, will still be tried. Photo: Reuters

October 12, 2011
Lindsay Murdoch
The Sydney Morning Herald

BANGKOK: Prosecutions against five high-ranking Khmer Rouge cadres are set to be dropped as United Nations trials in Phnom Penh collapse amid farce and acrimony.

Charges are expected to be dropped against the alleged killing field death squad commanders Sou Met and Meas Muth, who have been accused of crimes against humanity and war crimes.

The German co-investigating judge Siegfried Blunk quit the trials on Monday, citing interference by the Cambodian Prime Minister, Hen Sen, and other government officials.

A man sweeps near skulls of Khmer Rouge victims at Phnom Batheay village during Pchum Ben, the country's festival to remember the dead. Photo: Reuters

Theary Seng's interview on France Info regarding the KR Tribunal (in French)

12 Oct 2011
France Info

Cambodge

Le juge d’instruction du tribunal, l’Allemand Siegfried Blunk, chargé du procès des Khmers rouges, a démissionné en dénonçant ce qui "sera perçu comme des tentatives d’ingérences de responsables du gouvernement" dans deux dossiers controversés dans lesquels aucune inculpation n’a été prononcée.

Le tribunal de Phnom Penh est une instance mi cambodgienne, mi internationale et la cible de nombreuses critiques.

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Cambodia

Siegfried Blunk, the Co-Investigating Judge at the Khmer Rouge Tribunal, resigned by blaming what "will be perceived as attempted interference by government officials" in two controversial cases in which no charges has been announced yet.

The Phnom Penh tribunal is a hybrid court and it is the target of numerous criticisms.

Click here to listen to the France Info audio program in FRENCH

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