Friday, January 16, 2015

សេចក្តីប្រកាសព័ត៌មាន ស្តីពីការ​បិទ​កិច្ច​ប្រជុំ​​ពេញ​អង្គ​​លើក​ទី១១ របស់អង្គជំនុំ​ជម្រះ​​វិសា​មញ្ញ​ក្នុង​តុលាការ​កម្ពុជា


    16 January 2015
The 11th Plenary Session of the Extraordinary Chambers in the Courts of Cambodia (ECCC) concluded this afternoon, having been reconvened after an adjournment on 16 October 2014.

The Plenary adopted new provisions that will allow the Co-Investigating Judges to reduce the scope of judicial investigation by excluding certain facts set out in an Introductory Submission or any Supplementary Submission at the time of notification of conclusion of investigation, as long as the remaining facts are representative of the scope of the Introductory Submission or any Supplementary Submission.  

Similarly, the Internal Rules were amended with provisions that will allow the Trial Chamber to reduce the scope of the trial by excluding certain facts set out in the indictment, as long as the remaining facts subject to trial are representative of the scope of the indictment. A decision to reduce the scope of the trial will not affect the participation of the Civil Parties or the composition of the consolidated group of Civil Parties.

The rules related to the Victims Support Section (VSS) were amended with provisions that regulate the criteria to be included in the list of lawyers representing Civil Parties before the ECCC and the role of VSS in forwarding applications from foreign lawyers wishing to represent Civil Parties to the Bar Association of the Kingdom of Cambodia.

These amendments were adopted with the aim of expediting the proceedings before the ECCC.
For further information, please contact:

Mr. Lars Olsen
Legal Officer
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Mr. Neth Pheaktra
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OPINION: Professor Pen Ngoeun, UN Special Rapporteur Surya P. Subedi

His moment to take final credit on his job
His swan song to Cambodians

Unsurprisingly, Prof. Surya Subedi will take credit of “the progress achieved towards making state institutions independent, with particular reference to legal and judicial reform.” He would certainly imply that without his voice, Cambodia would not have moved to reform the legal and judicial system. Will he stop right there? No, he will not. He would say that more needs to be done. Of course, reform will not come to a stop unless changes are becoming the national new order.

He will give credit to the Cambodian “Human Rights protesters,” without them he would not be able to capture his own credit. He will give credit to the Royal Government of Cambodia for heeding his advice and the plight of the Cambodian people, a mark of his achievement.  A consummated diplomat will not leave acrimony behind nor stain his swan song.

It is very delicate to navigate the treacherous water preaching human rights, upholding human dignity where you have on one side a government that takes pride in its achievements, in particular the armed liberation of the Cambodian people from the claws of the Khmer Rouge Genocidal regime during which an estimated 2.2 million Cambodians were killed, starved to death under forced labor and on the other side a new generation of Cambodians who wants social justice, fairness and equality. This is not nostalgia when some Cambodians dare say that under the Khmer Rouge regime, everyone without exception is poor and is fear of death at any second, any minute, any hour and any day, but now there are classes of super riches, riches, just get-bys, poor and dirt poor, very powerful, powerful, easily-at-risks, and most vulnerable people. Why? Modern thinkers spoke about mismanagement by the leaders. Religious people spoke about destiny and divine design. Political followers spoke about opportunities and missed opportunities. One high-ranking official I knew said, had I not love and protect 181,035 square kilometers of our land, but only five thousand or twenty thousand hectares of land, I would have been a millionaire and live like a king. He added: my mistake was that I love so much and I want to protect that 181,035 square kilometers. He missed the opportunities to get rich. Actually, nowadays he barely makes a living.
Prof. Surya Subedi was aware of the predicament of being the Special Rapporteur on the situation of human rights in Cambodia as appointed by the UN Human Rights Council. His skin is thick enough to withstand the attacks from all sides. Facing untenable situation many U.N. officials (at the ECCC for example) washed their hands and walked away, right or wrong who cares? - Not Prof. Surya Subedi. 
Prof. Surya Subedi has stayed in the job until the end of his 6 years mandate. We will hear his swan song on Friday January 23, 2015 at 03:00PM. We would know more what kind of person he is.
January 16, 2015
Professor Pen Ngoeun, Advisor
University of Puthisastra, Phnom Penh, Cambodia