Original report from Phnom Penh
31 August 2007
"The tribunal courts 'cannot be under threats or coercion'" - Son Chhay, SRP MPOfficials of the Khmer Rouge tribunal were silent for a second day on a potential meeting with former king Norodom Sihanouk, but outside experts were divided on whether, legally or otherwise, they should go.
"A meeting between tribunal officials and the former king would 'serve no purpose'" - Sok Sam Oeun, Attorney for the Cambodian Defenders Project
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The former king issued a public invitation to meet with tribunal staff on Sept. 8, saying he would not meet or correspond with them again if they failed to show.
The king has constitutional immunity in Cambodian courts, including the tribunal, so an offer to meet tribunal officials falls into a grey area, experts said.
There is no legal framework for such a meeting, and the courts should not be put under additional diplomatic burdens, observers said.
Tribunal prosecutors would have to give permission to any other officials to visit the king, opposition lawmaker Son Chhay said, adding that the tribunal courts "cannot be under threats or coercion."
And while it's likely that tribunal judges would want the king to testify, his constitutional immunity prohibits it, said Hisham Mousar, a legal expert for the rights group.
Sok Samoeun, an attorney for the Cambodian Defenders Project, said a meeting between tribunal officials and the former king would "serve no purpose."
22 comments:
The former kind should stood by his comment made in 1999 as to his unconditional acceptance to testify before the court. He is the only and last person probably in modern khmer history to set an example of equality before the law. I doubt if Cambodia ever produced such a person, but notorius hiding the behind the curtain of power. [Khmer Peasant]
ECCC spokeperson needs to reply with cordial NO.
ECCC should stress that former King is Khmer and owes an honest answer to people.
Sihanouk is guilty because he used and pol pot to kick lon nol out of the office so that he can get his thrown back. If sihanouk didn't get involve, pol pot wouldn't be so powerful. If he's not guilty he needs stop hiding behind the curtain and tell the world who was involve in killing khmer, youn, chinese,or pol pot. Any kind of TRUTHFUL information will lead to the guilty one. So stop fucking around asshole!
Would ECCC officials go to meet Khieu Samphan in Pailin at his request? Sihanouk is trying to manipulate KRT. KRT must stick to the principle that "No one is above the law".
How much is he paying Hun Sen to keep his immunity? $1 million?
This King Scoundrel need to answer for his part.There was no way communism in Cambodia could have been that powerful without the king's endorsement to China. Literally, the Khmer rouge army grew overnight. Who signed for those weapons? Tell us Sihanouk.
CPP is very smart to use N.Sihanouk to fight with ECC....
And CPP is gaining huge benefits from this match.
My response to Camdiscers
James and All,
I have repeatingly assured with you all that, I have no objective to protect N.Sihanouk. I will not fight back to the impossible fight as you are all fighting. To fight with N. Sihanouk is vague. He is not real N.Sihanouk, but only the shadow show of Vietcong.
Why your fight has never be won? - because you are not fighting for Cambodians' justice; you are fighting for the absolute defeat of Cambodian people. James, you are smart to mention double-edged sword in the case of bringing N.Sihanouk to trial. I can see this advance of your insightful approach.
What JUSTICE in Cambodia will be occurred when one side is the trial laws and another side is the national constitution? You guys should try in the beginning to oppose the national constitution amendment that included N.Sihanouk with specific care and protection by such laws? Why now? While Cambodian is in a dangerous transition of JUSTICE justification of Hanoi.
The division inside Cambodia now significantly indicates those pro-N.Sihanouk with anti-N.Sihanouk, KR trial regulations with Cambodian national constitution. This division is intensifying caused by one unimportant letter. But why it becomes very important and inspiring now? Because CPP is really creating and wanting to play this game.
But the hidden agendas of Hanoi inside CPP has been neglected and ignored by the learned, the poor, the researchers and the labors, the Cambodian citizens...etc
You have good excuse to fight for JUSTICE, but justice has already destroyed....so your fight is like running after the shadow; but the real body of the shadow you have never found. And I can assure you all that this shadow is Hanoi win-win strategy.
Now, you can see who is the winner between N.Sihanouk and the standardized justice laws of KR trial committees or ECC? Both N.Sihanouk and ECC are not the winner, but the winner is CPP for 2008 election and everybody knows the winning of CPP is not belonging to Cambodian people.
KY
The former King has presented a very cunning approach in eluding the tribunal for any potential invitation presented to him as a witness. By having met the tribunal officials, the King would successfully argue to prevent himself from appearing to the court of law; he would saÿ, "no further investigation related to me is needed since we already discussed in our meeting. It is not unexpected if during the meeting, the King presents himself as victimized by the regime. The former King did not directly present any invitation to officials as he believed he did not have legal authority to do so. Officials are currently caught up in "I'll be damned if I don't, and I'll be damned if I do". Either way, the King will make an excuse not to appear in the Court, 1) You failed to me, you lost your chance in conducting your investigation, 2) I have already educated you of what happened concerning myself, no further explanation is necessary. I think He is smart that he did not invoke his immunity in his statement of invitation because he wants public and international community to believe that he actually desires to fully cooperate with the tribunal and does not wish to use the shield granted by the CPP with easily amended Constitution as the legal tool. Using immunity to stay away from tribunal somehow makes the former King look ugly as he is not responsible, at least in providing insight of whateve happened or how he was involved. The tribunal officials should not attend the meeting. Meeting would only be all about "I was the victim".
You are right on the money 10:08. Its nothing but an attempt to try and keep him from having to testify under oath. Anything he said in a TV event would not be legal or admissible, but it would fool the people in to thinking he was co-operating.
If he really wants to tell his story to the court, he ought to get in touch with the legal offices of the ECCC and do it under oath so it can be properly recorded and entered for the record. Anything else would just be a publicity stunt.
The spokesperson should just ignore the kings 'blog'.
What king Sihanouk wants to do on the Sep.8?Officially he has to testify in front of the judge at the KRT. In the palace Sihanouk wants to play game with ECCC' UN , legally they should not go because they work for the international court not a local court for Cambodia. Sihanouk has a lot of trick and he does that because Peter Foster is going to call Sihanouk to be a witness at the KRT (Cambodia daily).
Obstacles and obstacles for KR Trial by Hun Sen and king Norodom Sei Haknouk, while the million eyes around the world ,has wanted to know what going on in Cambodia and justices for it citizen in the killing field Hun Sen and Seihaknouk acting like the clown or
a little child that has no brain to recognize what is good and bad in the manner of Cambodia's prime minister and former king ,of course they must be the criminal leaders who committed crime against humanity in Cambodia ,if they are good prime minister or good former king why they're bluffing and flip flop ,these kind of prime minister or king shall we trust it? What kind of leaders that Cambodian people have it? If we are all back the prime minister and former king up,our people and country look like idiots ,we might leave behind the world because we choose for isolating, then vietnam will finish us at once ,because the lack of the supporting from the world.
Two can't be equal with 15 million and Cambodia..
The former monarch is immune from all prosecutions just like every monarch around the world. No king or queen will stand trial in court but they can tape or interview him in his palace just like they did tape Bill Clinton in the Oval Office when Clinton lied to the whole world for not having an affair with Monica Lewinsky. The same as they did to Queen Elizabeth for some theory of conspiracy of Diana death.
The law is the law regardless this fomer monarch issued to testify does not mean he can be dragged to sit inside the court room.
I suspect that the former Monarch won't say anything that could hurt the relation between Cambodia and China now Vietnam, but he may blame the US for it. He won't say a word about Russian connection because now Russia and China join hand to fight the US.
The whole thing is like a chain:
Many countries involved with this genocide, but now everyone washed its hands. Vietnam is the first to blame then China, US, Germany, UK, and Thailand.
Cambodia shoul make their case to sue Vietbnam, China, US, Russia, UK, and Germany for causing the genocide in Cambodia. Cambodian should demand the compensation for multi billion of USD. Those countries supported Pol Pot regime to kill khmers.
Are you kidding? These losers don't know the law but they know one thing "killing each others and destroying themselves."
HAHA.. they called themselves Khmers and KHmer starts with "K" means KILL. We Vietnamese starts with "V" means "Victory". And Thailand I don't know.
Thai starts with "T" and T stands for Taoism means the power the Tai made. Agree 1000% Khmers are good in killing each others, they are the dumbest one earth.
Yes why don't they sue China and US for big bucks? Oh well the dumbest cannot get better.
It would be a real strategy if the UN court stops functioning due to the controversy surrounding King Sihanouk!
My suggestion is get the UN court start moving again with or without King Sihanouk for now! During the trial, the experts can bring many theories and back up with evident that explain how King Sihanouk involved in some way in the mass killing of Cambodian people! When the accusation fly across the court room and I am sure that King Sihanouk will not stand by watching the UN court mudded him and destroyed his reputation and eventually he will be forced by a sense of guilt to come to court to defend himself! If King Sihanouk doesn't want to protect his reputation and that is fine by me because he can die like dog and no human will attend his funeral!
It is very flimsy to use King Sihanouk as an excuse to stop the whole UN court to trial the Khmer Vietminh or the Khmer Rouge!
With that in mind and get it on!
I agree with Son Chhay that the Tribunal court cannot be under threats or coercion; but Cambodia case is too complicated. Because the genocide was involved with the superpower nations especially China.
Hun Sen and his counterpart, Vietnamese done their homework and they did very well. They have to protect China, and so does King Sihanouk. Since the King has no power anymore he would do whatever he must to save the face of China and to keep the nation from going back to war.
Thus I have to agree with Sok Sam that this meeting between tribunal officials and the former King would serve no purpose.
Why did he say that? Because of the law makes clear that the Monarch is immune from prosecutions.
Q/ Why did Vietnam, Cambodia protect China?
A/ These two are poor countries, and since today China is #2 superpower Nation on earth is next to them the two must be very careful.
A'/ Cambodia cannot totally go against China, because the US now is doing business with Vietnam their former enemy.
A"/ But Cambodia cannot totally make enemy with the US either. Cambodia needs both China and the US because she is too poor.
So, the King may likely blame the US for spreading the war into Cambodia or more and who knows what he will tell the world.
I think the King should tell his side of story albeit some of his enemy don't agree his testimony, but he ought to answer what happened under and after his regime.
Supposed Sihanouk refused to help Ho Chi Minh and stay neutral, then what will happen? Cambodia will be taken by force by the Communist of Vietnam supported by China and Soviet Unions.
Supposed Cambodia accepted the US, then the US will lose the war, then Cambodia will again fall into the Communist.
Go up or go down Cambodia still cannot run away from Communist (Vietnam).
When Communis took Cambodia, many countries such as Germany and Thailand did the business such as selling weapons, germs,.. with KR, now the two denied.
The UK, US.. refused to find out what was going on with Cambodia people under KR, because they did not want to upset China. If they did Cambodian people would have not been dead for millions.
So the KRT will not serve the need of the people who asked to prosecute King Sihanouk, albeit to them he is guilty.
He is guilty to one group but he is not guilty to another group who understand and who are seeking to reconcile and to build the country to meet with this modern century.
Some not too many hate Sihanouk but too many love Sihanouk. The Nation is now divided. So the conclusion Hun Sen/CPP will win again & again.
Why? He is the only candidate can keep people from rising, but to keep the country in stable. Cambodia needs Peace not War. The more people attack Sihanouk, the more powerful Hun Sen.
Any smart person would have figured out that this Trial is a show to satisfy some who demanded for justice. But every justice or freedom has a high price.
You are so right that Cambodia had no way to escape from being taking by the Communism.
1) Going with the US, the Communist will take by force. Because the US will definitely abandon Cambodia. The US alone cannot fight against China, Soviet behind Vietnam. If the Communist take Cambodia, may be the whole country will be all forced to change their names to the Vietnamese names just like Khmer Krom.
3) Going with Communist Cambodia may have a chance to survive. Yes she is here today at least.
Cambodia is just like a little mise inside the case ready to be eaten by the cats. But some of these people who hate him, don't think that way.
There are more dumb Khmers still don't figure out.
Tell me something I don't know.
These trouble makers are in their own world, don't know anything.
We need PM Hun Sen to stay in power until he will be 90 years old to keep the trouble makers out of our country.
So you said Hun Sen/CPP used ah dumbest sourn serey ratha to make noise then ah Hun Sen said he cannot step down because this kind of troubles can jeopardize the nation?
Ah Hun Sen is blind one eye but ah sourn serey ratha is blind both eyes, because his little brain with noise helps ah kvak to use to win the election again.
Sihanouk will never be found guilty because he is protected by the law, then what will be next?
If Sihanouk is guilty then the chen and the yiek Cong too are all guilty.
Khmers are now divided again. The more Khmers divided the powerful ah Kvak.
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