Sok Khemara, VOA Khmer
Washington
04 September 2007
As many as 15 former Khmer Rouge leaders could face tribunal indictments, a legal expert said Monday.
Only five suspects have been forwarded from prosecutors to investigating judges, including the Tuol Sleng prison chief known as Duch.
But prosecutors have identified 10 more whose names have not been forwarded, said Hisham Mousar, a legal expert and tribunal observer for the independent rights group Adhoc.
No matter how many former leaders eventually face trial, Cambodians should not view the tribunal as an act of revenge.
Rather, the courts are a symbol of justice and a lesson to future leaders that war crimes, genocide and crimes against humanity will not go unpunished, said Mousar, speaking as a guest on "Hello VOA."
Mousar also said a recent stir over whether former king Norodom Sihanouk should be immune to tribunal proceedings was more a matter of historical interpretation of the former monarch's role.
Questions have been raised in recent days over whether a parliamentary declaration that the former king be immune to court proceedings is valid.
Only five suspects have been forwarded from prosecutors to investigating judges, including the Tuol Sleng prison chief known as Duch.
But prosecutors have identified 10 more whose names have not been forwarded, said Hisham Mousar, a legal expert and tribunal observer for the independent rights group Adhoc.
No matter how many former leaders eventually face trial, Cambodians should not view the tribunal as an act of revenge.
Rather, the courts are a symbol of justice and a lesson to future leaders that war crimes, genocide and crimes against humanity will not go unpunished, said Mousar, speaking as a guest on "Hello VOA."
Mousar also said a recent stir over whether former king Norodom Sihanouk should be immune to tribunal proceedings was more a matter of historical interpretation of the former monarch's role.
Questions have been raised in recent days over whether a parliamentary declaration that the former king be immune to court proceedings is valid.
3 comments:
All true Khmer compatriots, ladies and gentlemen,
Cambodia's had cancers that were embedded into her by China+YUONS+Vietminh-CPP-Hun Sen+all royal's crooks through traitor Sihanouk's flesh and blood, also through his YUON's wife Monique and Sihanouk’s clique.
To have a true and lasting peace for Cambodia these cancers have to be removed once for all, either by the law of ECCC-KRT or by any means, as long as the majority of true Khmers are agree with.
If these cancers remain inside Cambodia without proper treatments YUONS will continue to swallow us bit by bit every day and China will gobble the whole region without mercy toward Cambodia land and all Khmer people, with the last assistance of NORODOM SIHANOUK-HUN SEN.
KULEN MONOROM
(the rice farmer's son)
I almost appreciate the comments and the interpretations made by AHRC. However, one should note that if AHRC is to consider the Constitution of the Kingdom of Cambodia to be supreme to any other legislation in Cambodia without taking account of the stability, social, economic and political coherence and peace in Cambodia, I would like to take this opportunity to counter the AHRC arguments.
1. In the statement, AHRC stated that the law conferring special privilege upon the King was unconstitutional, and mentioned: ‘the tribunal should challenge the constitutionality of this immunity at the Constitutional Council of Cambodia’. I would say that AHRC should read again the Constitution on article 141 which states that only the King, the President of the Senate, the President of the National Assembly, the Prime Minister, ¼ of members of Senate, 1/10 of members of National Assembly or the Courts may request the Constitutional Council to review the constitutionality of passed law. Furthermore, in the same article, Khmer Citizens shall have the right to appeal against the constitutionality of any law through their representative or President of National Assembly or member of the Senate or President of the Senate, etc. Since there is unanimous consensus among all political parties (CPP, FUNCIPEC, and SRP) -- including other of the Senate, the National Assembly, the Prime Ministry, etc. -- the challenge for the unconstitutionality is not feasible and is, therefore, just a dream. The request by AHRC to have the ECCC to challenge the constitutionality of the above law is not reasonable and if it is so, it possibility to realize is unlikely to happen. Thus let the Constitutional Council of Cambodia play its roles as the interpreter of the constitutionality upon requested by those right persons (the King, Senate President, etc.), not the AHRC.
2. Again, it is wise to consider that the ECCC is born thank to the Agreement between the UN and the RGC (Royal Government of Cambodia) concerning the Prosecution under Cambodian Law of Crimes Committed during the Period of Democratic Kampuchea dated 03 June 2003. The Agreement states clearly that the General Assembly of the UN recognizes the legitimate concern of the RGC and the Cambodian people in the pursuit of justice and national reconciliation, stability, peace and security. The interpretation of any rules or laws arising from the agreement should be in consistency with its intent which is the national reconciliation, stability and peace in Cambodia. This is what the vast majority of Cambodians want, not few people who cite or make petition or statement here.
3. On merits, Samdech Sihanouk, who has been widely accepted by general Cambodians as a hero, should not be summoned to the ECCC. This merits stems from the fact that Samdech Sihanouk used to be the King of Cambodia who to enjoy the full privilege for his entire life as stated and guaranteed by the article 7 of the Constitution and as rightly pointed out also by AHRC. Therefore, a person who had resigned himself from being the King for entire life just for the sake of the continuity, stability and peace in Cambodia deserves high respect, admiration and reward rather than prosecution. One should agree that without his abdication, no politicians particularly care about the continuity of the throne and monarchy in Cambodia as proved by the fact that the law on the throne council had not been adopted at that time. This means that if Samdech would, in any case, passes away -- we don’t know when as this is of human nature-- Cambodia faces greatly potential danger without the King and the new constitution would need to be drafted. The dramatic and substantial changes in the Constitution, especially the regime, would lead to chaotic political situation and dilemma, not to mention war. Again, Cambodian people and particularly the poor would certainly suffer from this.
4. The AHRC suggests further that trials in Cambodia are no longer conducted in the name of the King, but "in the name of the Cambodian people". Again, the Agreement between the UN and the RGC concerning the Prosecution under Cambodian Law is the founder of the tribunal. From the name of the Agreement, one can know that the prosecution is under the Cambodian Law. Whatever it is, it would be conducted in accordance with the rules and customs of Cambodia.
monyrat
Monyrat, you are an IDIOT!!!
Sihanuok is a greedy power hungry king who did not care about his subjects. The French gave Kampuchea Krom to the Viet and made him king so he can keep his mouth shut. All this time did Sihanouk ever fight to get Kampuchea Krom back, nooooooooooo. Did he do anything when Pol Pot and his cronies started the revolution, noooooooo. What did he do when Lon Nol kicked his ass out of the country? he went and joined Pol Pot because they promised him power, but he did learned that they only used him for their caused. He was lucky when the UN allowed him to come back. It sad to see that most uneducated rice farmer do not see that. Samdech my ass, have anyone know or see that his family done anything to help kmer people? noooooooooo, only detroyed the country. I think I am going to stop for now, because I am sick to my stomach thinking about this lazy ass king family. My only hope is that some day kmer people realize what a bunch of lazy ass family we have then get rid of them once and for all.
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