Subscribe Search

Search form

Logo of Phnom Penh Post newspaper Phnom Penh Post - Ongoing row marks Khmer Rouge court: analyst

Ongoing row marks Khmer Rouge court: analyst

Ongoing row marks Khmer Rouge court: analyst

Michiel Pestman (L) and Andrew Ianuzzi, co-defence counsel for Nuon Chea, leave court in Phnom Penh least year. Photograph: Hong Menea/Phnom Penh Post

Mutual antagonism between Nuon Chea’s international lawyers and judges hearing the case against the accused war criminal is bleeding through proceedings in Case 002, a legal expert said at the weekend.

Anne Heindel, legal adviser to the Documentation Center of Cambodia, published expert commentary for the Cambodia Tribunal Monitor on the Trial Chamber’s decision, which found two international members of Nuon Chea’s defence – Dutch lawyer Michiel Pestman and American lawyer Andrew Ianuzzi – guilty of misconduct and referred this misconduct to the bar associations in their respective home countries.

Heindel said members of all three defence teams in Case 002 had been referred to their home bar associations for “unethical behaviour”.

“Thus far, neither the home bar associations nor the Cambodian Bar have taken action, nor have the court warnings been followed by additional ECCC repercussions,” Heindel wrote. “Because the Nuon Chea’s team trill strategy is premised on exposing government interference in the work of the Court – and proving its existence by being repeatedly forbidden to raise the topic – it will no doubt continue to test the Chamber’s patience, making future sanctions likely.”

Heindel highlights the judges’ unclear and seemingly inconsistent use of confidentiality rules for court filings, but nominates the accused counsel as responsible for the most “egregious breach” of confidentiality, with their publication of a confidential judicial order, implying some senior government officials hold key information to Case 003.

“One option would be to schedule time for the [Nuon Chea] team to raise [political] interference arguments, thereby undercutting its enduring need to prove that the government will never allow it.”

Ianuzzi told the Post he had not been contacted by his bar, but added that such complaints were a slow-moving process.

To contact the reporter on this story: Bridget Di Certo at [email protected]

RECOMMENDED STORIES

  • Thy Sovantha threatens new suit

    Social media celebrity and card-carrying CPP member Thy Sovantha yesterday said she will file a lawsuit against wildlife NGO head Suwanna Gauntlett alleging discrimination after the latter allegedly denied her access to an ecotourism program the group is launching today in Koh Kong province. The

  • Police raid Siem Reap party, arrest 10 foreigners over ‘pornographic’ images

    A group of 10 foreign tourists appeared in court today after being arrested for producing “pornographic” photos in Siem Reap town on Thursday, while dozens more were detained temporarily and let go after being lectured on their behaviour, according to authorities. A report posted to the

  • Hun Sen’s in-law removed from RCAF after cockfighting rings raided

    Thai Phany, the nephew-in-law of Prime Minister Hun Sen who is accused of running two large cockfighting rings, has been removed as a general in the Royal Cambodian Armed Forces. Phany, formerly a one-star brigadier general, was removed by royal decree on December 19, according to

  • Government approves plan to relocate Phnom Penh’s airport

    The government has signed off on a proposal to build a new airport to serve Phnom Penh and has earmarked land in Kandal province for the $1.5 billion project. A new international airport to replace the existing Phnom Penh International Airport will be constructed on partially