REACH SAMBATH -- HERO IN MY HEART by Ker Munthit

This week, many of us, Cambodians and foreigners alike, find ourselves having a big lump in our throats as we come together to mourn the death of our dearest friend: Reach Sambath. His passing breaks our hearts and leaves us asking: is it real? We have just lost a rare breed of journalist in Cambodia, a professional journalism trainer, a very close friend and a dedicated pursuer of justice in the Khmer Rouge crimes.

I happened to know Sambath in 1992. Cambodia was still pretty much in turmoil. We both were apprentices of journalism, constantly chasing stories - big, small and odd - and trying to get the "scoop." Sambath often scooped everyone else, including me. As time went by so our friendship grew stronger, both professionally and personally. I wish I could recount all the memories that we shared in our career, but because of how difficult it is to write this recollection, let me just share some of them.

In late March or early April 1994, when the government's troops captured Pailin from the Khmer Rouge, Sambath and I joined a bunch of journalists and foreign military attaché in trekking through the jungle (very dense then) from Battambang province to Pailin. We wanted to witness the victory with our own eyes and to report on it for our respective organizations. It was late in the afternoon and raining. Pailin was nowhere in sight. We were wet and cold. As we stopped to camp out for the night, I tried to open a sardine can to eat with bread for dinner. My hand slipped, and I accidentally cut my finger. Sambath said to me: "You can just urinate on the wound to stop the bleeding." I did - and the bleeding ceased. After dinner we jumped into our respective hammocks, hung between trees, to sleep. Sambath brought his own hammock from home but I did not and I ended up renting one from a soldier's wife for $15 for the night. It was outrageously expensive, but I had no choice. I was shivering. Sambath gave me more advice: "Put your hands under your pants and between your legs to get warmed up." I did and it worked - I fell asleep. At dawn we got up, packed our gear and continued our journey to Pailin - on foot. In the jungle, we came across abandoned rifles, bullets and rocket launchers. We could have stepped on land mines too since this was part of the frontline zone, but luckily all of us reached the destination safely. We got there 12 hours later completely exhausted. We woke up the next day to rumble through Pailin to do reporting.

There was never a shortage of big items to cover. Another was a protest against toxic waste dumping in Sihanoukville (now Preah Sihanouk province), in around December 1998. Local residents were fleeing for fear of the impact of the waste on their health. Many others were marching in protest through the town. We followed them wherever they went to make sure that we wouldn't miss any interesting episode. When the crowd approached a house of a senior local official, a man started unleashing bullets from his machine gun into the air. The sound was deafening. The crowd ran for their lives. Sambath and I jumped on a motorbike taxi to flee. At a local government office far away from the shooting scene, we stopped to catch our breath. Sambath apparently didn't know that something had gone wrong with his outfit as we were running for safety. Only when he sat down at this latest location did he realize that the rear side of his pants was ripped apart, revealing his underwear. We laughed!

It may sound strange to talk about what seems to be funny at a time of enormous grief. But I want to share the lighter moments that enriched our bonds with Sambath. As we grieve, we also celebrate his life achievements by cherishing all the memories, big and small, that we have experienced with him. They will stay with us forever and also remind us of the man whose generous and open heart, professionalism and integrity had an enormous impact on so many people from different walks of life: politicians, friends, journalists, students, relatives - you name it. No word can fully describe the larger-than-life Reach Sambath. He now rests in peace - and he will be missed profoundly.

Ker Munthit is a former journalist for the Associated Press and a friend to Reach Sambath for the past 20 years. He and Sambath attended the Columbia University School of Journalism together, graduating in 2001. He currently lives in Phnom Penh.



http://www.phnompenhpost.com/index.php/2011051349066/National-news/cayley-in-the-crosshairs.html

Cayley in the crosshairs
FRIDAY, 13 MAY 2011 15:03 JAMES O’TOOLE

The Khmer Rouge tribunal’s investigating judges are considering initiating contempt-of-court proceedings against British co-prosecutor Andrew Cayley, a move observers said would deal a potentially critical blow to the reputation of a court already hobbled by allegations of political interference.

A source at the court said yesterday that co-investigating judges Siegfried Blunk and You Bunleng were “seriously” considering the move in relation to Cayley’s disclosure earlier this week of details of their investigation in the court’s third case.

The judges announced the conclusion of this investigation last month, though they provided no details about the case to the public, including the crime sites being investigated and the identities of the suspects, over the course of their work.

On Monday, Cayley therefore took the unique step of issuing his own statement detailing crime sites in the investigation and inviting victims to join the case as civil parties, as the judges had not done.

As he is permitted to do under court rules, Cayley also said he would request that the judges perform a series of additional – and seemingly basic – investigative steps in the case that had not been undertaken. These steps included the examination of potential crime scenes and the interviewing of the suspects, who were not even questioned by the judges over the 20 months that the investigation was open.

The identities of these suspects remain officially confidential, though court documents reveal them as former KR navy commander Meas Muth and air force commander Sou Met.

Yesterday, it emerged that rather than focusing their energies on these two former cadres, the judges were instead contemplating the initiation of contempt-of-court proceedings against Cayley himself.

“These proceedings are being seriously considered by the co-investigating judges,” a source at the court said yesterday, speaking on the condition of anonymity.

Under the rules of the tribunal, the judges may handle such proceedings internally or refer the matter to domestic authorities or the United Nations. The potential penalty facing Cayley was thus unclear yesterday, though any punishment handed down against him would almost certainly result in his departure from the court.

United Nations court spokesman Lars Olsen said yesterday that he had no information on the matter.

“The general principle is that the court will never make a comment about whether or not it is considering certain judicial decision,” he said.

Case 003 and the still-pending Case 004 have run up against stiff opposition from Cambodian officials, with Prime Minister Hun Sen declaring last year that they “will not be allowed”. The
limited investigation in the third case and the concealment of information about it has fuelled allegations that the judges have planned its dismissal in advance in the face of such pressure.

Proceedings against Cayley could have a potentially devastating impact on the legacy of a court set up with the goal of providing a model to the Cambodian justice system, said Clair Duffy, a trial monitor with the Open Society Justice Initiative.

“The really concerning thing about this kind of action is what it says about the potential repercussions for someone fulfilling an obligation and acting independently,” she said. “The example is that someone seeking to act with integrity but running contrary to political whims will be punished.”

Copyright © 2011 The Phnom Penh Post. All Rights Reserved.

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http://www.eccc.gov.kh/en/articles/frequently-asked-questions-about-case-003

Frequently asked questions about Case 003
Posted 3 days ago Updated 3 days ago
This document has been prepared by the ECCC Public Affairs Section for the purpose of providing the general public information about the ongoing judicial proceedings. It is not an official document.

What does it mean when the Co-Investigating Judges issued a notice of conclusion of investigation in Case 003?
The issuance of a notice of conclusion of investigation is a procedural step, where the Co-Investigating judges formally notify the parties and the public that they consider the investigation initiated by the Co-Prosecutors Introductory Submission to be concluded.

Any victim who wishes to apply to become a civil party must submit an application within 15 days after the notice of conclusion of investigation. With regards to Case 003 the deadline is 18 May 2011.

Does the notice of conclusion mean that the case is closed, and that a decision on whether or not the case will be sent for trial has been made?
No, the notice is a procedural step, not a substantive judicial decision. Following the notice of conclusion of investigation, the Co-Prosecutors have 15 days to request any further investigative action they may deem necessary.

If the Co-Prosecutors request further investigative action, the Co-Investigating Judges must either carry out the requested investigative action or reject the request through a reasoned judicial decision.

What happens if the Co-Investigative Judges reject request(s) for further investigative action?
The Co-Prosecutors can appeal a rejection from the Co-Investigating Judges to the Pre-Trial Chamber within 30 days after a decision has been made by the Co-Investigating Judges.

The Pre-Trial Chamber has through its jurisprudence established that Co-Investigating Judges have broad discretion to decide requests for investigative actions, and the Pre-Trial Chamber can only overturn their decision if the appellant can demonstrate that the decision made by the Co-Investigating Judges was based on grave errors .

What happens after requests for investigative actions have been carried out or rejected, or in case of appeals, when all appeals have been decided by the Pre-Trial Chamber?
The Co-Investigating Judges will transfer the case file to the Co-Prosecutors, who will have 3 months to make their Final Submission to the Co-Investigating Judges. The Co-Prosecutors may in their Final Submission either request the Co-Investigating Judges to make indictments and send a case for trial, or to dismiss the case.

What happens after the Co-Prosecutors have made their Final Submission?
The Co-Investigating Judges, who are not bound by recommendations in the Co-Prosecutors’ Final Submission, will issue a Closing Order. By definition, the Closing Order could be an Indictment sending the case for trial or a Dismissal Order, which would close the case.

Is there any possibility to appeal the Closing Order?
Yes, the Co-Prosecutors can appeal both kinds of Closing Orders to the Pre-Trial Chamber.

Why have the Co-Investigating Judges not provided more information to the public about Case 003?
Investigations before the ECCC are confidential by law. This is to protect both the integrity of the investigation, and to protect the presumption of innocence.

The legal system applied at the ECCC is based on a two-tiered system:
1. The investigations are confidential
2. If the investigations lead to indictments and trial, the trial will be conducted in public.

How can the public trust that the investigation is credible and impartial when only limited public information has been made available?
Investigations are confidential by law and the sole responsibility of the Investigating Judges. The public has no say in the investigations, and the public is not party to them. The Co-Prosecutors, representing the public interest, have as a party to the investigation an ample opportunity to examine whether the investigations were “credible and impartial” after the case has been forwarded to them, which has to be done on 2 occasions (during one of them, they can examine the investigations for a full 3 months before making their Final Submission).

When the whole investigative process has been completed, the Co-Investigating Judges will issue a Closing Order, which will either send the case for trial, or dismiss the case for lack of evidence or jurisdiction. The Closing Order will be a reasoned judicial decision, which will be made public. This way anyone can scrutinize and assess the work conducted by the Co-Investigating Judges.

In Case 002, information on the scope of investigation was released prior to the notice of conclusion of investigation. Why was no information on the scope of the investigation in Case 003 released before the notice of conclusion of investigation?
The situation in Case 003 is different to that in Case 002. By the time the scope of the investigation in Case 002 was made public, all defendants had been arrested and charged with crimes, and the investigation had been ongoing for more than two years while the defendants were held in provisional detention. In such a situation the Co-Investigating Judges found that to release limited information about the scope of investigation would not compromise the investigation.

In Case 003 no one has at this point been formally charged with crimes or been arrested. Consequently, it would be difficult to make public the scope of investigation without incurring the risk of compromising the future legal process of this case.

Are the names of alleged suspects in Cases 003 and 004 reported in media correct?
By law, it is only the Co-Investigating Judges who can release information about the investigation to the public, including the name of defendants. The Co-Investigating Judges are the only official channel of information, so any other information alleged by named persons or anonymous sources should not be treated as facts.

The names of the alleged suspects in Case 003 and 004 reported in the media are therefore speculative.

Why has the ECCC not actively invited Civil Parties to submit their applications in Case 003?
The experience from Case 002 showed that a substantive number of the Civil Party applicants were deemed by the Co-Investigating Judges to fall outside of the scope of investigation, and hence their applications were rejected. Most of the rejected Civil Party Applications had been filed before the scope of the investigation had been made public.

Since the scope of investigation in Case 003 at this point has not been made public, it would be a risk that most Civil Party Applications filed would fall outside of the scope of the investigation. To encourage the filing of Civil Party Applications in a situation as such, could potentially lead to the creation of unrealistic expectations for victims who might want to file an application to become a Civil Party.

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9 May 2011

PRESS RELEASE

STATEMENT BY THE INTERNATIONAL CO-PROSECUTOR

REGARDING CASE FILE 003

The International Co-Prosecutor, Andrew Cayley, makes this public statement pursuant to ECCC Internal Rule 54, to ensure that the public is duly informed about ongoing ECCC proceedings, and in particular with regard to the International Co-Prosecutor’s Introductory Submission in Case File 003. In providing this information the interests of victims and witnesses, the rights of suspects, and the requirements of the investigation have been taken into account, as required under the Rules.

Following directions given by the Pre-Trial Chamber, on 7 September 2009, the International Co-Prosecutor submitted to the Co-Investigating Judges two Introductory Submissions opening judicial investigations into various crimes in Cases 003 and 004. These submissions named a total of five (5) suspects who the Co-Prosecutor believes are responsible for the alleged crimes and fall within the jurisdiction of the ECCC. Under the ECCC Internal Rules, the Co-Investigating Judges are required to investigate the criminal allegations contained in these submissions.

The Case 003 Introductory Submission addresses alleged crimes of murder, extermination, torture, unlawful imprisonment, enslavement, persecution and other inhumane acts. If proven, these acts would constitute crimes against humanity, grave breaches of the Geneva Conventions and violations of the 1956 Cambodian Penal Code.

Crimes required to be judicially investigated as part of Case 003 took place at several crime sites and criminal episodes covered by Case 002, including the S-21 Security Centre, the Kampong Chhnang Airport Construction Site, purges of the East, Central and New North Zones, and incursions into Vietnam, as well as the following new crime sites and criminal episodes:

(1) S-22 Security Centre in the Phnom Penh area;

(2) Wat Eng Tea Nhien Security Centre in Kampong Som Province;

(3) Stung Hav Rock Quarry forced labour site in Kampong Som Province;

(4) Capture of foreign nationals off the coast of Cambodia and their unlawful imprisonment, transfer to S-21 or murder; and

(5) Security centres operated in Rattanakiri Province.

On 29 April 2011, the Office of the Co-Prosecutors received notification that the Co-Investigating Judges considered the investigation in Case 003 to be concluded. Having carefully reviewed the Case File, the International Co-Prosecutor intends to request further investigative actions regarding the alleged crimes, within the 15 day period specified in ECCC Internal Rule 66 (1). Among other things, the International Co-Prosecutor will request the Co-Investigating Judges to:

1. Summon and question the suspects named in the Case File 003 Introductory Submission, and notify them that they are under investigation;
2. Interview additional individuals who have been identified as potential witnesses thus far;
3. Interview or re-interview witnesses identified in Case File 002, focusing on the specific allegations contained in the Case File 003 Introductory Submission;
4. Examine further the crime sites (including by searching for mass grave locations);
5. Place additional evidence on the Case File, including by transferring further evidence from Case File 002 to Case File 003; and
6. Further investigate the involvement of the Case 003 suspects in the crimes, including the transfer of prisoners under their control to S-21, their receipt of “confessions” taken from prisoners murdered at S-21, and their involvement in further arrests.

The International Co-Prosecutor will request these actions as he is of the view that the crimes alleged in the Introductory Submission have not been fully investigated. He has a legal obligation under the Internal Rules and the Law of the ECCC to identify and request all reasonable investigative actions which should be taken by the Co-Investigating Judges before a decision is made as to the whether or not any individuals should be indicted and sent for trial.

Notification to Potential Civil Parties in Case File 003

Pursuant to Internal Rule 23bis, individuals who wish to apply to become Civil Parties in Case File 003 must submit applications no later than 15 days from the date on which the Co-Investigating Judges notified the Co-Prosecutors that they consider the investigation to be concluded. Applying the relevant legal provisions, the International Co-Prosecutor is of the view that the deadline for Civil Party applications now falls on Wednesday, 18 May 2011 at 4 pm.

Considering that the crime sites under investigation have not previously been made public, the International Co-Prosecutor will request the Co-Investigating Judges to extend the deadline for a further six weeks in order to allow reasonable time for victims to submit Civil Party applications. However, at present, the only guarantee that a Civil Party application will be considered by the Co-Investigating Judges is by having it filed by 18 May 2011 at 4.00pm. In the event that the Co-Investigating Judges extend the deadline the public will be notified.

Under Internal Rule 23bis (1) and Article 3.2 of the Practice Direction on Victim Participation, a victim is defined as a natural person or legal entity that has suffered physical, material or psychological injury as a direct consequence of at least one of the alleged crimes.

Victims wishing to apply should contact the ECCC Victims Support Section, fill out and file a Victim Information Form this week. The office is open Monday to Friday except on public holidays. The address is:

Victims Support Section, Extraordinary Chambers in the Courts of Cambodia
National Road 4
Chaom Chau, Dangkao
PO Box 71
Phnom Penh, Cambodia

Town office:
House No. 6A
Street 21, Sangkat Tonle Basac I, Khan Chamcarmon
Phnom Penh, Cambodia.
Phone: 023 214 291; or 097 742 4218 (helpline)

Notification to Potential Complainants in Case File 003

Individuals in possession of information regarding the crimes under investigation may submit that information to the Co-Prosecutors. Under Rule 49 (2), complaints or information may be lodged with the Co-Prosecutors by any person, organisation or other source who witnessed or was a victim of the alleged crimes, or who has knowledge of the alleged crimes.

Rule 49 places on the Co-Prosecutors an ongoing duty to evaluate complaints or information alleging commission of crimes within the jurisdiction of the ECCC. Where the Co-Prosecutors receive complaints or information relevant to an ongoing judicial investigation, they may forward such complaints or information to the Co-Investigating Judges to be placed on the case file as evidence. Complaints or information may be submitted through the Victims Support Section, or to the Office of the Co-Prosecutors directly. While there is no specified deadline for the filing of complaints, the International Co-Prosecutor encourages victims or witnesses who wish to make a complaint about the crimes described in Case File 003 to do so as soon as possible.

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10 May 2011
PRESS RELEASE

STATEMENT BY THE NATIONAL CO-PROSECUTOR REGARDING CASE FILE 003

The National Co-Prosecutor, CHEA Leang, makes this public statement pursuant to ECCC Internal Rule 54 regarding Case File 003.

In view of the first preliminary investigation by the International Co-Prosecutor and the latest investigation leading to the closure of investigation by the Co-Investigating Judges, the National Co-Prosecutor thoroughly examined and maintained that the suspects mentioned the Case File 003 were not either senior leaders or those who were most responsible during the period of Democratic Kampuchea.

In accordance with the Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea (the “ECCC Law”) and the preamble of the Agreement between the United Nations and the Royal Government of Cambodia concerning the Prosecution under Cambodian Law of Crimes Committed during the Period of Democratic Kampuchea (“UN-RGC Agreement”) dated 18 December 2002 and the recognition by the United Nations General Assembly of the legitimate concern of the Royal Government of Cambodia and the people of Cambodia in the pursuit of justice and national reconciliation, stability, peace and security, the selection of two categories of suspects were made: senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of the Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia, that were committed during the period from 17 April 1975 to 6 January 1979.

Further, the National Co-Prosecutor opines that priorities should be given to the prosecution of the Accused in the custody of the ECCC Detention Facility. In light of the UN-RGC Agreement and the ECCC Law that envisaged the prosecution of a limited number of people.

For the reasons given, the National Co-Prosecutor maintains that the named suspects in Case File 003 do not fall within the jurisdiction of the ECCC to be brought to trial and that the Tribunal’s mandate can be adequately fulfilled through the prosecution of the Accused persons in the ECCC Detention Facility.

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11 May 2011
Press Release
Chief of Public Affairs of the ECCC passed away

Further to the press release earlier today, we sadly confirm that Mr. Reach Sambath, Chief of the Public Affairs Section of the ECCC, passed away at 8:45 pm at the Calmet Hospital. He was 47 and survived by his wife and 3 childrens.

Our deep condolences lie with his family at this difficult time.

For more information, please contact:
Lars Olsen
Legal Communications Officer
Mobile: +855 (0) 12 488 023
Land line: +855 (0) 23 219 814 ext. 6169
Email: olsenl@un.org

Dim Sovannarom
Press Officer
Mobile: +855 (0) 12 488 094
Email: dim.sovannarom@eccc.gov.kh

Yuko Maeda
Public Affairs Officer
Mobile: +855 (0) 12 488 319
Land line: +855 (0) 23 219 814 ext. 6139
Email: maeday@un.org


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