Regarding Rule No. 60 of the KRT Internal Rules

Let me have a say!

16 October 2009
Op-Ed by Ly Diep
Angkor Borei – The Khmer Voice Overseas
Translated from Khmer by Heng Soy
Click here to read the article in Khmer

• On 25 September 2009, the Khmer Rouge Tribunal (KRT) already issued its summonses to a group of 6 former KR leaders – Chea Sim, Heng Samrtin, Keat Chhon, Hor Namhong, Ouk Bun Chhoeun and Sim Ka – asking them to come in and act as witnesses in the crimes against humanity and war crimes that took place under the “Democratic Kampuchea” (DK or KR) regime between 1975 and 1979.
• In response to these summonses, it is not known yet whether these 6 former KR leaders will show up at the KRT or not, or whether they will try to evade it through various excuses.
• Phay Siphan, Sok An’s spokesman, reacted by saying: “These summonses are ‘not necessary’ because there are many lucid witnesses and many documents already.” On the other hand, Khieu Kanharith, the minister of Information and spokesman for the government led by the most senior KR leader along the eastern shore of the Mekong River in 1977 by the name of “Hun Sen”, is contradicting the claim made by his boss who said: “They (high ranking government officials) were the ones who toppled the Pol Pot regime, and they were the ones who ratified the law putting the KR leaders on trial, and if they become witnesses, the accused will be even deader.” Hun Sen added: “So where is justice? I’m thinking: Shoot! What are they doing? This is a legal problem for the tribunal, but the major problem that I understand is that the accusers are now turned into the witnesses, so wouldn’t the accused be dead?” (sic).
• Khieu Kanharith attacked the KRT officials by saying: “The international officials working at the KRT, they can pack their clothes and go home if they are not pleased with this decision” (sic). The decision that Khieu Kanhrith mentioned is in fact the government’s “stance”, i.e.: The 6 former KR leaders can show up in court on a “voluntary basis” only. He! He!
• Rule No. 60 of the KRT’s internal rules stipulates that: “Any person who has been summoned by the Co-Investigating Judges as a witness must appear. In the case of refusal to appear, the Co-Investigating Judges may issue an order requesting the Judicial Police to compel the witness to appear.”
• Ha! Therefore, we understand that the tribunal knows what it is doing! With Chea Sim and Heng Samrin fulfilling the role of the “legislative branch leaders”, they must set themselves as example to show to the Cambodian people that “they respect the law” with utmost perfection, unlike the time when they could do what they wanted during the “DK” regime era.
• Come to think of it, these people can twist and turn any way they please. They are already in the driving seat as far as the Cambodian court is concerned – from the top all the way to the bottom – and now, do they think that they are also in the driving seat of the KRT as well? If they really want to … let them steer it (!!) Furthermore, they should also ask King Sihanouk to come and steer the KRT with them as well (!!), but first and foremost, don’t forget to lift their parliamentary immunities first (!!)