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Archive for March, 2012

PRESS RELEASE : BY THE INTERNATIONAL RESERVE CO-INVESTIGATING JUDGE

Posted by khmernews on March 30, 2012

28 March 2012

PRESS RELEASE : BY THE INTERNATIONAL RESERVE CO-INVESTIGATING JUDGE

The International Reserve Co-Investigating Judge, Laurent Kasper-Ansermet, disputes all of the confused allegations contained in the press release dated 26 March 2012 by the National Co-Investigating Judge, You Bunleng.

The legal reasoning of Judge You Bunleng seems completely unfounded and, in particular, contrary to the “Opinion of Pre-Trial Chamber Judges Downing and Chung”, dated 10 February 2012, which gave detailed reasoning and specified that “Judge You errs in fact and in law in his understanding of the authority of a Reserve Co-Investigating Judge” (Case File No 003/16-12-2011-ECCC/PTC, p. 21). The obstruction that he has encouraged and openly admitted to in the conduct of investigations in cases 003 and 004 amounts to professional misconduct and is a breach of the Internal Rules, the Law and the Agreement.

An equally serious matter is Judge You Bunleng publicly naming one of the investigators in charge of several ongoing investigations. It must be noted that by publicly revealing the identity of an investigator which was immediately picked up by the local media (Cambodia Daily, 27 March 2012), and thus putting the investigator’s security at risk, Judge You Bunleng has seriously violated the duties of his judicial office and will be held responsible for his role in the matter should any incident arise in that respect.

The aforementioned security risk is all the more serious given the recent statement by Lieutenant General Mao Chandra to the press (The Phnom Penh Post, 28 March 2012) in which he states that « Our forces closely cooperate with the UN side on security issues, but we cannot send forces out into the field with UN- appointed investigators unless there is an agreement within the co-investigating judges », an agreement which he is fully aware cannot be reached at present.

Judge Laurent Kasper-Ansermet has grave concerns about the lack of security which has come to light and must seriously question whether, in the current circumstances, Article 24 of the “Agreement between the United Nations and the Royal Government of Cambodia”, which states that “[th]e Royal Government of Cambodia shall take all effective and adequate actions which may be required to ensure the security, safety and protection of persons referred to in the present agreement. …” is being complied with.

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PRESS RELEASE : AUSTRALIA ANNOUNCES NEW PLEDGE OF AUD 1.61 MILLION

Posted by khmernews on March 30, 2012

27 March 2012

 PRESS RELEASE : AUSTRALIA ANNOUNCES NEW PLEDGE OF AUD 1.61 MILLION

 The Australian Government has announced a new pledge of AUD 1.61 million (approximately US$ 1.73 million) the Extraordinary Chambers in the Courts of Cambodia (ECCC). AUD 1 million will be given to the international component and AUD 0.61 million will be given to the national component of the ECCC. The new donation was announced by the Australian Minister for Foreign Affairs, Senator the Hon Bob Carr, who visited the ECCC on 26 March 2012.

“The ECCC would like to thank the Australian government for their generous and continued support of the Court and its work to investigate and prosecute Khmer Rouge-era crimes. The Australian donation is a significant contribution, which will allow the ECCC to carry forward with the fulfillment of its mandate in seeking justice for the Cambodian people,” said Acting Director of the Office of Administration, H.E. Tony Kranh and Deputy Director Mr. Knut Rosandhaug in a statement.

Australia is a key donor to the ECCC, and it has supported the Court since its inception. With the latest donation, Australia has provided a total of AUD 18.3 million in financial support for the ECCC to strengthen the International Justice, National reconciliation and Legacy in Cambodia .

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Press Statement by National Co-Investigating Judge

Posted by khmernews on March 30, 2012

Monday, 26 March 2012

 Press Statement by National Co-Investigating Judge

(unofficial translation)

On 19 March 2012, the International Reserve Co-Investigating Judge released a Press Statement and made a number of documents public which require an explanation by the National Co-Investigating Judge for the part relating to his Office to avoid any public misunderstanding.

 1. Lack of Acknowledgment and Support for Judge Laurent Kasper-Ansermet’s Standing as the International Co-Investigating Judge

Before his arrival in Phnom Penh, the International Reserve Judge, on 17 November 2011, sent the National Co-Investigating Judge an email requesting a meeting at the ECCC to discuss procedural measures in relation to Cases 003 and 004, and stating that the Cambodian government opposed his coming to Cambodia.[1] The National Co-Investigating Judge is convinced that this remark had no basis, since only a few days after that he arrived unimpeded at the ECCC. Shortly after his arrival, on 2 December 2011, the International Reserve Judge sent the National Co-Investigating Judge a draft Order on Resuming the Judicial Invesitgation for Case File 003[2] though a single meeting had yet to be convened. On 5 December 2011 the National Co-Investigating Judge met with judge Laurent Kasper-Ansermet and informed him, “I cannot discuss any case file-related issue or undertake any procedural measure with you [International Reserve Judge] while the International Co-Investigating Judge’s seat is still vacant because it is mandatory, in accordance with the principles stipulated in the Internal Rules, Article 26 and 27 of the Law on the Establishment of the ECCC and Article 3 and Article 5.6 of the Agreement, that an International Reserve Co-Investigating Judge be first officially appointed as a full rights judge, as previously applied when Judge Siegfried BLUNK’s replaced Judge Marcel LEMONDE. Therefore, you must first wait for an official appointment as a fully-accredited judge. Besides, such hasty actions will not provide Case 003 and 004, and the Office of Co-Investigating Judges with any common interest, and hence you [International Reserve Judge] should rather take this time to peruse the substance of the Case Files, for they contain a large number of fundamental documents. Furthermore, you also need to understand the procedures implemented at the ECCC because in this instance, you have mistakenly referred to “Ordonnance de Reprise de l’Instruction Préparatoire” [which is normally conducted by Co-Prosecutors] at the investigation stage, when “Judicial Investigation” shall be applied”. International Reserve Judge Laurent Kasper Ansermet admitted that he had not looked into the Case Files but needed to take immediate action to reopen the investigation for Case File 003 for fear that the National Co-Investigating Judge would send the Forwarding Order to the Co-Prosecutors. In reponse, the National Co-Investigating Judge explained, “the Forwarding Order was drafted months ago by the National Co-Investigating Judge and the International Co-Investigating Judge Siegfried BLUNK, but we were not able to sign it during Judge BLUNK’s time only due to the unexplained or unreasoned delay in the Pre-Trial Chamber’s decision on the Co-Prosecutors’ appeal. Now, because a fully-accredited International Co-Investigating Judge is not available for discussion on issuing the Forwarding Order, the National Co-Investigating Judge is not able to forward it to the Co-Prosecutors and would not take such a rushed action that could lead to a violation of procedural principles”. Read the rest of this entry »

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Justice Served

Posted by khmernews on March 19, 2012

DOCUMENTATION CENTER OF CAMBODIA

Magazine: Searching for the Truth, February 2012

 Justice Served

by Sin Sinet

 I have very deep affection for my grandfather, Pheach Kim, and my grandmother, Nop Seng, whom I have lived with ever since I was a young girl at Kampong Som Province. My parents were very busy with their careers as teachers in Phnom Penh, so sometimes I also lived with my Uncle Vanny and Auntie Phat.

 My grandfather was an honest man. In the village, everybody knew him as a friendly and respectable man. He worked as a mechanic at the SKD beer factory. Even at age 55, he was very strong physically. He was the breadwinner and conscientiously looked after the entire family. My affection for my grandfather developed from day to day, as he drove me every morning to Klaing Leu Primary School. After school, I would take food which my grandmother had prepared to my grandfather at his workplace. Sometimes, I would have lunch with my grandfather and some of his colleagues in the garden in front of the factory. My grandfather loved me very much. I remember that he protected me every time my aunt or uncle made me cry, telling them that my crying saddened him. In return for his protection, I would massage him when he felt tired after work. My grandmother also loved me very much. I remember hugging her every night when I slept. In my mind, they were like my parents and I called them “mother” and “father.”

 Uncle Vanny was a hardworking man. He worked and studied at the same time to earn money to support his study. He taught me how to read and how to calculate numbers. He was a high school student at that time. In his free time, he would carry me over his neck as we walked to the orchard near our house. Uncle Vanny once participated in a singing contest at his school, singing a song called “Unfortunate Military Officer,” and won some money and school supplies. He also learned Taekwondo, a Korean martial art, to develop himself physically. Read the rest of this entry »

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I wonder how Duch would feel if one of his sons or daughters were brought into Tuol Sleng?

Posted by khmernews on March 19, 2012

DOCUMENTATION CENTER OF CAMBODIA

Magazine: Searching for the Truth, February 2012

I wonder how Duch would feel if one of his sons or daughters were brought into Tuol Sleng?

By Men Lay

During the Pol Pot regime, I lived in Prek Be Village, Koh Thom Commune, Koh Thom District, Kandal Province. Like millions of other Khmer Rouge survivors in Cambodia, I lost one of my children, Min Kan, when the Khmer Rouge cadres (names unknown) took him away in 1975.

My son, Min Kan, enlisted in the Khmer Rouge Army at the age of sixteen. He left home and went to fight against Lon Nol soldiers along with his comrades-in-arms. I remained in our village to continue my work and heard no news from him. In 1975, dressed in his military uniform, he paid us a brief visit. After we had talked with each other for only a short while, the commune chief came and arrested him, saying that Angkar was accusing him of leaving his base without permission. My family could do nothing to intervene, because the local authority was very powerful at that time. Read the rest of this entry »

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