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Published by the Cabinet of Samdech Hun Sen MP of Kandal Prime Minister

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Published by the Cabinet of Samdech Hun Sen MP of Kandal Prime Minister Published by the Cabinet of Samdech Hun Sen —————— MP of Kandal Prime Minister Monthly Bulletin, Issue 14 January, 1999 AIDE MEMOIRE: An Analysis on Seeking a Formula for Bringing Top KR Leaders to Trial Handed over to H.E. Ambassador Thomas Hammaberg, the UN Secretary General's Special Representative on Human Rights in Cambodia, by Samdech Prime Minister Hun Sen during the meeting on January 21, 1999. antee for social issue and eco- nomic development within stable and peaceful environment of Cambodia. The two topics, to seek a formula for the trial and national reconciliation, must be taken into consideration simulta- neously, without intending to pri- oritize one over another. This means that the two topics deserve concurrent consideration within the context of national reconcilia- tion and inviolability of Cambo- dian sovereignty. They wish to see that the RGC continues to make efforts in line with this ten- - Over the past weeks, after the re- yet succeeded before. The threats dency, and are prepared to pro- turn to the fold of the nation as of the return of the genocidal re- vide assistance to the latter. Sev- simple citizens of Khiev Samphan gime that was in existence within eral questions have also been and Nuon Chea on December 25, the past 20 years had come to an raised: 1998, there emerged public opin- end. - What is an appropriate tribunal ions and positions that deserved - At the same time, there existed to be established? International to take into consideration. First opinions that demand for an ur- or national? A mixed of both? of all, everyone welcomes this gent trial. Some even called for Or other form of tribunal? event and considers that: the arrest of the Khmer Rouge - How will the offences be - This event confirmed that the leaders, treating them as prisoners charged? In which periods? Khmer Rouge organization had of war, upon their return to the From 1970? Only between 1975 come to an end. The national fold of the nation. There existed to 1979? Or between 1979 to reconciliation in Cambodia, also counter-opinions. Both opin- 1998? Those demand a consid- which was the source of peace ions and counter-opinions have eration for the nature of the fact and stability, had been fulfilled prompt-ed an inquiring atmos- pattern from 1970 to 1998 once and for all, and this peace phere that whether ten thousands stressed that it is an inseparable and stability, in turn, would bring of former Khmer Rouge soldiers set of facts. new national development to and their families who thus far - Therefore, the following issues Cambodia. The Royal Govern- defected have any concern for need to be properly considered in ment of Cambodia (RGC), which their fates in the future. the context of seeking a formula is the executive power, has suc- - At present, there is an assessment for a tribunal to be set up and pro- ceeded in carrying out its tasks in that the last stage of the national viding the opportunity for lawyers solving the issues of national rec- reconciliation is very significant. to review all legal aspects. onciliation, finding peace, bring- It may lead Cambodia to a long ing about stability, and leading lasting peace and development, or 1) Court of Law the country towards a new devel- it may plunge Cambodia into in- opment in accordance to the pol- stability and insecurity. Those - The main request, for establishing icy approved by the National As- with this assessment are in the a court of law to try criminals of sembly. RGC is now controlling position that a trial is inevitable, genocide, is to guarantee that jus- all corners of the country, which and that there must be a full guar- (Continued on page 2) The Cabinet of the Prime Minister, Phnom Penh, Cambodia; E-mail: [email protected]; Internet: http://www.cppusa.net/camnewvision Tel: 855-23 219898; Fax: 855-23 983411/426105 Cambodia New Vision - January 99 (Continued from page 1) eration, as it is the basis to guar- - From many years of experience, tice is done for Cambodian peo- antee for justice of the trial. when war was erupted we neither ple, and responsible people are - In August 1979, the Kampuchean could find justice for the people punished. It is not at all for the People's Revolutionary Court nor could we protect them from purpose of revenge, but for both conducted a trial and issued a being killed and destructed, and it justice and non-recurrence of verdict specifying the period from was always the Cambodian peo- crime of genocide – assuring that 1975 to 1979. An upcoming ple who were victims. Peace that no more Cambodian will be killed court to be set up should consider we achieved at the moment is or victimized. this verdict. stemming from the will of the - It is unavoidable to consider the - Besides the Kampuchean People's Cambodian people after two bil- suggested period from 1979 to Revolutionary Court of August lion US dollars had been spent by 1998, since after carrying out 1979, there were two trials to be the United Nations. We wel- crime of genocide from 1975 to mentioned. The first trial was in come and continue to appreciate 1979 and being expelled from July 1970 held by the Martial the moral and material assistance power, the Pol Pot political and Court of the former Khmer Re- extended by the international military organization still existed public. It passed an unjust death community for safeguarding and and continued to be the vital sentence on His Majesty the assuring peace, national recon- threats to Cambodian people. King, Samdech Preah Norodom ciliation, and development in The massacre of innocent citizens Sihanouk, and a life imprison- Cambodia. in various regions, including ar- ment sentence on Samdech Preah - Since instability or peace is the eas under their control, and the Reach Akak Mahesei Monineath vital issue for the Cambodian na- killing of foreigners and personnel Sihanouk, after the coup that was tion and people, the National As- of UNTAC were natures of crime overthrowing him in March 1970. sembly that represents the will of against humanity. It is therefore The second trial was held at the the people has important respon- necessary to conduct investiga- beginning of 1975 by the National sibility and decision to make on tions on crimes and offenders of United Front of Kampuchea and what to do to reflect the sover- each stage, and define the causes passed death sentences on seven eignty of Cambodia that leave and legal aspects of each period: individuals; namely, Lon Nol, Cambodian to decide their desti- Sirik Matak, Cheng Heng, In nies by themselves. From 1970 to 1975 - what Tam, Long Boret, Sosthene Fer- - The above mentioned issues are kind of offense to be consid- nandez, Hang Thunhak -- among collective public opinions which ered and charged? whom only In Tam and Sosthene deserved consideration from the From 1975 to 1979 - what Fernandez are still alive. The legislative body, executive body, kind of offense? Khmer Rouge killed Sirik Matak, the court of Cambodia, and con- From 1979 to 1998 - what Long Boret, and Hang Thunhak, cerned international community. kind of offense? whereas Lon Nol and Cheng - We do not want to fall in a plight Heng died of diseases. like a Cambodian saying, "the - Who committed crimes? There boat sinks when it reaches the were different crimes in each pe- 2) Prosecution, Instability, Na- shore."¡ riod. One needs to consider also tional Reconciliation, and that if the criminals and the vic- Peace tims are Cambodian and the crime took place in Cambodia, - National reconciliation and peace then what kind of court of law are indispensable requirement of would suit both legal and moral the Cambodian nation and peo- aspects? If it is a mixed court, ple, and the trials of offenders to there must be legal provision ap- find justice for Cambodian are proved by the national assembly, the goal and obligation to be ful- and joined training among law- filled. yers to guarantee the legal effec- - Morality and justice are of signifi- tiveness. Shall there be an interna- cant foundation and driving force tional court, it would be estab- for the current situation in Cam- lished by the United Nations. bodia during its transitional pe- Would the United Nations Secu- riod from national reconciliation rity Council be able to establish it? and democracy to stability and - Whatever the court will be, it has long lasting peace. to look into related causes and - There must be due consideration effects from the beginning to an before taking any action, avoid- end. Therefore, the successive ing any action that would jeop- periods mentioned above, as ardize national reconciliation in sounded out by public opinions, Cambodia. We need both peace will have to be taken into consid- and justice. Page 2 January 99 - Cambodia New Vision (Continued from page 4) control the number of the mili- end to an anarchy in logging; to help armed forces to serve as faithful tary. Next, there is a need to the Ministry of Economy and Fi- defenders and servants to the launch a campaign to remove nance to eliminate the tax evasion people. They must refrain from from the payroll the soldiers and problem bring about national reve- doing any harms to the people, police who exist only the names nue; to strictly apply discipline on but assisting them in time of “ghost soldiers.” Finally, there is anyone in the armed forces who per- need and justly implementing the a need to have a procedure to form illegal businesses or support ille- mottos of Nation, Religion, and demobilize forces stage by stage gal businessmen.
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