A Change of Guard

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Friday 2 March 2012

Judges remain at loggerheads; Theary Seng out as civil party

Bridget Di Certo
Thursday, 01 March 2012
Phnom Penh Post

Cambodian judges and officers at the Khmer Rouge tribunal are continuing to block civil party applicants from participating in the government-opposed cases 003 and 004, while international judges continue to base their decisions on civil party rights in spurring the two cases forward.

Outspoken Khmer Rouge victim advocate Theary Seng was yesterday rejected by default as a civil party in controversial cases 003 and 004 after Pre-Trial Chamber judges issued lengthy considerations but could not reach a consensus on her case.

Cambodian judges in the Pre-Trial Chamber said there were no relevant suspects in the cases as no one had been charged and so rejected Theary Seng’s appeal to be granted civil party status. “Errors committed” by then Co-Investigating Judge Siegfried Blunk and his Cambodian counterpart You Bunleng, whom rejected Theary Seng’s civil party application, were so grievous as to render any determination of the application “unfair”, they said.

Due to a failure to agree, the rejection of Theary Seng’s civil party application stood. Theary Seng has previously denounced the court as a “sham” and

attempted to cease all participation in proceedings.

International judges Rowan Downing and Katinka Lahuis noted in their decision that the co-investigating judges still had discretion to grant Theary Seng civil party status, as UN-nominated reserve Co-Investigating Judge Laurent Kasper-Ansermet had with New Zealand civil party Rob Hamill.

However, lawyers for Hamill said in a press release yesterday that despite Kasper-Ansermet granting their client civil party status, Cambodians court officials have blocked their access to the case file in Case 003 on the basis that the national side of the court does not recognise Kasper-Ansermet’s authority.

The lawyers called the action “a stealthy attempt to override the decision of Judge Laurent Kasper-Ansermet” as there had been no public information released that the national side of the court would not recognise any decisions of Kasper-Ansermet.

3 comments:

Anonymous said...

This girl is quite arrogant.

Anonymous said...

I lost my family to khmer rouge' too...Not only her??

Anonymous said...

She is good at dragging the KR court to the ground.

You may not see the end of this, maybe for the next ten to twenty years, with the rate that it is going right now.

There are some people who are working on the real job by producing some thing to feed others and there are some people who are making a living by talking bad or critisizing others.

I rather pick the job that can make the different for the society.

China went through the same thing as Cambodia, but they choose to focus on making a living than focusing on finding fault on what happened in the past.

I was living under Pol Pot regime. I have been watching the trial and I don't see any thing new at all. I knew what happened but as I expected they will point the fingure at each others.