UN Urges Cambodia to Re-Think Judge's Appointment

Heng Reaksmey, VOA Khmer
Original report from Washington
22 August 2007

The UN appealed to Cambodian authorities Wednesday to reconsider appointing tribunal judge You Bunleng to head the national Court of Appeals.

The world body "invited the Cambodian authorities to consider keeping Judge You Bunleng in his current function" and was awaiting a reply, UN tribunal spokesman Peter Foster said in a statement Wednesday.

The UN is concerned the appointment of the judge, who in the tribunal process is responsible for determining which suspects see trial, could undermine the tribunal.

Cambodian authorities, however, say he is needed to help shore up the judiciary; he is replacing judge Ly Vuochleng, who was sacked earlier this month over bribery allegations.

You Bunleng declined comment Wednesday.

However, both national and international judges have dual roles in different positions, said Cambodian tribunal spokesman Reach Sambath.

"Both sides are studying and considering the work showing that justice will prevail in a short time and no proceedings will be interrupted," he said. "One thing we can specify is that both Cambodia and the UN have the same will, that is they want the procedure to go forward, and consider the interests of the victims as important."

Keeping You Bunleng in two positions could work, but the Khmer Rouge trials should remain a priority, a tribunal expert said.

"The solution may be that both sides should talk and find a solution now, and prepare something to guarantee there will be no delay," Cambodia Justice Initiative observer Long Panhavuth said. "The best thing is for Mr. You Bunleng to have two positions, but he must give his priority and most of the time of his work for the Khmer Rouge tribunal."

UN urges Cambodia re-think on KRouge judge

PHNOM PENH (AFP) - The United Nations Wednesday urged Cambodia not to transfer a key judge away from the country's genocide trials amid concerns his departure could delay efforts to try former Khmer Rouge leaders.

You Bunleng, one of the court's co-investigating judges, was appointed head of Cambodia's Appeal Court last week, forcing him to quit the UN-backed tribunal intended to prosecute one of the 20th century's worst atrocities.

He had been seen as crucial to determining which suspects will go to trial.

The UN "invited the Cambodian authorities to consider keeping Judge You Bunleng in his current function," said a statement from the world body's tribunal spokesman Peter Foster.

"The United Nations is now awaiting a response from the Cambodian authorities."

You Bunleng refused to comment Wednesday on his transfer, but foreign diplomats see the move as a bid by Cambodia to shore up its ailing judiciary -- a key demand of the impoverished country's international donors.

He will replace Appeal Court head Ly Vuoch Leng, who was dismissed over bribery allegations.

You Bunleng's departure comes at a crucial time during which he and his international counterpart, Marcel Lemonde of France, were investigating the first cases filed by prosecutors over the 1975-1979 regime.

Up to two million people died of starvation and overwork or were executed under the Khmer Rouge, which abolished religion, schools and currency, exiling millions to vast collective farms with the aim of creating an agrarian utopia.

UN 'Concerned' Over Tribunal Judge's Appointment

Head of national Appeals Court judge, You Bun Leng of Cambodia, center, talks with Marcel Lemonde of France, right, inside the court hall of Khmer Rouge Tribunal headquarters in Phnom Penh.

Sok Khemara, VOA Khmer
Original report from Washington
20 August 2007

The UN said in a statement Monday it was concerned over the appointment of Khmer Rouge tribunal investigating judge You Bunleng to head the national Appeals Court, following an official swearing in last week.

You Bunleng was selected to replace a judge ousted on allegations of bribe-taking. His appointment to the position was made in a Royal Decree dated Aug. 9. You Bunleng has said he will try to work at both positions, but tribunal experts worry this will weaken the effectiveness of the tribunal.

The UN said in a statement released Monday but dated Friday it was "concerned about the impact of the Royal Decree on the perceived independence" of the tribunal.

The UN also said the promotion was a potential threat to the efficiency of the tribunal proceedings.

"Further clarification is now being sought from the Cambodian authorities," the UN statement said.

CAMBODIA: Judge transfer raises fears of Khmer Rouge trial delay

20/08/2007
Australian Broadcasting Corporation

In Cambodia, one of the judges presiding over the trial of the former Khmer Rouge leaders has been appointed president of the country's court of appeals.

The appointment means that judge You Bunleng has to resign from his position with the Khmer Rouge tribunal.

Observers and human rights groups fear this development could delay justice for the victims of human rights abuses during the Khmer rouge era.

Radio Australia's Girish Sawlani reports that Judge You Bunleng was sworn in on Thursday as president of Cambodia's Court of Appeal and at the same time, inducted as a member of the Supreme Council of the Magistracy.

Speaking on Radio Australia's Connect Asia program, Dr. Helen Jarvis, the chief of public affairs of the Extraordinary Chambers in the Courts of Cambodia, says the abrupt appointment was a matter of great urgency.

"Cambodia has newly promulgated codes of civil procedure and criminal procedure and he was selected in an emergency situation where the president of the appeals court was vacated.

"It was decided that he would be the best person to fulfill the role in this difficult situation, and he believes that he can effect an ordely transition that would not impede the work of the extraordinary chambers," she says.

However, human rights activists in Cambodia are afraid that this development will further delay the trials against former the Khmer Rouge leaders who were responsible for the death's of up to two million people.

One such activist is Kek Galabru, the Director of Licahdo, the Cambodian League for the Promotion and Defence of Human Rights, who has been following the developments.

"If he leaves the Khmer Rouge tribunal, we are afraid that the (tribunal) process will be delayed," he says.

Like many other Cambodians affected by the atrocities committed by the Khmer Rouge, Kek Galabru says that it is imperative that the remaining perpetrators be brought to justice and receive the appropriate punishments.

"Almost all Cambodian people are victims of this Khmer Rouge period.

"So all of us would like to see justice. Can you imagine a group of people were responsible for almost two million deaths and no one has been prosecuted.

"We cannot accept that," he says.

Tribunal Judge Walking a Fine Line With Two Hats, Groups Worry

You Bun Leng (L) receives his Appeals Court chief seal from Dith Munty (M), and Ly Vuoch Leng (R) during the transfer ceremony (Photo: Chamnab, Koh Santepheap newspaper)

Mean Veasna, VOA Khmer
Original report from Phnom Penh
17 August 2007

Tribunal investigating judge You Bunleng was sworn in as the chief of Appeal's Court Thursday, in an official ceremony that observers worry could further scramble the trials of former Khmer Rouge leaders.

As a co-investigator with French judge Marcel Lemonde, You Bunleng occupies a critical position in the special tribunal courts. And now, as Appeals Court chief, he will occupy a critical position within Cambodia's everyday judiciary, a system roundly criticized for corruption and nagging failures to deliver justice.

The two hats put the judge on course to walk a thin line, groups said this week.

You Bunleng replaced an Appeals Court judge ousted after allegations the judge took bribes to exonerate two men found guilty in lower courts on sex crimes.

Cambodian officials said the change of judges was a necessary reform. However, civic groups said the replacement of the Appeals Court chief may amount to another obstacle for the tribunal.

You Bunleng was needed in the Appeals Court and was requested by the Committee to Reform the Judicial System, Minister of Justice Ang Vong Vatana said.

Hisham Mousar, a legal expert who monitors the tribunal for the rights group Adhoc, said the move showed an effort to fight corruption in the judiciary, but it would also create obstacles for the tribunal.

"We undertand the Cambodian government has many worries in reforming the Appeals Court," he said. "But this [appointment] is bad for the independence, justice and international standards of the tribunal. This is a serious problem."

You Bunleng has said he will stay with the tribunal for as long as it needs him.

Hisham Mousar said it was likely he would leave, creating another deadlock in the tribunal process.

The UN, which is sponsoring the trial and providing many of its jurists, said in a statement officials of the world body were concerned over You Bunleng's appointment, especially its threat to "the perceived independence" of the tribunal.

A group of civic organizations is worried You Bunleng's dual roles will he harmful to the tribunal, or that his leaving might delay it further, said Kek Galabru, founder of the rights group Licadho.

"We are worried that he could leave the ECCC, and that's going to slow everything down," she said, refering to the tribunal by its official initials.

Youk Chhang, director of the Documentation Center of Cambodia, called the appointment a "political problem" and urged You Bunleng to decide between posts.

Tribunal spokesman Reach Sambath, however, said You Bunleng should consider the additional duty "an honor."

UN Concerned At Cambodian Judge's Appointment

Friday, 17 August 2007
Press Release: United Nations

UN Concerned At Appointment Of Judge On Khmer Rouge Tribunal To National Court

The United Nations today voiced concern over the appointment to the Cambodian Court of Appeal of a judge already serving on the UN-backed tribunal trying Khmer Rouge leaders accused of mass killings and torture during the late 1970s, saying it could affect both the efficiency and perceived independence of the body.

Extraordinary Chamber in the Courts of Cambodia (ECCC) Co-Investigating Judge You Bun Leng was appointed President of the Cambodian Court of Appeal by royal decree on 9 August. The UN is seeking further clarification from the Cambodian authorities.

Under an agreement signed by the UN and Cambodia, the trial court and a Supreme Court within the Cambodian legal system will investigate those most responsible for crimes and serious violations of Cambodian and international law under Khmer Rouge rule between 17 April 1975 and 6 January 1979, when hundreds of thousands people were killed.

"The United Nations is concerned about the effect of the Decree's implementation on the efficiency of the proceedings currently before the court," the UN Assistance to the Khmer Rouge Trials (UNAKRT) said in a press statement.

"The United Nations is also concerned about the impact of the Royal Decree on the perceived independence of the ECCC," it added.

In a statement released by UNAKRT You Bun Leng said that as long as the ECCC considered his presence essential it was his duty to continue, ensuring there was no interruption or delay in the process, until such time as an appropriate and smooth transition can be made.

"I have already begun consultation with my staff and my international counterpart to reach a mutually acceptable and constructive solution that does not disrupt our work," he said, noting that while the ECCC Law stipulated that the Co-Investigating Judges shall be appointed for the duration of the investigation, it also provided for the appointment of reserve Co-Investigating Judges.

The EC weeks ago, accusing Kaing Guek Eav, also known as Duch, of crimes against humanity over his role as chief at the S21 prison in the capital, Phnom Penh.

Cambodian Tribunal Investigator Handed Appeals Court Job

Reaksmey Heng, VOA Khmer
Phnom Penh
16 August 2007

The Cambodian investigating judge for the Khmer Rouge tribunal has been appointed to the top position in the Appeals Court, creating a potential snag in the proceedings to try former leaders of the regime.

Skeptics say You Bunleng will not be able to fulfill roles in both the Appeals and special tribunal courts.

In a statement issued Thursday, You Bunleng said he was honored by his "recent promotion" and that he would continue to serve the Extraordinary Chambers in the Courts of Cambodia, the official name of the tribunal.

"As long as the ECCC considers my presence to be essential, it is my duty to continue," You Bunleng said.

The Appeals Court position opened earlier this week when its former head, Ly Vuochleng, was ousted following allegations of corruption. She herself is being investigated by authorities for allegedly taking bribes to release two men convicted by lower courts of sex trafficking.

The Appeals Court chief occupies a prestigious position with more job security.

You Bunleng said he would use the posting to continue improving Cambodia's judicial system.

"The Appeals Court, which is one of the highest courts in Cambodia, is charged with the important duty of ensuring uniformity in interpreting and enforcing [Cambodian] laws," he said in his statement. "My experience, particularly from the ECCC, will enable me to help reform and strengthen the judicial process and the enforcement of the rule of law in Cambodia, which is a long-term national priority."