The Mirror, Vol. 11, No. 526
“In his comment: ‘Can the Khmer Rouge tribunal be just?’ Mr. Lao Mong Hay indicated that Samdech Preah Norodom Sihanouk, Preah Mohavirak Khsatr [the Great Heroic King], should share part of the responsibility with the former Khmer Rouge leaders, because he was also involved in the regime.
“In an article published on 19 September from Hong Kong: ‘Rule with Fear,’ Mr. Lao Mong Hay wrote that in August, an agitating statement was released by the Cambodian government and some other national institutions, to affirm and protect the immunity of the former King Preah Moha Khsatr Samdech Preah Norodom Sihanouk, so that he should not be summoned by the court to explain anything at the Khmer Rouge tribunal, neither as a defendant nor as a witness.
“This tribunal has a jury including Cambodian and international judges, appointed by the United Nations. This tribunal is created and operated in accordance with Cambodian laws, in order to try [former] Khmer Rouge leaders who were the most responsible for the crimes committed under their rule from 1975 to 1979.
“The article continued that Samdech Preah Norodom Sihanouk was Head of State of the Khmer Rouge regime until 1976; in that position he had a certain social control over many Khmer citizens, so that he might share responsibility for crimes committed at that time. Some of those Khmer citizens asked that his immunity should be removed, so that he could appear in court.
“The Cambodian Government saw a specific possibility that this tribunal might summon him to appear in court. This possibility appeared after the Deputy Director of the administration of the Extraordinary Chambers in the Courts of Cambodia of the UN had written in response to the invitation by Samdech Sihanouk for some officials of this tribunal to discus with him about his role related to the Khmer Rouge. This letter had said, ‘Only the judges of this tribunal will be able to decide who should appear to be a witnesses.’ To eliminate this possibility, the government released a threat, saying, ‘Cambodia will abolish the Khmer Rouge tribunal if it invites Preah Mohavirak Khsatr to court.’
“According to Mr. Lao Mong Hay’s article, such a threat shows again that that the Cambodian Government is in complete control the courts, including the Khmer Rouge Tribunal. Samdech Sihanouk himself had also affirmed that the government is in control of the courts in his Open Letter in English, dated 1 September 2004, referring to the tribunal. In the letter, he said, ‘I will not accept to give up the royal immunity… unless the International Court of The Hague is given the responsibility of judging me and, eventually, sentencing me to prison.’ He added that he will not ‘accept to be judged by Khmers because there is only an infinitely small number of independent, neutral and impartial Khmers.’
“The government controls the judges who are in the ruling party – i.e. the Cambodian People’s Party [CPP]. This is the former communist party that adheres to strict discipline like before. The government also controls the court through open and secret activities against judges.
“In May 2006, Khmer administration officials of the Khmer Rouge tribunal held a press conference and announced the appointment of judges and prosecutors to the tribunal. One of the many questions raised was about the tendency of the judges, both Khmers and foreigners, toward political parties. No appropriate answer was given to the question, but one day later, Prime Minister Mr. Hun Sen criticized and attacked the person publicly who had asked this question, calling him a mad creature for raising the question of the membership of Khmer judges in the CPP.
“Among the open and direct measures to control the courts, the policy of Mr. Hun Sen of using an “Iron Fist” in 2004 is publicly known, when he accused the court system of being corrupt. A number of judges and some court officials were condemned, but after that, they were spared just by claiming that there is not enough evidence against them.
“Such actions frightened all judges and prosecutors throughout the country. There was also a serious action taken at Mr. Hun Sen’s order in 1999, to re-arrest people who had been released by the court which had not respected its rules. That action was directed against crimes.
“The UN, which has helped Cambodia with the process of creating the Khmer Rouge tribunal, is not satisfied that the courts are under political control. The UN Secretary-General’s envoys for Human Rights in Cambodia saw these problems clearly since 1993 and tried – though without success – to help the courts get out from political control.
“In 1998, at the request of the government, three specialists of the UN were appointed to open ways for the creation of the Khmer Rouge tribunal. In their study about the Cambodian courts in 1999, they found that many areas were under political control. With this discovery, the group concluded that a local tribunal, arranged under Cambodian law, should not receive financial supports from the UN.
“However, the UN did not care about this recommendations and continued to prepare assistance towards a tribunal, and allowed the trial to be organized under Cambodian law. At present, the issue of the former King’s immunity puts another load onto this tribunal under political control. Only one or two [former] Khmer Rouge leaders have been imprisoned, and it is a big question mark whether this Cambodian-UN tribunal can avoid being under political control, and maintain an independent court process that will respond to the expectations of many people who think that this tribunal shall be an independent element in the Cambodian court system.
“Mr. Lao Mong Hay is now a senior researcher of the Asian Human Rights Commission, based in Hong Kong. Previously, he was director of the Khmer Institute for Democracy in Phnom Penh, Cambodia, and a professor at Toronto University, Canada, in 2003. In 1997, he got an award from Human Rights Watch, and the Nansen Medal in 2000 from the United Nations High Commissioners for Refugees.” Sralanh Khmer, Vol.3, #510, 21.9.2007
Newspapers Appearing on the Newsstand:
Friday, 21 September 2007
Kampuchea Thmey, Vol.6, #1450, 21.9.2007
- Two Cambodian Personalities [Tea Banh, Minister of Defense, and Cham Prasidh, Minister of Commerce] Receive Honorary Doctor’s Degrees from the University of Cambodia
- Man Rapes [72-year] Old Woman Who Begged Him Not to Rape Her Granddaughters [he is arrested – Kien Svay, Kandal]
Khmer Amatak, Vol.8, #517, 21.9.2007
- Hun Sen Has Ruled [Cambodia] for Nearly 30 Years: The Economy Grows Only for His Relatives and Partisans, but People Get Poorer and Poorer and Some People Starve
- Nuon Chea’s Wife Says It Is Not Fair That the Invasion by Yuon [Vietnam] and the Bombings by the USA Are Not Tried
Khmer Machas Srok, Vol.1, #29, 21-22.9.2007
- [Khmer Rouge tribunal Press Officer] Reach Sambath: Nuon Chea Is in Good Health, He Can Write and He Can Watch TV
- Siam [Thailand] Fires Missile [for military exercise] over Preah Vihear Temple 17 km into Cambodia
Moneaksekar Khmer, Vol.14, #3269, 21.9.2007
- Washington Welcomes Tribunal’s Arrest of Brother No. 2 Nuon Chea
- Police Confess that They Cannot Suppress Robbers Who Use AK-47 Guns, because They Have Highly Placed Protectors [Phnom Penh]
Rasmei Kampuchea, Vol.15, #4395, 21.9.2007
- Khmer Rouge Tribunal Cautious about Nuon Chea’s Health
Sralanh Khmer, Vol.3, #510, 21.9.2007
- Lao Mong Hay: Samdech Sihanouk Should Share Some Responsibility with Khmer Rouge Leaders
- US Announces Aid for Khmer Rouge Tribunal after Arrest of Brother No. 2 Nuon Chea
