The Extraordinary Chamber of the Courts of Cambodia (ECCC) during a hearing on June 30, 2009. Two judges on the tribunal have been accused of taking instruction from their respective governments. [AFP]

The beleaguered Khmer Rouge trials in Cambodia have hit another obstacle.

Two pre-trial judges, including Australian Rowan Downing QC, have been accused of taking instruction from their respective governments in a motion filed last week.

The Extraordinary Chambers of the Courts of Cambodia were created to try the leaders of the Khmer Rouge regime, which is accused of killing more than two million people in the 1970s.

The Khmer Rouge tribunal has endured considerable controversy in its four years of existence and now many people believe its become entrenched in its own politics.

The lawyers of accused war criminal, Ieng Sari, have filed a motion requesting that two pre trial judges, including Mr Downing, be removed from the court due to a public perception of bias.

Radio Australia has obtained a copy of the motion that seizes on comments recently made by the Cambodian Prime Minister, Hun Sen.

Mr Sen alleged the two judges have been acting on the orders of their respective foreign governments.

'Fair trial'

Michael Karnavas is one of the co-defence lawyers who filed the motion.

"What we're saying is we're caught in the middle of all of this, we're entitled to a fair trial," he said.

"The average person in Cambodia believes their Prime Minister, the United Nations hasn't stepped up to the plate, to either defend these judges or to show that they've taken any action to look into these allegations."

"The judges haven't spoken up, I suspect because of their position, but we want this matter cleared."

The two pre-trial judges, Mr Downing and Dutch national Katinka Lahuis are unable to comment on either Hun Sen's comments or the motion being filed against them.

Appropriate behaviour

But a spokeswoman for the court, Yuko Maeda, says the court believes all their court officials are behaving appropriately.

"We believe all the judicial officials who work at the ECCC are performing accordingly, independently from any of the executive bodies."

"This is the international standard, ECCC is following the international standard. We believe that none of the judicial officials who are working at the ECCC are influenced by any executive body."

Heather Ryan, a court monitor with the Open Society Justice Initiative, says she's seen no evidence to confirm the allegations, but says they should be publicly addressed to protect the credibility of the court.

"Many of the international players and the judges are in my view, unfortunately reluctant to speak publicly when statements like this that impact the credibility of the court are made," she said.

"I think it's part of that sort of general reluctance of commentators and officials of the courts to speak about what's going on in the court publicly. There's kind of a conspiracy of silence."

Bribery claims

An early report into the court's activities prepared for the US Agency for International Development concluded corruption was "pandemic" within the administration of local officials with bribery a widely accepted practice.

A subsequent report produced by the court, which was initially suppressed, revealed similar findings.

But there is no suggestion that these allegations relate to the judges of the court.

Lawyer Michael Karnavas dismisses any suggestion that his motion is designed further erode the tribunal's reputation, arguing it upholds expectations of transparency and due diligence.

"I haven't made these allegations, somebody else has. I'm not the one getting kick backs from the national staff. I'm not the one who is hiding the UN report, others are doing that," he said.

"So you can't blame the defence for trying to shed light and trying to make this process as transparent as possible."

Mounting scepticism

Ms Ryan, of the Open Society Justice Initiatives, says the court should be concerned about mounting public scepticism over its transparency and capacity to deliver swift and effective justice.

"The court has an obligation now, if it's to preserve its obligation to the people of Cambodia to go out of its way and take additional steps to be transparent, to scrupulously deal with any allegations of misconduct or wrong doing and to ensure that people can see that they actually are serving the interests of justice."

"Right now when everything is done behind closed doors people don't see that and so when statements like the one that is alleged by Ieng Sari's lawyers are made, it feeds on a kind of inherent suspicion."


BANGKOK, Oct 30 (TNA) - Cambodia reserves the right to deny a request by Thailand to extradite ousted prime minister Thaksin Shinawatra if he stays in the neighbouring country, but substantial grounds must be provided for the denial, according to the Attorney-General Julasingh Wasantsingh.

Mr Julasingh said he did not focus on anybody in particular, but would touch only on the principle that even though Thailand and Cambodia had signed an extradition treaty, in practice the country which was asked for the extradition has the full right to deny the request.

However, that country must justify its denial in line with international practice.

As for Mr Thaksin’s case, the Office of the Attorney-General has not been informed about his whereabouts so the office could not make the request.

If the police and the Ministry of Foreign Affairs confirm that Mr Thaksin is in Cambodia, Thai officials would seek extradition, but it depends on Phnom Penh's decision.

He added that Thailand had formerly denied such requests from some countries, but the kingdom was able to provide strong grounds to clarify its decisions in the past.

Mr Hun Sen told reporters during attending the 15th Association of Southeast Asian Nations (ASEAN) summit in Thailand that Mr Thaksin could remain in Cambodia as his guest and could be his economic advisor, saying he was not interfering in Thailand's internal affairs, but that Cambodia has the right to exercise its sovereignty and make such a decision.

Ousted in a bloodless coup in September 2006, convicted and sentenced to a two-year jail term for malfeasance in the controversial Bangkok Ratchadapisek land purchase, Mr Thaksin now living in self-exile abroad and is reportedly a close friend of Mr Hun Sen.
Thai and Cambodian politicians have been fleeing to each other's country for the past 50 years, seeking sanctuary from coups, arrest warrants, and other threats.

In 1957, when Thai dictator Field Marshall Sarit Thanarat unleashed a military coup against Prime Minister Phibun Songkram, the toppled leader fled Thailand for Cambodia in his Ford Thunderbird car.

BANGKOK, Thailand -- Thailand and Cambodia have descended into a loud political feud about Bangkok's 2006 coup, and Thailand's current threat to demand the extradition of its fugitive former prime minister Thaksin Shinawatra.

The rift between the two Buddhist-majority nations in the heart of Southeast Asia was expected to worsen if Mr. Thaksin accepts Cambodian Prime Minister Hun Sen's surprise offer of a temporary house.

"There is an extradition process," warned Thailand's powerful Deputy Prime Minister Suthep Thaugsuban on Tuesday (October 27).

"The turmoil following Cambodian leader Hun Sen's remarks, about ousted prime minister Thaksin Shinawatra being welcome in his country, has thrown the government into a spin," the Bangkok Post newspaper, which opposes Mr. Thaksin, reported on Tuesday (October 27).

Ratcheting up his rhetoric, Mr. Hun Sen compared Mr. Thaksin to Burma's pro-democracy leader Aung San Suu Kyi, a Nobel Peace Prize laureate who has languished under house arrest in Rangoon for 14 years.

"Many people are talking about Mrs. Suu Kyi of Burma. Why can't I talk about the victim, Thaksin?" Mr. Hun Sen said on October 23.

"That cannot be regarded as interference by Cambodia into Thai internal affairs. Without the coup d'etat in 2006, such a thing would not have happened," Hun Sen said.

Soft-spoken Thai Prime Minister Abhisit Vejjajiva lashed out Mr. Hun Sen's remarks.

"There are few people in the world who believe Thaksin is similar to that of Mr. Suu Kyi," Mr. Abhisit said later that day.

"I hope Prime Minister Hun Sen will receive the right information and change his mind on the matter."

Cambodia's government spokesman Phay Siphan said on October 23: "Cambodia has a right to offer Thaksin to visit Cambodia, and we have no obligation to send him back to Thailand."

If "former Thai prime minister Thaksin Shinawatra wishes to travel to Cambodia anytime...the Cambodian prime minister is ready to prepare a residence for [his] stay in Cambodia," reported Cambodia's government-run TVK television on October 22, according to Agence-France Presse.

Mr. Thaksin has been an international fugitive, based mostly in Dubai, dodging a two-year prison sentence for a conflict of interest.

That conviction involved a Bangkok real estate deal -- for his now divorced wife -- which was arranged when he was prime minister.

Mr. Thaksin became prime minister in 2001 when most voters elected the billionaire telecommunications tycoon, hoping he would boost the economy and modernize Thailand.

Mr. Thaksin was removed in September 2006 by Thailand's U.S.-trained military in a bloodless coup when they used tanks, armored personnel carriers, Humvees and other weapons to seize power.

He has unsuccessfully tried to return to power with the help of allied politicians, and get back his two billion U.S. dollars worth of assets which the coup leaders froze.

International human rights groups, however, want Mr. Thaksin investigated for his role in the alleged extrajudicial murder of more than 2,000 people during his government's "war on drugs."

Mr. Thaksin remains politically active in self-exile.

He helps lead a mass movement of so-called "Red Shirts" who claim to represent Thailand's majority lower classes, especially in the countryside.

Together they demand an immediate election, expecting Mr. Thaksin's allies to win.

They are opposed by the "Yellow Shirts" who claim to support Thailand's urban middle class and constitutional monarchy.

Led by Sondhi Limthongkul, the Yellow Shirts blockaded Bangkok's international and domestic airports in November 2008 for eight days, stranding more than 300,000 people worldwide.

Their blockade helped weaken a government allied to Mr. Thaksin, and paved the way for Parliament to elect Mr. Abhisit.

Mr. Abhisit's fragile coalition government enjoys the military's support, and much of his personal security is handled by the military.

Thailand's wealthy elite have mostly thrown their weight behind Mr. Abhisit as well, and appear nervous about Mr. Thaksin and the Red Shirts plotting to destabilize Bangkok.

Cambodia's prime minister has thrown a wild card into this dangerous mix, apparently hoping to attract big investments by Mr. Thaksin and weaken Bangkok's strategy over a smoldering border dispute, according to some analysts.

"It is true that I would invite former Prime Minister Thaksin to visit Cambodia anytime, and to be my economic advisor," Mr. Hun Sen said on October 22.

Thailand and Cambodia are former war-time enemies -- and current investment partners -- so the stakes are high for all sides to quell their public sniping.

Occasional killings on both sides have continued in and around the ancient stone ruins of Preah Vihear, a Hindu temple on the Thai-Cambodian border.

That dispute dates back to the 1950s, and continued even after the International Court in the Hague, Netherlands, confirmed Cambodia's ownership in 1962.

The conflict flared again after the ruins were declared a World Heritage Site in July 2008 by the World Heritage Committee, based on Cambodia's proposal to cash in on its tourism potential.

Thailand and Cambodia have suffered much worse relations in the past.

After Richard Nixon became president of the United States in 1969, he used Thailand as one of several military staging areas for heavy aerial bombing raids against communists in Vietnam, Cambodia and Laos, until America's wars ended in 1975 -- one year after Nixon's presidency -- with the U.S. defeated in all three countries.

Washington and Bangkok later indirectly backed Cambodia's communist Khmer Rouge leader Pol Pot, when his jungle-based guerrillas were in a loose alliance with other Cambodian rebels fighting against Vietnam's 1979-1989 occupation of Cambodia.

Thai and Cambodian politicians have been fleeing to each other's country for the past 50 years, seeking sanctuary from coups, arrest warrants, and other threats.

In 1957, when Thai dictator Field Marshall Sarit Thanarat unleashed a military coup against Prime Minister Phibun Songkram, the toppled leader fled Thailand for Cambodia in his Ford Thunderbird car.
*************
Richard S Ehrlich is a Bangkok-based journalist who has reported news from Asia since 1978. He is co-author of "Hello My Big Big Honey!", a non-fiction book of investigative journalism.

Rochom P'ngieng

CAMBODIA'S "jungle woman", whose case gripped the country after she apparently spent 18 years living in a forest, has been hospitalised after refusing food, her father and a doctor said today.

Rochom P'ngieng, now 28, went missing as a little girl in 1989 while herding water buffalo in Ratanakkiri province around 600km northeast of the capital Phnom Penh.

The woman was brought from the jungle, naked and dirty, in early 2007 after being caught trying to steal food from a farmer.

She was hunched over like a monkey, scavenging the ground for pieces of dried rice in the forest.

She could not utter a word of any intelligible language, instead making what Sal Lou, the man who says he is her father, calls "animal noises".

Cambodians described her as "jungle woman" and "half-animal girl".

Sal Lou said Rochom P'ngieng was admitted to the provincial hospital on Monday and had not adjusted to village life.

"She has refused to eat rice for about one month. She is skinny now.... She still cannot speak. She acts totally like a monkey. Last night, she took off her clothes, and went to hide in the bathroom," Sal Lou said.

"Her condition looks worse than the time we brought her from the jungle. She always wants to take off her clothes and crawl back to the jungle," he added.

Doctor Hing Phan Sokunthea, director of Ratanakkiri provincial hospital, said the woman was "in a state of nerves".

"Doctors have injected her with medicine twice a day to treat nervous illness but she still cannot control herself," he said.

Sal Lou said his family found it difficult to house the woman and he would appeal to charities to take over her care.

The jungles of Ratanakkiri - some of the most isolated and wild in Cambodia - are known to have held hidden groups of hill tribes in the recent past.

In November 2004, 34 people from four hill tribe families emerged from the dense forest where they had fled in 1979 after the fall of the genocidal Khmer Rouge regime, which they supported.
Despite gushing official statements, the Abhisit government's performance at the recent Asean Summit was disappointing.

The so-called achievements in Hua Hin and Cha-am were too little compared with the huge budget spent in organising the three-day event.

The 15th summit got off on an inauspicious start, as four heads of state and government failed to show up at the official opening.

The Thai-Cambodian spat over deposed prime minister Thaksin Shinawatra did not contribute in any way to the grouping's quest for unity, friendship and cooperation.

Prime Minister Abhisit's tit-for-tat against his Cambodian counterpart was uncalled for, as Thailand was the host of the meeting. He should have reserved his criticism for some other occasion.

Many issues have been left unsolved after the meeting, including the lifting of import tax among the 10 member countries, the Thai-Philippine rice tariff, free investment regulations, and the fate of Burma's Aung San Suu Kyi.

Asean's dream of becoming a unified community remains just that - a distant dream. If Thailand and Cambodia are still at each other's throats, how can the group become unified?
Thai and Cambodian politicians have been fleeing to each other's country for the past 50 years, seeking sanctuary from coups, arrest warrants, and other threats.

In 1957, when Thai dictator Field Marshall Sarit Thanarat unleashed a military coup against Prime Minister Phibun Songkram, the toppled leader fled Thailand for Cambodia in his Ford Thunderbird car.
BANGKOK, Thailand -- Thailand and Cambodia have descended into a loud political feud about Bangkok's 2006 coup, and Thailand's current threat to demand the extradition of its fugitive former prime minister Thaksin Shinawatra.

The rift between the two Buddhist-majority nations in the heart of Southeast Asia was expected to worsen if Mr. Thaksin accepts Cambodian Prime Minister Hun Sen's surprise offer of a temporary house.

"There is an extradition process," warned Thailand's powerful Deputy Prime Minister Suthep Thaugsuban on Tuesday (October 27).

"The turmoil following Cambodian leader Hun Sen's remarks, about ousted prime minister Thaksin Shinawatra being welcome in his country, has thrown the government into a spin," the Bangkok Post newspaper, which opposes Mr. Thaksin, reported on Tuesday (October 27).

Ratcheting up his rhetoric, Mr. Hun Sen compared Mr. Thaksin to Burma's pro-democracy leader Aung San Suu Kyi, a Nobel Peace Prize laureate who has languished under house arrest in Rangoon for 14 years.

"Many people are talking about Mrs. Suu Kyi of Burma. Why can't I talk about the victim, Thaksin?" Mr. Hun Sen said on October 23.

"That cannot be regarded as interference by Cambodia into Thai internal affairs. Without the coup d'etat in 2006, such a thing would not have happened," Hun Sen said.

Soft-spoken Thai Prime Minister Abhisit Vejjajiva lashed out Mr. Hun Sen's remarks.

"There are few people in the world who believe Thaksin is similar to that of Mr. Suu Kyi," Mr. Abhisit said later that day.

"I hope Prime Minister Hun Sen will receive the right information and change his mind on the matter."

Cambodia's government spokesman Phay Siphan said on October 23: "Cambodia has a right to offer Thaksin to visit Cambodia, and we have no obligation to send him back to Thailand."

If "former Thai prime minister Thaksin Shinawatra wishes to travel to Cambodia anytime...the Cambodian prime minister is ready to prepare a residence for [his] stay in Cambodia," reported Cambodia's government-run TVK television on October 22, according to Agence-France Presse.

Mr. Thaksin has been an international fugitive, based mostly in Dubai, dodging a two-year prison sentence for a conflict of interest.

That conviction involved a Bangkok real estate deal -- for his now divorced wife -- which was arranged when he was prime minister.

Mr. Thaksin became prime minister in 2001 when most voters elected the billionaire telecommunications tycoon, hoping he would boost the economy and modernize Thailand.

Mr. Thaksin was removed in September 2006 by Thailand's U.S.-trained military in a bloodless coup when they used tanks, armored personnel carriers, Humvees and other weapons to seize power.

He has unsuccessfully tried to return to power with the help of allied politicians, and get back his two billion U.S. dollars worth of assets which the coup leaders froze.

International human rights groups, however, want Mr. Thaksin investigated for his role in the alleged extrajudicial murder of more than 2,000 people during his government's "war on drugs."

Mr. Thaksin remains politically active in self-exile.

He helps lead a mass movement of so-called "Red Shirts" who claim to represent Thailand's majority lower classes, especially in the countryside.

Together they demand an immediate election, expecting Mr. Thaksin's allies to win.

They are opposed by the "Yellow Shirts" who claim to support Thailand's urban middle class and constitutional monarchy.

Led by Sondhi Limthongkul, the Yellow Shirts blockaded Bangkok's international and domestic airports in November 2008 for eight days, stranding more than 300,000 people worldwide.

Their blockade helped weaken a government allied to Mr. Thaksin, and paved the way for Parliament to elect Mr. Abhisit.

Mr. Abhisit's fragile coalition government enjoys the military's support, and much of his personal security is handled by the military.

Thailand's wealthy elite have mostly thrown their weight behind Mr. Abhisit as well, and appear nervous about Mr. Thaksin and the Red Shirts plotting to destabilize Bangkok.

Cambodia's prime minister has thrown a wild card into this dangerous mix, apparently hoping to attract big investments by Mr. Thaksin and weaken Bangkok's strategy over a smoldering border dispute, according to some analysts.

"It is true that I would invite former Prime Minister Thaksin to visit Cambodia anytime, and to be my economic advisor," Mr. Hun Sen said on October 22.

Thailand and Cambodia are former war-time enemies -- and current investment partners -- so the stakes are high for all sides to quell their public sniping.

Occasional killings on both sides have continued in and around the ancient stone ruins of Preah Vihear, a Hindu temple on the Thai-Cambodian border.

That dispute dates back to the 1950s, and continued even after the International Court in the Hague, Netherlands, confirmed Cambodia's ownership in 1962.

The conflict flared again after the ruins were declared a World Heritage Site in July 2008 by the World Heritage Committee, based on Cambodia's proposal to cash in on its tourism potential.

Thailand and Cambodia have suffered much worse relations in the past.

After Richard Nixon became president of the United States in 1969, he used Thailand as one of several military staging areas for heavy aerial bombing raids against communists in Vietnam, Cambodia and Laos, until America's wars ended in 1975 -- one year after Nixon's presidency -- with the U.S. defeated in all three countries.

Washington and Bangkok later indirectly backed Cambodia's communist Khmer Rouge leader Pol Pot, when his jungle-based guerrillas were in a loose alliance with other Cambodian rebels fighting against Vietnam's 1979-1989 occupation of Cambodia.

Thai and Cambodian politicians have been fleeing to each other's country for the past 50 years, seeking sanctuary from coups, arrest warrants, and other threats.

In 1957, when Thai dictator Field Marshall Sarit Thanarat unleashed a military coup against Prime Minister Phibun Songkram, the toppled leader fled Thailand for Cambodia in his Ford Thunderbird car.
*************
Richard S Ehrlich is a Bangkok-based journalist who has reported news from Asia since 1978. He is co-author of "Hello My Big Big Honey!", a non-fiction book of investigative journalism.
Rochom P'ngieng

CAMBODIA'S "jungle woman", whose case gripped the country after she apparently spent 18 years living in a forest, has been hospitalised after refusing food, her father and a doctor said today.

Rochom P'ngieng, now 28, went missing as a little girl in 1989 while herding water buffalo in Ratanakkiri province around 600km northeast of the capital Phnom Penh.

The woman was brought from the jungle, naked and dirty, in early 2007 after being caught trying to steal food from a farmer.

She was hunched over like a monkey, scavenging the ground for pieces of dried rice in the forest.

She could not utter a word of any intelligible language, instead making what Sal Lou, the man who says he is her father, calls "animal noises".

Cambodians described her as "jungle woman" and "half-animal girl".

Sal Lou said Rochom P'ngieng was admitted to the provincial hospital on Monday and had not adjusted to village life.

"She has refused to eat rice for about one month. She is skinny now.... She still cannot speak. She acts totally like a monkey. Last night, she took off her clothes, and went to hide in the bathroom," Sal Lou said.

"Her condition looks worse than the time we brought her from the jungle. She always wants to take off her clothes and crawl back to the jungle," he added.

Doctor Hing Phan Sokunthea, director of Ratanakkiri provincial hospital, said the woman was "in a state of nerves".

"Doctors have injected her with medicine twice a day to treat nervous illness but she still cannot control herself," he said.

Sal Lou said his family found it difficult to house the woman and he would appeal to charities to take over her care.

The jungles of Ratanakkiri - some of the most isolated and wild in Cambodia - are known to have held hidden groups of hill tribes in the recent past.

In November 2004, 34 people from four hill tribe families emerged from the dense forest where they had fled in 1979 after the fall of the genocidal Khmer Rouge regime, which they supported.
Thai Rath columnist Mae Lookjan

Despite gushing official statements, the Abhisit government's performance at the recent Asean Summit was disappointing.

The so-called achievements in Hua Hin and Cha-am were too little compared with the huge budget spent in organising the three-day event.

The 15th summit got off on an inauspicious start, as four heads of state and government failed to show up at the official opening.

The Thai-Cambodian spat over deposed prime minister Thaksin Shinawatra did not contribute in any way to the grouping's quest for unity, friendship and cooperation.

Prime Minister Abhisit's tit-for-tat against his Cambodian counterpart was uncalled for, as Thailand was the host of the meeting. He should have reserved his criticism for some other occasion.

Many issues have been left unsolved after the meeting, including the lifting of import tax among the 10 member countries, the Thai-Philippine rice tariff, free investment regulations, and the fate of Burma's Aung San Suu Kyi.

Asean's dream of becoming a unified community remains just that - a distant dream. If Thailand and Cambodia are still at each other's throats, how can the group become unified?

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