defense lawyer

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The Mirror, Vol. 13, No. 596

“As Khmer judges of the Khmer Rouge Tribunal threaten, in January 2009, to sue co-defense lawyers of Nuon Chea, the former head of the People’s Assembly of the Democratic Kampuchea regime [the Khmer Rouge], they are destroying justice at the mixed court.

“In a statement released on 9 January 2009, the 15 Khmer judges of the Extraordinary Chambers in the Courts of Cambodia threatened to sue three foreign defense lawyers, defending ‘Brother Number 2,’ Nuon Chea, by taking legal action. Nuon Chea’s defense lawyers lodged a criminal complaint at the Phnom Penh Municipal Court to investigate corruption allegations at this tribunal, which had been reported for a long time. Because the allegations says that Khmer judges and other officials paid kickbacks to high-ranking Khmer officials to get employed at the Khmer Rouge Tribunal, earning thousands of dollars salaries every month.

“The complaint by Nuon Chea’s lawyers was lodged at the Phnom Penh Municipal Court, to investigate Mister Sok An, Deputy Prime Minister and Minister of the Council of Ministers, who is in charge of Khmer Rouge Tribunal affairs, Mister Sean Visoth, the director of the Office of Administration of the Khmer Rouge Tribunal, and Mister Keo Thyvuth, the former chief of the personnel section of the tribunal.

“The defense lawyers of Nuon Chea had not mentioned the names of Khmer judges in their complaint, nor in their statement for the journalists, who had gathered at the Municipal Court last week to report about the process of that complaint. However, the judges of the Khmer Rouge Tribunal seem to know by themselves that Nuon Chea’s defense lawyers’ complaint will really lead the Phnom Penh Municipal Court to investigate them, because Khmer judges may have also agreed to let high-ranking Khmer officials to cut part of their salaries as kickback in exchange for the agreement to let them work as judges in the Khmer Rouge Tribunal.

“The deputy prosecutor of the Phnom Penh Municipal Court started to summon some Khmer officials from the Khmer Rouge Tribunal for questionings about corruption, in order to find evidence and witnesses of corruption related crimes, because the Khmer Rouge Tribunal was created in an attempt to seek justice for around 1.7 million Khmer victims who died during the Black Pajamas regime, lasting 3 years, 8 months, and 20 days. But now, this tribunal committed corruption and is making international groups to loose trust in it.

“Besides the role to seek justice for victims under the Pol Pot brutal genocidal regime, it is hoped that the Khmer Rouge Tribunal will play a model role for the court system in Cambodia to perform just and independent hearings and judgments, and to eliminate corruption and impunity (a state of no punishment for the powerful and the rich who commit different crimes, but who are not brought to be prosecuted). But such hope almost dissolved when allegations about a corruption scandal at the Khmer Rouge Tribunal emerged recently in public.

“The acting director of the lawyers section of the Khmer Rouge Tribunal, Mr. Richard Rogers, said that the reaction by the Khmer judges against the complaint of Nuon Chea’s defense lawyers can be perceived as if this mixed tribunal were reluctant to deal with the allegations of corruption by kickbacks, and this can frighten witnesses of Nuon Chea’s defense lawyers.

“Mr. Richard Rogers added, ‘Now the public sees that the judges of the Extraordinary Chambers in the Courts of Cambodia, that is expected to be a neutral defender of justice, is threatening to take legal action against Nuon Chea’s defense lawyers. The judges should have thought thoroughly before making such a threat, as it seems that they are afraid that Nuon Chea’s defense lawyers’ complaint is also a complaint against themselves.’

“According to a new research by the Human Rights Center at the University of California at Berkeley, Mr. Richard Rogers said that a survey conducted in Cambodia among 1,000 young people shows that 23% of them considered the present Khmer Rouge Tribunal to be corrupt, and one third of them think that the judges of the Khmer Rouge tribunal are not just.

Note:

So We Will Never Forget – Results of a Cambodian survey on attitudes about social reconstruction and the Khmer Rouge Tribunal. – Presentation in English with translation to Khmer, Friday, 23 January 2009, auditorium, Paññasastra University, Phnom Penh, at 14:00.

“Mr. Richard Rogers went on to say that this research again supports the perception of many people that the corruption allegations at the Khmer Rouge Tribunal have to be settled with transparency, if the Khmer Rouge Tribunal is to maintain justice under the eyes of the Khmer general public. Mr. Richard Rogers added, ‘Nuon Chea’s defense lawyers must know well the extent of this corruption, if corruption really occurred, in order to decide whether that corruption affects the rights for just hearings of their defendants or not’

“The Khmer Rouge Tribunal’s co-investing judge You Bunleng said that Nuon Chea’s defense lawyers’ complaint affects the reputation of the judges and of the Khmer Rouge Tribunal as a whole. Mr. You Bunleng continued to say that Nuon Chea’s lawyers linked those judges in their statement given to the press. Nuon Chea’s lawyers should make efforts to work hard to find evidence to defend their case, otherwise they will be sued for defamation by the Khmer judges.” Moneaksekar Khmer, Vol.16, #3669, 19.1.2009

Newspapers Appearing on the Newsstand:
Monday, 19 January 2009

Cheat Khmer, Vol.1, #6, 19.1.2009

• Civil Society Organizations [Cambodian League for the Promotion and Defense of Human Rights, Cambodian Human Rights and Development Association, Cambodian Defenders Project, and Cambodian National Research Organization] and [Sam Rainsy Party] Parliamentarian Condemn the Heng Development Company for Using Armed Forces to Shoot at Citizens
• Mr. Sam Rainsy Asks the Government to Prepare a Special Budget of US$500 Million to Face the Challenge of the Economic Crisis

Deum Tnot, Vol.2, #329, 19.1.2009

• The President and Members of the Free Trade Union of Workers of the Kingdom of Cambodia Inform [the Phnom Penh municipality] about a Flower March to Honor the Soul of Mr. Chea Vichea on the Fifth Anniversary of His Death [the former president of the Free Trade Union of Workers of the Kingdom of Cambodia was murdered on 22 January 2004]

Kampuchea Thmey, Vol.8, #1850, 18-19.1.2009

• Every Year, 1,800 Cambodian Women Die During Childbirth [according to the Chargé d’Affaires of the European Commission in Cambodia, Mr. Rafael Dochao Moreno]
• During Recent Years, Cambodia Achieved Macroeconomic Stability [according Minister of Economy and Finance Keat Chhon, the average income of a Cambodian citizen per year increased from US$247 in 1994 to US$625 in 2008]
• An Australian Man Was Found Lying Dead in a [Phnom Penh] Guesthouse on the Day He Was to Leave to Sihanoukville
• A Girl Had Lied that She Escaped from the House Where She Worked for a Wage in Fact Had Escaped from Her Own House [after quarreling with her older brother; her mother came to take her back from police, and she apologized for her daughter’s lies – Phnom Penh]
• Israel Prepares to Declare a Ceasefire Unilaterally for Three Weeks in Gaza

Khmer Machas Srok, Vol.3, #329, 18-20.1.2009

• [The president of the Cambodian Action Committee for Justice & Equity] Suon Serey Ratha Asks [the Minister of Interior] Mr. Sar Kheng to Release more Information about Murder Cases [of politicians, artists, trader union leaders, journalists, and monks] and about Arrest Murderers Made, Leading to Prosecution

Khmer Sthapana, Vol.2, #186, 18-19.1.2009

• The Government Should Take Action against the Heng Development Company That Used Armed Forces to Shoot at Citizens [injuring three people in Kandal]

Koh Santepheap, Vol.42, #6555, 19.1.2009

• The [Khmer Rouge] Tribunal Recognizes only 42 of the Approximately 2,000 Civil Party Plaintiffs [no reasons given]

Moneaksekar Khmer, Vol.16, #3669, 19.1.2009

• Opinion Research Shows Result That the Khmer Rouge Tribunal Is Corrupt

Rasmei Kampuchea, Vol.17, #4798, 1819.1.2009

• The Kandal Provincial Governor Claims the Control over the [contested] Land by the Heng Development Company Is Legal [Mr. Chun Sirun said that the company has many legal documents for the land, based on the verdict number 40V, dated 2 October 2006, and on the verdict number 12V, dated 26 February 2007, released by Kandal court, and the police said that protesters hit them and broke the windows of two machineries of the company]
• The Government Issued an Order that Civil Servants Have to Retire whn Reaching the Age Limit [of 55 – an extension is not allowed]
• A Man Who Raped His [16-year-old] Daughter Almost 40 Times Is Arrested [Sihanoukville]

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