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The Tortuous Path to Justice in Cambodia
HONG KONG — To watch the court proceedings, to hear the lawyers’ objections, to sit through the delays and the quibbles and the endless parsing of words, it’s enough to make a good number of Cambodians want to simply unshackle the prisoners and set them free. Game over.
But these prisoners — they’re just three arrogant old men now — had once been the most senior leaders of the Khmer Rouge, the ruthless Communist regime that killed 1.7 million Cambodians. The court’s raison d’etre now seems to spin less and less around the horrors the men perpetrated and how much prison time they should serve; more to the point is how they are being judged by the United Nations-backed war crimes tribunal in Phnom Penh.
Mark Peters/Extraordinary Chambers in the Courts of Cambodia, via Associated PressNuon Chea, left, Ieng Sary, center, and Khieu Samphan.There has been an explosion of frustration over the tribunal in recent days, ever since another international investigating judge tendered his resignation. Laurent Kaspar-Ansermet of Switzerland said the court is now “dysfunctional,” riven with petty intrigues and a carrying a political taint that keeps it from investigating well-documented crimes of well-known Khmer Rouge alumni who are living openly and freely in Cambodia.
Mr. Kaspar-Ansemet complained, for example, that a Cambodian fellow judge, You Bunleng, had questioned his authority and had blocked his access to cars and drivers. He said he would not let him use the court’s official seal to stamp legal documents. His resignation statement is here,although he was still at work on Tuesday.
Despite tens of millions of dollars in international funding — Australia kicked in an additional $1.7 million on Monday — the tribunal has convicted only one person so far, the former prison warden known as Duch. His prison sentence was recently extended to a life term, even as he testifies in alarming detail against his three former superiors — Nuon Chea, Ieng Sary and Khieu Samphan. Video of his courtroom testimony, with good English translations, can be watched here.
Nate Thayer, a journalist and author with deep knowledge of Cambodia and the Khmer Rouge, also has a deep disdain for the tribunal, which he told me Tuesday was “an insidious, dangerous mockery of the rule of law that sets an unacceptable new model for legitimizing a 21st-century version of a Stalinist show trial.’’
The political battles continue over the anniversary of January 7
The game of the Khmer Rouge is a zero-sum game for Cambodians and their nation. 33 years have already passed; the Khmer Rouge regime will never come back again as the world is fast moving forwards.
It is a priceless lesson to learn in order to move forward and not dwell in the tragedy of the past, only to learn from it, as it was arranged to be the two crickets fighting against each other.
Click here to read the whole Lift Issue of 104 dated January 11, 2012
Seven January arrived and split
again the political parties
of Cambodia. While the Cambodian
People’s Party (CPP) wouldn’t
hesitate to call January 7 the day of
liberation from the brutal Khmer
Rouge, the opposition Sam Rainsy
Party (SRP) claimed it as the day
Vietnam invaded the Kingdom.
The CPP has never been reluctant
to emphasise the brutality of the
Khmer Rouge regime, painting the
Vietnamese troops as the life-savers
of the Cambodian people. For the
SRP, however, the arrival of the Vietnamese
troops in Cambodia marked
an invasion, as Vietnam violated
both international and domestic
law by crossing the border into the
country.
January 7 and the Khmer Rouge Tribunal
January 7 and the Khmer Rouge Tribunal
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| Ms. Theary Seng, Dec. 2011 |
January 11, 2012
By Theary Seng
Letter to The Phnom Penh Post