Tuesday, March 20, 2012

Judge Resigns Citing Interference

Judge Laurent Kasper-Ansermet in Phnom Penh, Oct. 21, 2011. (AFP PHOTO / ECCC)

The second judge in six months quits a Khmer Rouge war crime tribunal in Cambodia.

2012-03-19
Radio Free Asia

The international co-investigating judge overseeing a U.N.-backed war tribunal in Cambodia resigned Monday, citing interference from his domestic counterpart and dealing yet another blow to the scandal-rocked court.

Swiss judge Laurent Kasper-Ansermet is the second judge to resign from the tribunal, which was established in 2003 to seek justice for the deaths of up to two million Cambodians during the brutal rule of the Khmer Rouge from 1975-1979.

German judge Siegfried Blunk left the court, officially known as the Extraordinary Chambers in the Courts of Cambodia (ECCC), in October, blaming government interference.

Kasper-Ansermet was appointed to replace him by the U.N. General Secretary, but the decision was vetoed by Cambodia’s highest judiciary body, the Supreme Council of Magistracy, citing his use of Twitter to draw attention to the debate on whether the tribunal should try two former Khmer Rouge military commanders.


“In view of the victims’ right to have investigations conducted in a proper manner and despite his determination to do so, Judge Laurent Kasper-Ansermet considers that the present circumstances no longer allow him to properly and freely perform his duties,” the ECCC said in a statement Monday.

Kasper-Ansermet said that his authority to investigate possible third and fourth cases at the tribunal had been systematically blocked by his counterpart Judge You Bunleng.

The court has completed one case against a former prison chief and a second is currently underway trying three of the Khmer Rouge’s highest-level surviving officials.

Judge’s right

Tribunal spokesperson Neth Pheaktra told RFA that Kasper-Ansermet’s reason for resigning was unclear.

“His letter of resignation is the judge’s right,” Neth Pheaktra said.

“According to the agreement between the Cambodian government and the U.N., if there are any posts available, the U.N. General Secretary will appoint a new judge to replace him,” he said.

The spokesperson said that whenever the U.N. seeks to put forward a new candidate, the Supreme Council of Magistracy, Cambodia’s highest judicial body, will review the appointment and make a decision.

When asked why Kasper-Ansermet had suggested that he was unable to do his job without interference, Neth Pheaktra said he would refer to Co-Investigating Judge You Bunleng, without elaborating.

According to the ECCC statement, Kasper-Ansermet’s authority to investigate cases 003 and 004 has been “constantly contested by the National Co-Investigating Judge, You Bunleng,” despite an opinion issued by Pre-Trial Chamber Judges confirming that he should replace Blunk and has the power to act accordingly.

In January, the U.N. ruled that Kasper-Ansermet could proceed with his mandate to investigate cases at the tribunal, despite a decision by Cambodia’s Supreme Council of Magistracy to veto him, saying the judicial body’s approval was “not necessary.”

But the Cambodian government defended the decision, saying U.N. officials did not fully understand Cambodia’s rights according to the agreement under which the ECCC was formed and that the authority to appoint the judge ultimately lies with the country’s Supreme Council of Magistracy.

The council is headed by Cambodian King Norodom Sihamoni and determines all judicial appointments, transfers, promotions, suspensions, or disciplinary actions.

Since Judge Blunk left the court in October, Kasper-Ansermet had issued a number of decisions, recently notified the suspects in cases 003 and 004 of their rights, and plans to conduct interviews with civil parties the week beginning March 19.

But the ECCC said that Judge You Bunleng’s active opposition to investigations into cases 003 and 004 had led to a “dysfunctional situation within the ECCC,” that made it impossible for Kasper-Ansermet to proceed.

The judge’s resignation will take effect on May 4, 2012.

Mired in allegations

Despite spending nearly U.S. $150 million since it was formed in 2003, the ECCC has handed down only one sentence and has been mired in allegations of corruption and interference.

Former Khmer Rouge prison chief Kaing Guek Eav, also known as Duch, was jailed in 2010 for 30 years for overseeing the deaths of thousands of people.

A second trial involving the Khmer Rouge's four most-senior surviving leaders is under way. Many do not expect the third and fourth cases to proceed.

Cambodian Prime Minister Hun Sen, himself a former Khmer Rouge cadre, and other Cambodian officials have often expressed opposition to any further prosecutions in the Tribunal beyond the second trial.

Reported by RFA’s Khmer service. Translated by Naline Pea. Written in English by Joshua Lipes.

9 comments:

Anonymous said...

អង្គការលើដែលជាក្រុមឃាតករជីវិតខ្មែរប្រមាណបី
លាននាក់បានបន្សល់ទុកនៅផ្លែផ្កាគឺរាជនិងរដ្ឋ​អំណាចខ្មែរសព្វថ្ងៃនេះ។

អាស្រ៍យហេតុដូច្នេះហើយទើបបានជាសាលាក្តី
ខ្មែរក្រហមត្រូវបានពួកវារំខានយកជើងរាទឹក
គ្រប់ពេលដើម្បីលាក់ការពិតលាក់ឈ្មោះ លាក់មុខមាត់ក្រុមពួកវាដែលជាឃាដករ ប្រឆាំងមនុស្សជាតិ។

ដើម្បីសង្រ្គោះជាតិខ្មែរឲ្យរុងរឿងមានយុត្តិធម៌ បានសុខសន្តិភាពពិតប្រាកដ គឺត្រូវតែមានអគ្គមគ្គុទេសខ្មែរថ្មី ដែលដុះចេញអំពីខ្មែររងគ្រោះគឺផ្ទុយអំពី រាជនិងរដ្ឋអំណាចសព្វថ្ងៃដែលដុះចេញអំពី អង្គការលើខ្មែរក្រហម។

ប៉ារីស៍ព្រឹកថ្ងៃទី២០មិនា២០១២
អក្សរភាសាខ្មែរ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​



Anonymous said...





L'organisation Khmer Rouge ( Angkar-leu អង្គការលើ​) a baptisé
(Duch) à la place du nom réel (Kaing Gueak Eav ) le chief prison de Tuol Sleng. Le nom (Duch) n'etait pas le nom révolutionnaire comme on le croit mais plutôt pour cacher la vérité.

L'Organisation Khmer Rouge (Angkar-leu អង្គការលើ​)​​ a amplifié et publié le faux nom (Duch) comme le bouc émissaire pour blanchir leur crime contre de l'humanité.

Le faux nom (Duch) est copié , répété Non-Stop par le média
en particulier le cinéma documentaire de continuer à tromper
le public et en même temps pour attaquer, déshonorer les noms célèbres tels que ( Duch Sidem; Duch Kimhak; Duch Som) et le maître de la musique traditionnelle khmère
(Sok Duch) de Takeo province etc...

Paris V. Le 20/3/2012.​​​​

Anonymous said...

អង្គការលើដែលជាក្រុមឃាតករជីវិតខ្មែរប្រមាណបី
លាននាក់ បានប្រឌិតឈ្មោះ(ឌុច)ឲ្យហៅជំនួស
ឈ្មោះពិត(កាំងគ្ហេចអៀវ)ដែលជាប្រធានគុកទួលស្លែង។

អង្គការលើដែលជាក្រុមឃាតករជីវិតខ្មែរប្រមាណបី
លាននាក់ បានផ្សព្វផ្សាយឈ្មោះក្លែងក្លាយ(ឌុច)
ដើម្បីលាក់ការពិតនិងលាក់បាំងឈ្មោះពួកវាដែល
ជាឧក្រិដ្ឋជនប្រឆាំងមនុស្សជាតិ។

ឈ្មោះប្រឌិត(ឌុច)ក្លែងក្លាយនេះត្រូវបានអ្នកកា
សែតជាតិអន្តរជាតិព្រមទាំងអ្នកថតកុនឯកសារ
បន្តបំប៉ោងសម្លេងដើម្បីបំភាន់មតិសកលលោក
ព្រមទាំងវាយប្រហារកិត្តិនាមកិត្តិយសជនណា
ដែលមាននាមត្រកូល(ឌុច) ជាឧទាហរណ៏ៈ
(ឌុចស៊ីឌឹម ឌុចគីមហាក់ សុកឌុច)និង​​(ឌុចសម)ជីតាអ្នកនាង(សេងធារី)។ល។

ប៉ារីស៍ព្រឹកទី១៤មិនា២០១២​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​ ​អក្សរភាសាខ្មែរ​

Anonymous said...

The Khmer Rouge Organization (Angkar-leu អង្គការលើ) baptized (Duch) instead of real names (Kaing Guek Eav) is not the revolutionary name as is commonly believed but rather to hide the truth.

​The Khmer Rouge Organization (Angkar-leu អង្គការលើ) amplified, and broadcast advertising, the false name (Duch) as the scapegoat to launder their crime against humanity.

The false name (Duch) is copied and repeated Non-Stop by the global media to continue deceive the world and also to attack and dishonor real name famous (Duch) such that (Duch Sidim; Duch Kimhak; Sok Duch) and (Duch Som) grandfather's Ms.Theary Seng etc.

Paris V.March 19,2012​​​​​​​

5:38 AM

Anonymous said...

Must bring Hor Nam Hong, Hun Sen to trial too. That will make the trial run smooth.

Anonymous said...

Funny. After Hun Sen finished milking the donors, under the conditions of accepting UN terms, AH CKhae Hun Sen called Ah traitor Youn Bunleng to disrupt the justice system once again.

When will UN learn, you cant deal with this uneducated Vietminh. Give him a bullet to his head then talk.

Anonymous said...

People want to throw shit to Ah You Bun Leng's head.

Ah Ting Moung Yuon's slave is Ah You Bun Leng.

It is time to hang Ah Kwack, Ah Kbot Cheat. Ah Kwack does whatever Ah Kantorb told him to.

Anonymous said...

Vietnam's bad intention toward Cambodia will be unmasked by the international communities.

We need to take this Cambodia’s land thief, Vietnam, to the international court of justice; otherwise Vietnam will keep creating turmoil in Cambodia.

After 1989, did Vietnam truly withdraw all of its troops back to Vietnam?

Did Vietnam comply with the 1991 Paris peace accord?

Millions of illegal and legal Vietnamese have been residing inside Cambodia after Vietnam’s invasion in January 1979, causing extreme concerns amongst Khmer people about the prospect that Cambodia would be the second Kampuchea Krom (the current southern part of Vietnam).

How much Khmer natural resource has Vietnam destroyed after its invasion in January 1979?

The killings during the Pol Pot's era were committed by the Khmer rouge, the Khmer Vietminh, etc. One tactical strategy that Vietnam has used effectively during the Khmer Rouge regime was to create “suspicion” between Khmers. So, the killings were exacerbated dramatically because of that suspicion generated by Vietnam.

Notice that the Khmer Vietminh were created and brainwashed by Vietnam to make Khmers fight with Khmers, to make Khmers kill each others. Vietnam’s ulterior ultimate goal is to make Khmer people vanish from this world like Vietnam did to Champa. No wonder, they have always seen Khmers fight with Khmers.

How about the K5 project, which killed hundreds of thousands of Khmer people in the 80's? This K5 scheme was totally orchestrated by Vietnam to make Khmer people disappear so that Vietnam could easily absorb Cambodia.

Vietnam must pay for this enormous K5 project crime. We need to take Vietnam to the international court about this K5 issue regarding Vietnam’s catastrophic action in Cambodia. Vietnam’s current dominance in Cambodia also contributes to the present majority Khmer people’s misery.

Vietnam has done horrible things to Khmer people, but we have never done anything to make Vietnam pay for it. That is why Vietnam kept doing bad things to Cambodian people and currently implementing its colonization on Cambodia.

Finally, the UN must have some clues why the puppet government in Phnom Penh has been so apprehensive about the cases 003, 004, etc…The Hun Sen’s government and Vietnam have played a major role in the killings during the Pol Pot’s era.
If they are clean, why they are so afraid of the cases 003, 004,..?

Anonymous said...

10:21 AM,

We totally agree with you. Thank you for your effort to write to let Khmer/Cambodian bloggers and other foreign readers or viewers know about what have been going on in Cambodia.

Please Khmer people, let's spread the messages to the UN, International Communities, European Unions and USA to let them know about ill-intentions to swallow Cambodia and bloody crimes against Cambodian people for over three decades as well as the Vietnamese deceptions and dirty games have not been stopped.

Khmer Yeurng