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Legal news from Monday, September 3, 2007 |
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Cambodia can 'terminate' genocide tribunal if ex-king prosecuted: official
Caitlin Price on September 3, 2007 1:29 PM ET

[JURIST] A Cambodian cabinet minister has said that the Cambodian government could "terminate" the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] if it "illegally" attempts to charge former King Norodom Sihanouk [official website; BBC News profile] with crimes committed during the Communist Khmer Rouge's control of Democratic Kampuchea [BBC News backgrounder] from 1975-79, according to Cambodia Daily [media website] Monday. Sihanouk was the symbolic head of state for the regime of Pol Pot until he was forced out of office in 1976. Information Minister Khieu Kanharith said that because the ECCC operates under Cambodian law [text as amended 2005, PDF], it may be disbanded if it attempts to violate the immunity granted to Norodom Sihanouk by Article 7, Paragraph 3 of the Cambodian constitution [text]. The now-retired king resumed office again in 1993 and then stepped down in 2004 in favor of his son; he has not been questioned or investigated by the ECCC, but last month a letter from the US-based rights group Cambodian Action Committee for Justice and Equality called for Sihanouk's immunity to be stripped so that he could be charged. The government immediately issued a statement rejecting the idea [People's Daily Online report], emphasizing that the issue was "clearly and definitively excluded at the time of the former king's retirement." The People's Daily has more.
The UN-backed ECCC was established in 2001 to investigate and try those responsible for the Cambodian genocide that occurred between 1975-1979 and resulted in the deaths of approximately one-third of the Cambodian population. To date, no top Khmer Rouge officials have faced trial. Last month, the ECCC brought its first charges against Kaing Khek Iev [TrialWatch profile; JURIST report], better known as "Duch", who was in charge of the notorious S-21 prison in Phnom Penh.


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China death sentences at ten-year low: high court justice
Caitlin Price on September 3, 2007 12:12 PM ET

[JURIST] Death sentences [JURIST news archive] handed down by Chinese courts were at a ten-year low in 2006 and the trend continues in 2007, according to a Chinese Supreme Court justice quoted by state media Monday. In response to wrongful convictions and international criticism, China implemented reforms [JURIST report] at the beginning of this year requiring that all death sentences be approved [JURIST report] by the Supreme People's Court [official website]. High court vice-president Jiang Xingchang [official profile] said Monday in Outlook Weekly that fewer people were sentenced to death in 2006 than at any point in the previous decade, and that the reforms have extended the declining numbers into 2007. He offered no statistics but stated that "a relatively large proportion" of death penalty cases authorized by provincial courts were not approved when reviewed by the Supreme People's Court. Reuters has more.
In April, Amnesty International reported [press release] that China continues to lead the world in executions, with 7,000 to 8,000 people believed to have been executed in 2006. In June, Chinese state media reported that during the first five months of 2007, the number of death sentences handed out in cases of first instance dropped approximately 10 percent from the same time last year. In July, the Supreme Court said that guidelines for imposing the death penalty would be standardized [JURIST report]. Last month, a Chinese Communist Party spokesperson defended the use of the death penalty [JURIST report] in political and economic corruption cases, saying it was both appropriate and effective.


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