3: Two Fifths of a Court
And then there is the issue of the continuing interference of the Cambodian Government in the work of the Court. This interference is, however, only part of the problem. The real problem is not that the Government is interfering with the work of the judges,
although this interference of course constitutes a gross violation of Nuon Chea’s right to a
fair trial. The underlying, more fundamental problem in this case is that this is not an
fair trial. The underlying, more fundamental problem in this case is that this is not an
independent Court.
This Court was blighted when the international community decided to capitulate to the Cambodian Government and accept a majoty of Cambodian judges in all the Chambers. As a result, this Court cannot guarantee a fair trial to Nuon Chea, not even with the
system of super‐majority. (The super‐majority mechanism is a malfunctioning, legal
monstrosity, as the recent split decisions of the Pre‐Trial Chamber clearly illustrate.) All Cambodian Judges at the ECCC are or were members of the CPP. They were not elected because of their proven independence, or because of their willingness to oppose and resist the interests of the Cambodian Government whenever asked to do so. On the contrary, I am fraid, the Cambodian Judges were
chosen for their loyalty. It is for exactly that
chosen for their loyalty. It is for exactly that
reason that Hun Sen personally approved their appointment.
This is the third fundamental flaw of this Court we all like to
overlook: its structural lack
Court. The truth is that the Cambodian Government as a rule does not need to interfere in this Court or even in this trial,
because this Court is the Government. This is at best 2/5 of an independent Court.
overlook: its structural lack
of independence. Government interference is a
mere side‐issue. Independent judges in a properly functioning judicial environment would know how to deal with such illegal
interference. But that is unfortunately not the reality of thismere side‐issue. Independent judges in a properly functioning judicial environment would know how to deal with such illegal
Court. The truth is that the Cambodian Government as a rule does not need to interfere in this Court or even in this trial,
because this Court is the Government. This is at best 2/5 of an independent Court.
In this country, a proper separation of powers and a truly
independent judiciary s an illusion, at least with the current CPP Government. The Cambodian people re still waiting
for their Montesquieu. independent judiciary s an illusion, at least with the current CPP Government. The Cambodian people re still waiting
- Michiel Pestman (Nuon Chea's Defence)
5 comments:
សីហនុ និយាយហើយថា៖ KRT ជាតុលាការអត់ប្រយោជន៏!!!
En revanche, KRT ne fait aucune différence. C'est fait!!!
It's too late, and it's done. In the end KRT will not make any difference. It's just a comical show...
I let Khmer screw me; all Khmer officials, from top to bottom, screw Viet for free whether they be in Phnom Penh or on their TDY/Training/Visit in Vietnam (Hanoi, Ho Chi Minh City etc...) They love Viet's food, they love Viet's ass...Viet is everywhere in Viet-Cambodia from farmer to technician, from nurse to doctor, from firefighter to engineer, from rubber plantation owner/worker to Hun Sen's political advisor and bodyguards including Angkor Wat's owner...You all name it and Viet is there...Khmer doesn't do squat nowadays...
Whether or not they surrender themselves to Viet, Khmer is now Viet (period.)
Hun Sen is just a dumb Viet-Khmer that can be disposed of anytime at just a blink of an eye!
Ms. Soap
P.s. Again, challenge me if all of you dumb Khmer can. We have millions of us (legally the majority) that will vote for Viet-Khmer candidate forever... Eat your heart out Sam Raingsy and Theary Seng or whoever thinks that you can de-vietnamize the Federation of Indochina now or anytime in the forseeable future...
KRT is just a show to entertain the world. We, Viet, are that good and smart.
KI-Media is yesterday news and ought to shut down for good now...or better yet, come kiss our Viet's ass now!!!
Can Khmer put up the second Killing fields to get rid of millions of legal Viet-Khmer citizen now???
Okay you dumb Khmer - put up or shut up while we, Viet, are domesticating you for the bright future of the Federation of Indochina!
Not to worry about the Chinese, they are just being proud and busy making money for themseves...
Drag Sihanouk's ass to court or there won't be any justice at all!
អូសក្បាល សីហនុ យកទៅអោយតុលាការ កាត់ទោស បើពុំនោះសោតទេ វានឹងគ្មាន យុត្តិធម៌
អីឡើយ!!!
Emmène Sihanouk par sa tête au tribunal de KRT sinon il n'y aurait pas de justice!!!
The caused of the killing field or yuon racial crimes against Khmer people is yuons planed and sihanouk involved
yuons and sihanouk are the first degree criminals to be judged and held for responsible for the genocide against Khmer
first of all i would like to appologize to ki-media for using the site to let people know Khmer Sovannaphumi- known as Pang Sokheoun, n his mistress Sokunthear Som have been reported to FBI agent n FB's adminstration for stealing n posting someone pic in their wall without the owner consent to defame them..further more they both wrongly accused that same person of created his Pang Sokheoun id, N Tha Van id, they both have been cursed, n will be brought to justice..i have been in contact with Cambodian Goverment to make sure both of them will not be able to enter cambodia without arrest for their cyber crime....i hope to see their dirty bastard asses soon in court..
Khmer people in the whole country
can judge Sihanouk by 5 million
Khmer citizens going into the palace
and dragging him and put him in jail
for life.
How stupidest and craziest king is!
Sihanouk,you did not admit you were
wrong so he is the worst king in
Khmer history.
The Khmer people will take you to
hell.
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