Showing posts with label Ouk Bunchhoeun. Show all posts
Showing posts with label Ouk Bunchhoeun. Show all posts

Monday, June 04, 2012

Top officials eyed in KRT probe: report

Monday, 04 June 2012
Bridget Di Certo
The Phnom Penh Post

Cambodian People’s Party heavyweights Chea Sim and Heng Samrin are named along with Cambodian Army chief Pol Sareoun and another senator as “persons of interest” in an investigation into government opposed Case 003 at the Khmer Rouge tribunal, Australian newspaper The Age reported yesterday.

International reserve co-investigating judge Laurent Kasper-Ansermet named the four as potentially having information about “atrocities committed against ethnic Vietnamese civilians living on the border with Cambodia”, the paper reported.

Additionally, documents obtained by the Post over the weekend show that Brother No 2 Nuon Chea’s defence team has filed a motion for public disclosure of the “forwarding order” by the now-resigned Swiss judge.

“In a forwarding order issued shortly before his departure (the ‘Forwarding Order’), Judge Kasper-Ansermet made it known to the [Office of the Co-Prosecutors] that – in his considered judicial opinion – Heng Samrin, Chea Sim, Ouk Bunchhoeun and Pol Sareoun may fall within the ECCC’s personal jurisdiction,” the request, filed on Friday, reads.

Friday, February 17, 2012

Defence wants Meas Muth on stand

Former Khmer Rouge navy commander Meas Muth speaks to the Post in 2009. (Heng Chivoan/Phnom Penh Post)

Friday, 17 February 2012
The Phnom Penh Post

Khmer Rouge Navy commander Meas Muth, an alleged suspect in government-opposed Case 003, is on a list compiled by the Khmer Rouge tribunal Trial Chamber as a witness who can address the communication and administrative structures of the Khmer Rouge.

Accused regime leader Nuon Chea’s defence counsel yesterday requested that Meas Muth be summoned to present oral testimony in the courtroom.

“Where witness statements go to the acts or conduct of the accused or pivotal issues in the case, the makers of those statements, where available, should be present in the court room,” defence counsel Andrew Ianuzzi said.

“Meas Muth, as we all know now, is a suspect in case three … is a witness on the list to communications structure.”

Wednesday, October 14, 2009

Don't forget to lift the parliamentary immnity of the former KR leaders summoned by the KRT first!

Let me have a say!

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


- On 25 September 2009, the Khmer Rouge Tribunal (KRT) summoned 6 former KR leaders as witnesses to the crimes against humanity that took place under the Democratic Kampuchea (DK or KR) regime between 1975 and 1979.
- The 6 former KR leaders are: Chea Sim, Heng Samrin, Keat Chhon, Hor Namhong, Ouk Bunchhoeun and Sim Ka.
- Hun Sen, the former most senior KR commander along the eastern shore of the Mekong River in 1977 – a region which saw savage killing, reacted to the tribunal summonses on 08 October 2009, by saying: “The testimonies provided by high-ranking government officials could affect the future KRT trials against 4 former DK leaders (Khieu Sampham, Nuon Chea, Ieng Sary and Ieng Thirith).” Hun Sen 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?”
- In the past, this same former most senior KR commander along the eastern shore of the Mekong threatened the KRT by saying: “If the tribunal dares to summon other KR leaders more than the five who are currently being incarcerated, Cambodia could face war and between 200,000 to 300,000 people will die.”
- The threat leveled by the former most senior KR commander along the eastern shore of the Mekong not only shook up the KRT … but it also scared almost all the Cambodians in the kingdom because [through this threat], they learned that the KR whom Hun Sen boasted that they have all disappeared – just like wax under the scorching sun – in fact, they still have their forces, in particular, they are now crowding the ranks of the current National Assembly, Senate and government (!!).
- Hun Sen’s reaction is likened to a cow with a sore on its back, and it stretched out its tail when the crow flies over it. The problem about these former KR killer chiefs (i.e. the current high-ranking Cambodian government official) is that they are either those who ratified the law, or those who will cause the death of the accused (such as Khieu Samphan, Nuon Chea, Ieng Sary and Ieng Thirith), isn’t this a good thing? Indeed, in order to find the truthful proofs of the crimes, witnesses who were “former KR killers” should be brought in to accuse one another. Suppose that the 4 who are accused tell the court that: These 6 people were also ‘former killer chiefs’ like they were, what will happen then? Uh! This is where justice should lie on (!!), i.e. when the former killer chiefs or the former robbery chiefs are blaming each other (!!). Let Hun Sen asks the following question to the Cambodian victims of the “Killing Fields”: Is there anybody who does not want to see the former KR leaders being subjected to the most severe sentence?? Why would Hun Sen be afraid that the accused “die” instead (??). This is just killing us!!
- Regarding the “arrest of the former KR leaders and bringing them to trial”, the tribunal did not completely fulfill its duty yet, because it cannot just arrest and put on trial Khieu Samphan, the former No. 2 DK president, while bypassing Norodom Sihanouk, the former DK first president. Furthermore, how could it detain and put on trial Ieng Thirith, the former DK minister of national Education while bypassing Keat Chhon, the former deputy prime minister, Tiounn Mom, the former minister of Science, and Chhon Hay, the former minister of Post and Telecommunication, after all, all of these 4 KR cadres occupied similar positions under the DK regime. Similarly, the tribunal cannot just detain Duch, the former S-21 jail chief, and put him on trial while bypassing Hor Namhong, the former Boeung Trabek (B-32) jail chief. More importantly, if Hun Sen himself declared that he was the former most senior KR commander along the eastern shore of the Mekong … why the tribunal does not hurry up to detain him and bring him to trial??? Uh! Is there any justice at all?? What are they trying to do??
- What Sam Rainsy said about the fact that the rank of the current government is packed with former KR leaders, he was right. The summonses issued on 25 September 2009 by the KRT for the 6 KR leaders are proof that they are truly KR leaders (!!)
- Recently also, one of Sok An’s dogs barked: They should not summon these 6 former KR leaders “because it was not necessary” (sic). We believe that this dog must bark about this … “because it is necessary.”
- If the KRT indeed summons these 6 former KR leaders, the National Assembly and the Senate should not forget to hold a session to lift “their parliamentary immunity” first (!!)

Friday, October 09, 2009

Cambodian Gov't officials asked to testify at war crimes trial

October 9, 2009
ABC Radio Australia

In Cambodia, the United Nations-backed Khmer Rouge war crimes tribunal has summoned six senior government ministers and legislative officials to appear as witnesses.

The French investigating judge wants the officials to testify in the second case, which is expected to question former Khmer Rouge idealogue Nuon Chea. But the Cambodian government says any testimony will be given on a voluntary basis.


Presenter: Sen Lam
Speakers: Michelle Staggs Kelsall, Deputy Director, Asian International Justice Initiative


KELSALL: These are really current senior ministers and legislative officials from the current Cambodian People's Party and the ruling government and we have the president of the Cambodian People's Party, Chea Sim, also the president of the National Assembly, Heng Samrin, Minister of Foreign Affairs and Finance and then two PPP senators, Ouk Bunchhoeun and Sim Ka.

LAM: Do we know why these ministers have been summoned? Has it anything to do with any kind of connection with the former Khmer Rouge?

KELSALL: Eh, well certainly the witnesses who've been testifying in the tribunal to date and certainly the information on public record would suggest that these ministers are being summoned to their role in the Khmer Rouge during the period of 1975 to '79. They are obviously being asked to testify to evidence that they may know with regard to what happened during that period due to their role at that time.

LAM: Has there been any government reaction to the call up of these government ministers?

KELSALL: Yes certainly. The spokesperson for the government, Khieu Kanharith has come out publicly to say that any participation of the ministers should be considered as voluntary and the government's position would be that these summonses should be seen as voluntary contribution to the tribunal's efforts. However, the courts internal rules tend to suggest that anyone issued a summons should comply with it and in actual fact it is mandatory.

LAM: And Michelle, the Khmer Rouge tribunal, of course, is a joint tribunal and the panel is made up of both international and Cambodian judges. Did the Cambodian, the local judges agree to this request?

KELSALL: The summons has been served has only been signed by the court's international co-investigation judge, Marcel Lemonde which tends to suggest that this dispute from the Cambodian side with regard to these summonses going forward. The court has come out publicly to say that they are unaware of any particular dispute, however, the lack of a signature on the summonses tends to suggest that... this is going forward from the international side alone.

LAM: And returning to the people who have been called to testify. There have been questions about Finance Minister, Hor Namhong's role during the Khmer Rouge. Is it likely that he will be questioned directly about his role during the Khmer Rouge rule between 1975 and 1979, or will the testimony largely focus on the defendant?

KELSALL: I think there will be some discussion of his own role just in relation, however, as to how this impacts on the accused person standing trial. Of course, it does have measures in place, witnesses who testify are able to avoid self-incrimination. They do have the right not to answer certain questions if they feel it will incriminate themselves. So in that respect, witnesses are protected from any possibility of this being the case. Obviously the investigating judges are ultimately concerned with the accused on trial and I would have thought the questions would focus on their role and what was occurring at the time period.

Thursday, October 08, 2009

Khmer Rouge tribunal summons gov't party officials

2009-10-07
By SOPHENG CHEANG
Associated Press


The tribunal trying former leaders of Cambodia's Khmer Rouge announced Wednesday that it has summoned six leading members of Prime Minister Hun Sen's ruling party to give testimony.

The action is likely to irk Hun Sen, who has repeatedly expressed his sharp dissatisfaction with any efforts by the U.N.-assisted tribunal to expand its scope and possibly include his political allies as suspects in grave human rights abuses committed when the communist Khmer Rouge held power from 1975-79.

The tribunal is seeking justice for the estimated 1.7 million people who died in Cambodia from execution, overwork, disease and malnutrition as a result of the communist Khmer Rouge's radical policies.

The tribunal released copies of letters summoning the six to testify to the investigating judges of the court. They are top members of Hun Sen's Cambodian People's party: Foreign Minister Hor Namhong, Finance Minister Keat Chhon, National Assembly president Heng Samrin, Senate president Chea Sim and two other senators, Ouk Bunchhoeun and Sim Ka.

All are also former members of the Khmer Rouge, or exercised some authority when the group was in power.

The documents were released late in the day, and those named could not immediately be reached for comment.

The letters did not say specifically what information was sought, but said it was in connection with the cases of Nuon Chea, the group's ideologist; Khieu Samphan, its former head of state; Ieng Sary, its foreign minister; and "others." The three, along with Ieng Sary's wife, Ieng Thirith, who was minister for social affairs, are expected to be tried next year.

The tribunal is currently trying its first defendant, Kaing Guek Eav _ also known as Duch _ who commanded S-21 prison in Phnom Penh, where up to 16,000 people were tortured and then taken away to be killed. He is charged with crimes against humanity, war crimes, murder and torture.

Testimony in the his trial concluded last month, and closing arguments will be held late next month.

Critics accuse Hun Sen of trying to limit the tribunal's scope to prevent his political allies from being indicted. Hun Sen himself once served as a Khmer Rouge officer and many of his main allies are also former members of the group.

Hun Sen has claimed that expanding the list of defendants could lead to civil war, a claim doubted by his critics. The Khmer Rouge took control after a bitter 1970-75 civil war, and after being ousted from power in 1979, fought an insurgency from the jungles until 1999, when they ceased to exist as an organized force.

Last month, a tribunal prosecutor formally recommended that five more suspects be investigated for crimes against humanity and other offenses.

Khmer Rouge court calls government witnesses (Update)

Cambodia's senate president Chea Sim (R) and National Assembly president Heng Samrin

Wednesday, October 07, 2009
AFP

PHNOM PENH — Cambodia's UN-backed Khmer Rouge war crimes court has summoned six top government and legislative officials as witnesses against leaders of the late 1970s regime, said documents released Wednesday.

In a move opposed by the Cambodian government, letters signed by the French investigating judge called on the officials to testify in the second case against former Khmer Rouge leaders for war crimes and crimes against humanity.

Current senate president Chea Sim, national assembly president Heng Samrin, foreign minister Hor Namhong, finance minister Keat Chhon and senators Sim Ka and Ouk Bunchhoeun were each "asked for a hearing as a witness," said the letters.

They will have to give testimony to an investigating judge of the tribunal, which was created in 2006 to try leading members of the regime.

"Except for individuals who volunteer to go, the government's position is no to this even if they are called as witnesses," government spokesman Khieu Kanharith told AFP Wednesday.

He said that foreign officials involved in the tribunal "can pack their clothes and return home" if they are not satisfied.

However Heather Ryan, court monitor for the Open Society Justice Initiative, said the move to release the court documents was an "important step" which might make members of government feel obliged to cooperate with the tribunal.

"The fact that the letters are public hopefully increases the chances they will comply with the summonses," Ryan said.

Critics of Cambodia's administration have previously alleged that it has interfered in the tribunal to protect former regime members now in government.

The court's second case is expected to try detained former Khmer Rouge ideologue Nuon Chea, head of state Khieu Samphan, foreign minister Ieng Sary and his wife, minister of social affairs Ieng Thirith.

As the court has sought to investigate other suspects, Prime Minister Hun Sen has warned further prosecutions could plunge Cambodia back into civil war. But critics say there is no risk of more fighting after over a decade of peace.

Final arguments in the court's first trial of prison chief Kaing Guek Eav, known by the alias Duch, are scheduled for late next month.

He has used the proceedings to accept responsibility and apologise for overseeing the execution of more than 15,000 people at the main Khmer Rouge jail, known as Tuol Sleng.

Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia's cities in a bid to forge a communist utopia, resulting in the deaths of up to two million people from starvation, overwork and torture.

Wednesday, October 07, 2009

6 CPP comrades called in as witnesses

Court calls top govt witnesses

Oct 7, 2009
AFP

PHNOM PENH - CAMBODIAN'S UN-backed Khmer Rouge war crimes court has summoned six top government and legislative officials as witnesses against leaders of the late 1970s regime, said documents released on Wednesday.

In a move opposed by the Cambodian government, letters signed by the French investigating judge called on the officials to testify in the second case against former Khmer Rouge leaders for war crimes and crimes against humanity.

Current senate president Chea Sim, national assembly president Heng Samrin, foreign minister Hor Namhong, finance minister Keat Chhon and senators Sim Ka and Ouk Bunchhoeun were each 'asked for a hearing as a witness,' said the letters.

They will have to give testimony to an investigating judge of the tribunal, which was created in 2006 to try leading members of the regime. 'Except for individuals who volunteer to go, the government's position is no to this even if they are called as witnesses,' government spokesman Khieu Kanharith told AFP on Wednesday.

He said that foreign officials involved in the tribunal 'can pack their clothes and return home' if they are not satisfied.

Critics of Cambodia's administration have previously alleged that it has interfered in the tribunal to protect former regime members now in government. The court's second case is expected to try detained former Khmer Rouge ideologue Nuon Chea, head of state Khieu Samphan, foreign minister Ieng Sary and his wife, minister of social affairs Ieng Thirith.

Friday, November 21, 2008

Senate Commission Examines Court System [-The thieves are asked to investigate their robbery case?]

A senator said Thursday his commission had not identified the root of the court system's problems.

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
20 November 2008



The Senate's legislation and law commission is undertaking an examination of laws and irregularities inside Cambodia's courts, said Ouk Bunchhoeun, head of the commission.

"We just started the survey since the first semester, in Kampong Speu [provincial] court," he said. "We found some irregularities, like verdicts that must be applied to a person though the person refuses to have them applied, and the problem of over-extended provisional detention."

Cambodia's courts are widely accused of bias and corruption, something Ouk Bunchhoeun acknowledged the commission had found.

"But it seems difficult to evaluate clearly the origin of the problem," he said.

The examination will continue throughout Cambodia's 24 provinces and municipalities. The Senate commission is now examining the courts in Kandal province. Next on the block: the provinces of Prey Veng, Svay Rieng and Kampong Cham.

The commission is not only surveying the courts but is questioning local organizations that work with them, Ouk Bunchhoeun said.

Chan Saveth, a senior investigator for the rights group Adhoc, said Thursday that in reality, poor defendants saw swift action from the courts, unlike the rich or powerful.


"If the case is related to politics, the suspect is not easy to catch and the court delays action," he said. "And usually the poor say they lose justice because they have no money to pay the corrupt. Plus, we can note that the court is under the pressure of politics and powerful people."

Among other overhauls, donors have requested a reform of the judiciary.


According to a recent Center for Social Development survey, between April 1 and June 30 this year, 322 defendants failed to show in 137 trials. Of these, 6 percent were in detention but were not brought to court. The other 94 percent were not detained; they were either released or never arrested.

USAID in 2007 began hanging information boards inside court compounds to help the public understand transparently set fines for different crimes.

Ouk Bunchhoeun said the commission's work was ongoing, but at the end of it the Senate planned to write a report with recommendations that will be sent to relevant institutions like the Ministry of Justice.

Justice Minister Ang Vong Vattana said Thursday the commission's work "will help us reform in the future."