A KR Tribunal that is unable to take up a KR case?

Hor Nam Hong (L) and Sam Rainsy (R)

Click here to read The Cambodia Daily article published in 2000 where eyewitnesses discussed about
Hor Nam Hong's role at the Boeung Trabek jail

KR Tribunal refuses to take up Hor Namhong’s lawsuit against Sam Rainsy

Wednesday, April 30, 2008
By Nora-Brevin
Rasmei Kampuchea newspaper
Translated from Khmer by Socheata and Heng Soy

"We should not tell the KRT to do this or that"- Reach Sambath, KRT spokeman

Phnom Penh – At the Phnom Penh International Airport, opposition leader Sam Rainsy refused to apologize to Hor Namhong, and he said that he is not concerned about this lawsuit affecting the political activities of the opposition party or his own activities, he placed his hope on the KR Tribunal (to take up this lawsuit case). However, the KRT spokesman rejected by saying that the KRT does not have the right to resolve such case.

After returning from his visit to Canada and the USA, on 29 April, Sam Rainsy told reporters at the Phnom Penh International Airport that: “What is the reason for me to apologize to Mr. Hor Namhong? I revealed (the information) to the authority and institutions which have the duty to find the truth.” He said that the appropriate institution that has the clear duty is the KRT, because its duty is to find the truth for events related to the killings under the Khmer Rouge regime. Therefore, this is not the duty of the Phnom Penh municipal court.

The opposition leader still claims that whatever he said, he has the basis and the witnesses for them. Sam Rainsy said: “Now, there are a lot of witnesses, they are Cambodian intellectuals who were jailed at Boeung Trabek, and they know what was Mr. Hor Hamhong’s duty, what he did.” He said that he is receiving some of the information from people who used to be jailed in Boeung Trabek.

In spite of his claims, Sam Rainsy still uses Samdech Preah Norodom Sihanouk as his excuse to defend himself in this lawsuit. He said: “I am repeating after Samdech Preah Norodom Sihanouk only, if the court summons me, the court must also summon Samdech Preah Norodom Sihanouk as well.”

Besides that, Sam Rainsy said that Hor Namhong’s lawsuit does not affect the SRP, and quite to the contrary, those who sue Sam Rainsy are likened to those who help advertise for Sam Rainsy at this point in time. He said: “I am not concerned at all.”

Known for leading demonstrations, Sam Rainsy still maintains his desire to hold another anti-inflation demonstration and to demand for a salary increase. He said that he still plans to hold another demonstration, however, he must discuss the issue with his colleagues who were in contact with numerous people at the local levels who want to join the demonstration. He added he will no longer hold a demonstration in one spot anymore.

Sam Rainsy’s refusal to apologize means that he is closing the door for an out-of-court settlement with Hor Namhong, therefore the case will be settled by the court.

Reach Sambath, KRT spokesman, said that Hor Namhong’s lawsuit against Sam Rainsy is not under the jurisdiction of the KRT. He explained that the KRT has a clearly set power to judge 2 groups of people only: the top leaders and the top persons responsible under the Democratic Kampuchea (DK) regime for the crimes which took place between 1975-1979. He added: “Other lawsuits, such as defamation lawsuits or spreading disinformation are not under the jurisdiction of the KRT.” He added that, all of us, small or big, including politicians, we should leave the KRT to operate under the agreement between the government and the UN according to the National Assembly’s approval. We should not tell the KRT to do this or that.