Tribunal Asked To Call Hun Sen: Letter
By Sok Khemara, VOA Khmer
Original report from Washington
02 March 2010
Khmer Rouge tribunal investigators were requested to call Prime Minister Hun Sen to testify with other key government figures, but declined, according to a confidential court order obtained by VOA Khmer.
In the days before they concluded their investigation of the tribunal’s second case, judges Marcel Lemonde and You Bunleang decided Hun Sen “was not likely to provide additional evidence” and that he should not be interviewed.
The decision was a response to a request from the defense teams of Nuon Chea and Khieu Samphan, who wanted Hun Sen interviewed along with Foreign Minister Hor Namhong, Finance Minister Keat Chhon, and other senior government leaders.
“They are not likely to provide any additional evidence in relation to that already obtained from a large number of documents or from interviews of other witnesses, 725 in total,” You Bunleang wrote.
In January, judges closed the investigation of Case No. 002, which will try Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith and Kaing Kek Iev for atrocity crimes.
Defense for Nuon Chea and Khieu Samphan have reportedly filed a complaint to the Pre-Trial Chamber of the UN-backed court over the decision.
The decision raises more questions about the independence of the court, which had sought to question senior Cambodian People’s Party members last year but was refused.
“A critical test for the success of the [tribunal]—as for all courts trying international crimes—is that the judicial process be allowed to run its course without political interference,” James Goldston, executive director of the Open Society Justice Initiative, in New York, told VOA Khmer.
The group remains concerned over government objections to trials of lower-tiered Khmer Rouge and of the senior officials’ refusal to testify, he said.
“It is important for the rule of law in Cambodia that decisions about whom to charge, what to charge and who should testify be made by judges, not politicians,” he said.
Cambodian officials have denied political influence at the court, and tribunal officials say the court works independently, according to agreements between the UN and Cambodia.
Meanwhile, the tribunal retains the right to issue arrest warrants along with subpoenas but has no real way to enforce them.
In the days before they concluded their investigation of the tribunal’s second case, judges Marcel Lemonde and You Bunleang decided Hun Sen “was not likely to provide additional evidence” and that he should not be interviewed.
The decision was a response to a request from the defense teams of Nuon Chea and Khieu Samphan, who wanted Hun Sen interviewed along with Foreign Minister Hor Namhong, Finance Minister Keat Chhon, and other senior government leaders.
“They are not likely to provide any additional evidence in relation to that already obtained from a large number of documents or from interviews of other witnesses, 725 in total,” You Bunleang wrote.
In January, judges closed the investigation of Case No. 002, which will try Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith and Kaing Kek Iev for atrocity crimes.
Defense for Nuon Chea and Khieu Samphan have reportedly filed a complaint to the Pre-Trial Chamber of the UN-backed court over the decision.
The decision raises more questions about the independence of the court, which had sought to question senior Cambodian People’s Party members last year but was refused.
“A critical test for the success of the [tribunal]—as for all courts trying international crimes—is that the judicial process be allowed to run its course without political interference,” James Goldston, executive director of the Open Society Justice Initiative, in New York, told VOA Khmer.
The group remains concerned over government objections to trials of lower-tiered Khmer Rouge and of the senior officials’ refusal to testify, he said.
“It is important for the rule of law in Cambodia that decisions about whom to charge, what to charge and who should testify be made by judges, not politicians,” he said.
Cambodian officials have denied political influence at the court, and tribunal officials say the court works independently, according to agreements between the UN and Cambodia.
Meanwhile, the tribunal retains the right to issue arrest warrants along with subpoenas but has no real way to enforce them.
19 comments:
Hun Sen, the monkey, you always invoke laws, justice, why now you don't do it again ?
You prove that justice is just a tool for you to harm Khmers ?
traitor!
Marcel Lemonde and You Bunleang, both of you are cowards. Both of you used this lame excuse: "Hun Sen 'was not likely to provide additional evidence' and that he should not be interviewed."
You presume that hun xen isn't likely to provide more evidence. This implies your presumption of the case. as Lawyers and judges, your job is to seek evidence and not making an assumption. Clearly, Lemonde and Bunleang are doing injustice to the victims of the khmer rouge.
ah chkare khmer khmer rouge hun sen if you 're really strong man, you should testify what you'd done during you were kaun chhlorp.
So What if Hun Sen was Khmer Rouge? Khmer Rouges were originally came from your Khmer blood-line. All Khmers were Khmer Rouge.
Long sentense I won't read it.
AK KM
"Just say, 'NO' to the tribunal international court." Hun Sen
Huns Sen is smart on this issue: UN is not the Judge of the earth - God is. Hun Sen
ah dog traitor kbort cheat yuon.
one time you lose power die.
Some of you said that Hun Sen will not provide additional information to the court because the court has all the information they need to convict the KR. Here are some of the questions that I and others people want to know:
1. What rank or position did he hold before escaping to Vietnam.
2. Where was he ?
3. Who told him to run to Vietname and when ?
4. How many people were running with him ?
5. Who control King Sihanouk army ?
Just summone him to show if not put him in jail. Strip his immunity and his clothes as well.
"The decision was a response to a request from the defense teams of Nuon Chea and Khieu Samphan, who wanted Hun Sen interviewed along with Foreign Minister Hor Namhong, Finance Minister Keat Chhon, and other senior government leaders."
=The court must call upon Hun Sen to testify and the court must leave no stone unturned and get to the bottom to find the truth nothing but the truth! There is no reason for Hun Sen to hide behind his Vietcong slave government and he must come out as a man and testify before the court so that all Cambodian people can hear the truth!
Democratic Kampuchea Pol Pot Khmer Rouge Regime
Members:
Pol Pot
Nuon Chea
Ieng Sary
Ta Mok
Khieu Samphan
Son Sen
Ieng Thearith
Kaing Kek Iev
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
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
Members:
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
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
Assassinated over 80 members of Sam Rainsy Party.
"But as of today, over eighty members of my party have been assassinated. Countless others have been injured, arrested, jailed, or forced to go into hiding or into exile."
Sam Rainsy LIC 31 October 2009 - Cairo, Egypt
Executions
Executed over 100 members of FUNCINPEC Party
Murders
Murdered 3 Leaders of the Free Trade Union
Murdered Chea Vichea
Murdered Ros Sovannareth
Murdered Hy Vuthy
Murdered Journalists
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
Embezzlement
Treason
Border Encroachment, allow Vietnam to encroaching into Cambodia.
Signed away our territories to Vietnam; Koh Tral, almost half of our ocean territory oil field and others.
Illegal Arrest
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation bomb on Sokha Helicopter, while Hok Lundy and other military officials were on board.
Lightning strike many airplanes, but did not fall from the sky. Lightning strike out side of airplane and discharge electricity to ground.
Source: Lightning, Discovery Channel
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.
10:33am please stop putting the info over and over again because we need others around the world to have a say, in term of how to improve the country. As today and tomorrow is more important than yesterday and least we can do is learn from our past mistake. No offend I am sorry for what had happened and may all the innocent souls rest in peace and may those who committed the crimes be brought to justice both on earth and in heaven Amen.
THE INTERNATIONAL LAWS SHOULD OUTLAW HUN SEN'S LAW. COME ON BE REAL! PATHETIC!
HOW COME EVERY FOREIGN ORGANIZATIONS INCLUDING UNITED NATIONS SEEMS TO AFRAID AND BOW DOWN TO HUN XEN IN CAMBODIA? I DON'T GET IT! THEY DON'T WANT TO DEAL WITH THE IDIOT HUN SEN OR THEY JUST DON'T CARE ABOUT CAMBODIAN CITIZENS?
Stop repeating the same message, we heard once, and now we heard it a thousand times already. If you are truly dedicated to preserving those memories or making those political statement make your own blog and post that a thousand time each day to make you happy and then just post a link for us here when you feel like reminding us.
Yes, you are polluting the board for everyone else.
The same goes for people who write all caps. Not only is it annoying, but it is provocative and unpleasant to read. So you just lost any reader.
Normally I read most message, but I skipped your message and the spam person message. Maybe of us consider these two in the same category: SPAM
Just who can refuse a court calling? When a court calling you, you got to go. Otherwise they can't do their job right. Also, this court is all about Khmer Rouge's crime and if you're a former Khmer Rouge, shouldn't you go? Why not? You have to go and defense yourself.
In court or justice system, if you don't show up. You are automaticly lose and found guilty. How about making Hun Sen & Keat Chhon automaticly lose & guilty? and strip them off those high seat. May be they will go. Just who do they think they are? and this is The United Nation's court for crying out loud.
Remember Tum & Tev. Sethy. Moun Ngoun and Tev's mother can kill Tum, but it's the justice from The King that will kill them in the end. So let's prove that these theory is correct and let the two Mr. high and might men get their asses in court now! and hello! The UN's court is supposed to be the highest court in the land. Please show them what you made off, your Honor.
Also please bring Vietnam in. Only this court can confront them and no one else.
Vietnam had never done anything good to Cambodia in the past and there is no reason to believe that they are Mr. Clean into this now. No way!!!
Again there are two groups of Khmer Rouges who drove the entire population in the country out of their homes, seperating from their loved one, overworked them to death in rice field, taking away all of their freedom and sytematicly killed them when they can no longer performing the job and they are Vietnam Group and the Chinese group. Why the United Nation only called for one group to the court? Why?!!! It's just NOT FAIR.
It's time to call the cleaner.
Half a century ago we're dealing with Corpes of Pol Pot. Currently, we're dealing with Clans of Phnom Penh.
Ah refugees!
Hiring back Robert Petit.
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