Left: Kerry Hamill before he was killed by the Khmer Rouge and (bottom) Rob Hamill.
Last updated 17/05/2011
Waikato Times
Former Olympic and trans-Atlantic rower Rob Hamill has suffered a setback in his court battle over the murder of his brother more than 30 years ago.
Kerry Hamill was abducted by the Khmer Rouge in 1978 when his yacht strayed into Cambodian waters, and taken prisoner at Toul Sleng prison in Phnom Penh, where he was tortured and killed.
Rob Hamill is a civil party to a case against five people thought to be under investigation by the Extraordinary Chambers in the Courts of Cambodia for his killing, and other war crimes. Though the names of those being investigated have not been made public, Hamill believes two of them are military commanders Meas Muth and Sou Met, whom he has accused of crimes against humanity.
His claims against the pair include allegations of forced transfer, imprisonment (including severe deprivation of physical liberty), enslavement, torture, murder, and other inhumane acts. But in a statement released yesterday, Hamill said his applications to the court had been rejected by Judges Siegfried Blunk and You Bunleng
"The Co-Investigating Judges have, in essence, determined that I am not a `victim', contrary to the recognition and acknowledgment of my personal, direct and psychological harm ... respectively admitted my civil party claims," he said. "I am very disappointed in the reasons given for the rejection of my civil party claims."
Hamill is an applicant in four individual cases before the courts, and he was confused as to why the judges had ruled in his favour in two of them, but rejected his claims in two others, which he claimed were effectively identical. He said the court's rejection of his arguments appeared to be "politically motivated".
Speaking to the Waikato Times today, Hamill said possible legal issues on his future return to Cambodia meant he could not reveal the decision in full. He said he plans to appeal the rulings.
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Hamill's press release
PRESS RELEASE - HAMILTON, NEW ZEALAND, 16 MAY 2011:
On 12 May 2011, I received a letter rejecting my civil party claims in cases 003/004.
I am very disappointed in the reasons given for the rejection of my civil party claims.
In light of the Co-Prosecutor’s Press Release informing the public about the scope of investigations in Case 003, it is clear that crimes against my brother are under judicial investigations, namely, the "Capture of foreign nationals off the coast of Cambodia and their unlawful imprisonment, transfer to S-21 or murder".
Despite this, the Co-Investigating Judges (CIJs) have, in essence, determined that I am not a "victim", contrary to the recognition and acknowledgment of my personal, direct and psychological harm in Cases 001 and 002 where the Trial Chamber and the CIJs, respectively admitted my civil party claims.
In a bizarre twist, one of the two Co-Investigating Judges, Cambodian Judge YOU Bunleng, ruled in my favour and accepted me as a civil party for Case 002. Yet for some reason he has done a u-turn for case 003 even though the criteria for admissibility under the Internal Rules in Cases 001, 002 and 003 are essentially the same and should be consistently applied. The other CIJ for Case 003 is German Judge Siegfried BLUNK.
It is an incomprehensible schizophrenic decision and the reasons given are completely nonsensical. In both cases 001 and 002, the court had found that I had established direct and personal harm, within the scope of investigations. Given the “confidential” classification of the decision – which in itself is baffling – I can only say that it appears the decision is based on political convenience rather than a proper application of the law.
The conduct of Cases 003 and 004 appear to be politically influenced and the actions of the CIJs are an affront to the principles behind the establishment of this Tribunal. They are an affront to victims who have suffered from mass and serious crimes in Cambodia.
Given the outrageous and unfounded grounds for a rejection, this decision will be appealed.
For further information please contact Rob Hamill +64 (0)274 936677 or rob@wave.co.nz
Waikato Times
Former Olympic and trans-Atlantic rower Rob Hamill has suffered a setback in his court battle over the murder of his brother more than 30 years ago.
Kerry Hamill was abducted by the Khmer Rouge in 1978 when his yacht strayed into Cambodian waters, and taken prisoner at Toul Sleng prison in Phnom Penh, where he was tortured and killed.
Rob Hamill is a civil party to a case against five people thought to be under investigation by the Extraordinary Chambers in the Courts of Cambodia for his killing, and other war crimes. Though the names of those being investigated have not been made public, Hamill believes two of them are military commanders Meas Muth and Sou Met, whom he has accused of crimes against humanity.
His claims against the pair include allegations of forced transfer, imprisonment (including severe deprivation of physical liberty), enslavement, torture, murder, and other inhumane acts. But in a statement released yesterday, Hamill said his applications to the court had been rejected by Judges Siegfried Blunk and You Bunleng
"The Co-Investigating Judges have, in essence, determined that I am not a `victim', contrary to the recognition and acknowledgment of my personal, direct and psychological harm ... respectively admitted my civil party claims," he said. "I am very disappointed in the reasons given for the rejection of my civil party claims."
Hamill is an applicant in four individual cases before the courts, and he was confused as to why the judges had ruled in his favour in two of them, but rejected his claims in two others, which he claimed were effectively identical. He said the court's rejection of his arguments appeared to be "politically motivated".
Speaking to the Waikato Times today, Hamill said possible legal issues on his future return to Cambodia meant he could not reveal the decision in full. He said he plans to appeal the rulings.
--------------------
Hamill's press release
PRESS RELEASE - HAMILTON, NEW ZEALAND, 16 MAY 2011:
On 12 May 2011, I received a letter rejecting my civil party claims in cases 003/004.
I am very disappointed in the reasons given for the rejection of my civil party claims.
In light of the Co-Prosecutor’s Press Release informing the public about the scope of investigations in Case 003, it is clear that crimes against my brother are under judicial investigations, namely, the "Capture of foreign nationals off the coast of Cambodia and their unlawful imprisonment, transfer to S-21 or murder".
Despite this, the Co-Investigating Judges (CIJs) have, in essence, determined that I am not a "victim", contrary to the recognition and acknowledgment of my personal, direct and psychological harm in Cases 001 and 002 where the Trial Chamber and the CIJs, respectively admitted my civil party claims.
In a bizarre twist, one of the two Co-Investigating Judges, Cambodian Judge YOU Bunleng, ruled in my favour and accepted me as a civil party for Case 002. Yet for some reason he has done a u-turn for case 003 even though the criteria for admissibility under the Internal Rules in Cases 001, 002 and 003 are essentially the same and should be consistently applied. The other CIJ for Case 003 is German Judge Siegfried BLUNK.
It is an incomprehensible schizophrenic decision and the reasons given are completely nonsensical. In both cases 001 and 002, the court had found that I had established direct and personal harm, within the scope of investigations. Given the “confidential” classification of the decision – which in itself is baffling – I can only say that it appears the decision is based on political convenience rather than a proper application of the law.
The conduct of Cases 003 and 004 appear to be politically influenced and the actions of the CIJs are an affront to the principles behind the establishment of this Tribunal. They are an affront to victims who have suffered from mass and serious crimes in Cambodia.
Given the outrageous and unfounded grounds for a rejection, this decision will be appealed.
For further information please contact Rob Hamill +64 (0)274 936677 or rob@wave.co.nz
2 comments:
Gotta get justice for the whiteman because the crime was committed by the inferior yellowmen, even if it was 30 years ago. Justice will prevail for the white superior human race.
F!@k your whitemokey superior race. You f!#ks came from monkeys like everyone else. You're not special. Your first mother was an African, now that you're so far away from your original home, you think you're superior now. F!@k you. Whatever, your whitewomen are becoming black everyday. There a hint of black in everyone of your woman. Your superior race will be no more. Is that what upseting you? Seeing too many whitewomen dating and marrying too many black men. DON'T HATE THE BALL, HATE THE GAME.
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