Cambodian Gov't officials asked to testify at war crimes trial

October 9, 2009
ABC Radio Australia

In Cambodia, the United Nations-backed Khmer Rouge war crimes tribunal has summoned six senior government ministers and legislative officials to appear as witnesses.

The French investigating judge wants the officials to testify in the second case, which is expected to question former Khmer Rouge idealogue Nuon Chea. But the Cambodian government says any testimony will be given on a voluntary basis.

Presenter: Sen Lam
Speakers: Michelle Staggs Kelsall, Deputy Director, Asian International Justice Initiative

Click here to listen to the audio program (Windows Media)

KELSALL: These are really current senior ministers and legislative officials from the current Cambodian People's Party and the ruling government and we have the president of the Cambodian People's Party, Chea Sim, also the president of the National Assembly, Heng Samrin, Minister of Foreign Affairs and Finance and then two PPP senators, Ouk Bunchhoeun and Sim Ka.

LAM: Do we know why these ministers have been summoned? Has it anything to do with any kind of connection with the former Khmer Rouge?

KELSALL: Eh, well certainly the witnesses who've been testifying in the tribunal to date and certainly the information on public record would suggest that these ministers are being summoned to their role in the Khmer Rouge during the period of 1975 to '79. They are obviously being asked to testify to evidence that they may know with regard to what happened during that period due to their role at that time.

LAM: Has there been any government reaction to the call up of these government ministers?

KELSALL: Yes certainly. The spokesperson for the government, Khieu Kanharith has come out publicly to say that any participation of the ministers should be considered as voluntary and the government's position would be that these summonses should be seen as voluntary contribution to the tribunal's efforts. However, the courts internal rules tend to suggest that anyone issued a summons should comply with it and in actual fact it is mandatory.

LAM: And Michelle, the Khmer Rouge tribunal, of course, is a joint tribunal and the panel is made up of both international and Cambodian judges. Did the Cambodian, the local judges agree to this request?

KELSALL: The summons has been served has only been signed by the court's international co-investigation judge, Marcel Lemonde which tends to suggest that this dispute from the Cambodian side with regard to these summonses going forward. The court has come out publicly to say that they are unaware of any particular dispute, however, the lack of a signature on the summonses tends to suggest that... this is going forward from the international side alone.

LAM: And returning to the people who have been called to testify. There have been questions about Finance Minister, Hor Namhong's role during the Khmer Rouge. Is it likely that he will be questioned directly about his role during the Khmer Rouge rule between 1975 and 1979, or will the testimony largely focus on the defendant?

KELSALL: I think there will be some discussion of his own role just in relation, however, as to how this impacts on the accused person standing trial. Of course, it does have measures in place, witnesses who testify are able to avoid self-incrimination. They do have the right not to answer certain questions if they feel it will incriminate themselves. So in that respect, witnesses are protected from any possibility of this being the case. Obviously the investigating judges are ultimately concerned with the accused on trial and I would have thought the questions would focus on their role and what was occurring at the time period.