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审理红色高棉的战犯法庭意见分歧 本站原创 更新时间: 2011-05-14         
Prosecutors at the Khmer Rouge war crimes tribunal in Phnom Penh are at odds this week after investigating judges said they have completed their work on their third case - reportedly against two senior former military commanders. In Phnom Penh, critics accuse the government of interfering in the high-profile prosecutions.

 

金边红色高棉战犯法庭的检察官们,本星期说,他们已经完成针对两名前红色高棉高级指挥官的三号案件的调查工作,但意见分歧。金边的批评人士指责政府插手干涉这项众所瞩目的起诉案件。

The war crimes tribunal has long been split over how many former Khmer Rouge cases it should prosecute.

 

金边战犯法庭长久以来就应当起诉多少前红色高棉干部的问题,陷于分裂状态。

The international prosecutor Andrew Cayley said last year that he expected to see no more than 10 people stand trial for their alleged roles in the deaths of around two million people during the movement’s rule of Cambodia between 1975 and 1979.

 

国际检察官安德鲁·凯雷去年曾经说过,他预期为大约两百万柬埔寨人民于1975至1979年间的死亡犯下罪行而受审的人犯,不会超过十名。

But his Cambodian counterpart, Chea Leang, has opposed prosecuting more than five people. The first of those was the former security chief Comrade Duch, whom the court last year convicted of war crimes and crimes against humanity. His sentence is under appeal.

 

但是,他的柬埔寨籍同僚谢莲反对被起诉人数超过五名。第一名被起诉的是前安全首长“杜赫同志”。他于去年被法庭以战犯及违反人道罪行定罪。现在正在为他的判刑提出上诉。

The other four, who make up Case Two, are the movement’s last surviving senior leaders. Their trial is expected to start later this year.

 

其他四名属于二号案件,是这次审判活动中最后存活的资深红色高棉领导人。他们预定将于今年稍晚时候受审。

But while those cases are moving forward, the Cambodian government has long opposed prosecuting Cases Three and Four - involving the five remaining suspects.

 

虽然案情都在进展中,但柬埔寨政府长期以来反对起诉三号及四号案件中其余五名嫌疑人。

The prosecution is tasked with assessing the court’s investigation and determining whether or not there is enough evidence to proceed to trial.

 

起诉工作着重于评估法庭的调查结果,并且决定证据是否足以开庭审判。

This week international prosecutor Andrew Cayley said it is clear that much more work is needed on Case Three.

 

国际检察官安德鲁·凯雷本星期说,三号案件显然还需要进行更多的调查工作。

“If you’re asking me how much more investigation needs to be done, I would simply use the words 'a significant amount' of investigation is still left to be done in that case,” Cayley said.

 

他说:“如果你是在问我,还需要作多少调查工作?我可以简单的回答,这个案件还需要完成相当数量的调查工作。”

Cambodia remains an authoritarian country and the government’s opposition to Cases Three and Four has had a chilling effect on the tribunal’s Cambodian staff, most of whom have refused to work on the cases.

 

柬埔寨还是一个独裁国家,它的政府对三号和四号案件的反对态度,在法庭的柬埔寨籍官员中,产生了寒蝉效应。大多数柬埔寨官员因此不愿参与这两个案件的工作。

This week the investigating judges in Case Three closed their investigation and handed the case file back to the prosecution.

 

三号案件的调查庭法官们,本星期结束了他们的调查工作,将案件送回给检察官。

“I don’t consider that the investigation is concluded and I’ve asked for a number of steps to be taken including the interviewing of the suspects who are named in the introductory submission," Andrew Cayley said as he explained what work is still needed, "and a number of other steps including investigation of crime sites also originally named by the prosecution in the introductory submission, which haven’t been investigated at all.”

 

凯雷检察官解释还需要进行哪些调查工作:“我不认为调查工作已经有了结论。我已经要求再采取几个步骤,包括盘问起诉序文中提到的嫌疑人。还有其它步骤,包括对在起诉序文中提到的犯罪现场作实地勘察。这些都还没有经过调查。”

Cayley’s comments appear to confirm widespread rumors that the investigating judges did very little work on Case Three.

 

凯雷的言论,是为了证实一项传言,说调查法官对三号案件的调查工作,做的很少。

But Cayley’s Cambodian counterpart, Chea Leang, later released a press statement recommending that Case Three be closed.

 

但是与凯雷同为检察官的柬埔寨同僚谢莲,后来发布了一项新闻稿,建议结束三号案件的调查工作。

Chea Leang said she had examined the case file, and decided that the unnamed suspects were not senior leaders and were not among those most responsible for crimes committed by the Khmer Rouge - the two categories that define those whom the court can prosecute.

 

谢莲说,她查看了这些案卷,认定那些没有被指名的嫌疑人都不是高级干部,不应该为符合起诉条件的红色高棉的罪行负责。

With the Cambodian prosecutor, the government and the investigating judges all pushing to close Case Three, outside observers doubt that the prosecution will go forward.

 

柬埔寨政府、调查法官和柬埔寨籍检察官立场一致,都想促使三号案件调查工作告一结束。这使得外界观察人士怀疑,起诉能否顺利进行。

International prosecutor Andrew Cayley’s last option for Case Three is to appeal its closure to a bench of five judges. Three of the judges are Cambodian and trial observers believe the bench would likely vote to dismiss the case.

 

国际检察官安德鲁·凯雷对三号案件所能做出的最后选择,是向五名法官组成的合议庭申诉反对结案。由于这五名法官中有三名是柬埔寨籍,观察人士相信,他们的裁定很可能是将申诉案撤销。