ECCC defence says Samphan not responsible, and ADC-ICTY calls for release of Bangladesh tribunal defence team member


Samphan defence says ECCC Prosecution failed to establish individual criminal responsibility in Case 002/02: On 16 August 2016, Anita Guisse, defence for Khieu Samphan, argued before the ECCC that the prosecution in Case 002/02 has failed to establish that Samphan is individually criminally responsible. Khieu Samphan is currently on trial before the Khmer Rouge Tribunal, along with Nuon Chea, for crimes against humanity. Using evidence put forward by the prosecution, Guisse presented the case that Samphan had limited knowledge of the atrocities committed whilst he was president. In particular, Guisse argued that the prosecution has failed to present sufficient evidence linking Samphan with the Phnom Kraol security centre, where prisoners were tortured and killed. Guisse dismissed the argument that telegrams between the security centre and Samphan proved that he had knowledge of the crimes committed there. In addition, the defence pointed to evidence that there was sometimes a lack of communication between Chea and Samphan, resulting in Samphan being ‘out of the loop’. (The Phnom Penh Post)

ADC-ICTY requests release of detained ICT-Bangladesh defence team member: On 15 August 2016, the Association of Defence Counsel Practicing Before the ICTY issued a press release requesting the immediate safe release of Bangladesh International Crimes Tribunal defence team member Mir Ahmed Bin Quasem. The ADC-ICTY stated that Quasem was ‘abducted in Dhaka by law enforcement authorities without a lawful order’. Witnesses to the assumed arrest stated that no justification for the detention was given. In addition, Quasem’s current whereabouts remains unknown. The ADC-ICTY linked Quasem’s detention to suggestions that Quasem’s father, who was convicted by the Bangladesh Tribunal and is facing execution, is behind a global conspiracy against the State of Bangladesh. The ADC-ICTY denounced the detention as against the ‘Bangladesh constitution and legal framework, and those international standards to which Bangladesh is obligated to follow by being a State Party to the ICCPR and the UDHR’. (Association of Defence Counsel Press Release)

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