Minister explains KRT snub
Wednesday, 16 June 2010
Cheang Sokha and James O’toole
The Phnom Penh Post
Hor Namhong says foreign judge ‘abused the law’ by issuing summons alone
FOREIGN Minister Hor Namhong said Tuesday that he had ignored a request to testify at the Khmer Rouge tribunal because co-investigating judge Marcel Lemonde had “abused the law” in issuing the summons.
With his comments, Hor Namhong became the first among six high-ranking government officials summoned without success by Lemonde in September to publicly explain his refusal to testify. Cambodian co-investigating judge You Bunleng did not join Lemonde in signing the summonses.
“I did not respond because I have a legal reason,” Hor Namhong said.
“According to the rules between Cambodia and the UN, there must be two signatories, from the Cambodian side and foreign side, but Marcel Lemonde ... abused the law by signing alone, so on behalf of the government, which participated in the negotiations for the establishment of the court, I would not abuse this agreement like Marcel Lemonde did.”
In January, Lemonde issued a note detailing the action he had taken in attempting to secure testimony from Hor Namhong and five other officials: Senate President Chea Sim, National Assembly President Heng Samrin, Minister of Economy and Finance Keat Chhon and Cambodian People’s Party senators Sim Ka and Ouk Bunchhoeun. All of these officials had apparently ignored their summonses, prompting Lemonde to conclude that it was not feasible at the time to pursue their testimony further, and to defer the matter to the hybrid court’s Trial Chamber.
In a statement given through UN court spokeswoman Yuko Maeda, Lemonde defended his issuance of the summonses.
“It is not for a judge to engage in controversy with a witness,” Lemonde said. “The summons in question was delivered pursuant to Rule 72(3) of the ECCC internal rules.”
Rule 72(3) states that in the event of a disagreement between the co-investigating judges, “the action or decision which is the subject of the disagreement shall be executed” pending the resolution of the dispute. Exceptions in which no action may be taken arise if the action or decision relates to an arrest or issuance of charges, or if it may be appealed by parties to the case.
Anne Heindel, a legal adviser with the Documentation Centre of Cambodia, said Hor Namhong’s criticisms of Lemonde were without merit.
“I think it’s pretty clear that Lemonde did have authority to move forward based on the rules, and because there was disagreement between [the co-investigating judges], he’s acting on his own,” Heindel said. “That doesn’t seem to be a problem, or to lessen his mandate.”
The issue of whether Hor Namhong and the other officials can claim immunity if the court seeks to compel their testimony is still unclear, Heindel added.
“The other international courts generally don’t find that government officials have immunity,” Heindel said. “One important issue is how international this court is, but even if this is a strictly Cambodian court, I don’t think that it’s clear that they have immunity.”
You Bunleng said Tuesday that he had not joined Lemonde in summoning the six officials because he did not believe their testimony was necessary in light of other evidence gathered by the Office of the Co-Investigating Judges (OCIJ).
“The OCIJ has already interviewed many witnesses, so there is no need for these people to come,” You Bunleng said.
Lemonde and You Bunleng have also registered disagreement over the timing of investigations in the court’s third and fourth cases, according to documents made public last week. Lemonde has signed a rogatory letter authorising preliminary investigations in the cases. You Bunleng signed the letter, but changed his mind, saying that the OCIJ should wait to consider this issue until indictments or dismissals have been issued in the second case.
Lemonde is currently going forward on his own with the investigations, UN court spokesman Lars Olsen said last week. Within 30 days from the disagreement, however, You Bunleng may choose to bring the matter to the court’s Pre-Trial Chamber for arbitration.
You Bunleng said Tuesday that he had “not yet considered whether to file a complaint about the disagreement to the Pre-Trial Chamber”.
FOREIGN Minister Hor Namhong said Tuesday that he had ignored a request to testify at the Khmer Rouge tribunal because co-investigating judge Marcel Lemonde had “abused the law” in issuing the summons.
With his comments, Hor Namhong became the first among six high-ranking government officials summoned without success by Lemonde in September to publicly explain his refusal to testify. Cambodian co-investigating judge You Bunleng did not join Lemonde in signing the summonses.
“I did not respond because I have a legal reason,” Hor Namhong said.
“According to the rules between Cambodia and the UN, there must be two signatories, from the Cambodian side and foreign side, but Marcel Lemonde ... abused the law by signing alone, so on behalf of the government, which participated in the negotiations for the establishment of the court, I would not abuse this agreement like Marcel Lemonde did.”
In January, Lemonde issued a note detailing the action he had taken in attempting to secure testimony from Hor Namhong and five other officials: Senate President Chea Sim, National Assembly President Heng Samrin, Minister of Economy and Finance Keat Chhon and Cambodian People’s Party senators Sim Ka and Ouk Bunchhoeun. All of these officials had apparently ignored their summonses, prompting Lemonde to conclude that it was not feasible at the time to pursue their testimony further, and to defer the matter to the hybrid court’s Trial Chamber.
In a statement given through UN court spokeswoman Yuko Maeda, Lemonde defended his issuance of the summonses.
“It is not for a judge to engage in controversy with a witness,” Lemonde said. “The summons in question was delivered pursuant to Rule 72(3) of the ECCC internal rules.”
Rule 72(3) states that in the event of a disagreement between the co-investigating judges, “the action or decision which is the subject of the disagreement shall be executed” pending the resolution of the dispute. Exceptions in which no action may be taken arise if the action or decision relates to an arrest or issuance of charges, or if it may be appealed by parties to the case.
Anne Heindel, a legal adviser with the Documentation Centre of Cambodia, said Hor Namhong’s criticisms of Lemonde were without merit.
“I think it’s pretty clear that Lemonde did have authority to move forward based on the rules, and because there was disagreement between [the co-investigating judges], he’s acting on his own,” Heindel said. “That doesn’t seem to be a problem, or to lessen his mandate.”
The issue of whether Hor Namhong and the other officials can claim immunity if the court seeks to compel their testimony is still unclear, Heindel added.
“The other international courts generally don’t find that government officials have immunity,” Heindel said. “One important issue is how international this court is, but even if this is a strictly Cambodian court, I don’t think that it’s clear that they have immunity.”
You Bunleng said Tuesday that he had not joined Lemonde in summoning the six officials because he did not believe their testimony was necessary in light of other evidence gathered by the Office of the Co-Investigating Judges (OCIJ).
“The OCIJ has already interviewed many witnesses, so there is no need for these people to come,” You Bunleng said.
Lemonde and You Bunleng have also registered disagreement over the timing of investigations in the court’s third and fourth cases, according to documents made public last week. Lemonde has signed a rogatory letter authorising preliminary investigations in the cases. You Bunleng signed the letter, but changed his mind, saying that the OCIJ should wait to consider this issue until indictments or dismissals have been issued in the second case.
Lemonde is currently going forward on his own with the investigations, UN court spokesman Lars Olsen said last week. Within 30 days from the disagreement, however, You Bunleng may choose to bring the matter to the court’s Pre-Trial Chamber for arbitration.
You Bunleng said Tuesday that he had “not yet considered whether to file a complaint about the disagreement to the Pre-Trial Chamber”.
37 comments:
That motherfucker Cambodian judge, You Bunleng is ah kwak and CPP's dog! Ah Bunleng won't dare to sign anything to hurt their criminal masters.
What good is the fucking international trial if they can't even order them criminals suspect to court. It doesn't matter what rank they are; law is law. No one should be above the true law!
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 10 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.
CPP members talk about laws and use laws when it's for their advantage. In the countrary, they show their claws. That is outlaws behavior.
12:32AM chose your time boy!
10:47PM! easy on You Bunleng, he do what the law of the country allow him to do!
There alway immunity and priviledge to the officials and rich people in the Kingdom.
Hun children can kill, rape, and do anyilegal actsalso the sons of Geneartals and Ok Gnar!
We did pay our do to the king! to stay Silenc, Boys!!!!!and girls!
Anjoy rolercoester!
HAve fund International!!!!
No wonder Mu Sochua not obeyed the court! Quick leurning exKherrouge!
it's ashamed to the world's leader ! cambodia's laws is the laws of the killers.
does this khmer rouge and yuon hor nam hong has merit than other or does this kantop merit to live
this kantop ass khmer rouge should be the first to put in cage
Q. Frustrating, isn't it trying to square the circle? How 'international' is the ECCC?
A. Well, it's internationally financed. . .
Q. Is it a 'hybrid' tribunal then?
A. It has got foreign and Cambodian judges presiding it.
Q. What means does the Court have to enforce its mandate?
A. Well, not much unless it carries the will of the Cambodian co-prosecutors.
Q. How independent are the Cambodian judges?
A. As independent as all other judges go in Cambodia.
Q. How do you mean, exactly?
A. They are permitted a degree of flexibility, particularly, in civil matters, mostly, arbitrating cases according to someone's income potential or his/her ability to meet their financial extortions.
Q. In other words, you are saying the Cambodian judges are mostly corrupt?
A. Yes, but that's not the most pertinent point in relations to this Tribunal.
Q. And what is that?
A. All Cambodian judges are ultimately answerable to their political bosses who frequently happen also to be their close family kin, just like the ones sitting on the Tribunal.
Q. I see now why the KR Trial has come to this impasse. But why did the Cambodian government agree to having this Tribunal set up in the first place? I mean knowing that it could face the embarrassment of having some of its key figures summoned to appear in the witness box to testify against their former comrades in arms?
A. Well, first of all they would not be keen to be placed side by side with the accused, who as we all know, committed heinous crimes against the Khmer people, let alone humanity. They view themselves as patriots who, with military assistance from Vietnam, rose up to overthrow the genocidal Pol Pot clique. The international dimension of the Court, in like manner to how they accepted UNTAC, neutralised armed apposition through multi-party democracy, misappropriated international aid, membership of Asean etc., would enhance their standing in the world community and before the Cambodian people instead of being seen as mere playthings of Vietnam who gave birth to them.
Q. I see, but it's hard to grasp the international community's motives in becoming involved with the Tribunal possibly whilst being fully aware of the tasks as well as the nature of the Beast they would have to deal with?
A. Good point. My guess is that Cambodia is also a part of that community, and that is at east one of the main reasons behind their involvement in the Trial. Like the Paris Peace Accords, the world community has to be seen to be doing something to address the wounds and unresolved conflicts in Cambodia, and in this vital sense, their efforts and actions are more symbolic than purposeful or real.
Otherwise, they would have come up with the means to enforce their own mandate by virtue of being signatories to the Accords instead of paying lip-service to their implementations.
Q. Thanks.
A. Anytime.
School of Vice
Hor 5 Hong , why didnt you tell the truth dude ? You didnt respond to the Court sommonses because you were afraid of the law thats control by foriegn judges . Cambodian judges will do whatever you tell them to do .. but foriegn judges wont take your command .
The dickhead has no merit and so his son in Lon Don!!!!
Don't tell me that UN can't do anything to Hun Sen CPP (Former communist clans)?
UN is so weak in this Cambodian tribunal, why because US and China, USSR was the biggest players in this trial. If these countries doesn't push it, it will not going any where.
Rob Royce,
UN-NY.
If you are a good citizen and duty bound,and truely serving cambodians,you should present yourself to the court.
It is NOT a kangaroo court,but serving justice to cambodian victims.
Peasant
As it stipulated that rule 72(3) of the court allows Mr Lemonde to summon these witnesses,and clearly they DO not have any immunity against any court.
This clearly points that more tangled evidences out there of the KILLINGFIELD.
all of Khmer, Hor Nam 5 is the king of foreign minister on the Globe. He served this post for all regime in Cambodia, from King Sihanouk, Lon Nol, Pol Pot, Republich Democratic Kampuchea and Kingdom of Cambodia, that is perfect for his life but I asked the Khmer poeple? The other intellectual Khmer are dump stupid than him!
Khmer
we need the international polic to arrest hor nang-hong right now
hor-nang-hong he is the real murder and he all so vietname spy so the world now know time to international polic take action
NO DOUBT HOR NAM HONG IS A FORMER KHMER ROUGE WHO IN CHARGE PRISONER AFTER 1976. HOW YOU GONNA BRING HIM TO TESTIFY IF HIS BOSS SADDAM HUN SEN IN POWER. HUN SEN HIMSELF IS A FORMER OF KHMER ROUGE AND NOW THEY DON'T LIKE THE TRIBUNAL SUCCESS TO PROSECUTE ALL MURDER.
To survive in this highly labour camp such as Boeung trabek, Hor Nam Hong need to be very loyalt to Pol Pot otherwise he would have the same fate as Chao Seng. During power struggle between 1976-1978, Pol Pot, Ieng sary, Nuon Chea and Kiev Samphann, have killed all their opponents. They have promoted Hor Nam Hong to be leader of the camp has proved them that Hor Nam Hong was their loyal ally. The reason for all his family members were killed because Hor Nam Hong was so extremist. He killed all his own family members. That was not unusual for Khmer Rouge member to kill their family members.
Tith Sothea
Member of fast speed reaction against media
all cambodian people go and get them stant up go and kill them if the cambodian polic not arrest HOR-NANG-HONG we need get the put our hand if possible
we arrest HOR-NAM-BORA too
Are you waving good bye,Hor!
Khmer in Sydney CBD, It doesn't seem to be a big deal just to show up in the ECCC as a witness. Please tell me why Hor 5 Hong refuse to give testimony. He is not a criminal. He is a brave man, especially he holds high position in the government. No one can harm him. In my view point, he should show cowardliness. It seem that he represent the cowardliness royal government of Cambodia.
Cambodian should start to kill those idiot CPP high officials such as Hsen, 5Hong, Chhun, Meas Sophea, Kun Kim, ........... in order rescue Cambodia from Vietname.
Who killed 1.7 million innocent Khmer peoples?
a) ah juoy marai Pol Pot
b) ah juoy marai Nuon Chea
c) ah juoy marai Ta Mok
d) ah juoy marai Khieu Samphan
e) ah juoy marai Son Sen
f) ah juoy marai Kaing Kek Iev
g) ah juoy marai Ieng Sary
h) me joa ka-a juoy Ieng Thearith
i) ah juoy marai Hun Sen
j) ah juoy marai Chea Sim
k) ah juoy marai Heng Samrin
l) ah juoy marai Hor Namhong
m) ah juoy marai Keat Chhon
n) ah juoy marai Ouk Bunchhoeun
o) ah juoy marai Sim Ka
p) all of above
Source:
DC-CAM
It is popularly recently and the past years regarding the CPP regime using a court as its tools to suppress its citizens and its critics. However when it comes to with the international court, the high ranking CPP official such as Mr. Hor extremely reacted against it.
What will happens if the Tribunal arrested Mr. Hor for his refusal to be summoned? Well, I guess the world like to see Mr. Hor either be summoned or be arrested by the KR Tribunal.
If Marcel Lemonde could not get these people to come to the Court, all the money and credibility of any future international tribunal will mean nothing. The court would look no more than a child's play...
These KR sympathizers and collaborators need to answer the court.
ah hor 5 hong kiar pit neou te kar pit pros ah eng chea me khmer kramam
we must be responsible.
We do justice, or we do politics.
We must choose, we can not do both simultaneously.
Why we must not judge the United States, Henry Kissinger, Richard Nixon, Communist China, Hanoi,?
According to Hor, government established the law so its senior officers can not be touched.
8:47 PM,
Did the Cambodian government establish international law goeverning any international entity like this KR Int'l tribunal??? Some of the local laws are currently beingdespised by local population because they are used to protect the ruling cliques only.
It has been practiced that government officials in many countries enjoy certain degrees of immunity (not impunity) and protection, but that does not mean those governments were made of a single political party, let alone a single individual for two or three consecutive decades.
6:12AM, You are WRONG!! The Foreign Minister During The Khmer Rouge was Ieng Sary who was born to Vietnamese parents. Therefore, they are part of the same category. Both are Vietnamese descendents.
6:12AM, You are WRONG!! The Foreign Minister During The Khmer Rouge was Ieng Sary who was born to Vietnamese parents. Therefore, they are part of the same category. Both are Vietnamese descendents.
Hor, if you didn't cooperate with Khmer rouge with your heart and you was forced to send your compatriots to killing machine, you must go to testify, in the contrary, you really killed and then commited crime against humanity..
Which one of these Khmer Rouge(s) list below is a prison chief of Boeung Trabek prison B32?
a) Pol Pot
b) Nuon Chea
c) Ta Mok
d) Khieu Samphan
e) Son Sen
f) Kaing Guek Eav aka Samak Mith Duch
g) Ieng Sary
h) Ieng Thearith
i) Chea Sim
j) Heng Samrin
k) Hor Namhong aka Samak Mith Yaem
l) Keat Chhon
m) Ouk Bunchhoeun
n) Sim Ka
o) Hun Sen
Source:
DC-CAM
Document Center of Cambodia
Fact:
During the Democratic Kampuchea Pol Pot Khmer Rouge Regime;
There are 196 prisons.
There are 196 prison chiefs.
There are 1.7 million innocent Khmer peoples killed by the Democratic Kampuchea Pol Pot Khmer Rouge Regime.
Democratic Kampuchea Pol Pot Khmer Rouge Regime's leaders and members:
Pol Pot
Nuon Chea
Ieng Sary
Ta Mok
Khieu Samphan
Son Sen
Ieng Thearith
Kaing Guek Eav aka Samak Mith Duch
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka
Hun Sen...
Kaing Guek Eav is a prison chief of Toul Sleng prison S21.
Source:
DC-CAM
Document Center of Cambodia
The UN back Khmer Rouge Tribunal court (ECCC) must indict 195 other prison chiefs.
"I will not allow the UN back Khmer Rouge Tribunal court (ECCC) to indict more Khmer Rouge Regime leaders, I rather let the court (KRT ECCC) fail. Indict more Khmer Rouge Regime's leaders will lead the country into a civil war."
Samak Mith Hun Sen
Cambodian People's Party Hun Sen Khmer Rouge Regime's leader
Samak Mith Hun Sen will not allow the UN back Khmer Rouge Tribunal court (ECCC) to indict more Khmer Rouge Regime leaders who is responsible for killing 1.7 million innocent Khmer peoples.
Samak Mith Hun Sen threaten to turn Cambodia back into the Killing Fields all over again.
War with whom?
War with innocent Khmer peoples without weapon?
Once a Khmer Rouge, always a Khmer Rouge.
A good Khmer Rouge(s) is a dead Khmer Rouge(s)
Khmer Rouge(s) continue to kill innocent Khmer peoples.
Cambodian People's Party Hun Sen Khmer Rouge Regime's leaders and members:
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong aka Samak Mith Yaem
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
"(Samak Mith) Duch (Kaing Guek Eav) 19 years sentence is too short and doesn't fit his crimes."
Samak Mith Yaem (Hor Namhong)
Prison Chief of Boeung Trabek prison B32
What's Hor Namhong trying to do is, he want the whole world to know that he is not a Khmer Rouge and a prison chief of Boeung Trabek prison.
Hor Namhong is a prison chief of Boeung Trabek prison B32.
Source:
Phnom Penh Post
Hor Namhong said to the French judge that he is not a prison chief of Boeung Trabek prison, in fact members of his family was killed by Khmer Rouge(s).
Hor Namhong can lies all he want, at the end, he got summoned and will get indict, prosecute, convict and sentence.
Criminals likes to lies.
The place where criminals lies the most is inside the court room in front of the judge(s).
On October 7, 2009 Chea Sim, Heng Samrin, Hor Namhong, Keat Chhon, Ouk Bunchhoeun and Sim Ka has been summoned by the UN back Khmer Rouge Tribunal court (ECCC).
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