Wednesday, October 19, 2011

Tweeting judge’s cyber diary

Co-investigating judge Laurent Kasper-Ansermet of Switzerland in this undated file photo. (Photo posted at: http://twitter.com/#!/lkasperansermet)

Wednesday, 19 October 2011
Bridget Di Certo
The Phnom Penh Post
Several of his tweets provide links to articles on KI Media, a well-known pro-opposition website in Cambodia. While Kasper-Ansermet’s embrace of public discussion runs contrary to some of the policies of his predecessor, under the Universal Declaration of Human Rights, which forms part of national law in the Kingdom, judges are entitled to the same rights of freedom of expression as other citizens.
Judge’s tweets

October 13
#Cambodia #KhmerRouge National Co-investigative Judge is “resolved to resist to any attempt to interfere into his works from any source”.

October 13
#KhmerRouge Ministry of foreign affairs: the Royal Government of Cambodia has the primary duty to protect peace and national reconciliation”day.

October 12
ind.pn/pGLuX3 #UN : the #Krtribunal has to proceed “without interference from any entity, including the Royal Government of Cambodia”

October 4
bit.ly/nrW3nA #KhmerRouge #HumanRights Co-investigating judges “have egregiously violated their legal and judicial duties” #UN
Oct 4

September 4
bit.ly/nCZLi7 #KhmerRouge : Officials for Japan and France say they want to see proceedings toward a trial of #Case002 advance”

June 17
http://bit.ly/muuaeq “UN had failed to address major questions requesting the credibility of the court” #KhmerRouge #HumanRights #Cambodia”
Many have asked: “WHY isn’t the Khmer Rouge tribunal going after more bad guys?”

It’s a question on the mind of new tribunal Co-Investigating Judge Laurent Kasper-Ansermet – or at least was on August 21 when he retweeted an article asking exactly that.

In the wake of German judge Siegfried Blunk’s shock resignation, his successor – who has yet to assume office – is set to dive straight into the crisis of credibility now engulfing the tribunal. That crisis, and the importance of the United

Nations in negotiating a resolution, is something that Kasper-Ansermet’s twitter feed shows him to be keenly aware of.

The Swiss judge, who appears to have opened the twitter account on May 17, frequently retweets civil society statements about the tribunal, including links to Open Society Justice Initiative and Human Rights Watch reports, including a recent HRW report calling for the resignation of co-investigating judges Blunk and You Bunleng.

The twitter feed provides a rare insight into the interests of Kasper-Ansermet, who appears to be an avid monitor of anti-corruption civil society movements such as those seen in Tunisia, Egypt, Libya and the recent Occupy Wall Street protests.

“What’s your answer about criticism (OSJI) for UN handling of a controversial case at the #KhmerRouge Tribunal? #asktheSG #Cambodia,” he tweeted on September 13, referring to an OSJI report criticising the lack of UN activity in response to continued allegations of political interference in the tribunal’s work.

It is not yet confirmed whether Kasper-Ansermet is in Phnom Penh, otherwise, the judge may have had the opportunity to “#asktheSG” (ask the UN Secretary-General) during a planned visit by UN Under-Secretary General for Legal Affairs Patricia O’Brien, who is scheduled to meet with court and government officials to address concerns at the tribunal.

Kasper-Ansermet has also tweeted links to court documents from Kheiu Samphan’s defence team calling for investigating judges to be removed, and on June 29, retweeted a comment from a New Zealand MP on cases 003 and 004, who said it was “reasonable to pursue cases 003/004 against Sou Met, Meas Muth, Ta An, Ta Tith and Im Chaem”.

Blunk and his Cambodian counterpart You Bunleng in August threatened news agency VOA with a contempt of court suit for publishing confidential documents that named the suspects in cases 003 and 004 and government officials have spoken out against pursuit of any additional Khmer Rouge suspects by the tribunal and monitoring groups have accused the government of interfering in the work of the tribunal.

Several of his tweets provide links to articles on KI Media, a well-known pro-opposition website in Cambodia. While Kasper-Ansermet’s embrace of public discussion runs contrary to some of the policies of his predecessor, under the Universal Declaration of Human Rights, which forms part of national law in the Kingdom, judges are entitled to the same rights of freedom of expression as other citizens.

Kasper-Ansermet has had a colourful career. Before graduating from the University of Geneva with a law degree in 1978, he completed tertiary studies in visual arts and journalism.

The tribunal website states that he has “more than 18 years’experience … focusing particularly on complex financial crimes and corruption.” He was involved in the high-profile investigation of the possible misuse of a US$4.8 billion loan from the International Monetary Fund to Russia in 2004.

At the time, UK newspaper The Times reported that “the investigation was marred by violent intimidation. Kasper-Ansermet, the investigating magistrate who launched the Swiss investigation, was left bleeding and unconscious in an attack in St Petersburg on a visit to Russia.”

While he may not face that sort of physical intimidation in Cambodia, his new role at the tribunal brings its own intense challenges. “There will be pressure on any new judge because of the credibility crisis at the court,” OSJI’s Clair Duffy told the Post yesterday.

“I think the pressures will largely depend on what happens with the UN Office of Legal Affairs and the Royal Government of Cambodia,” she said, referring to this week’s visit by O’Brien.

Yesterday, the tribunal had no further updates on when Kasper-Ansermet would assume his new role. Blunk is currently on annual leave until October 31. Kasper-Anserment said he would not be answering media queries before he had officially assumed his role at the tribunal.

8 comments:

Anonymous said...

is Hun Sen the bad guy?

Anonymous said...

2:20PM! may be not, He is the tool of evils!!!!

Anonymous said...

i'm not in politics in anyway; however, i think it is in the favor of peace and reconciliation purpose that the court is selective in who they should try and so on... keep in mind that the entire cambodia and people were in it together during that so-called KR revolution which turned the whole country upside down, etc... people then had no choice as there were no justice, no freedom of speech, etc when the brutal KR regime took over cambodia then. so, it is for peace and reconciliation sake that the court has to thread smartly in order to bring peace and justice to cambodia and the victims, etc, i think. i mean, someone got to make that decision, lawfully that is! millions of dollars are poured into the court for this purpose, so, it is the least the court could do to help find peace and justice for cambodia and the victims of that era. i pray that god will help the court to make the right, lawful decision so cambodia and khmer people can move on into the new era of development of cambodia and the new cambodia as well.

i think the least the court can do for cambodia and khmer people to to firmly and permanently create a rule of law society and gov't of cambodia and that nobody in cambodia can be above the law whatsover. we saw what happened under the chaotic KR regime without law, without justice, without freedom, etc... so we all ought to learn from that, really! god bless cambodia.

Anonymous said...

Judging Khmer rouge without judging yuons is just a joke because youns are mastermind of Khmer rouge and the killing field. Yuons are the real murderers. Letting yuons get of the crimes committed is another crime against humanity and A DENY of justice for the victims of yuon atrocity and hatred. Internal community must STOP TO COMMITMENT with yuons by deny yuons crimes and atrocities against Khmer and other weak and innocent people in SEA.

Anonymous said...

i think the root cause of all of this is the ill-society or uneducated society at large. it's the way people who are in charge think that could make a difference, good or bad. that's why in the world, they only hired qualified people to run the country? well, we knew KR hired ignorant people to run the country, you know!

i don't support blaming game as that is a sign of weakness. instead, the court should look into the root of the cause, yes, history does play an important role in all of this, you know! one has to quest many question like why? what? how come? what's the cause of it? what's made people snap? what creates the madness, the anger, the distrust, etc, etc...? of course, it is not a simple matter or simple solution to what happened. everyone played a role in history; however, the purpose of the court is to find a solution and justice, not to create chaos, fear, distrust, etc, you know!

Anonymous said...

in law enforcement, you have to be tough! no liency is allowed or the job is not right for people who are lient; it's like a double standard!

Anonymous said...

the court should look forward, not backward in order to find a solution to injustice and brutality under the KR. looking forward to me means putting the rule of law in cambodia, create a strong justice system in cambodia, bring in education to cambodia, all in order to prevent such unjust and uncivilized occurrence from repeating in cambodia or anywhere in the world again. the new cambodia should be about the rule of law, terms limits of power in gov't, all in all, reform gov't in a big way so gov't is for the people and by the people, educated people that is! and education should be encourage at all cost in cambodia, no exception! should should learn from the past and move on into a better, brighter future and a future of prosperity, peace, civilized, educated society and so on... that's how the new cambodia should be. may god help cambodia to achieve this national goal.

Anonymous said...

i do admit the KR case is one of controversial issue. that's why it costs so much to set up this court. it is challenging indeed and takes time to complete. if it were easy to the problem, then we wouldn't have this court at all, you know!