Judges called to task for failure to defend the defence

On 2 August 2016, a prosecution expert lashed out at the Defence while being cross-examined at the ECCC.  The judges of the trial chamber sat silent.  In an opinion piece published 8 August 2016 in The Cambodia Daily, Michael G. Karnavas takes the judges to task for their complicit passivity.


Apathy Signals Open Season on Defense Lawyers in Case 002

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On August 2, 2016, Henri Locard, testifying as an “expert” in Case 002, lashed out at Khieu Samphan’s lawyer, Anta Guisse, claiming to have been put under “cold torture” the previous day when examined—“Historian Accuses Tribunal Lawyers Of ‘Cold Torture,’” (August 3).

The reference to cold torture, for those who have not followed the trial, is about one of the methods employed by Kaing Guek Eav, better known as Duch, at S-21, or Tuol Sleng, in extracting confessions. Mr. Locard then went on to say that if Ms. Guisse continued to apply cold torture, after three days maybe he would gift his persona to Angkar, implying that the questioning was a form of re-education to conform his thinking to that of the Democratic Kampuchea regime. Continue reading “Judges called to task for failure to defend the defence”

Cambodia Daily publishes Karnavas rebuttal to defence of US Senate’s ECCC interference

On 6 July 16 The Cambodia Daily published a commentary by Michael G. Karnavas, entitled Inducing Case 003 Outcome: US Purse Strings Wielded as a Whip.  Heather Ryan, a consultant to the Open Society Justice Initiative, responded in a commentary, Tribunal Is Tainted by Political Interference, but Not From US, published on 12 July 16.  Mr. Karnavas replied in the following commentary, Consultant’s Analysis of US Senate Bill Cherry-Picks Facts, published on 13 July 16.


Consultant’s Analysis of US Senate Bill Cherry-Picks Facts

BY MICHAEL KARNAVAS | JULY 13, 2016

In an op-ed published on Tuesday—“Tribunal Is Tainted by Political Interference, but Not From U.S.”—Heather Ryan, a consultant to the Open Society Justice Initiative, responded to my commentary concerning U.S. Senate Appropriations Committee bill S.3117, wherein I asserted that the Senate is effectively engaging in political interference, impliedly calling on the co-investigating judges to indict my client, Meas Muth. Continue reading “Cambodia Daily publishes Karnavas rebuttal to defence of US Senate’s ECCC interference”

Cambodia Daily publishes Karnavas commentary on US Senate pressure on ECCC to indict in Case 003

On 6 July 2016, The Cambodia Daily published a commentary by Michael G. Karnavas on US Senate Appropriations Committee Bill S.3117.1section 7043(c)(2  The bill, as explained in the Committee’s Report, seeks to tie US funding of the ECCC to the indictment of Mr. Meas Muth in Case 003. Mr. Karnavas calls out the bill’s drafters on their disregard for international standards of justice and respect for the rule of law, and for their lack of understanding of the very procedural rules with which they seek to tamper.


Inducing Case 003 Outcome: US Purse Strings Wielded as a Whip

BY MICHAEL KARNAVAS | JULY 6, 2016

Last Wednesday, the U.S. Senate Appropriations Committee approved a bill: S.3117. Buried 221 pages into that bill is a provision that would stop U.S. contributions to the Extraordinary Chambers in the Courts of Cambodia unless the U.S. secretary of state certifies and reports to the committee that the ECCC “will consider Case 003.” Continue reading “Cambodia Daily publishes Karnavas commentary on US Senate pressure on ECCC to indict in Case 003”

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Recent Events: Geneva meeting on Defence Offices at the International Criminal Courts; Skopje evidence training

 

Geneva meeting: Defence Offices at the International Criminal Courts

On 22 and 23 October 2015, Michael G. Karnavas participated in the Third International Meeting of Defence Offices at the International Criminal Courts in Geneva, Switzerland.

During a Round Table session on the Overview of the issues faced by the defence before the international criminal courts, Karnavas addressed the lack of meaningful right to counsel in seeking post-conviction relief at the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) which have phased into the Mechanism for International Tribunals (MICT). According to the MICT Registry, it will only grant legal aid for post-conviction issues in exceptional circumstances and only after a judicial order. Former Accused and convicted persons may engage pro bono Counsel to represent them before the MICT. The absence of an entitlement to legal assistance does not prevent the MICT from assisting convicted persons in obtaining Counsel to assist with post-conviction matters and the Registry is therefore currently establishing a list of pro bono Counsel. As Karnavas bluntly explained: If Defence Counsel want to work for free, MICT will let them, although MICT will not even promise to appoint that Counsel if there is an issue that warrants appointment.  Ludicrous. Continue reading “Recent Events: Geneva meeting on Defence Offices at the International Criminal Courts; Skopje evidence training”

Karnavas delivers ethics keynote in The Hague

imageOn November 8, 2014, the Association of Defence Counsel Practising Before the International Criminal Tribunal for the Former Yugoslavia (ADC-ICTY) held an ethics training in The Hague, The Netherlands.  Program attendees included ADC-ICTY members, interns and staff, as well as defence team members from the International Criminal Court (ICC) and the Special Tribunal for Lebanon (STL), staff of the ICTY/ICTR/MICT Registry, Prosecution and Chambers, and students from various universities around The Hague.  The Keynote address, which appears below, was delivered by Michael Karnavas. Continue reading “Karnavas delivers ethics keynote in The Hague”

Karnavas critiques DeFalco article on “most responsible” at the ECCC

The ECCC has jurisdiction over “senior leaders of Democratic Kampuchea and those who were most responsible” for certain crimes within the ECCC’s jurisdiction. 1Agreement 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, 6 June 2003, Preamble. Randle DeFalco’s article Cases 003 and 004 at the Khmer Rouge Tribunal: The Definition of “Most Responsible” Individuals According to International Criminal Law, concludes that the suspects in Cases 003 and 004 fall within the meaning of “most responsible” and that the only legally sound option is to bring the cases to trial.

According to Michael G. Karnavas:

DeFalco’s analysis is result-determinative and based on the premise that if the suspects are not found “most responsible” there will be no other trials and the suspects would escape criminal responsibility. Although DeFalco’s basic approach to determine the meaning of “most responsible” is sensible, through his analysis he commits several errors that lead him to his pre-determined conclusion. DeFalco’s conclusions are unsurprising when considering his association with Documentation Center of Cambodia (“DC-Cam”) and interest in verifying its pre-determined conclusion that genocide and crimes against humanity occurred in Cambodia.

Click here to read Karnavas’ full critique of DeFalco’s arguments, which has been submitted to DC-CAM for publication.

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Associated Press quotes Karnavas on eve of Khmer Rouge verdict


photogallery6-michael-courtroom-18-jul-12-3On the eve of the Khmer Rouge Tribunal Trial Chamber’s pronouncement of the judgement in Case 002/01 against KHIEU Samphan and NUON Chea, the Associated Press asked experts, including Michael Karnavas, to discuss the significance of the trial.

Read the story:  With verdicts due, experts explain importance of trial of Cambodia’s Khmer Rouge leaders

Karnavas files ECCC Amicus on Geneva Conventions Statute of Limitations

geneva-convention_1864
First Geneva Convention – 1864

On 14 May 2014 Michael G. Karnavas and Co-Lawyer ANG Udom filed an Amicus Curiae Brief urging that the ECCC is unable to exercise subject matter jurisdiction over grave breaches of the Geneva Conventions because those crimes are subject to a 10-year statute of limitation, which has expired for crimes committed from 1975-79.  Read the brief here.

Karnavas article published in The Cambodia Law and Policy Journal

CLPJ_ISSUE_01_JANUARY_2014-1_CoverThe inaugural issue of The Cambodia Law and Policy Journal, Issue 01, January 2014, p. 29, has published an article by Michael G. KarnavasBringing Domestic Cambodian Cases into Compliance with International Standards – Applicability of ECCC Jurisprudence and Procedural Mechanisms at the Domestic Level. Continue reading “Karnavas article published in The Cambodia Law and Policy Journal”

The Cambodia Daily Publishes Karnavas Op Ed: KRT Judges Maintain Pretense of Interest in Next Mini-Trial

KRT Judges Maintain Pretense of Interest in Next Mini-Trial

– December 16, 2013

By Michael G. Karnavas

During the Extraordinary Chambers in the Courts of Cambodia’s (ECCC) Trial Management Meeting on Case 002, held December 11 and 12, the Trial Chamber entertained us with a marvelously farcical tragedy: Nothing ado about much, or, Why there will not be a Case 002/02, although we will pretend there will be one to keep hope alive.

It was captivating to see (and hear) how the judges came armed with all the answers as to why they could not possibly begin to hear evidence in Case 002/02 (as if they had even figured out what segments of Case 002 would even be heard) before completing the judgment in Case 002/01.

Where have they been, and what have they been doing? When did this occur to them? Why was this issue not addressed during the protracted (albeit belated) hearings on the legitimacy of the severance of Case 002? Why the pretense of this public trial management meeting? And, why delay discussing the proverbial elephant in the (court)room: When and to what extent will the next segment of Case 002 be tried?

Regrettably, this farcical comedy was about a real tragedy: The current judges of the ECCC’s Trial Chamber are not genuinely serious in trying the remaining segments of Case 002.

Continue reading “The Cambodia Daily Publishes Karnavas Op Ed: KRT Judges Maintain Pretense of Interest in Next Mini-Trial”