The Khmer Rouge Trial Faces A Few Obstacles

By Karen Diep
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia– Time is of the essence in the Khmer Rouge trial.  According to experts, funding and health threaten the trial of Khmer Rouge’s three surviving members for the deaths of approximately 2 million people.

King Guek Eav, the prison chief. (Photo Courtesy of The Guardian)

Nuon Chea, the chief advocate, Khieu Samphan, the head of state, and Ieng Sary, the foreign minister, face charges that include genocide, crimes against humanity, and war crimes.

The Khmer Rouge, a Communist movement, is responsible for the execution, torture, forced labor, and starvation of millions from 1975 to 1979.  Survivors have waited a very long time for the prosecution of those liable.

“The victims, especially myself, we suffer for too long,” said Marie Chea, now 60 years old.  “I lost my family, my mom, my dad, my brothers and sisters.  I suffer, suffer, even when I am back home — I say home because I am in the United States more than 30 years.”

In 2006, voluntary contributions from various nations paid for the existing tribunal.  However, since its creation, the tribunal has cost more than $160 million and this year faces a $22 million budget decrease.  Financial stress aside, the court faces other dilemmas.

Seven months have already passed in the first “mini-trial.”  Since opening statements in late November, the court has only held trial hearings on 78 days.  On Thursday, it adjourned for about a month.  To date, the tribunal has only completed one case, the sentence of S-21’s prison chief, Kaing Guek Eav, to life imprisonment.

In an effort to expedite the process, judges of a UN-supported court in Phnom Penh have divided the intricate case into smaller trials, thus leaving the most serious crimes for later proceedings.

In addition to funding troubles and slow pace, the ailing health of the Khmer Rouge’s senior members and their ability to endure the entire trial is a grave concern.  Last month, the hearings were postponed for a week because 86 year– old Ieng Sary was hospitalized for bronchitis.

“This is it, this is the trial. Nobody believes there’s going to be a second phase,” voiced Anne Heindel, a legal consultant to the Documentation Center of Cambodia.  Moreover, according to Jakarta Globe, Heindel fears of a “narrow judgment” that would veil “the story of what happened under the Khmer Rouge.”

The first trial piece centers on the forced transfer of city inhabitants to rural work sites.  Shortly after the evacuation, the regime allegedly killed thousands of “enemies.” The prosecution has twice requested that the judges include this crime among others in the first trial.

For many Cambodians, far worse crimes- mass purges, forced marriages, and torture – under the 1975-1979 regime may never be heard.  As Heindel stated, unaddressed crimes “would greatly diminish the legacy of this court.”

For further information, please see:

Jakarta Globe- Fear Grow for Early End to Khmer Rouge Trial- 24 June 12

The Guardian-Kmer Rouge leaders go on trial in Cambodia– 26 June 12

The Huffington Post- Khmer Rouge Trial: Kaing Guek Eav, Chief Jailer, Gets Life In Prison– 12 Feb. 12

The New York Times-Survivors Seek Answers at Khmer Rouge Trial– 20 Nov. 12

 

Syrian Revolution Digest – Tuesday 26 June 2012

THE COMMENTARY IN THIS PIECE DOES NOT NECESSARILY REFLECT THE VIEWS OF IMPUNITY WATCH.  

*WARNING VIDEOS MAY CONTAIN GRAPHIC IMAGES*

Culprits!

As local resistance groups manage to overwhelm pro-Assad troops and militias throughout Syria driving them out of their town and communities, Assad’s subsequent strategy calls for indiscriminate shelling of these communities using heavy artillery, tanks and helicopter gunships. The tragic nature of this development aside, the situation does give an opportunity for interested international parties to direct air strikes against positions held by pro-Assad militias with minimal risk of collateral damage to civilian populations. But international dithering continues to prolong the life of the Assad regime. Iran and Russia are no longer the sole external culprits in the massacres currently perpetrated by pro-Assad militias.

Tuesday June 26, 2012

Today’s Death toll: 113. The Breakdown: 33 in Damascus Suburbs (Hameh and Qudsayah, West of Damascus, and Douma, East of Damascus) 16 in Daraa, 24 in Idlib, 14 in Homs, 10 in Deir Ezzor, 9 in Aleppo, 5 in Hama and 2 in Damascus City.

Assad officially admits he is waging war against the Syrian people Assad says Syria in a “real state of war” Indeed, a war is an apt description of what is taking place in so many towns and cities across the countries, even in Damascus suburbs: Fierce fighting erupts near Damascus. Even UN monitors are feeling the heat: Syria deemed too dangerous for U.N. monitors to resume mission. But the mood inside the regime’s upper ranks seems to be increasingly cloudy, as more high level defections are reported: Latest Syrian Defectors Are From Higher Ranks.

Turkish PM’s border warning to Assad could pave the way for formalizing and protecting the de facto safe haven carved out in Idlib Province by local resistance: Turkey PM Erdogan issues Syria border warning. In this light, NATO’s lack of retaliation might of little consequence for now: Turkey, NATO assail Syria, but no retaliation for shoot-down seen. So does French dithering: French support waning for any action in Syria: poll.

Meanwhile, more U.S. officials are calling for serious action on Syria: Rice: Syria will never be stable with Assad in place.

News

Op-Eds & Special Reports

The Resistance

Video Highlights

Rebel control over the areas adjacent to the Syrian-Turkish borders in the Idlib province was firm enough to encourage a visit by former SNC President, Bourhane Ghalioun. So, even as Assad was giving his defiant speech, Mr. Ghalioun was paying a visit to the liberated communities near the Turkish borders: Arriving in disguisehttp://youtu.be/pFNXoejZ0VU Meeting members of the local resistancehttp://youtu.be/bPshRSd_J24 The trip back http://youtu.be/2WWSvWknnAg A day earlier, members of the local resistance managed to take control of an anti-aircraft gunhttp://youtu.be/c_9HCiOtFok

Maar Dibseh, Idlib Province: a helicopter gunship makes an emergency landinghttp://youtu.be/zHz43DWmI9s and gets destroyed by members of the local resistancehttp://youtu.be/Veot_Bq7h7Q In nearby Khan Al-Subul, local resistance destroy a BMPhttp://youtu.be/Btn5kuLrUnU Wounded and martyrs http://youtu.be/lBrxQKZJkGo ,http://youtu.be/6gKYU9LAprY , http://youtu.be/zigFBCMdvN0

The pounding of Khan Shaikhoon, Idlib Province http://youtu.be/NLsDkfyCulU ,http://youtu.be/Mlbis-CNaXk

Elsewhere, in Homs Province, members of the local resistance capture a brigadier General working for the Syrian air force http://youtu.be/wSbS0367aX8

Al-Hameh, Damascus: mass grave for today’s victims of mass shellinghttp://youtu.be/rN2MvqnqYgA The martyrs http://youtu.be/hRUzOgVj9Ls The pounding of Al-Hameh was caught on camera http://youtu.be/_PgYeQjLXQA Nearby Qudsaya offers several martyrs as well http://youtu.be/jzCKtsMv_O8 , http://youtu.be/GqaRyQiKP3I ,http://youtu.be/WJcHJW_5TAA The pounding of Qudsaya was caught on camerahttp://youtu.be/U3LYl6smPxI

Talbisseh, Homs Province, the shelling continues: http://youtu.be/RiDvhzhHqDo ,http://youtu.be/Vve1RQDwLgk , http://youtu.be/0Bv3imyEwM4 ,http://youtu.be/fHikwabnD0w The view from street level http://youtu.be/a_5DMMGB0SA

The pounding of old neighborhoods in Homs City continues http://youtu.be/5vy2uvGzf7s

The pounding of Deir Ezzor City continues http://youtu.be/2YZTh–d63Q Shops catch firehttp://youtu.be/uQH8OUzXaTo A home catch fire http://youtu.be/WoDmjv1Qcok Martyrshttp://youtu.be/bunCMEY2mMI A little child among the martyrs http://youtu.be/g-0ab41wLpo

Mleihah Al-Gharbiyeh, Daraa is pounded by choppers http://youtu.be/OzECh1PC3G0

The Palestinian Refugee Camp near Daraa City offers more martyrshttp://youtu.be/d9fkgwgQsHU as the continuing pounding displaces more peoplehttp://youtu.be/9FFSWXix41Q The funeral http://youtu.be/O_8yFRmg4t8 Mourners come under fire from snipers http://youtu.be/i_BeSuLqU7Q

Syrian Network for Human Rights: Salah Addein, Inkhel, and Douma Massacres

Salah Addein Massacre | 22 June 2012

Following prayer on Friday, the Salah Addein neighbourhood residents took to the streets in protests.  The largest of the march groups walked from the mosques of Bilal and Al-Nasir Salah Addein.

The protesters marched  while chanting slogans condemning the homicides perpetrated against the Syrian people.  They demanded the toppling of the Syrian regime and made calls for freedom and dignity for the Syrian people.

Suddenly, four armoured vehicles, affiliated with the regime’s army, arrived and opened machinegun fire at the protesters.  They killed eight within the first few minutes, and proceeded to target anyone who tried to aid them.  Paramedics and locals confirmed that most of the gunshots were to the head and the chest.

**WARNING: VIDEO BELOW CONTAINS GRAPHIC IMAGES**

Bodies of a father and son who were victims of the massacre.  The son is 15 years old, his father was killed as he tried to treat his dying son.

Inkhel Massacre | 21 June 2012

The Syrian regime 15th brigade shelled the city of Inkhel, in the Daraa governorate to the south of Syria, around 5:00 a.m. for three continual hours.  The shelling killed six citizens and injured many others.  Those critically injured are now in danger as there is a severe medical supplies shortage.

The events of Inkhel followed the pattern of all the earlier massacres.  First came random shelling in order to terrorize the residents, then the regime’s army began a land incursion with tanks surrounding the city and armoured vehicles raiding the area using large numbers of infantry, security forces, and snipers.

Next came the house raids during which extra judicial executions were carried out against three citizens.  Four others were slaughtered with knives, in a manner similar to the massacres in Idleb and Homs which were duly documented earlier. In addition, snipers stationed in the city killed two and injured at least thirteen others.

Around 10:00 a.m., once the shelling and raids were over, the residents prepared the victims for burial.  As the funeral procession was heading to the cemetery, the army and security forces killed three of the mourners.  This additional monstrous act was done because the mourning families chanted anti-regime slogans due to the rage they felt over the deaths of their family members.  These final killings make the death toll of the massacre stand at 18 victims, including one woman.

Houses are destroyed from the shelling attacks that began the Inkhel massacre.

Douma Massacre | 21 June 2012

In its constant attempts to crush the revolution and its strongholds, the Syrian regime sent dozens of tanks and an estimated 7,000 troops of military reinforcements to the city of Douma, just east of Damascus.  The shelling started around 9:00 am and lated until late at night.  The city came under shelling from all directions due to the circular position of tanks.  Near Mesraba Bridge, in the southern area the city, no less than 25 tanks were stationed.  In addition, heavy artillery, positioned a ways from the city, also participated in the shelling.  The heavy artillery was positioned inside the vehicles administration department, affiliated with the Syrian army, and near Dahiyet al-Assad bridge, to the west of Douma.

Various types of weaponry and ammunition were used ranging from mortar shells to 1.5 meter-long rockets which helps to explain the large number of casualties and wounded.  Thirty-four people were killed in this horrific massacre including three bodies that were completely burned due to artillery shelling.  Moreover, no less than 135 were wounded, including nine who were in very critical conditions.  Further, a very large exodus was observed in the area, with an estimated 150,000 people fleeing the city.  Those residents who remained sought refuge in basements and shelters.

Shelling was concentrated on the neighbourhoods of Al-Masaken, Al-Humeira, the perimeter of the Great Mosque, and even reached the Al-Hijariya neighbourhood.

A state of panic and terror prevailed, particularly among the children, as helicopters hovered over the city.  In the meantime, the Syrian government also cut off the water and power supplies as well as  all communications.  Medical services and supplies were extremely scarce due to the regime’s forces surrounding the city and preventing wounded people from leaving; as well as doctors from entering the city.

We have been able to document 34 victims by collecting their names and filming a video for each victim.  The victims include Mohammad Al-Nabulsi, a paramedic of Douma, who was killed while trying to rescue some of the wounded people.  Also among the casualties were a young woman and a Palestinian young man.

 Muhammad Ahmad al-Nabulsi, a paramedic volunteer.  He was killed by a mortar while treating the wounded.

 

All information and videos contained in this report provided by:

Syrian Network for Human Rights

ICTJ In Focus June 2012 Issue 21

ICTJ In Focus June 2012 Issue 21

Senator McCain Calls Upon President Obama to Apply Aggressive New Sanctions Designed to Combat Terrorism to the Russian Organized Crime Group Who Murdered Sergei Magnitsky

Press Release
Hermitage Capital

26 June 2012 – Today U.S. Senator John McCain called on President Obama to invoke Executive Order 13581 against the Klyuev Organized Crime Group in Russia connected to the murder of whistle-blowing lawyer Sergei Magnitsky. Executive Order 13581 was signed by President Obama in July last year and allows the President to “proscribe” organized crime groups using the same tools that the US Government currently uses against terrorist organizations.

“I write to you today to request that you begin a process to determine whether to designate and impose sanctions, under the Executive Order 13581, against a dangerous transnational criminal organization known as the “Klyuev Group ,” said Senator McCain in the letter.

“Public information, much of it uncovered by Mr. Magnitsky himself before his arrest in Russia in 2008, suggests that the Klyuev Group has colluded with senior Russian officials to engage in bribery, fraud, embezzlement, company thefts, and other serious financial crimes…Activities of the Klyuev Group appear to put the U.S. and international financial systems at serious risk of abuse,” said Senator McCain.

Designating the Klyuev Organized Crime Group (“KOCG”) as a significant criminal organisation posing a US national security threat means that all assets and property of any member of the KOCG will be blocked, and no US person is allowed to do business with them, or with anyone who does business with them anywhere in the world.

According to independent investigations, the KOCG is a major Russian criminal organization that has been involved in fraud, murder, international money laundering, as well as financing and supplies to the Mexican Sinaloa drug cartel and weapons trafficking involving North Korea and Iran (http://www.canberratimes.com.au/national/inside-the-shell-drugs-arms-and-tax-scams-20110514-1enkz.html).

In spite of numerous filings with Russian law enforcement agencies, the KOCG’s operations continue within Russia unrestrained which lead to the group being referred to as the “untouchables”.

The KOCG came to prominence when they were exposed for stealing $230 million from the Russian treasury and torturing and then killing anti-corruption lawyer Sergei Magnitsky.

The KOCG involves members of the criminal gangs from former Soviet Union, ranking members of the Russian secret service, police, judges, and tax officials, and has international connections to illicit networks and shell companies in Panama, Moldova, Cyprus, Latvia, Switzerland, UK, and New Zealand.

According to a new investigative video, “The Magnitsky Files” and filings in various jurisdictions, the Klyuev Group is extremely powerful and has embezzled and laundered around $800 million through the international banking system and is reported to be responsible for violent crimes, kidnapping, extortion and deaths.

The significance of proscribing the KOCG is that anyone lending any type of support or assistance or financing to it will be subject to the same kind of U.S. sanctions.

“Basically, applying this executive order to the Klyuev crime group would put them in the same category as Al-Qaeda. It is an extremely strong measure and will seriously curtail their criminal business,” said a Hermitage Capital spokesman.

Senator John McCain has requested President Obama to use the presidential powers under the Executive Order 13581 which is designed specifically to curtail the activities of significant criminal organisations whose operations are inter-twined with foreign governments.

“Such organizations are becoming increasingly sophisticated and dangerous to the United States; they are increasingly entrenched in the operations of foreign governments and the international financial system, thereby weakening democratic institutions, degrading the rule of law, and undermining economic markets,” says the U.S President’s Executive Order Executive Order 13581.

Sergei Magnitsky, a 37-year old Russian lawyer who was investigating the money laundering by the KOCG, was falsely arrested, tortured and killed in police custody two and a half years ago. His killers have not been brought to justice in Russia.

The Executive Order 13581 was signed by U.S. President Barak Obama on July 24, 2011 to address “the activities of significant transnational criminal organizations” posing national threat.

The term “significant transnational criminal organization” means a group of persons, that

  1. includes one or more foreign persons;
  2. engages in an ongoing pattern of serious criminal activity involving the jurisdictions of at least two foreign states; and
  3. threatens the national security, foreign policy, or economy of the United States.

 

For further information please contact:

Hermitage Capital

Phone:             +44 207 440 17 77
E-mail:             info@lawandorderinrussia.org
Website:          http://lawandorderinrussia.org
Facebook:       http://on.fb.me/hvIuVI
Twitter:            @KatieFisher__
Livejournal:     http://hermitagecap.livejournal.com/