Khmer Rouge Trial – Sticky for news articles
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The Pre-Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia observes
that two recent articles published in The Cambodia Daily contain confidential information
relating to matters of which the Pre-Trial Chamber is currently seised ("the Matters").!
1. The Pre-Trial Chamber reminds all parties in Case 002 of the following:
a) A filing party may propose that a document be classified as 'Public' in accordance
with the provisions of the Practice Direction on the Classification and
Management of Case-Related Information. However, until the issuance of the
Closing Order and the determination of any appeal against the Closing Order, the
Pre-Trial Chamber shall consider whether the proposed classification IS
appropriate and, if not, determine the appropriate classification. 2
b) Subject to a different classification in accordance with a Court decision, filings to
the Pre-Trial Chamber are in principle confidential until the Chamber has decided
on the matter. 3
c) The Pre-Trial Chamber determined that the appropriate classification of the
Matters is 'Confidential.'
'Confidential' "means open only to the Judges, the Co-Prosecutors, lawyers for
the civil parties, defence counsel, authorised court staff and any other person
expressly given access by the Court.,,4 The Pre-Trial Chamber did not give The
Cambodia Daily access to any part of the Matters.
The duty of confidentiality states:
All persons having access to confidential or strictly confidential infonnation
are under a duty of confidentiality. They shall not disclose such
I Douglas Gillison, 'Ieng Sary Lawyers Push for Tribunal Inquest on Government,' The Cambodia Daily, 23
June 2010, Volume 45, Issue 86, p. 20; Douglas Gillison, 'Nuon Chea team accuses You Bunleng of political
bias,' The Cambodia Daily, 28 June 2010, Volume 45, Issue 90, p. 30.
2 Practice Direction on Filing of Documents Before the ECCC, ECCCI01l2007IRev. 4, Article 3.l2
<http://www.eccc.gov.khlenglish! cabinet! courtDoc/3 60/PD] ilinL Revision 4_ final_En. pdf>.
3 Practice Direction on Classification and Management of Case-Related Information, ECCCI00412009, Article
5 .l.h <http://www.eccc.gov.khlenglish! cabinet! courtDoc/3 61IPD Classification_Body _ EN. pdf>.
4 Practice Direction on Classification and Management of Case-Related Information, Article 2.d.ii.
Warningfor Unauthorised Disclosure of Confidential Information 3/4
00548885
002119-09-2007-ECCC/OCIJ (PTC)
information to any person, except in accordance with this Practice
Direction. Further, they shall not act in a manner which would lead to
unauthorised disc1soure of any confidential or strictly confidential
information.5
A violation of this duty shall result in a sanction in accordance with the Internal
Rules.6
f) Pursuant to Internal Rule 56(1), "All persons participating In the judicial
investigation shall maintain confidentiality."
THE PRE-TRIAL CHAMBER THEREFORE ISSUES THE FOLLOWING
WARNING:
1. In accordance with Internal Rule 35(1), the Pre-Trial Chamber may sanction or refer to
the appropriate authorities any person it has found to have knowingly and wilfully
interfered with the administration of justice, including any person who discloses
confidential information not in accordance with the Practice Direction on the
Classification and Management of Case-Related Information, or who is otherwise In
breach of Internal Rule 56(1) insofar as a matter relates to ajudicial investigation.
2. In accordance with Internal Rule 38(1 )-(2), the Pre-Trial Chamber may, after a warning,
impose sanctions against or refuse audience to a lawyer if, in their opinion, his or her
conduct is considered offensive or abusive, obstructs the proceedings, amounts to abuse
of process, or is otherwise contrary to Article 21(3) of the Agreement. The Pre-Trial
Chamber may also refer such misconduct to the appropriate professional body.
I note the latest from the Pre Trial Chamber (above)from the ECCC website...yet it is interesting to note that the French Co Investigating Judge (Lemonde) allowed a French film crew access to the Casefile database, (a confidential database), gave them copies of documents from within the OCIJ that revealed confidential witness names and other related information and also allowed them to film and record a potential "insider' witnesses without the witnesses knowledge or consent , all of which was supposed to be "confidential" ...maybe the PTC should take a harder look at their own internal mechanisms. They have done nothing re this. If a person released such confidential information in what we know as a western society, whether it be a judge or investigator, they would be hung drawn and quartered, subjected to an Independent inquiry and if found guilty most probably end up in jail.
that two recent articles published in The Cambodia Daily contain confidential information
relating to matters of which the Pre-Trial Chamber is currently seised ("the Matters").!
1. The Pre-Trial Chamber reminds all parties in Case 002 of the following:
a) A filing party may propose that a document be classified as 'Public' in accordance
with the provisions of the Practice Direction on the Classification and
Management of Case-Related Information. However, until the issuance of the
Closing Order and the determination of any appeal against the Closing Order, the
Pre-Trial Chamber shall consider whether the proposed classification IS
appropriate and, if not, determine the appropriate classification. 2
b) Subject to a different classification in accordance with a Court decision, filings to
the Pre-Trial Chamber are in principle confidential until the Chamber has decided
on the matter. 3
c) The Pre-Trial Chamber determined that the appropriate classification of the
Matters is 'Confidential.'
'Confidential' "means open only to the Judges, the Co-Prosecutors, lawyers for
the civil parties, defence counsel, authorised court staff and any other person
expressly given access by the Court.,,4 The Pre-Trial Chamber did not give The
Cambodia Daily access to any part of the Matters.
The duty of confidentiality states:
All persons having access to confidential or strictly confidential infonnation
are under a duty of confidentiality. They shall not disclose such
I Douglas Gillison, 'Ieng Sary Lawyers Push for Tribunal Inquest on Government,' The Cambodia Daily, 23
June 2010, Volume 45, Issue 86, p. 20; Douglas Gillison, 'Nuon Chea team accuses You Bunleng of political
bias,' The Cambodia Daily, 28 June 2010, Volume 45, Issue 90, p. 30.
2 Practice Direction on Filing of Documents Before the ECCC, ECCCI01l2007IRev. 4, Article 3.l2
<http://www.eccc.gov.khlenglish! cabinet! courtDoc/3 60/PD] ilinL Revision 4_ final_En. pdf>.
3 Practice Direction on Classification and Management of Case-Related Information, ECCCI00412009, Article
5 .l.h <http://www.eccc.gov.khlenglish! cabinet! courtDoc/3 61IPD Classification_Body _ EN. pdf>.
4 Practice Direction on Classification and Management of Case-Related Information, Article 2.d.ii.
Warningfor Unauthorised Disclosure of Confidential Information 3/4
00548885
002119-09-2007-ECCC/OCIJ (PTC)
information to any person, except in accordance with this Practice
Direction. Further, they shall not act in a manner which would lead to
unauthorised disc1soure of any confidential or strictly confidential
information.5
A violation of this duty shall result in a sanction in accordance with the Internal
Rules.6
f) Pursuant to Internal Rule 56(1), "All persons participating In the judicial
investigation shall maintain confidentiality."
THE PRE-TRIAL CHAMBER THEREFORE ISSUES THE FOLLOWING
WARNING:
1. In accordance with Internal Rule 35(1), the Pre-Trial Chamber may sanction or refer to
the appropriate authorities any person it has found to have knowingly and wilfully
interfered with the administration of justice, including any person who discloses
confidential information not in accordance with the Practice Direction on the
Classification and Management of Case-Related Information, or who is otherwise In
breach of Internal Rule 56(1) insofar as a matter relates to ajudicial investigation.
2. In accordance with Internal Rule 38(1 )-(2), the Pre-Trial Chamber may, after a warning,
impose sanctions against or refuse audience to a lawyer if, in their opinion, his or her
conduct is considered offensive or abusive, obstructs the proceedings, amounts to abuse
of process, or is otherwise contrary to Article 21(3) of the Agreement. The Pre-Trial
Chamber may also refer such misconduct to the appropriate professional body.
I note the latest from the Pre Trial Chamber (above)from the ECCC website...yet it is interesting to note that the French Co Investigating Judge (Lemonde) allowed a French film crew access to the Casefile database, (a confidential database), gave them copies of documents from within the OCIJ that revealed confidential witness names and other related information and also allowed them to film and record a potential "insider' witnesses without the witnesses knowledge or consent , all of which was supposed to be "confidential" ...maybe the PTC should take a harder look at their own internal mechanisms. They have done nothing re this. If a person released such confidential information in what we know as a western society, whether it be a judge or investigator, they would be hung drawn and quartered, subjected to an Independent inquiry and if found guilty most probably end up in jail.
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LINKY
Hamill to see Khmer Rouge henchman sentenced
New Zealand rower Rob Hamill is going to Cambodia to be in court for the sentencing of the Khmer Rouge henchman who headed the prison where his brother Kerry was tortured and killed.
Kerry Hamill ended up at the S-21 or Tuol Sleng prison headed by Kaing Guek Eav, better known as Duch, when the yacht he and friends were sailing strayed into Cambodian waters on August 13 1978.
One crewman, Canadian Stuart Glass, was shot while Mr Hamill and Briton John Dewhirst were taken for interrogation and torture for two months before being killed.
Mr Hamill testified at the Extraordinary Chamber of the Courts of Cambodia (ECCC) on July 26 last year - the 31st anniversary of his brother's abduction. The ECCC is a joint Cambodia-United Nations court and former New Zealand Governor-General Dame Silvia Cartwright is one of the judges.
"Nearly two million Cambodians were killed during the Khmer Rouge regime between 1975 and 1979," Mr Hamill said in a statement.
"I only hope that this verdict brings some sense of justice to those who have suffered so much and waited so long."
A documentary is being made about Mr Hamill's experience.
Led by Pol Pot, who died in 1998, the Khmer Rouge sought to set up a communist utopia. Up to two million people died from starvation, overwork, torture or execution during the 1975-1979 regime.
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I don't know if it would be as acceptable in The Hague for guys involved in the trial to be out on the piss with the likes of me at questionable bars.CharlesTubborce wrote:Why aren't these trials held in The Hague or somewhere else that's neutral to stop the political interference?
Holding them in Cambodia is just asking for a fuck up.
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http://www.bbc.co.uk/news/world-asia-pacific-11082502By Guy De Launey BBC News, Phnom Penh
Kaing Guek Eav hears his sentence 26.7.10 Duch oversaw the deaths of thousands of men, women and children at Tuol Sleng prison
A former Khmer Rouge prison chief found guilty of crimes against humanity has started formal appeal proceedings.
Last month, judges at a UN-backed tribunal in Cambodia sentenced Kaing Guek Eav to 35 years for his role in the torture and murder of thousands of people.
But the man best known as Comrade Duch has argued that he should not be held responsible.
Prosecutors have also launched their own appeal.
They said earlier this month that the sentence passed was too lenient as, with time already served, Duch would be free in at most 19 years.
That is hard for many survivors of the Khmer Rouge era to swallow.
Duch's appeal may add to their unease.
He admitted overseeing the systematic torture and murder of thousands of people at the S-21 detention centre and even apologised to the victims' relatives in court.
But the former prison chief now says he should not have been on trial at all.
The tribunal was set up to prosecute the surviving senior leaders of the Khmer Rouge and those most responsible for the worst atrocities.
Duch claims he falls into neither category.
The appeals may be heard as early as the end of November.
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Linkage
$11.7 million more for Khmer trials
PHNOM PENH (Kyodo) Tokyo announced Friday it will provide a further $11.7 million to the U.N-assisted tribunal trying former Khmer Rouge leaders for atrocities.
The Japanese Embassy here said $8.8 million is for the international component and $2.9 million is for the national component of the Extraordinary Chambers in the Courts of Cambodia, as the tribunal is formally known. "This contribution will cover 25 percent of the ECCC's operational cost throughout the year 2011," it said.
The ECCC, which has spent more than $80 million since being set up in 2005, although it has so far convicted only one Khmer Rouge figure, has a budget of $87.1 million for 2010-2011.
Japan is its single largest donor, accounting for nearly half of the total pledges and contributions made to date.
The embassy said this year is critical for the ECCC's judicial proceedings with the hearings of appeal of the case of former chief jailer Kaing Guek Ieu, alias Duch, to commence at the Supreme Court Chamber and trials of five other Khmer Rouge leaders to start at the Trial Chamber.
The embassy said the trials are intended to deliver justice for the victims and ensure atrocities never occur again.
Khmer Rouge trials face collapse as judge quits
Lindsay Murdoch
October 12, 2011 - 12:00AM
PROSECUTIONS against five high-ranking Khmer Rouge cadres responsible for the murderous organisation's rule of Cambodia in the 1970s are set to be dropped as United Nations trials in Phnom Penh collapse amid farce and acrimony.
The prosecutions include those of killing fields commanders Sou Met and Meas Muth, who have been accused of crimes against humanity and war crimes. German co-investigating judge Siegfried Blunk quit the trials on Monday, citing interference by Cambodian Prime Minister Hun Sen and other government officials.
Mr Hun Sen, a former Khmer Rouge cadre, has said further trials are ''not allowed'' and Information Minister Khieu Kanharith said in May that if investigating judges wanted to pursue new cases ''they should pack their bags and leave''.
The trials, officially called the Extraordinary Chambers in the Courts of Cambodia and costing more than $US1 billion since being established in 2006, are in chaos over bitter internal disagreements and resignations of key staff, including the investigating judges' entire UN legal team.
The Khmer Rouge was responsible for the deaths of an estimated 1.7 million people when it ruled impoverished Cambodia from 1975 to 1979.
The only conviction that has been handed down in the court on the outskirts of Phnom Penh in five years is that of Kaing Guek Eav, a former prison chief known as Duch, who was last year sentenced to 19 years' jail for overseeing the deaths of 15,000 people.
The courts that were supposed to bring justice to the Cambodian people after some of the worst atrocities committed last century will now see only four other Khmer Rouge cadres face trial for crimes against humanity.
They are Khieu Samphan, the former Khmer Rouge head of state, Nuon Chea, the organisation's chief ideologist, Ieng Sary, the former foreign minister, and his wife Ieng Thirith, who was minister for social affairs.
Their trials could drag on for years, prompting speculation the accused, all in their 70s and 80s, may not be alive to hear the verdicts.
The UN-funded court has tried to keep secret the identities of Sou Met, the Khmer Rouge's former air force commander, and Meas Muth, the navy commander, referring in public only to case file 003.
After an international co-prosecutor declared in 2009 there was sufficient evidence to submit the cases to trial, Cambodian judges and prosecutors opposed the cases proceeding, claiming the suspects did not met the definition of ''most responsible'' under court rules.
Judges offered no explanation when in April they announced case file 003 was closed.
Days later Andrew Cayley, another international co-prosecutor, tried to reopen the cases but the judges refused.
The court is also set to drop prosecutions against three other high-level cadres in a case file known as 004, including a high-level Khmer Rouge official called Aom An, alias Tho An, who has been accused of crimes against humanity and genocide.
The resignation of Judge Blunk, who also worked as a judge in East Timor, has intensified pressure on the UN to exert its authority at the trials.
Mr Hun Sen, who has ruled Cambodia for more than 20 years, is believed to have had a tense meeting with UN Secretary-General Ban Ki-moon last October during which he reportedly insisted that no further cases would be allowed.
But Human Rights Watch said in a report last week that Mr Hun Sen had no legal right to make such a decision.
Human Rights Watch has been particularly critical of the proceedings and last week called on Judge Blunk, as well as his Cambodian counterpart, to resign after what the group called a failure to ''conduct genuine, impartial and effective investigations''.
''The investigating judges concluded their investigation into Case 003 without notifying the suspects, interviewing key witnesses or conducting crime scene investigations,'' said Brad Adams, the Asia executive director at Human Rights Watch.
Information Minister Khieu Kanharith denied the government was influencing the court.
This story was found at: http://www.theage.com.au/world/khmer-ro ... 1lj1k.html
http://the-diplomat.com/asean-beat/2011 ... stability/
My latest on the supposed recommencement of proceedings next month.
My latest on the supposed recommencement of proceedings next month.
It’s an inevitable debate in countries scarred by the horrors of war, ethnic conflict or genocide. Incoming governments tasked with leading their country out of the dark must ask themselves what their priority should be in the quest for reconciliation: Leading the country forward and turning the page on history, or prosecuting those responsible to the fullest extent of the law? And so it is in Cambodia, as the trial of four former Khmer Rouge members is set to recommence in late November after being hit by numerous delays and postponements.
Cantankerous Curmudgeon
This was posted today on the website of Hollands biggest paper:
(Translated by Google)
http://www.telegraaf.nl/binnenland/1082 ... buitenland
(Translated by Google)
http://www.telegraaf.nl/binnenland/1082 ... buitenland
PHNOM PENH / BANGKOK - The Dutch lawyer Michiel Pestman recently filed against Hun Sen among others, the Prime Minister of Cambodia. According to Hun Sen's lawyer has interfered with the criminal case against the alleged right of Khmer Rouge leader Pol Pot, Nuon Chea, the Red Khmertibunaal. Thus, the prime witnesses have influenced and put pressure on the judiciary. This is stated in the declaration, which Pestman Böhler law firm's website has posted.
Pestman is with Andrew Ianuzzi several years at Nuon Chea. The reign of the Khmer Rouge in the second half of the '70s in Cambodia is estimated at 1.7 million people dead. Some scholars even speak of three million deaths.
The Khmer Rouge, also known as Khmer Rouge, led in the 60s and 70s as a military arm of the Communist Party, a guerrilla war against the former regime. The rebels fought from a strongly nationalist, a communist utopian vision and a deep hatred of mostly Vietnamese and Vietnamese influences.
None but ourselves can free our mind.
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The Khmer Rouge, also known as Khmer Rouge....
Well I never, and there I thought they were the salvation army....
Well I never, and there I thought they were the salvation army....
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It should read, the Khmer Rouge, also known as the CPK, NADK, FUNK, PFLANK, and mainly as a shower of total cunts.preybong wrote:The Khmer Rouge, also known as Khmer Rouge....
Well I never, and there I thought they were the salvation army....
Romantic Cambodia is dead and gone. It's with McKinley in the grave.
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I'm afraid it's a bit late to ask that particular poster any questions.barforsalecambodia wrote:Because millions of dollars could not be siphoned away, while control of the proceedings is maintained, if it was held in the Hague. What would be the point??CharlesTubborce wrote:Why aren't these trials held in The Hague or somewhere else that's neutral to stop the political interference?
Holding them in Cambodia is just asking for a fuck up.
Romantic Cambodia is dead and gone. It's with McKinley in the grave.
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