The planning to sue him took place immediately after he had summoned those 6 senior government officials- the President of the Senate Chea Sim, the President of the National Assembly Heng Samrin, Deputy Prime Minister and the Minister of Foreign Affairs Hor Namhong, the Minister of Economy and Finance Kiet Chhon, a member of Senate Mr. Sim Ka, and Mr. Uk Bunchheung a member of Senate as well.
The warrants dated September 15, 2009 in order to testify the officials on behalf of the witnesses under the process of investigation related to crime and war crime against humanity, which took place between April 17, 1975 and January 6, 1979 at the UN hybrid court.
In each warrant enclosed the reason of summon. The reason for calling Mr. Kiet Chhon based on his previously public announcement; for instance, on December 13, 2006 he asserted that he would be responsible for his role during the Khmer Rouge regime, and agreed to clarify in case the court required his present. This was what he answered to the accusation from Mr. Sam Rainsy to say that he played a crucial role during the regime and that he was the consultant of Pol Pot.
The summons to Mr. Chea Sim and Mr. Heng Samrin relied on the requests from a group of lawyers, who asked for the condition of anonymity. While other 2 officials, Mr. Sim Ka and Mr. Uk Bunchheun based on his comments during the interview on August 7, 1990 and August 17 with a researcher.
Mr. Hiter Ryen, an ECCC observer from Free and Fair Initiative Organization clarified over the mater that it was just the testimony and it would not find out their guilt.
It was seen that there was an immediately serious reaction from government officials after the calling. Information minister and the government spokesman Kiev Kagnarith reacted that the government strongly disagreed to send those 6 senior officials, but only in case they volunteered to present at the court by themselves. He also warned that if any foreign ECCC officer did satisfy, he could fly back to his own country.
On October 8, 2009, three days after the summons, Prime Minister Hun Sen said during his speech at 30th anniversary of the National Bank new construction that, “At first, I have a feeling in reaction, and doubted why they are summoning plaintiff as witnesses. They knew these people are the ones who removed Pol Pot from power and they are also the ones who enacted law to sentence Khmer Rouge.” He added, “If they become the witnesses, then they will bring more charges against the defendants.”
Later on, lawyers of the accused were planning to file a disqualification complaint against Co-investigating Judge Marcel Lemonde.
Mr. Ang Oddom, a co-lawyer for Mr. Ieng Sary, said he would sue Mr. Lemonde on the 002 case because he found that the judge did not work in independent and neutral way. He did not abide by the internal discipline of the court. Mr. Oddom added that he had evidence from Mr. Wayne Bastin, former senior investigator and also the analyst of Mr. Lemonde as well. He said the investigating judge should not bias to any party. He had to show all evidence, and not ask for in-charged one.
Mr. Michael Kanavas also mentioned that the judge should not look for evidence to bring only more and more charges against the accused but also other to help them; otherwise he must be breaking the law.
Whereas Mr. Sor Sovan, Kiev Samphorn’s lawyer said he would also lodge a complaint against the judge for disqualification because he was bias and not neutral. The same time, Mr. Phat Pao Seang, the lawyer for Mrs. Ieng Thirith asserted he waited until he discussed the matter with his co-lawyer Mrs. Diana before making any decision.
In relation to the problem, Mr. Laoul Sen, the spokesman of ECCC said Mr. Lemonde did not react.
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