Tuol Sleng footage [by Vietnam] will not be shown at trial: judges

A still from a film of S-21 that judges said Wednesday could not be used as evidence. (PHOTO COURTESY OF THE DOCUMENTATION CENTRE OF CAMBODIA)

Thursday, 30 July 2009
Georgia Wilkins and Cheang Sokha
The Phnom Penh Post

Controversial footage filmed by Vietnamese troops after the Khmer Rouge fled the capital will not be permitted as evidence.

JUDGES at Cambodia’s war crimes court on Wednesday decided against allowing the use of footage of Tuol Sleng prison shot by Vietnamese troops in 1979 as evidence in the trial of the prison’s former chief, Kaing Guek Eav, citing time restrictions and concerns that the footage would be repetitive.

Defence lawyers for the accused had previously argued that the authenticity of the footage, which was donated in December by the Vietnamese government, has never been verified.

Prosecutors have said they believe the footage, which shows infants and children in poor health being removed from the compound, is necessary to demonstrate inhumane conditions at Tuol Sleng.

"It is undisputed that the conditions of detention at S-21 were inhumane," judges said in a filing Wednesday.

"The footage is likely to have little impact upon the trial and is in substance repetitious as a means of establishing these facts."

Judges added that "a number of supplementary investigations" would be necessary to prove the credibility of the footage.

"The chamber considers that verification of the reliability of this footage, a precondition for its use as evidence, is unlikely to be obtained within a reasonable time," they said.

Footage ’superfluous’

The footage is purported to show the prison immediately after it was discovered by Vietnamese forces.

Prosecutors had hoped to use the footage to prove that children had been detained with their parents, but judges said the testimony of a man who claimed to be one of the boys in the footage provided sufficient evidence of this.

"In view of the testimony of [child survivor Norng Chan Phal] and other witnesses … this footage is superfluous to establish that children of arrested cadre were also brought to S-21," the judges said.

Defence lawyer Kar Savuth told the Post Wednesday that he believed the court had made the right decision.

"The reason I do not want to use this video [in the trial] is because most parts of it have been invented," he said. "The trial should be based on real facts, not invented ones."

Spencer Cryder, a legal associate for the Documentation Center of Cambodia, which first obtained the archival footage, said Wednesday that the decision reflected the general tendency of tribunal judges to resist supplementary investigations.

"The trial chamber’s decision on the S-21 video did not address the root issue - the investigative inertia that exists during the [tribunal’s] trial phase," he said.

"Only the trial chamber can order additional investigations during the trial phase. However, the chamber did not order such an investigation."



Int’l help in probe key to proper [KR] trial

Constanze Oehlrich

Saturday, August 1, 2009

By Emran Hossain and Farhana Urmee
The Daily Star (Dhaka, Bangladesh)

Legal Adviser to Extraordinary Chambers in the Courts of Cambodia Constanze Oehlrich yesterday said assistance from international communities for evidence and investigation is necessary to ensure legitimate and transparent trial of war crimes.

It is very difficult to investigate such a large-scale crime and Cambodia needs to have additional capacity and support to make the trial legitimate and transparent, she said describing the Cambodian model.

“There is international experience in trying war criminals across the globe. In dealing with such a huge issue you need to be very pragmatic; you need to coordinate and organise the evidence,” said Constanze Oehlrich.

Oehlrich, who is visiting Bangladesh currently to attend the “2nd international conference on genocide, truth and justice,” expressed the view while explaining several features of Cambodian model for trial of war criminals with The Daily Star.

EU Parliament Member Helmut Scholz on Thursday said, “A legal analysis similar to the Cambodian model combined with international support is highly recommended for Bangladesh.”

Explaining the Cambodian model of court she said the Cambodian trial was backed by the United Nations. She mentioned that the Cambodian court was a mixed court involving judges from both national and international communities.

She mentioned that there was both national and international funding in Cambodian court.

“We have two prosecutors — one is national and the other is international. We have both national judges and international judges. In case of taking decision both the national and international judges have to take decision unanimously,” she said.

She said that the trial of war criminals in Cambodia is divided into three parts—pre-trial, trial and Supreme Court chamber — and majority of the judges are national.

There are, however, international judges in each step of the courts, she said.

“Decision in every step must be taken after getting super votes—like four votes out of five,” she added.

For example, if a decision is to be taken by the pre-trial court, which is consisted of five judges — three Cambodian and two international judges, four judges must approve the decision.

She cited an example saying that Cambodian president at one stage ordered not to expand trial and limit it within the five accused. Later an international judge felt the necessity of conducting investigation against six more and then the matter was forwarded to pre-trial court for hearing.

She said it is tough to arrange a trial after 38 years of the incident. Newspaper reports can be used as written evidence and there are accounts of witnesses too.

Sharing her experience of work in the trial of war criminals in Cambodia Constanze said that there is a documentation centre in Cambodia, which has been collecting information soon after the killings in Cambodia.

She explained that the centre even visited countryside taking interviews and accounts of witnesses.

She and Nafia Tasmin Din, Victim’s Unit, Extraordinary Chambers in the Courts of Cambodia, said that there are individual groups in Bangladesh who collected information after the Liberation War and that can be used during trial as evidence.

The genocide tribunal in Cambodia backed by UN began holding its first historic trial on November 20, 2007, 30 years into the killing of 1.7 million people, nearly a quarter of the Cambodian population.



Int’l help in probe key to proper [KR] trial

Constanze Oehlrich

Saturday, August 1, 2009

By Emran Hossain and Farhana Urmee
The Daily Star (Dhaka, Bangladesh)

Legal Adviser to Extraordinary Chambers in the Courts of Cambodia Constanze Oehlrich yesterday said assistance from international communities for evidence and investigation is necessary to ensure legitimate and transparent trial of war crimes.

It is very difficult to investigate such a large-scale crime and Cambodia needs to have additional capacity and support to make the trial legitimate and transparent, she said describing the Cambodian model.

“There is international experience in trying war criminals across the globe. In dealing with such a huge issue you need to be very pragmatic; you need to coordinate and organise the evidence,” said Constanze Oehlrich.

Oehlrich, who is visiting Bangladesh currently to attend the “2nd international conference on genocide, truth and justice,” expressed the view while explaining several features of Cambodian model for trial of war criminals with The Daily Star.

EU Parliament Member Helmut Scholz on Thursday said, “A legal analysis similar to the Cambodian model combined with international support is highly recommended for Bangladesh.”

Explaining the Cambodian model of court she said the Cambodian trial was backed by the United Nations. She mentioned that the Cambodian court was a mixed court involving judges from both national and international communities.

She mentioned that there was both national and international funding in Cambodian court.

“We have two prosecutors — one is national and the other is international. We have both national judges and international judges. In case of taking decision both the national and international judges have to take decision unanimously,” she said.

She said that the trial of war criminals in Cambodia is divided into three parts—pre-trial, trial and Supreme Court chamber — and majority of the judges are national.

There are, however, international judges in each step of the courts, she said.

“Decision in every step must be taken after getting super votes—like four votes out of five,” she added.

For example, if a decision is to be taken by the pre-trial court, which is consisted of five judges — three Cambodian and two international judges, four judges must approve the decision.

She cited an example saying that Cambodian president at one stage ordered not to expand trial and limit it within the five accused. Later an international judge felt the necessity of conducting investigation against six more and then the matter was forwarded to pre-trial court for hearing.

She said it is tough to arrange a trial after 38 years of the incident. Newspaper reports can be used as written evidence and there are accounts of witnesses too.

Sharing her experience of work in the trial of war criminals in Cambodia Constanze said that there is a documentation centre in Cambodia, which has been collecting information soon after the killings in Cambodia.

She explained that the centre even visited countryside taking interviews and accounts of witnesses.

She and Nafia Tasmin Din, Victim’s Unit, Extraordinary Chambers in the Courts of Cambodia, said that there are individual groups in Bangladesh who collected information after the Liberation War and that can be used during trial as evidence.

The genocide tribunal in Cambodia backed by UN began holding its first historic trial on November 20, 2007, 30 years into the killing of 1.7 million people, nearly a quarter of the Cambodian population.



France calls on Iran to release filmmaker

          PARIS,  — France called on Iran to release filmmaker Jafer Panahi and to allow peaceful protests, said French Foreign Ministry on Friday after riot police clashed with protesters in Tehran the previous day.

    "We call on Iranian authorities to respect the fundamental right to hold peaceful protests," said Foreign Ministry spokesman Frederic Desagneaux.

    "This is a universal value and we hope that the people arrested during the demonstration, in particular filmmaker Jafar Panahi, will be released," he added.

    Panahi was arrested on Thursday at the Behesht-e Zahra cemetery in Tehran, where thousands had gathered for a memorial service for the victims of the disputed presidential election.



Moldovan communists win election but lose majority in parliament

BUCHAREST, — Moldova’s Communist Party took lead in the snap parliamentary elections on Wednesday, but lost the majority it held for eight years in Parliament to a group of pro-western opposition parties, showed the final preliminary results announced on Friday by the Central Electoral Commission (CEC).

    According to CEC President Eugen Stirbu, the communists recorded a score of 44.77 percent, followed by the Liberal Democrat Party with 16.6 percent of the vote and the Liberal Partywith 14.7 percent, while the Democratic Party finished with 12.5 percent and Our Moldova Alliance 7.3 percent.

    The Communists Party, which has ruled the former Soviet republic since 2001, is likely to get 48 seats in the new parliament, 12 less than the number it got in the April 5 election.

    The Liberal Democrat Party was expected to get 18 seats, the Liberal Party 15, the Democratic Party 13 and Our Moldova Alliance seven seats.

    Moldova is a parliamentary republic, where the parliament elects the president. Under the constitution, at least 61 votes of the 101-member parliament are required for electing a president.

    The four opposition parties might form a coalition government with a majority of 53 seats in the Parliament but they would need at least 61 votes to choose a president.

    Moldova has been in disarray since the April parliamentary elections sparked violent protests that stormed the parliament and the presidential building, with the opposition claiming that vote was rigged.

    Wednesday’s elections were called after parliament failed to elect a successor to outgoing President Vladimir Voronin, the leader of the communists who has served the maximum two years in office.

    Even if a new president might not be elected in the coming weeks, there won’t be any other general elections this year in Moldova, since the constitution rules out a second snap election in the same year. In this case, Voronin will keep his role till the elections in 2010.



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