Prime Minister Hun Sen arrives at Chaktomuk Theatre on Thursday for a ceremony marking the 30th anniversary of the National Bank of Cambodia. (Photo by: AFP)Friday, 09 October 2009
Sebastian Strangio and Cheang Sokha
The Phnom Penh Post
THE testimony of senior government officials could prejudice the Khmer Rouge tribunal’s upcoming case against four former regime leaders, Prime Minister Hun Sen said on Thursday, a day after the court made public documents summonsing six senior government officials to appear as witnesses at the hybrid court.
“These [officials] made the Pol Pot regime collapse, and they adopted the law on the Khmer Rouge tribunal, so if they go as witnesses, it would make the accused persons guilty,” Hun Sen said during a speech at Chaktomuk theatre on Thursday. “How is justice to be done? My main problem is that turning the plaintiffs into witnesses would doom the accused.”
The premier was responding to six letters of summons, dated September 25 and bearing the signature of International Co-Investigating Judge Marcel Lemonde, requesting that six government officials – Senate President Chea Sim, National Assembly President Heng Samrin, Foreign Minister Hor Namhong, Finance Minister Keat Chhon and two CPP senators – appear at the tribunal to provide testimony “in the framework of the investigation under way against Nuon Chea, Ieng Sary, Khieu Samphan and other leaders”.
Council of Ministers spokesman Phay Siphan echoed the premier’s statements, saying the testimony of senior government officials was “not necessary”, since there are witnesses and documentary evidence to spare.
“I think there’s enough proof already. It’s not necessary. This court has to be fair for both parties,” he said.
On Thursday, it remained unclear whether the six officials would obey the summons and appear in court. Foreign Ministry spokesman Koy Kuong said his boss, Hor Namhong, was too busy to have considered the issue, and officials representing Chea Sim, Heng Samrin and Keat Chhon declined to comment.
Senator Sim Ka could not be reached on Thursday, while Senator Ouk Bunchhoeun said that he “did not wish to elaborate” on the matter.
Pack your bags
A day earlier, government spokesman Khieu Kanharith said that though the individuals could appear in court voluntarily, the government’s position was that they should not give testimony. He said that foreign officials involved in the court could “pack their clothes and return home” if they were not satisfied with the decision.
According to Rule 60 of the internal rules of the ECCC, if any witness refuses a summons to appear in court, the co-investigating judges may issue an order “requesting the judicial police to compel the witness to appear”.
If any of the six officials do fail to appear, however, the tribunal could face some thorny challenges in implementing the rule.
“The questions are whether Judge Lemonde would issue an order pursuant to Rule 60 and whether the judicial police would serve it [to the officials],” said Heather Ryan, a trial monitor at the Open Society Justice Initiative.
“We don’t yet know the answers to either of those questions.”
Ryan said that making the cover letters of the summonses public would “increase the transparency of the court and, hopefully, the chances that the summonses are respected”.
Court officials expressed hopes on Thursday that the officials would obey the court’s request regardless of their role in setting up the Khmer Rouge trial process.
“We would expect that any law-abiding citizen would comply with a summons issued by a court of law,” said tribunal spokesman Lars Olsen. “That would apply especially to any representative of organs that played a crucial role in setting up the ECCC.”
Although the cover letters to the summonses bear only the signature of Lemonde, observers and court officials downplayed speculation of a rift between the international investigating judge and his Cambodian counterpart, You Bun Leng.
“The fact that the cover letters were signed by Judge Lemonde alone is significant only if the attached summonses were also signed only by Judge Lemonde and if his Cambodian counterpart declined to signed them because he did not agree that the documents should be issued,” Ryan said.
Olsen said he could not say whether one or both signatures appeared on the official summonses since the documents had not been made public.
You Bun Leng did not wish to comment when contacted on Thursday.
ADDITIONAL REPORTING BY AFP
“These [officials] made the Pol Pot regime collapse, and they adopted the law on the Khmer Rouge tribunal, so if they go as witnesses, it would make the accused persons guilty,” Hun Sen said during a speech at Chaktomuk theatre on Thursday. “How is justice to be done? My main problem is that turning the plaintiffs into witnesses would doom the accused.”
The premier was responding to six letters of summons, dated September 25 and bearing the signature of International Co-Investigating Judge Marcel Lemonde, requesting that six government officials – Senate President Chea Sim, National Assembly President Heng Samrin, Foreign Minister Hor Namhong, Finance Minister Keat Chhon and two CPP senators – appear at the tribunal to provide testimony “in the framework of the investigation under way against Nuon Chea, Ieng Sary, Khieu Samphan and other leaders”.
Council of Ministers spokesman Phay Siphan echoed the premier’s statements, saying the testimony of senior government officials was “not necessary”, since there are witnesses and documentary evidence to spare.
“I think there’s enough proof already. It’s not necessary. This court has to be fair for both parties,” he said.
On Thursday, it remained unclear whether the six officials would obey the summons and appear in court. Foreign Ministry spokesman Koy Kuong said his boss, Hor Namhong, was too busy to have considered the issue, and officials representing Chea Sim, Heng Samrin and Keat Chhon declined to comment.
Senator Sim Ka could not be reached on Thursday, while Senator Ouk Bunchhoeun said that he “did not wish to elaborate” on the matter.
Pack your bags
A day earlier, government spokesman Khieu Kanharith said that though the individuals could appear in court voluntarily, the government’s position was that they should not give testimony. He said that foreign officials involved in the court could “pack their clothes and return home” if they were not satisfied with the decision.
According to Rule 60 of the internal rules of the ECCC, if any witness refuses a summons to appear in court, the co-investigating judges may issue an order “requesting the judicial police to compel the witness to appear”.
If any of the six officials do fail to appear, however, the tribunal could face some thorny challenges in implementing the rule.
“The questions are whether Judge Lemonde would issue an order pursuant to Rule 60 and whether the judicial police would serve it [to the officials],” said Heather Ryan, a trial monitor at the Open Society Justice Initiative.
“We don’t yet know the answers to either of those questions.”
Ryan said that making the cover letters of the summonses public would “increase the transparency of the court and, hopefully, the chances that the summonses are respected”.
Court officials expressed hopes on Thursday that the officials would obey the court’s request regardless of their role in setting up the Khmer Rouge trial process.
“We would expect that any law-abiding citizen would comply with a summons issued by a court of law,” said tribunal spokesman Lars Olsen. “That would apply especially to any representative of organs that played a crucial role in setting up the ECCC.”
Although the cover letters to the summonses bear only the signature of Lemonde, observers and court officials downplayed speculation of a rift between the international investigating judge and his Cambodian counterpart, You Bun Leng.
“The fact that the cover letters were signed by Judge Lemonde alone is significant only if the attached summonses were also signed only by Judge Lemonde and if his Cambodian counterpart declined to signed them because he did not agree that the documents should be issued,” Ryan said.
Olsen said he could not say whether one or both signatures appeared on the official summonses since the documents had not been made public.
You Bun Leng did not wish to comment when contacted on Thursday.
ADDITIONAL REPORTING BY AFP
32 comments:
Hun Sen is rightly doing what a leader is supposed to do - protecting his teamates.
Too bad, I don't see Sam Rainsy doing that. When the government removed Mu Sochua Parliamentary immunity, Sam Ransy should have stoodd up and told all his MPs to walk out and boycott the parliament sessions until Mu Sochua immunity is restored.
Sam Rainsy is either unclever or too coward to use that tactic.
PM Hun Sen is expressing a "highly technical" opinion. I am wondering if he is a lawyer himself or at least he has a LAW degree from... say 'yuon' university.
9:08PM! DON'T BE AN ASSHOLE!
First to be a good leader of a country or legit organization you not protect your teame mate against the court of law or to hide a criminal act!
And Raisy need not to make every small thing to be a big thing! To do like you want ,you would be a clown, BOY!
Democratic Kampuchea Pol Pot Khmer Rouge Regime had committed:
Tortures
Brutality
Executions
Massacres
Mass Murder
Genocide
Atrocities
Crimes Against Humanity
Starvations
Slavery
Force Labour
Overwork to Death
Human Abuses
Persecution
Unlawful Detention
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed:
Attempted Murders
Attempted Murder on Chea Vichea
Attempted Assassinations
Attempted Assassination on Sam Rainsy
Assassinations
Assassinated Journalists
Assassinated Political Opponents
Assassinated Leaders of the Free Trade Union
Executions
Executed members of FUNCINPEC Party
Murders
Murdered Chea Vichea
Murdered Ros Sovannareth
Murdered Hy Vuthy
Murdered Khim Sambo
Murdered Khim Sambo's son
Murdered members of Sam Rainsy Party.
Murdered activists of Sam Rainsy Party
Murdered Innocent Men
Murdered Innocent Women
Murdered Innocent Children
Killed Innocent Khmer Peoples.
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Brutalities
Police Brutality Against Monks
Police Brutality Against Evictees
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Abuses
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Illegal Arrest
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation on Sokha Helicopter, while Hok Lundy and other military officials were on board.
Illegally Sold State Properties
Illegally Removed Parliamentary Immunity of Parliament Members
Plunder National Resources
Acid Attacks
Turn Cambodia into a Lawless Country.
Oppression
Injustice
Steal Votes
Bring Foreigners from Veitnam to vote in Cambodia for Cambodian People's Party.
Use Dead people's names to vote for Cambodian People's Party.
Disqualified potential Sam Rainsy Party's voters.
Abuse the Court as a tools for CPP to send political opponents and journalists to jail.
Abuse of Power
Abuse the Laws
Abuse the National Election Committee
Abuse the National Assembly
Violate the Laws
Violate the Constitution
Violate the Paris Accords
Impunity
Persecution
Unlawful Detention
Death in custody.
Under the Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed crimes against journalists, political opponents, leaders of the Free Trade Union, innocent men, women and children have ever been brought to justice.
Hun SenVarman ain't protect these monkeys, but selfishly protects himself, 'cause he would be next!
9:08PM,
Are you stupid or something?
Are you out of your mind?
If you don't know don't talk. Mr. Sam Rainsy is more clever than you and your HUN SEN.
How many times did Sam Rainsy got threaten? A lot!
He is very out spoken then you think of.
And plus now Mr. Sam Rainsy can't do anything often any more they have curbed and limited his expression.
Only CPPs can make rain and thunder.
If the HUN SEN government gives Sam Rainsy fair share next election I'll bet you HUN SEN will be done.
Fair Share, I meant when Sam Rainsy campaigning during the election.
HUN SEN or CPPs limited Sam Rainsy with the:
Media (TVs, Newspaper, Radio and all kind of campaigning systems).
I’m 9:08PM and I am not supporting any political party. I simply express myself as a political observer; and unlike most of you, I say what I observe, not what I want to believe. As the white folks do, I speak from my head, not from my heart.
You can say Hun Sen is stupid, idiot, criminal …etc. The fact is he has been in power for already thirty years, and his power base is getting stronger and stronger each day. Even the most illiterate or uneducated person can learn a lot from the job over thirty years. There is no substitute for hands-on experiences.
All oppositions should ask themselves why they still remain opposition. Perhaps, their past and current strategies are not working, or their leaders are not up to the challenges?
You can say the reason is because Hun Sen controls everything. It is true, but the question is what are you going to do about it? Don't expect Hun Sen to give this or that to the oppositions. That's how he is, and he is not going to change. But you are the ones that need to change your strategy because it is not working. Ask yourself, do you want to remain opposition for another 30 years? I trust you all make the right decision.
9:08 PM
will you break the law just to protect your comrades ? No wonder why most of CPP supporters are dumb and uneducated . . . just like Hun Sen.
2:16 AM . Hun Sen lost the first free and fair election but didn't want to step down and later on he coup against Ranarith the first prime Minister . Doest that tell you anything about Hun Sen ?
9:08 PM,
Mr. smart white guy who speak from your head, are you implying that Opposition Party should steal an election, or using threaten bodily harm grenade attack on innocent people like March 97? Are you out of your mind? Next time, you need to think a little harder before opening up your pie hole. You are praising the wrong man my friend, the evil act by this dictator should never be condoned or encourage to duplicate. Khmer people had suffered enough, and we don't need anymore violence especially from an individual suppose to lead the country. Next time it is best for you to speak from your real head not the other head between your leg because you do not sound smart at all.
3:06AM
I'm in no way implying or suggesting that you start throwing grenade at innocent peole. All I'm saying is that the past and current strategy is not working for the oppositions, and I trust you guys make the right decision.
If you don't agree, hey it's your choice, so be it, and stay opposition for another thirty years.
i think they're concerned about bias, not anything to do with benefiting cambodia at large, really.
3:19 AM,
Hun Sen is doing whatever it takes to win and that is including threaten, intimidation, using violence, election fraud by letting illegal immigration (Vietnamese) entering Cambodia etc. To put it plain and simple, he is an evil, traitor, self center, uneducated heartless, and self fish MF. Therefore, for you to implying the Opposition people should play his game to win is absord. My friend, you are getting it all mix up, wrong is wrong and right is right. It doesn't matter how many more years the opposition stay out of power, but what really matter most is that their ethic and moral are in tact.
Mr. Hun Sen appears to be shooting himself in the foot again with this contrived defence that turning plaintiffs into witnesses would prejudice the defendants.
Does he not recall his own spat with a female MP recently going out of his way to hang her dry as a warning to all for having the temerity to sue him for his own ill bred remark which he directed publicly at her? Where was the concern for 'justice' when he the Lord of all life and Decider of all things assumed the role of plaintiff before his own politically elected judges? What is the point of having a hybrid court if politicians keep interfering in its business through publicly exerted pressure and aggravation?
Politics is an unforgiving terrain ill-suited to the peaceful pursuit of noble minded men and women, hence Max Webber's cautionary words: 'It is not advisable for civilised men to pursue political vocation as the many varieties of problems in politics can only be resolved through the avenue of violence'.
But HS has pushed the boundary of what most civilised men deem as acceptable rules of engagement and expedience in politics, in arbitration of stately affairs further and more savagely violent than most. Whether this is reflective of the brutal nature of Cambodian history or of his own psychological evolution and conscious repose to that history or a combination of both, one thing is certain: he seems to feel the need to remind himself that having slashed and stabbed his way to the top of the unruly pile he reserves the right to adjust his style of leadership to a constantly evolving, changing terrain, from war to peace, from battle fields to corporate world, from mine fields to market economy, from dislodging armed resistance to co-opting it, from nationalist 'fighter' (KR) to dealer in treacherously high treason vis as vis historically expansionist neighbours.
That is to overcome challenging events and direct their consequences to the preservation of the Self. In all of this we witness the perfect amalgamation of two very disturbing persona in human history: that of unabashed practitioner of violence and amoral Machiavellian statesman par excellence.
The human soul is a mysterious quality. Some men have experienced wars and cruelties, but have been able to emerge from it all without being overly vengeful or demonised by the experience while others still have been known to evolve from sinners to saints. How men resolve to reinvent themselves, put aside their past and peacefully participate in the rebuilding of their fractured community or choose to relive that past through conditioned, impulsive re-enactment of abuses in their own private lives ought to be of no great concern to those beyond their immediate circle of family or clans, but where such abusive individuals happen to be at the heart and helm of public life, everyone has reason to be perturbed.
With the exception of an honourable few, most former KR cadres who have remained within the CPP hierarchy and are ruling Cambodia today have not been able or willing to shed their totalitarian outlook. Rather change has been allowed because it has been unavoidable in part due to global pressure and trends, but more pertinent, because it has been deemed not detrimental to the survival of the regime itself.
In fact, like the co-option of the prostrate monarchy and some skilled overseas Khmers these have added needed colours and vigour to the regime and to project over an image of unity and modernity while the Party continues to retain its iron grip on power with the only concession made of note (as far as personal sacrifice goes) being the grey suit in place of the black uniform.
MP
3:19AM! we all Cambodia citizens shound be oppose alway if the government keep evil and corrupt! Forever if it would take!
VIva justice, peace, and democracy!
Ah Hun Xen ,YAP!!!!!!!
Hun Sen understood and feared most that his promises to exempt all DK leaders from trial had failed. People know how much hatred Hun Sen has in his heart for Khieu Samphan. All should listen to the taped arguments between Hun Sen and Khieu Samphan during peace negotiation in the 90's. Khieu Samphan knocked out everyone of Hun Sen Hanoi fed logic at the table fair and square.In a man stance,Khieu Samphan is more dignified and better man than Hun Sen.Days ago Hun Sen boasted that he the only one has tapes and notes from peace negotiations.Plenty of people have them.
Other thing is Sihanouk still loves,respects and owes Khieu Samphan for saving his life during 76 then 79 escape to China.
Khieu Samphan knows why Keat Chhon, Sim Ka,Ouk Bunchhoeun,Hor Nam Hong suck up to Hun Sen.Itr's touk tov kompong nov for the DK turned CPP.
Worst of all,China still reminds Hun Sen every now and then that Cambodia real threat and enemy is not Khieu Samphan but Hanoi and its stooges.
This I hope to enlighten some confusion which Hun Sen claims more summons of his collaborateurs will lead to civil war.That's true, the civil war will come from his 4.000 strong bodyguards, since his blood hound dog Hoc Lundi no longer living, under his singular command.
Pol Sareun and Neth Saveun selective brigades will join in in time.
There is no threat coming from Khmer Rouge.They are too poor and have enough to regret for what happened under Pol Pot rule.
Hun Sen is a reincarnated Dap Chhuon.How he knows civil war will happen? Remember 1997 civil war?
What are u worry about Hun Xen? U need to be summon, too. Why u not has been summon because u forgot u were khmer rouge?
Poster 4:00AM - You're not a Khmer national. I hope I am wrong. [Are you David Chandler?]
Agent32
5:22AM
Thanks for the insightful account. Do you have those tapes or notes? Can you posted them here or send a copy to KI?
Khieu Samphan is more diplomat than HS, but by no way is dignified. He is one of the worst evil sons Cambodia ever has. He was unquestionably loyal to and very intimate with Pol Pot. He knew Pol Pot’s plan inside out, yet he chose to collaborate all the way. During the KR regime, he was free to come to UN to denounce Pol Pot’s atrocity and save millions of Khmer lives, yet he disregarded those killing then and still does now.
To 9:08/2:16
This is just a friendly reminder.
I am recommend that you read comment by 11:37 first, before write one more comment on KI. Because you are not making yourself look good.
Dealing with a person who is a career criminal (AH Hun Sen), it wouldn't be posible to win. Also, AH Hun Sen doesn't play game by the rule.
You seems to think that you are smart, what strategy do you think that would make Sam Rainsy Party win the next election?
Bias this, Bias that.
They gonna get them all soon.
Hun Sen and his fake khmer comarades should be hang like Saddam Hussein. They should also be set on fire and hell can take over from there.
Power is all they understand and the law is constantly ignored.
I am not bias, however, I can see that Hun Sen was part of KR at the time but at the end of the day he was the one who made a move for the changes, which is known as a “liberation”! So, Our Khmer people need to separate between the offenders and the liberators! On the other hand, if not for Hun Sen and a number of other liberators, we Khmer have been finished. Therefore, we Khmer need to give some credits to our liberators. We need to think a fresh like from the year zero (1979); so basically, our country is only 30 years old. In addition, everyone knows that every government has its own good and bad, however, it is best if all we Khmer diplomats united and work together as a team by focusing on community building process instead, because all conflicts have no benefit for us but destructive. On the other hand, we don’t want other races to take advantage of us fighting with each other or let them wait for the chance to grab our possessions like people and land, extra. Aust
Stop your bull shit ah Sen ,only stupid farmers no television that go with your stupidities.
who ever use bad language in Ki, I'm sured they are not Khmer but pretending to be one, so that they can stir up and make the conflict out of it, who knows they could be other races so bro/sis be aware don't let it gets to you. Some may pretend to hate Hun Sen and some may pretend to hate Rainsy, so be careful.
I hope the one above is other illegal alien him or her self,or like Tep Vong the Phnom Penh patriarchy who is Viet with the orange rope to make Cambodian very soft and easy to bend and break them up.
These men are called not as plantiffs, but as witnesses to the atroscity eventuated in KR period.
Nothing to fear, their nationalism and their concience are admirable.
They in fact do not volunteer, but oblight to attend to ECCC as citizens giving evidences under DUTY of CARE.
Neang SA
These Khmer Rouge know that they are guilty of murders innocent Khmer peoples, that's why they fear the summon to go to Khmer Rouge Tribunal court even as witness.
After 30 years of being in power, AH Hun Sen and his Khmer Rouge gangs forget that they are Khmer Rouge who' s responsible for murders almost two million innocent Khmer peoples.
I cannot believe this. I have to remind theses murders?
Jesus Christ!
These six top witnesses are vietcong (hanoi)'s right hands,they knew every thing what vietcong want to know in Pol Pot's regime,so they must face the law of what they were doing to serve vietcong.
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