VOA Khmer, 13 May 2011

In Turbulent Week for Tribunal, Rising Concerns - ANALYSIS

A great, extensive analysis (in both Khmer and English) quoting many from ICTJ David Tolbert to OSJI James Goldston to author Peter Maquire to Dr. Lao MonHay, and also includes my calls for the resignations of UN chief administrator Knut Rosandhaug and co-investigating judge Dr. Siegfried Blunk.

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Press Release

Victims Association President Calls for the Resignations of UN Chief Administrator Knut Rosandhaug, Co-Investigating Judge Siegfried Blunk

12 May 2011

For full press release...  In KI-Media...

Press Release

Founder, President of Cambodia-based First-registered Victims Association Theary Seng Urges Civil Party Lawyers, the NGOs, the Victims Support Section to Assist Interested Victims to File in Cases 003 and 004

10 May 2011

For full press release . . . In KI-Media . . .

Sacravatoon No. 2009 "Seng Theary", 12 May 2011

Theary Seng's Interview with the BBC
CIVICUS Cambodia, 12 May 2011 (will air starting early Monday morning of May 16)

Limited Liability for Khmer Rouge Tribunal
Asia Times Online, 13 May 2011

Critics Fear War Crimes Court to Drop New Khmer Rouge Cases
IPS, 12 May 2011 (reprint in KI-Media)

Pressure Mounts for Tribunal Over Further Cases
VOA, 11 May 2011

Public Statement of UN Co-Prosecutor
9 May 2011

Civil party applicant Olympian Rob Hamill calls for diasporas and expat Cambodian community to file for Civil Party status in ECCC Cases 003 and 004

Press Release, 8 May 2011

in KI-Media

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A Response to Khmer Democrat of KI-Media

re ECCC Ta An also Ben Kiernan's Oeun?

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My comments on issues of CONFIDENTIALITY

and the PRESUMPTION OF INNOCENCE

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Cases 003 and 004

Front page of The Phnom Penh Post

and The Cambodia Daily

Friday, 6 May 2011

For full and other articles . . .

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Khmer Rouge Zones (The Pol Pot Regime by Ben Kiernan)

Civil party applicant Theary Seng appealing ECCC decision

regarding Meas Muth and Sou Met of Case 003,

lodging another application against CPK Secretaries

madam Im Chaem, Ta An, Ta Tith of Case 004

_____________________

PRESS RELEASE

_____________________

PHNOM PENH, 5 May 2011: The overt political interference into Cases 003 and 004 of the United Nations-backed Extraordinary Chambers in the Courts of Cambodia (“ECCC”) by Cambodian Prime Minister Hun Sen and the UN’s subsequent collusion as reflected by the action (or more correctly, inaction) of the international co-investigating judge, is an affront to victims of the Khmer Rouge. We deserve more than the cheap justice that is being administered right now by these cases. We appeal to the donors and the international community to put an end to this legal fiction that is being written for us vis-à-vis these cases—that there are two standards of justice: dignified justice for people of the developed world; and cheap, tattered justice for the poor, like us Cambodians.

On 3 April 2011, I, Theary Chan SENG, submitted a very public application entitled “Civil Party Application to Case No. 003/004” with the ECCC Victims Support Section, which was filed with the Co-Investigating Judges (“CIJs”) 19 days later on 22 April, as verbally confirmed to me that same evening by ECCC Public Affairs chief Reach Sambath when we were guests on a Radio Free Asia call-in show.

In this one application, I publicly named and expressly hold Khmer Rouge military commanders Meas Muth and Sou Met directly, personally, individually responsible to me for the Crimes against Humanity (including the legal elements of murder, extermination, enslavement, imprisonment, torture, political persecution) in their roles as commanders of the Navy and Air Force of Democratic Kampuchea, respectively, and for their material contribution in developing and implementing the common design and purpose of a joint criminal enterprise which impacted the whole of Cambodia.

That is to say, as a matter of international law, they are directly responsible for my legal injuries during the fall and exodus out of Phnom Penh (Phase I Movement) when my father, a Lon Nol military commander, “disappeared”; and the movement of the population of the East Zone (Phase 3) when the Khmer Rouge imprisoned my family and me first at Wat Tlork and then Boeung Rai Security Centers, where I experienced and witnessed, inter alia, the death of my mother, among the 30,000 (thirty-thousand) lives estimated to have been extinguished at Boeung Rai. Here, the legal nexus are the CRIMES, not the geographically districts and zones they physically commandeered, vis-à-vis me as an applicant, except for their criminal actions as they were related to the capture and exodus out of Phnom Penh in 1975 when we shared proximity.

On late Friday afternoon, 29 April 2011, the CIJs publicly announced the closing of investigation of Case 003 in one sentence.

On late Tuesday, 3 May 2011, following a long holiday weekend, my lawyer Mr. Choung Chou-Ngy signed for the receipt of two separate documents (dated the same day as the closing of investigation announcement) with the decisions of the CIJs, both documents classified “Confidential”, even though the names of the five charged persons are not mentioned.

Since the lodging of my first application on 3 April 2011 until now, I have received additional information which will allow me to demonstrate legal injuries “as a direct consequence of at least one of the crimes against the Charged Person” pursuant to Rule 23bis with greater clarity the names of the Charged Persons, their crimes and category of whether they fall in Case 003 or Case 004.

Consequently, I will appeal the CIJ decisions of my one application to “Case No. 003/004” naming Meas Muth (also spelled Meah Mut and aka Khe Muth) and Sou Met with the Pre-Trial Chamber which I have until May 16 to submit. These two military commanders are grouped in Case 003.

Simultaneously, I will submit a second civil party application involving the crimes committed against me by CPK Secretary “Me” Im Chaem of Region 5, particularly of the mass graves in Phnom Trayong in Preah Net Preah district (Northwest Zone); CPK Secretary “Ta” An of Region 41 (Central Zone, mainly of Kampong Thom, Pol Pot’s birthplace province) also believed to be deputy to Ke Pauk (also spelled Kae Pok, now deceased named in Seven Candidates for Prosecution by Steve Heder and Brian Tittemore); and “Ta” Tith (brother of “Ta” Mok, the “butcher”, who died under police custody also named in Seven Candidates for Prosecution) who was CPK Secretary of Kirivong District 109 of Region 13 (Southwest Zone, where the butcher Ta Mok ruled along with his network of family members in senior positions in the Zone—two brothers-in-law, including Ta Tith, four sons, two daughters and five sons-in-law, including Meas Muth) and instrumental in the 2nd Phase Movement of the Southwest Zone population to the northwest where he terrorized Region 1 (Northwest Zone). It is believed that these military commanders (including Meas Muth and Sou Met) of the Southwest and Central Zones were also instrumental in the purges of the East Zone where I was imprisoned during the Khmer Rouge years. These three CPK Secretaries are grouped in Case 004. I have until 15 days after the closing of investigation into Case 004, which the CIJs have yet to announce.

The CIJs have woefully failed in their Rule 56 responsibility in keeping the public informed generally, and in providing adequate, timely information to victims in order that we may file civil party applications specifically. Even with sufficient information, it still takes great energy, time and resources to put an application together for any educated, well-informed victim. Now consider the difficulty in light of the stress of political pressure, of intimidation, of lack of information giving by the ECCC of the average Cambodian victim.

This ECCC which initially, genuinely, substantively, unprecedentedly embraced victims into its process as “civil parties” (of whom I was the first) is quickly turning against victims and our meaningful participation.

For further information, please contact me at +855.12.222.552 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it or visit www.thearyseng.com where I have consolidated information surrounding the law and controversies of Case 003 and Case 004.

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In KI-Media (with maps and other attachments)

Press Conference of 4 April 2011, etc.

The 2nd application to Case 003 of Olympian Rob Hamill

Letters to the Editors, etc.

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Sacrava, 4 May 2011

Press Release of Open Society Justice Initiative, 3 May 2011

In KI-Media

The Cambodia Daily and The Phnom Penh Post articles in response to the terse Public Announcement re the Closing of Investigation of Case 003 on Friday, 29 April 2011

Case 003 Deemed a "Charade"

The Phnom Penh Post, 2 May 2011.

In KI-Media

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A recent email exchange with a friend triggered this note prefacing the following amalgam of KI-Media pictorial commentaries, which I hope to elaborate in a longer, more thoughtful commentary.  Quickly two points: (i) the victims and associated symbols of the killing fields here in Cambodia or in Rwanda or in Sierre Leone are as sacred, unique and special as the Shoah/Nazi gas chamber symbolism; I believe in the COMMONALITIES and fellowship of suffering of ALL victims of mass atrocities rather than our/my/Cambodian lesser suffering or insignificance in light of the specialness/sacredness/uniqueness of the Shoah/gas chamber images, even if we do not have the clout and admirable honoring in keeping the issues alive like the Jewish people; (ii) I see in these KI-Media pictorials the parallel to the UN vis-a-vis the German co-investigating judge in extinguishing the rights and pursuit for justice of victims in Case 003 to reflect the gravity of what is unfolding in Case 003.

Extraordinary gas Chambers for 003 victims

in the Courts of sCambodia

The Extraordinary gas Chambers gatekeeper, German/UN co-investigating judge Dr. Siegfried Blunk

More . . .

By KI-Media

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by KI-Media

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German Dr. Siegfried Blunk, Khmer Dr. You Bunleng - ECCC co-investigating judges

by KI-Media

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By KI-Media

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No Justice in the Killing Fields

Opinion by OSJI executive director James Goldston

26 April 2011

International Herald Tribune / New York Times

The Khaleej Times / KI-Media

NEW YORK — More than 30 years after the murderous Khmer Rouge were driven from power in Cambodia, the U.N.-backed effort to bring justice to the victims of the killing fields stands on the brink of ignominious failure due to political interference from the Cambodian government and the indifference of the international community.

A hybrid court, the Extraordinary Chambers in the Courts of Cambodia, has spent over $200 million since it was set up in 2003 with both international and local judges and prosecutors. It has tried only one person: Kang Kech Eav, or Duch, the head of the notorious Tuol Sleng prison complex, who is appealing his conviction for crimes against humanity, murder and torture.

Now Cambodia’s Prime Minister Hun Sen has taken an axe to further proceedings. In power for over 25 years, Hun Sen has repeatedly and publicly declared that the court should try only one more case (case “002” in court parlance), against four detained senior ex-Khmer Rouge leaders, all of whom are in their late 70s or 80s.

As for five additional unnamed suspects, whom the court’s pre-trial chamber approved for investigation, Hun Sen bluntly informed U.N. Secretary General Ban Ki-moon late last year that they would not be “allowed” to go forward.

The reason offered is the supposed threat any additional trial would pose to peace in Cambodia. Others suspect that the prime minister is simply enforcing a pact he long ago cut within his ruling Cambodian People’s Party that none of its ex-Khmer Rouge members would ever be tried or otherwise exposed for crimes they committed, no matter how serious.

Other actors have their own reasons for acquiescing in this. Donors want to save money and are anxious for the court to wind up operations.

Having invested more than a decade in negotiations to launch the court and keep it alive, the United Nations finds it hard to walk away now. It is institutionally committed to the court, even though in 2002, then-secretary general Kofi Annan recommended against U.N. involvement in a tribunal which he rightly believed lacked adequate protections against precisely the kind of political interference that is blocking the additional cases.

Mr. Annan was compelled by pressure from the United States, Australia, France and Japan to accept the present flawed structure (the International Criminal Court is limited to prosecuting crimes that were committed after it was established in 2002).

Court officials are thus caught in a trap. The fearful Cambodian staff must respond to political pressures. Even international staffers feel constrained to focus their efforts on making the most of case 002, given the unlikelihood of any further trials.

As a result, the right course of action — allowing all cases currently before the judges to proceed through to completion — now seems unattainable. Advocates of impartial justice are faced, as they have been throughout the morally tainted history of this tribunal, with a choice of lesser evils.

One option under discussion would involve deception. According to various sources, court officials might “gracefully” dispose of the additional five suspects, for example, by presumptively finding that none of them are among those “most responsible” for Khmer Rouge crimes, as the governing statute requires. Such a move would implicate the court in a political decision to halt proceedings.

Unfortunately, this is where things seem to be headed. By their own awkward admission, the Cambodian and international judges responsible for investigating the additional cases have restricted their staff to desk review; no field investigation is underway. This month the deputy national co-prosecutor reaffirmed there would be no further prosecutions. The fix, it seems, is in.

A preferable, if still distasteful, alternative, would be to honestly horse-trade abandonment of the additional cases in exchange for a guarantee of total government cooperation, and full donor resources, for case 002.

The United Nations and the Cambodian authorities should openly declare that the hybrid court will cease operations after conclusion of case 002 due to government objections and the lack of continued funding. As part of the squalid bargain, the government should publicly commit itself to lifting its illegal veto of the pending witness summonses and comply swiftly with any other court order or request.

Even with these conditions fulfilled, victims of the Khmer Rouge will be cheated of the more comprehensive accountability further trials would have produced. And every Cambodian will know that all the will the international community could muster was not sufficient to create a truly independent court. It’s time for the U.N. to end the charade. James A. Goldston is the executive director of the Open Society Justice Initiative. In 2007–2008 he was coordinator of prosecutions at the International Criminal Court.

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Extraordinary Chambers in the Courts of Cambodia

Press Release of Public Affairs

re

The Statement of the Co-Investigating Judges

(sent out late FRIDAY afternoon, before long weekend of Labor Day on Monday, in light international attention on Cambodia-Thai border fatal clashes in its 9th day, against the backdrop of Royal Wedding frenzy, Syrian crackdown and Alabama tornedo)

The Statement is this one very terse sentence:

"The Co-Investigating Judges ("CIJs") today (29 April 2011) in a public decision concluded the investigations in Case 003 (the Case File containing more than 2.000 pieces of evidence, comprising more than 48.000 pages),and have notified the parties [ONLY the Co-Prosecutors] according to Rule 66.1."

Besides learning that the initial investigation started on 20 Nov. 2008, the CIJs original notice is even more curt, unhelpful and disturbing:

“Notify the Co-Prosecutors that they consider the investigations have been concluded.”

Theary Seng's Note:

in KI-Media

This Press Release and Statement of Co-Investigating Judges You Bunleng (Khmer) and Siegfried Blunk (UN) are very disturbing in confirming our fears - the ECCC's dismissal of Case 003 and 004 involving 5 additional charged persons to the existing 5 individuals of Case 001 (Duch) and 002 (Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith).

First, this is the first and ONLY statement/public information re Case 003 or Case 004 of the new UN (German) Co-Investigating Judge Siegfriend Blunk since he took up this position in December 2010, consisting of ONE SENTENCE.

The Office of Co-Prosecutors started the initial investigation on 20 Nov. 2008 and forwarded the Introduction Submissions of Case 003 (charged persons Meas Muth, Sou Met?) and Case 004 (Battambang Im Chaem and two other district chiefs?) to the Co-Investigating Judges for investigation since Sept. 2009 -- almost 20 MONTHS ago, whereby the CIJs have conducted ZERO field investigation, which they and the Public Affairs Press Release failed to mention!  They failed to mention that their 40-member staff -- both Khmer and UN -- have been idled, with the Khmer staff only called back to the work only after public scrutiny resulting from the lodging of my and Rob Hamill's civil party applications.  They failed to mention that they have been shuffling papers, some of the "2.000 pieces of evidence, comprising more than 48.000 pages" mentioned -- if any at all (!), for the last 20 months.

Hence, the Co-Investigating Judges have closed the investigation WITHOUT conducting ANY FIELD INVESTIGATIONS after 20 months of inactivity since the Introduction Submissions and 7 months since the end of investigation of Case 002 (Closing Order) in Sept. 2010.

It is also disturbing that the ECCC has not officially informed me via documentation of receipt of my and Rob Hamill's civil party application to Cases 003/004 (only Case 003, if charged persons Meas Muth and Sou Met).

The Chief of ECCC Victims Support Section Rong Chhorng on 6 April 2011 informed me via a telephone call that his office has received my application.  And when it was established that I will be a guest on the popular 30-45 minute radio call-in show on Radio Free Asia on Friday, 23 April 2011, Reach Sambath who was a guest with me stated on the air that the ECCC had received my application in good form and that as of that day (Friday, April 23), the Co-Investigating Judges received my application.  However, there has been NO DOCUMENTATION OF THIS RECEIPT AS A MATTER OF HISTORICAL DOCUMENTARY RECORD besides a radio broadcast in the Khmer language.

If our suspicion is correct - that the ECCC is on an expedited path to dismissing Cases 003/004, beginning with Case 003 as it involves two very public figures (me and Rob Hamill) -- then this terse Statement of the Co-Investigating Judges closing the investigation of Case 003 is a very  disturbing, concrete step.  They must first close the investigation before they can dismiss.  The great fear is that they will dismiss the Case 003 before confirming me or Rob Hamill as a civil party to this Case.  Because once we are made civil parties, we have the right to appeal the dismissal of Case 003.  We also have the right to appeal our civil party applications should they not recognize us, but our case made stronger if only there is a case concerning us.  But if Case 003, then our applications are made substantially weaker as the case involving us (Case 003 involving Meas Muth and Sou Met, and not Im Chaem and the other 2 district chiefs).

- Theary C. Seng, Jakarta, 30 April 2011

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Groups fear Khmer Rouge tribunal may halt trials
(Associated Press, 4 May 2011)