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Monday, September 7, 2009

International Co-Prosecutor Robert Petit (Canada) resignation

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Letter by Baphuon
Originally posted online


TO:
  • Honorable, International Co-Prosecutor Robert Petit (Canada),
  • Honorable, International Co-Investigating Judge Marcel Lemonde (France),
  • Honorable, International Pre-Trial Chamber Judges: Katinka Lahuis (Netherlands), Rowan Downing QC (Australia),
  • Honorable, International Trial Court C hamber Judges: Dame Silvia Cartwright (New Zealand), Jean- Marc Lavergne (France),
  • Honorable, International Supreme Court Chamber Judges: Mr. Motoo Noguchi (Japan), Agnieszka Klonowiecka-Milart (Poland), Mr. Chandra Nihal Jayasinghe (Sri Lanka), and
  • Honorable, Head of Defense Support Section: Richard J. Rogers (United Kingdom).
CC: Honorable Ms Claudia Fenz

SUBJECT: International Co-Prosecutor Robert Petit’s Resignation

On 23 June 2009, Mr. Robert Petit (Canada), the international Co-Prosecutor of the United Nations-backed tribunal in Cambodia trying Khmer Rouge leaders accused of mass killings and other crimes three decades ago announced his resignation.

Robert Petit has stepped down on 1 September for personal and family reasons.

“I remain convinced that Cambodia’s hopes for a better future lie, in part, on true accountability for crimes, said Robert Petit.”

Robert Petit’s resignation was a big surprise for all observers. It was unwelcomed by all NGO’s community.

Mr. Robert Petit has significant experience in international criminal law. He served as a Legal Officer in the Office of the Prosecutor of the International Criminal Tribunal for Rwanda, Kigali, Rwanda, 1996-1999; Regional Legal Advisor United Nations Mission in Kosovo in Mitrovica, Kosovo from 1999-2000; Prosecutor, Serious Crimes Unit, United Nations Mission of Assistance to East Timor in 2002; Senior Trial Attorney, Office of the Prosecutor, Special Court for Sierra Leone in Freetown, Sierra Leone from 2003-2004.

The following is the chronology of the events.

December 2008, April 2009, Co-Prosecutor Robert Petit, indeed, had taken two very important decisions (1) forward the names of six more people (NORODOM SIHANOUK, HENG SAMRIN, CHEA SIM, HUN SEN, HOR NAM HONG and KEAT CHHON) to trial by the ECCC and (2) denounce the meddling of Hun Sen in ECCC. Robert Petit had a copy letter of Prime Minister Hun Sen addressed to Co-Prosecutor Chea Leang ordering Co-Prosecutor Chea Leang to stop Co-Prosecutor Robert Petit to put more people on trial.

Cambodian people applauded these two courageous and just Robert Petit decisions. But one month later, after having taken these two very important decisions, Co-Prosecutor Robert Petit resigned. It seems that something very grave was happened to Robert Petit which forced Co-Prosecutor Robert Petit abandon his very interesting mission to render justice to the victim’s families, the weak and without voice ones and forward Cambodia toward freedom and democracy through justice.

One month before his resignation it seems that Mr. Petit was pleased with his Co-Prosecutor job because he invited his wife and daughter to visit Cambodia by themselves as tourist and specially Siemreap, the city of Angkor.

Some witnesses stated that, once, Robert Petit’s wife and daughter arrived at Siemreap’s airport, they were held against their will in Siemreap city by Hun Sen’s Police agents. And rumors said, Police agent called Robert Petit to Siemreap and told him: You (Robert Petit) must stop put more people on trial. You must resign. If you don’t we will harm your wife and daughter’s life.

It started by these rumors. But some witnesses, among Hun Sen’s agents, would agree to testify if some security measures were met. Hence, it needs an investigation. The ECCC must investigate. To start, the UNAKRT or an international court or the FBI must subpoena the “witnesses” who saw Hun Sen police agents hold Robert Petit’s wife and daughter against their wills in the four-stars SOKHA Hotel (SOK KONG's Hotel) in Siemreap.

So the question is: Is-it true that Co-Prosecutor Robert Petit was threatened to resign by Hun Sen police?

The ECCC must investigate the affair of resignation of Co-Prosecutor Robert Petit.

The ECCC should build a case about Robert Petit’s resignation.

Only the ECCC or an international court, but not a Cambodian court is habilitated to judge the Robert Petit’s resignation’s case. It is a very very important issue.

If it is true that the resignation of Co-Prosecutor Robert Petit was the result of the deliberate threat on Robert Petit’s wife and daughter’s life by Hun Sen henchmen, then, the consequences on the ECCC were extremely grave. The ECCC cannot be independent because international judges, investigators, secretaries, and staff personals were all afraid of Hun Sen’s wrath. Without doubt, under these extreme Hun Sen’s menaces, the ECCC cannot deliver justice to the family’s victims. The ECCC’s verdicts would be biased in favor of Hun Sen’s policy. Especially, the local staff personals (judges, investigators, defenders, and secretaries, witnesses) will have no body to protect them when the ECCC closes its doors at the end of trial.

When the ECCC was created on June 2003 by the Royal Government of Cambodia and the UN but it will be independent of them to judge for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea, Cambodian people places all their hope in international judges because it was evident that all Cambodian ECCC’S judges, investigators and staff members would be at Hun Sen’s whim.

Cambodian people place all their hope on the expertise and the courage of the ten international co-prosecutors, judges, investigators and defender to renderer justice to the 2.7 million people who died during Kampuchea Democratic regime.

By and through the ECCC, Cambodian people even dare to hope that Cambodia would restore its sovereignty, independence and freedom.

Cambodia hopes that the ECCC will not be used as an international instance to legitimate the swallowing of Cambodia by the Republic Socialist of Vietnam because since then to these days the People Army of Vietnam (PAVN) still occupied Cambodia.

It was the PAVN which defeated the pro-occidental Lon Nol Army and not the Khmer Rouge Army as the Khmer Rouge and Vietnamese propaganda would like the world to believe.

Since PAVN has crushed Lon Nol Army, therefore, it was PAVN which appointed Pol Pot government. Therefore, PAVN infiltrated at ease in ever y echelon of Pot Pot administration their Vietnamese cadres.

For this reason, Vietnam had a big responsibility in the death of the 2.7 million Cambodian people. Pol Pot government and Hun Sen government were all appointed by Hanoi. There were so many similarities in the ways they run the country because they were trained by the same school of thoughts under Vietnamese guidance. At the end, they served all the same master Hanoi.

DC-CAM documents of YOUK CHANG are all fake.

The ECCC must investigate the authenticity of TOUL SLENG/S21 Prison’s documents, publicly known as the DC-CAM documents of YOUK CHANG. Sure, any ECCC’s verdicts will base on documents and witnesses. So the question is: All the documents and the witnesses that the ECCC will use to base its verdicts are-they authentic/true?

The DC-CAM documents of TUOL SLENG/S21 Prison were all fabricated by Hanoi. We have witnesses. We hope that the ECCC will subpoena these witnesses once the security measures for them and their families were met.

Therefore, the ECCC cannot use the DC-CAM documents or books based on DC-CAM documents, or scholar’s researches which were based on DC-CAM documents, or Hanoi Khmer Rouge documents to determine the ECCC’s verdicts.

To render justice to the 2.7 million people who died during 1975-1979 the ECCC needs absolutely a strong leadership to stop Hun Sen government to meddle in the ECCC so that the ECCC’s verdicts would be just. The real criminals must be punished and not got free and still powerful and untouchable in Hun Sen’s administration as they are today.

In April, a senior UN legal official underscored the need to address allegations of corruption surrounding the ECCC.

Assistant-Secretary-General for Legal Affairs Peter Taksoe-Jensen has submitted a provisional ethics monitoring mechanism to Cambodian Deputy Prime Minister Sok An for his consideration.

Hun Sen did nothing seriously to fight the corruption surrounding the ECCC.

The ECCC needs a new leadership, change and hope.

Baphuon
Baphuon@aol.com

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