Analyst Accuses Judges of Having CPP Ties
By William Shaw and Prak Chan Thul
THE CAMBODIA DAILY
Legal analyst Lao Mong Hay on Friday accused Khmer Rouge tribunal judicial appointee Ney Thol of being a member of the CPP central committee, adding that the international community risks legitimizing Cambodia's politically affiliated judiciary by cooperating on the trial.
He added that he believes all 17 of the Cambodian prosecutors and judges nominated for the tribunal are members of Prime Minister Him Sen's ruling CPP.
"Among the 17 listed, there is one who is a member of the central committee," Lao Mong Hay said of Military Court President Ney Thol, adding that he was elected to the committee last year.
"Openly or discretely, all the judges are members of the ruling party," he said. "They have to toe the party line."
His comments came a day after Hun Sen described critics of the trial's judges and prosecutors as animals, and urged one person who had questioned the appointment of the officials to stay in Toronto, Canada. Lao Mong Hay has said he believed this may have been a reference to himself.
Ney Thol, who will serve as a judge in the pre-trial chamber that will resolve disputes about who to prosecute, declined to say whether he was on the central committee, while Thong Ol, the tribunal's reserve co-investigating judge, would not reveal whether he was a CPP member.
Asked whether the Cambodian tribunal officials were CFP members, government spokesman and Information Minister Khieu Kanharith replied: "Who is not a member of one political party? [Lao Mong Hay] was also a member of Son Sann's party before."
The judges were selected by the Supreme Council of Magistracy based on their experience and qualifications, he said, adding that the trial will be handled according to the law.
On Thursday, Hun Sen said critics of the trial appointees are animals because they don't know their backgrounds, adding: "They even want to seduce their own parents."
Asked about the legitimacy of criticizing the tribunal's judicial staff, tribunal spokesman Peter Foster referred to articles of the Cambodian Constitution which state that Cambodia will respect human rights as stipulated in the UN charter, and that Khmer citizens will have freedom of expression.
The Asian Human Rights Commission, for which Lao Mong Hay is a senior researcher, issued a statement saying that people outside Cambodia might wonder why Hun Sen was unable to tolerate criticism of his choices.
The commission added that in the 1980s, judicial officers were selected from among party cadres and their function was to protect socialist legality. They did not need specific competency as judges, the statement said.
"This is what Hun Sen understands to be a judiciary. His notion of a court is that it will condemn and punish whoever is brought before it as quickly as possible and as expected by the state," the commission added.
Youk Chhang, director of the Documentation Center of Cambodia, wrote in an e-mail that Cambodia has appointed several good individuals, while others may lack proper credentials or outlook.
"[B]ut we should accept the decision of the Royal Government and UN and move forward. We can do this by realizing that safeguards have been built into the RGC-UN process that will prevent unfair decisions," he wrote. "We must not lose sight of the fact that the process is finally underway."
He added that he believes all 17 of the Cambodian prosecutors and judges nominated for the tribunal are members of Prime Minister Him Sen's ruling CPP.
"Among the 17 listed, there is one who is a member of the central committee," Lao Mong Hay said of Military Court President Ney Thol, adding that he was elected to the committee last year.
"Openly or discretely, all the judges are members of the ruling party," he said. "They have to toe the party line."
His comments came a day after Hun Sen described critics of the trial's judges and prosecutors as animals, and urged one person who had questioned the appointment of the officials to stay in Toronto, Canada. Lao Mong Hay has said he believed this may have been a reference to himself.
Ney Thol, who will serve as a judge in the pre-trial chamber that will resolve disputes about who to prosecute, declined to say whether he was on the central committee, while Thong Ol, the tribunal's reserve co-investigating judge, would not reveal whether he was a CPP member.
Asked whether the Cambodian tribunal officials were CFP members, government spokesman and Information Minister Khieu Kanharith replied: "Who is not a member of one political party? [Lao Mong Hay] was also a member of Son Sann's party before."
The judges were selected by the Supreme Council of Magistracy based on their experience and qualifications, he said, adding that the trial will be handled according to the law.
On Thursday, Hun Sen said critics of the trial appointees are animals because they don't know their backgrounds, adding: "They even want to seduce their own parents."
Asked about the legitimacy of criticizing the tribunal's judicial staff, tribunal spokesman Peter Foster referred to articles of the Cambodian Constitution which state that Cambodia will respect human rights as stipulated in the UN charter, and that Khmer citizens will have freedom of expression.
The Asian Human Rights Commission, for which Lao Mong Hay is a senior researcher, issued a statement saying that people outside Cambodia might wonder why Hun Sen was unable to tolerate criticism of his choices.
The commission added that in the 1980s, judicial officers were selected from among party cadres and their function was to protect socialist legality. They did not need specific competency as judges, the statement said.
"This is what Hun Sen understands to be a judiciary. His notion of a court is that it will condemn and punish whoever is brought before it as quickly as possible and as expected by the state," the commission added.
Youk Chhang, director of the Documentation Center of Cambodia, wrote in an e-mail that Cambodia has appointed several good individuals, while others may lack proper credentials or outlook.
"[B]ut we should accept the decision of the Royal Government and UN and move forward. We can do this by realizing that safeguards have been built into the RGC-UN process that will prevent unfair decisions," he wrote. "We must not lose sight of the fact that the process is finally underway."
6 comments:
In what country do you have to reveal your politcal affiliations before you can become a judge? As I understand it, in the selection process for the international judges and national ones political parties were not considered at all- isn'that a good thing?
Wow I didn't it would take a monkey brian to know that this trial will do what ever to keep the youns behind the killing of millions of Khmer for good. Listen to all Khmer out there: Snare har Jeat or Sell your nation and most of you are doing so. By now wake the f*** up, are you Khmer or not if nor get the f*** out. Man did you know how how soldeirs dies just for your sorry asses, yeah have a though about that and what appreciation did they get out of that? Death my friend death that is. You know why I says this because i'm khmer and I love my nation and I shade tears because of you sh*thole couldn't give a damn, that what it is. Sorry for my innapropriate language.
This trial is suposed to meet international standards. That starts with the selection of the judges. If question one is 'what political party do you belong to?'- then the standards have not been met. Have you read how this thing is set up? there are internationals at every level of the court and no descion can be made without thier agreement. Plus how many Khmer Yale or Harvard graduates are out there? lets be realistic about the kind of experiance and education Khmer officals actually have- that is why the internationals are coming - right?
I am not defending Hun Sen here- that speach he gave shows him to be a real wingnut somtimes- but I think the tribunal has enough safeguards in it that even he can't f*ck it up without taking a huge loss of face to all those nations that he is relying on for development money.
Ha...ha...ha... Sound funny Mr. Anonymous #1 or Mr. Yuoun Kontop!
If you are a killer and later on you become a judge, what is the meaning of justic? As you know well than I do, Ney Thol is Viet from Dong Xoai, Viet Nam. Ney Thol had a bloody hand killing most of the Khmer Scholars in early 1980.
I am from Cambodia Depend Ministry military technology unit. I agree to Mr.Anonymous at 11:09pm said. Ney Thol had killed Mr. Ouk Davy, the khmer scholar in 1982 in Military Prison. If everyone want to discover that please ask Mr. Sum Sieng, Tea Banh, Div Phin, Cheng Thon, and Mr. Bu Thon.
Anonymouse 6:14pm.
We may got no 100% justice, but to start the trail it mean the killing is wrong that good massage to our next genaration not to let the evil Viet Name to posse us like Pol Pot and Hun Sen.
Keep talking let our peple now who is the real killer and who is the one behind the killing, is what we can do. And we should try to do the best about it!
Anonymouse8:36pm
Hun Sen newer care about face, don't you see it in the past 10 years if not the 15years. He lied , he killed, he cheated. He do any thing to cotrole power he got from Viet Name. He say with out thinking, he scare us from use our right, That Government have no face it the bud of Viet Name.
Hun Sen care most if Viet Name angry or not I mean the Communist God of Viet Name.
Hun Sen do not care also about money for the poeple he afraid only if the free world declare him out law and flush him out like Sadam Hunsen or Noriega
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