Cambodian opposition MPs stripped of parliamentary immunity
Cambodian opposition MPs stripped of parliamentary immunity Cambodia's opposition says it's under attack because of what it describes as a new round of politically motivated lawsuits and a vote by the National Assembly which has resulted in two opposition MPs being stripped of their parliamentary immunity.
Mu Sochua, former Cambodian minister of women's affairs, and Ho Vann, a Phnom Penh municipality representative, had their immunity lifted after a single show-of-hands vote by the National Assembly. They both face defamation lawsuits in Cambodia's notoriously corrupt courts.
Presenter: Liam Cochrane Speaker: Mu Sochua, Cambodian opposition MP
COCHRANE: High profile opposition MP Mu Sochua has been locked in a battle of lawsuits with Cambodia's Prime Minister Hun Sen for some weeks now.
But, now that the National Assembly has voted to remove the Parliamentary immunity from Mu Sochua and her fellow party member Ho Vann, effectively, the gloves are off...
SOCHUA: The procedures where the most undemocratic because we were not allowed a chance to speak at all and there was a vote by raising of hands, lifting immunity of two members of parliament at the same time in one vote.
COCHRANE: Let's deal with them separately, why was your immunity lifted?
SOCHUA: My case is from a lawsuit by the Prime Minister against me for defamation. The Prime Minister pointed very clearly at me when he went to my constituency and talked about a number of parliament, a women from the opposition party and called me by a name that is not acceptable to call me, he called me a hustler. Second he said that I went and grabbed men and thirdly it was related to meetings that I went to and I was not allowed to go in, and he said that I had a very thick skin. And fourth, which is very, very serious is that I incite my constituents and people against the government.
COCHRANE: And can you tell me about the other member of parliament whose immunity was lifted? Who was that and why was the immunity lifted?
SOCHUA: My colleague, Mr Ho Vann is a member of parliament elected in the municipality of Phnom Penh. He made a comment by responding to the media about honorary degrees that were received by some military officials. His comment was that he didn't think that these degrees were valuable, but if they were valuable then the quality of degrees should allow the numbers of the armed forces to help and then to protect the nation.
COCHRANE: Without parliamentary immunity you face the court as an ordinary citizen, what chances do you think you'll have of finding justice at the court?
SOCHUA: The chance of me getting justice is very close to zero.
COCHRANE: Mu Sochua you've said previously that you would rather go to jail rather than pay a fine if you are found guilty of this defamation charge. Are you still feeling that same way?
SOCHUA: Definitely I am very determined to face the court and I will not be surprised if the court finds me guilty. My stance will not change, I am ready, my conscience is clear about wanting justice, wanting a judicial system that can protect citizens of Cambodia. So I am ready, I am preparing to go to jail.
COCHRANE: There are rumours around at the moment that you are about to flee the country or you may have already fled the country. Is there any truth to those rumours?
SOCHUA: I have always been very transparent that I am not fleeing the country. I came back to Cambodia in 1989, I have never gone back to America to live. My country is Cambodia, I said from the very beginning that I will not flee, I will come back to face the courts.
COCHRANE: Mu Sochua, just finally, this is not the first time this sort of thing has happened. In the past opposition leader Sam Rainsy and Cheam Channy and others have had their immunity stripped, and in Cheam Channy's case gone to jail. Do you think this is a political action against you.
SOCHUA: Yes it's a political action against the opposition. Cambodia is walking more than one step backwards, democracy in Cambodia is in real jeopardy. I think the world community cannot ignore this and especially the government of Australia. What is Australia doing when democracy in Cambodia is facing such a serious set of going back to dictatorship?
COCHRANE: A representative from Cambodia's National Assembly was not available for comment on the issue.Labels: hun sen, immunity, Mu Sochua, Sam Rainsy Party
Cambodia strips MPs of immunity
 Ho Vann speaks with the press during the peaceful protest.  Yim Sovann speaks with the press during the peaceful protest.  Mu Sochua speaks with the press during the peaceful protest.  Wearing face masks, MPs from both the Sam Rainsy and Human Rights parties protest in front of the National Assembly before their colleagues undemocratically voted to lift immunity of MPs Mu Sochua and Ho Vann.  Wearing face masks, MPs from both the Sam Rainsy and Human Rights parties protest in front of the National Assembly before their colleagues undemocratically voted to lift immunity of MPs Mu Sochua and Ho Vann. Monday, 22 June 2009 09:56 UK
Cambodia's National Assembly has voted to strip parliamentary immunity from two opposition members.
The vote means the two politicians, Mu Sochua and Ho Vann, can be prosecuted on defamation charges.
The UN's human rights organisation has criticised the government's increasing use of the courts against its critics.
The government has defended its use of the courts, saying in one case a critic had attempted to cause "chaos and confusion" with inaccurate remarks.
The ruling Cambodian People's Party has a large majority, so the vote against the two members of the opposition Sam Rainsy Party was never in doubt, says the BBC's Guy DeLauney in Phnom Penh.
The two politicians are among at least six critics of the government who have been the subjects of recent legal action.
Mu Sochua had originally launched a defamation suit against Prime Minister Hun Sen. That was dismissed and the prime minister counter-sued.
Ho Vann is being sued for defamation by senior military officials, over allegations that he insulted the quality of their university degrees.
The UN's human rights office in Phnom Penh recently issued a statement expressing concern about the use of defamation and disinformation laws to silence government critics.
But the government has consistently defended its human rights record, pointing to the success of several democratic elections since the return of peace in the 1990s.Labels: immunity, Mu Sochua, Sam Rainsy Party
Cambodia rebukes Thailand
Cambodia rebukes Thailand
Minister Hor Namhong (left) gestures with repeated comments made by top Thai government officials over the complaint to withdraw Preah Vihear temple from World Heritage site. --PHOTO: AP
PHNOM PENH - CAMBODIA on Saturday rebuked Thailand for reopening a debate over an ancient temple on their disputed border that has led to seven soldiers being killed.
High-ranking Thai officials this week asked world heritage body Unesco to reconsider its decision to formally list the 11th century Preah Vihear temple, as ownership of land surrounding the ruins is still in dispute.
Soldiers from Cambodia and Thailand continue to patrol the area and occasional outbreaks of violence between them have triggered gunbattles that have killed seven troops in the past year.
But Cambodian Foreign Minister Hor Namhong told reporters that soldiers would be ready to defend their land again if necessary.
'Cambodia welcomes Thailand militarily, diplomatically, internationally or through peaceful negotiations,' Hor Namhong said.
'(But) it (border fighting) has happened twice... (so) if they want to send their troops to Cambodia a third time, we will welcome them too,' he said.
Thai Prime Minister Abhisit Vejjajiva made a one-day visit to Cambodia last week in an attempt to push forward border talks, but his subsequent comments only appear to have reignited the dispute.
'I heard that the second Thai commander on the border put his troops on alert and I'd like to tell them that Cambodian soldiers are also on alert,' Mr Hor Namhong added.
Cambodia and Thailand have been at loggerheads over the land around the Preah Vihear temple for decades, but tensions spilled over into violence last July when the temple was granted UN World Heritage status.
The border between the two countries has never been fully demarcated, in part because it is littered with landmines left over from decades of war in Cambodia. -- AFPLabels: Hor Nam Hong, Preah Vihear, Thai Prime Minister Abhisit Vejjajiva, Unesco, world heritage
SRP WILL NOT REPLACE MU SOCHUA
SRP WILL NOT REPLACE MU SOCHUA
 June 20, 2009
While pushing for the lifting of Mu Sochua’s parliamentary immunity, Prime Minister Hun Sen has been suggesting that she be replaced as a National Assembly member at the initiative of the opposition Sam Rainsy Party.
On behalf of the SRP, I can assure the Cambodian people and all Cambodia’s friends that Mu Sochua’s seat at the National Assembly will remain hers until the end of her legal term and that no replacement will be appointed.
Mu Sochua is the victim of an injustice. Hun Sen wants to eliminate her from Cambodia’s political landscape. It is a blatant abuse of power that is only possible with a subservient judiciary and a rubber-stamp parliament.
Replacing Mu Sochua would be like politically burying her alive and complying with Hun Sen’s insane desire.
When, in 2005, Cheam Channy, another SRP National Assembly member, was stripped of his parliamentary immunity and subsequently put in jail following a trumped-up criminal charge, there were also suggestions that he be replaced. But it was clear to us that replacing Cheam Channy would mean that we would accept the injustice done to him, let our colleague down, contribute to his political elimination and compound a personal tragedy. We proudly accepted to temporarily and practically lose a seat, a voice and a vote at the National Assembly.
We were right to stick to our principles. In 2006, Cheam Channy was released from prison, his immunity restored, and he recovered his seat at the National Assembly.
We are confident that adopting a similar position in the case of Mu Socha now is the right thing to do.
The same observations apply to the case of countless SRP-affiliated elected commune councilors, including commune chiefs, who have been arrested and sent to jail for politically-motivated charges. For instance, Mu Sochua’s case cannot be dissociated from the case of Tuot Saron, the SRP-affiliated elected chief of Pong Ro commune in Kampong Thom province’s Barai district. Tuot Saron is currently and unjustly in jail. But he will not be replaced. We will do all we can to help free him and to re-install him as commune chief as we are fighting to render justice to Mu Sochua.
Sam Rainsy Member of Parliament SRP PresidentLabels: Hu Sen, Mu Sochua, Sam Rainsy, Sam Rainsy Party
Cambodia quarantines Japanese couple suspected of having swine flu
Cambodia quarantines Japanese couple suspected of having swine flu
Source: EarthTimes.org Phnom Penh - Cambodian health authorities said Monday they were waiting on test results for a Japanese couple who showed symptoms of swine flu after travelling by air from Vietnam to the northern town of Siem Reap. Bun Artha, director of civil aviation at Siem Reap International Airport, said the couple, a 24-year-old man and a 25-year-old woman, was taken to hospital after thermal imaging equipment detected both had high temperatures as they exited a flight from Ho Chi Minh City.
"They arrived in Siem Reap on Sunday evening after spending four days in Vietnam and both were taken immediately to Siem Reap hospital," he said.
Em Bun, director of Siem Reap hospital, said the couple was placed in voluntary quarantine and doctors were waiting on test results to return from a pathology lab in the capital Phnom Penh.
"The couple reported that they had suffered food poisoning in Vietnam and had recovered from ordinary flu just before they left Japan," he said. "Phnom Penh is several hundred kilometers away, so it will take some time for the results to be confirmed and for us to know whether they have the H1N1 virus."
Health authorities on Sunday confirmed there were no cases of swine flu in Cambodia after test results came back negative for three US citizens exposed to the potentially deadly virus during a flight from the US to South Korea.Labels: H1N1, Swine flu
Swine flu tests are negative
Swine flu tests are negative Written by Christopher shay And Cheang Sokha (The Phnom Penh Post) Monday, 25 May 2009
Three tourists exposed on plane to influenza A(H1N1) not infected.
THREE Cambodian-Americans who shared a flight with a woman confirmed to have been infected with influenza A(H1N1), commonly known as swine flu, have been located by the Ministry of Health and tested negative for the virus, Dr Sok Touch, director of the Communicable Diseases Control Department, said Sunday.
"There are still no confirmed cases of the A(H1N1) in Cambodia," he told the Post.
Sok Touch credited new health declaration forms at the airport for being able to rapidly locate two of the three passengers.
He said that increased monitoring at the country's points of entry has proven to be an effective tool in preventing the introduction of the swine flu virus.
The World Health Organisation, however, has expressed doubts over the use of health declaration forms and thermal imaging scanning to slow the spread of the flu.
"The World Health Organisation, on a global scale, has said that airport measures aren't effective at stopping influenza. [The virus] spreads fairly quickly and easily, and there could be people who have no symptoms," Michael O'Leary, Cambodia's WHO representative, said on Sunday.
At the moment, O'Leary said, the symptoms of H1N1 are "generally mild, like normal influenza", emphasising that "this is not a panic situation".
But he added that the influenza virus is unpredictable, and in the past, a more deadly second wave of the virus has hit a few months later.
"And because it's a new virus, everyone in the world is susceptible," he said.
Since last month, all passengers from international flights have been required to fill out a health declaration form on the plane and receive a yellow health notice when they turn it in, warning them about the A(H1N1) influenza virus and giving them phone numbers if they develop flulike symptoms, Sok Touch said.
Colum Murphy, author of Flu Action Plan: A Business Survival Guide, said, "Anything that helps to identify early cases and psychologically reassure people is worth considering."
But he said strategies that are executed only to ease people's minds will not be successful.
"There's no point in health declaration forms if they are just going to pile up unread," he said, "There really has to be an appropriate sense of urgency that's communicated to the front line implementers."
Passengers from Sunday's AirAsia flight 274 to Phnom Penh from Kuala Lumpur, Malaysia, were impressed by steps taken by the Cambodian government and said the airport officials looked carefully at their health declaration forms before letting them into the country.
If tourists do not know what their physical address in Cambodia will be, they are encouraged to write down their email address, according to one passenger who arrived in Phnom Penh on Friday.
Tourists feel safer David Khem, a Malaysian tourist from flight 274, said the health monitoring in Phnom Penh was tighter than it was in Malaysia. Olga Makarewicz, a Polish tourist, told the Post, "It is good that they make people aware [of A(H1N1)] and remind them."
A joint statement from the Ministry of Health and the World Health Organisation on Sunday told the public to cover their coughs, sneeze with a tissue, wash their hands and refrain from spitting in public.
Murphy said, "There's a chance of feeling overwhelmed, but it's not so bleak, the simple things are the most effective", emphasising frequent communication about the virus and personal hygiene.
The latest WHO statistics show that 43 countries have reported 12,022 confirmed cases of the virus, with 86 deaths.Labels: H1N1, Swine flu
Promoting human rights by protecting those who defend them
NGO in Special Consultative Status with the Economic and Social Council of the United Nations 3220 West 13th Avenue, Vancouver, B.C. CANADA V6K 2V5 Tel: +1-604-738-0338 Fax: +1-604-736-1175 lrwc@portal.ca www.lrwc.org
Promoting human rights by protecting those who defend them 21 May 2009 Chiv Song Hak, President, Bar Council Members of the Bar Council Bar Association of the Kingdom of Cambodia Nº. 1011Eo, Croix Rouge Khmere (St. 180) 12211 Phnom Penh Cambodia Fax 023 213 658 Email to: cilf@online.com.kh, wengkaly@yahoo.com, hbslawfirm@hotmail.com, ntrbno@online.com.kh, mathoeung_sok@online.com.kh
Dear Mr. Chiv Song Hak and Members of the Bar Council,
RE: Independence of the Bar in Cambodia
I am writing on behalf of Lawyers' Rights Watch Canada (LRWC), a committee of Canadian lawyers who promote human rights and the rule of law internationally by providing support to lawyers and other human rights defenders in danger because of their advocacy.
We wish to offer our moral support to the Bar Association of the Kingdom of Cambodia in fulfilling its function to uphold and defend the independence of the legal profession from interference by those acting on behalf of members of the executive branch of government.
As you know, the independence of the Bar is protected by Article 1 of the Law on the Bar, which states: “The lawyer’s profession is an independent and autonomous profession involved in serving justice and may only be pursued from within the framework of the Bar Association.” In addition, Article 1 of the Code of Ethics for Lawyers Licensed with the Bar Association of the Kingdom of Cambodia states in paragraph 3: “Professional installations must assure the respect for the principles of dignity and independence and guaranty professional confidentiality.” These provisions are consistent with the UN Basic Principles on the Role of Lawyers (1990), which uphold the basic purpose of the principle of the independence of the bar, which is to protect clients' legal rights, particularly their human rights, which are also specifically upheld by Cambodia’s Constitution. The UN Rules and all other international principles concerning lawyers and the rule of law insist that lawyers must be free to accept cases and represent clients regardless of the political causes or affiliations of the client. Lawyers must be free to take cases to independent courts for impartial adjudication without interference from politicians or other embers of the executive.
It has been drawn to our attention that Mr. Ky Tech, a lawyer who we understand represents Prime Minister Hun Sen, has made a complaint of professional misconduct against a lawyer, Mr. Kong Sam Onn. We understand that Mr. Kong has been retained by Ms. Mu Suchua, an opposition Member of Parliament, to represent her in a case of defamation she has instructed to be filed against Prime Minister Hun Sen regarding defamatory statements Ms. Mu alleges Mr. Hun Sen made against her. We understand that Prime Minister Hun Sen has made a counter claim of defamation against Ms. Mu Suchua, as well as her lawyer, Mr. Kong Sam Onn. The particular facts of this case in the Cambodian context provide us with significant concern that the complaint against Mr. Kong Sam Onn may be based not on any legitimate concern about Mr. Kong’s professional conduct. Rather we are concerned by allegations and an appearance that the allegations against Mr. Kong are intended to influence the course of the defamation case.
We understand that the BAKC has commenced an investigation into Mr. Kong Sam Onn’s conduct, which could lead to serious disciplinary actions including Mr. Kong Sam Onn's debarment. We understand that the matter is now before the BAKC Disciplinary Council.
We sincerely and respectfully hope that the BAKC and its Disciplinary Council will not be used inappropriately in any attempt by the executive branch of government to harass or influence a lawyer who is performing his professional duties on behalf of his client. We also hope that the BAKC will not be subject to any undue influence in its own deliberations or findings. We join with others concerned about the independence of the bar and the rule of law in Cambodia in urging the BAKC to ensure that it does everything possible to uphold its independence and withstands any and all external pressure. Since the complaint to the BAKC appears to be interconnected with the defamation counterclaim that has been lodged against Mr. Kong Sam Onn, we respectfully suggest that the BAKC consider holding any investigation in abeyance until the court has made its findings in the defamation case. We also urge the BAKC to take all possible steps to ensure that Mr. Kong receives a fair and impartial trial.
As lawyers, we wish to offer our support to Members of the BAKC Bar Council in their important work to uphold the dignity and independence of the legal profession. Please feel free to contact us at any time.
Yours sincerely, Gail Davidson
Executive Director Lawyers’ Rights Watch Canada
cc. Mr. Suon Visal Secretary General, Bar Association of the Kingdom of Cambodia Phnom Penh, Cambodia email: suonvisal@yahoo.com
cc. Mr. Ky Tech, Lawyer Former President, Bar Association of the Kingdom of Cambodia Phnom Penh, Cambodia email: kytech_clf@citylink.com.kh
cc. Mr. Say Bory Former President Bar Association of the Kingdom of Cambodia Phnom Penh, Cambodia, snlo@online.com.kh
cc. Mr. Sok Sam Oeun, Lawyer, Cambodia Defenders Program Phnom Penh, Cambodia email: cdp@cdpcambodia.org
cc. Mr. Run Saray, Lawyer, Legal Aid Cambodia Phnom Penh, Cambodia email:Labels: Bar Association of the Kingdom of Cambodia
Princess Eugenie mugged in Cambodia
Princess Eugenie mugged in CambodiaPrincess Eugenie and her friends were mugged while in Cambodia, according to reports.
The incident happened while Eugenie was on holiday in Cambodia Photo: IAN JONESThe Queen's granddaughter, 19, who is holidaying in the country as part of her gap year, was rescued by two bodyguards who tackled a gang of bandits.
The incident happened as the Duchess of York's daughter and two gap-year friends were walking at night in Phnom Penh.
When one of her friends got a purse out, the mugger grabbed it. The officers were just feet away.
The two officers rugby-tackled one of the bandits as he tried to flee with the princess's purse.
According to reports, they grappled with the man before another robber started throwing rocks at them. The officers, fearing for the princess's safety, let the thief go, grabbed the purse and led the royal away.
A Buckingham Palace source told The Sun: "They feared the incident was escalating out of control and took the decision to focus on the safety of their principal."
It is the first time in 10 years that SO14 officers have stopped a direct threat to a Royal.
Questions have already been asked over the amount of money spent to keep the princess safe while on the trip. Reports suggest the cost of flights, expenses, accommodation and overtime for the officers will amount to around £100,000 for the six-week stay.
A Buckingham Palace spokesman would not comment on the incident, nor on the princess' security arrangements.
Labels: Princess Eugenie
2009 LICADHO Report: Cambodia’s Media Continue to be Attacked, Threatened and Censored
2009 LICADHO Report: Cambodia’s Media Continue to be Attacked, Threatened and CensoredCambodia's media is often described as one of the freest in the region, especially relative to the likes of Vietnam, Myanmar, Laos or China where the media is all but controlled by the government1. But the reality is that Cambodia's media still exists in a repressive environment where the government controls the majority of the media. Those that it does not control, it is not afraid to attack, threaten or censor.
The 15 months reviewed in the latest LICADHO briefing paper - from January 1, 2008 to March 31, 2009 - saw a number of cases of defamation lawsuits, repeated censorship, attacks, threats and intimidation.
The period review was crucial politically with the national election held in July 2008. The murder two weeks before the vote of opposition-aligned journalist Khim Sambo was a chilling reminder of the risks Cambodian journalists face for doing their job.
"The continued intimidation of the media through physical attacks, threats, charges of defamation and disinformation and murder ensure the lack of an environment free from political pressures for media to cover sensitive and important issues affecting Cambodians," says Naly Pilorge, Director of LICADHO.
As yet, no one has been arrested for the killing of Khim Sambo, a pattern consistent with the murders of journalists in Cambodia since 1993. In 2008, another journalist fled Cambodia with his family and has since been granted asylum in Norway after receiving death threats for his work for Radio Free Asia (RFA).
Most of the Kingdom's media outlets are aligned to a political party and most favor the Cambodian People's Party (CPP). All eight television channels are aligned with the CPP, as are 11 of the main 22 Khmer-language stations, and 13 of the 24 larger Khmer-language newspapers.
The briefing paper is titled Restrictions on the Freedom of Expression in Cambodia's Media, and is published in celebration of World Press Freedom Day on May 3, 2009. The briefing paper is an update to LICADHO's previous report on the subject of media restrictions which was published in May 2008 - Reading Between the Lines: How Politics, Money and Fear Control Cambodia's Media.
To read more
Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
LICADHO is a national Cambodian human rights organization. Since its establishment in 1992, LICADHO has been at the forefront of efforts to protect civil and political and economic and social rights in Cambodia and to promote respect for them by the Cambodian government and institutions. Building on its past achievements, LICADHO continues to be an advocate for the Cambodian people and a monitor of the government through wide ranging human rights programs from its main office in Phnom Penh and 12 provincial offices.Labels: cambodia freedom, Journalism, journalist, Khim Sambo, LICADHO
Mu Sochua-Hun Sen: prime Minister Portrays Himself as Victim, NGOs Condemn His Threats
Mu Sochua-Hun Sen: prime Minister Portrays Himself as Victim, NGOs Condemn His Threats Phnom Penh (Cambodia). 24/09/2008: Mu Sochua, Sam Rainsy Party MP, during prime Minister Hun Sen’s press conference, after the opening session of the new parliamentary mandate. ©John Vink/ Magnum By Duong Sokha, with LLG
In a speech he gave on Wednesday April 29th in Phnom Penh, Cambodia’s prime Minister presented himself as a victim in the case pitting him against Mu Sochua, the Sam Rainsy Party MP, who lodged a complaint against him on grounds of defamation and insults. Hun Sen particularly reminded his opponent that having her parliamentary immunity lifted would be easy, since a majority of MPs are affiliated to the Cambodian People’s Party and therefore agree with the cause of the head of the executive power. Several organisations from the Cambodian civil society reacted strongly and condemned pressure and threats coming from the ruling power against the opposition.
“I am a simple victim and only wish to defend myself before the Law and find justice”, the Cambodian prime Minister declared loud and clear before an audience composed of brand new graduates. Hun Sen said he did “not despise any woman at all” and said he did not attack Mu Sochua directly. The words he said in Kampot at the beginning of April about a woman behaving in a “provocative way”, who “lunged towards a man to kiss him, so much so that the buttons [of her blouse] popped out”, were not about the SRP MP at all, he said…
The prime Minister insisted on justifying the fact that he filed a lawsuit in turn, against the opposition MP. “On Thursday [April 23], she held a press conference [on that case]. Therefore, I have enough evidence. I signed on Friday [April 24] a complaint [against her] for defamation before the start of the judicial proceedings [launched by Mu Sochua against Hun Sen]”, he declared, adding that his complaint was also aimed at Mu Sochua’s lawyer, Kong Sam Onn, who was with his client at her press conference. The prime Minister is asking each of the concerned persons for a compensation of ten million riels (2,500 USD). He announced he would give the money to charity in favour of orphans.
Hun Sen also said that if justice asked for the suspension of his own parliamentary immunity, he would be ready to accept it, and pointed out that such a procedure against him had few chances of succeeding. “I do not believe that MPs for the Cambodian People’s Party [CPP, going strong with 90 seats out of 123 in the National Assembly] will vote, by a show of hands, the suspension of my immunity. Like for Lok Chumteav Men Sam On [deputy prime Minister, CPP], they will not do it”, Hun Sen bet with confidence. However, Cambodia’s “strongman” did not fail to mention that if justice issued a similar request against Mu Sochua, having it approved would be easy, since the votes of almost two thirds are already secured.
Several Cambodian organisations for the defence of Human rights and the observation of political life reacted strongly, even before this very speech given by the head of government, to the threat to lift the Sam Rainsy Party (SRP) deputy’s parliamentary immunity.
“To issue arbitrary threats on the suspension of Mu Sochua’s parliamentary immunity without any evidence she may have committed any crime is a flagrant act of intimidation against an opposition MP”, president of the Cambodian Centre for Human Rights (CCHR) Ou Virak said in a communiqué dated April 29th and co-signed by nine local organisations. “This clearly aims at reducing her to silence and deterring her from claiming her legitimate right to file a lawsuit for defamation.”
For Kek Galabru, the president of the NGO for the defence of Human rights in Cambodia LICADHO, this “threat against Mu Sochua is yet another example of the dangerous milieu opposition MPs are faced with in Cambodia”. “MPs from all parties should be free to exercise their profession, to represent the interest of their voters and to express themselves in public without the fear of being arrested or detained arbitrarily”, she said, while Yeng Virak, director of the Community Legal Education Centre (CLEC) stressed that parliamentary immunity was “not something that can be lifted randomly by representatives of the government”.
“If Mu Sochua’s parliamentary immunity is lifted, this will simply prove that what she aims at showing is right: that opposition MPs are not free to do their job without fearing intimidation or persecution”, says Koul Panha, director of the Committee for Free and Fair Elections in Cambodia (COMFREL). For her part, Thida Khus, executive director of the Silaka organisation, deplores a “threat that is [...] sad in many ways [...] against one of the rare active female politicians, in a country where women’s voices are frequently silenced or ignored”.
Reached by Ka-set, SRP MP for Kampot Mu Sochua simply indicated that she intended to leave justice to sort that case and that she would accept the eventual suspension of her parliamentary immunity, should judicial authorities decide to lift it. “I trust the will of MPs, of all the parties and I shall respect their decision”, she said. Her lawyer Kong Sam Onn explained that he only acted as he felt he should, as a lawyer, and denied having said any defamatory words about the Cambodian prime Minister.Labels: hun sen, Mu Sochua
Happy New Year, Year of the Ox 2553
Happy New Year Year of the Ox 2553 Buddhist Era (B.E.) Begins 1:36am Tuesday, April 14, 2009Moha Songkran: Moha Songkran is the name of the first day of the new year celebration. It is the ending of the year and the beginning of a new one. People dress up and light candles and burn incense sticks at shrines. The members of each family pay homage to offer thanks for the Buddha's teachings by bowing, kneeling and prostrating themselves three times before his image. For good luck people wash their face with holy water in the morning, their chests at noon, and their feet in the evening before they go to bed.
Wanabat: Wanabat is the name of the second day of the new year celebration. People contribute charity to the less fortunate, help the poor, homeless people, and low-income families. Families attend a dedication ceremony to their ancestors at the monastery.
Tanai Lieang Saka: Tanai Lieang Saka is the name of the third day of the new year celebration. Buddhist cleanse the Buddha statues and elders with perfumed water. Bathing the Buddha images is the symbol that water will be needed for all kinds of plants and lives. It is also thought to be a kind deed that will bring longevity, good luck, happiness and prosperity in life. By bathing their grandparents and parents, children can obtain from them best wishes and good advice for the future.
Khmer New Year Games:
After performing all rituals and customs to welcome the New Year, it's time to have some fun. Some physical activities become part of New Year celebrations. Popular games played at the time of New Year in Cambodia are listed below:
Tres In this game, a ball is thrown and caught with one hand while catching sticks (pens, chopsticks) with the other hand.
Chol Chhoung Played on the night of day one by group of boys and girls standing opposite to each other. One group throws the Chol Chhoung (Khmer scarf ball) on the other and if someone gets hit by the ball then the whole group dances to get the Chhoung back while the other group sings.
Chab Kon Kleng In this game, one imitates as a hen protecting her chicks from a crow. It is played on the first night of the New Year. The crow tries to catch as many chicks as possible while both the groups sing a song of bargaining.
Bos Angkunh This game is played by the groups of boys and girls. Each group throws their angkunh (an inedible fruit seed) to hit the angkunh of the other group. The winners must knock the knee of the losers with the angkunh.
Leak Kanseng It is mostly played by a group of children. They sit in a circle. Someone holds a kanseng (Cambodian towel) twisted in a round shape and moves around the circle. The child moving around the circle secretly keeps the kanseng behind one of the children. If the chosen child realizes the kanseng behind him then he must beat the person sitting next to him.
Bay Khom It is a game of two children. Ten holes are dug into a board in the ground . 42 stones are required to start the game. Five stones are put into each of the two holes located at the tip of the board and four stones are put in the remaining holes. The first player takes all the stones from any selected hole and put them one by one in other holes. It must be repeated until the last stone is dropped into the hole besides the empty one. Then he must take all the stones into the hole next to the empty one. Similarly, second player starts playing the game and the game ends when all the holes are empty. The player with the maximum number of stones is the winner.
Labels: Cambodian New Year, Cambodian New Year Parade in Long Beach, Year of the Ox 2553 B.E.
As trials begin, questions shadow Khmer Rouge war crimes tribunal.
As trials begin, questions shadow Khmer Rouge war crimes tribunal.By Brendan Brady - Special to GlobalPost
 Reuters Pictures - A painting is seen at a "Killing Fields" memorial in Batey district in Kampong Cham province, 125 km (78 miles) east of Phnom Penh, March 28, 2009. Former Khmer Rouge torturer Kaing Guek Eav, also known as Duch, will face his second trial for crimes against humanity on Monday. At least 40 witnesses are expected to testify against the former chief of Phnom Penh's S-21 prison, where an estimated 14,000 people were tortured and killed PHNOM PENH, Cambodia — Thirty years after the fall of the ultra-Maoist regime known as the Khmer Rouge that ruled Cambodia in the late 1970s, trials are set to begin to hold a handful of its leaders accountable. Under their fanatical regime, an estimated 1.7 million Cambodians died from overwork, starvation and murder.
After years of delays, testimonies begin Monday in the trial of Kaing Khev Iev, the chief of the Khmer Rouge’s notorious torture center, codenamed S-21.
Iev, better know by his nom de guerre, Duch, is one of five detained senior Khmer Rouge leaders believed to be the architects of the regime's reign of terror who are still living. They face a UN-backed war crimes tribunal and could receive a maximum of life imprisonment.
Court officials went to great lengths to frame last month’s procedural hearings for Duch as an historic moment of progress for the court and for the impoverished country’s healing.
But even as some degree of official accountability is materializing, a storm of criticism and controversy surrounds the war crimes court — a hybrid structure with both international and national judges, lawyers and administrators presiding.
The Cambodian side is struggling to keep financially afloat following a funding halt after allegations arose last July that national staff, in order to secure their jobs, were forced to pay sizable portions of their salaries to their bosses.
Donor countries have provided the bulk of funds to run the tribunal, and the bitter pill of backing a court associated with corruption has become more difficult to swallow as the court’s budget, originally set at $53 million for three years, has ballooned to $170 million for five years just one-and-a-half years into the process.
Cambodian court officials have denied the allegations. A review last September by a UN oversight body has yet to be made public.
However, a report from a German parliamentary delegation, written last November after its members met with the tribunal's deputy director of administration, Knut Rosandhaug, presents a bleak picture: Referring to “grave corruption” problems, Rosandhaug said that if “the national government continues to object to following up on the corruption allegations … the United Nations should withdraw from the tribunal” or else it will risk tainting its image. But UN officials have yet to voice such stern words.
“The only real pressure can come from the donor countries and the UN — with one voice — but they have never done that,” said Brad Adams, head of the London-based Human Rights Watch in Asia, and an early member of the negotiations with the government to establish a war crimes court.
By failing to throw down the gauntlet, the UN has undermined the court’s entire mandate, he said.
“We thought we should have an international standard court,” Adams said. Instead, he continued, in this case "the government considers the UN an intruder.”
Indeed, Canadian co-prosecutor Robert Petit is being made to feel he overstepped his mandate.
Petit’s move to add more suspects to the docket — a handful of figures he describes as having been key to implementing the policies set by the regime’s top leaders — was blocked by his Cambodian colleague, Chea Leang, a niece of the current deputy prime minister.
She argued that additional prosecutions could prove destabilizing, overstretch the tribunal’s limited resources, and would run against the spirit of the 2003 U.N. treaty establishing the court, which called only for “senior leaders” of the regime and “those who were most responsible” to be tried.
Many senior government posts are currently held by former Khmer Rouge cadre, and experts say the government fears a wider roundup could expose them to scrutiny. For his part, Prime Minister Hun Sen made his position clear in 1998 when he recommended Cambodians “should dig a hole and bury the past.”
But Petit says casting a wider net would play a key role in validating the court’s work. “It would allow the court to achieve as much justice as possible even within its limited confines.”
For Adams, the move is more essential: “Unless there are more cases, it will not have done the minimum necessary for all of this to have even been worthwhile.”
The country is divided over whether additional high level cadre should be tried — with 57 percent in favor and 41 percent opposed, according to a recent poll. It is safe to say, however, that the decision will come down to politics between Cambodian and international officials, and have little to do with local public input.
As the court makes slow progress, old wounds fester.
“Thirty years later, the memories are still excruciating,” said Van Nath, who witnessed prisoners being waterboarded, doused with battery acid or simply bludgeoned to force them to admit to trumped-up crimes against the regime.
Nath, 63, is one of S-21’s few surviving victims. While he was electrocuted and faced constant threat of execution, he survived only by dint of his artistic skills, which he was forced to use to paint propaganda portraits of Pol Pot.
Unlike the other figures in detention, Nath’s former keeper, Duch, now a born-again Christian, has acknowledged his crimes and asked for forgiveness. He is, however, expected to argue in court that he was following orders from his superiors and would have been killed had he not obeyed.
Even if the rail-thin, seemingly benign former schoolteacher cuts a sympathetic figure on the stand, to Nath he remains “a man who gave orders with authority” while presiding over a prison where more than 12,000 men, women and children were brutally tortured before being executed in the “killing fields” outside the city.
Making more Cambodians with blood on their hands face trial would help the country’s healing, he said.
But, he added, “with the limited movement we have so far, that doesn’t seem possible … and I’m still waiting every day for judgment on these five.”
Brendan Brady is a reporter and editor at The Phnom Penh Post.
Labels: Kaing Guek Eav, Khmer Rouge Tribunal, Pol Pot
Khmer Rouge trial: the British victim John Dewhirst
Khmer Rouge trial: the British victim John Dewhirst

(Getty Images) Kaing Guek Eav, better known as Duch, the former Khmer Rouge prison chief of S-21, or Tuol Sleng prison, is pictured in the courtroom at the Extraodinary Chambers in the Courts of Cambodia in Phnom Penh on March 30, 2009. Cambodia's UN-backed war crimes tribunal on March 30 resumed the trial of the Khmer Rouge's prison chief, the first person to face justice at the court for the regime's atrocities, the chief judge said.
By Anne Barrowclough (Times Online)
As hundreds of Cambodians crowded into a courtroom today to see the chief torturer of the Khmer Rouge finally brought to trial, a lawyer in Britain quietly got on with her work. Only those closest to her know how, 30 years ago, Kang Kek Ieu, alias Comrade Duch, destroyed Hilary Holland’s family.
In 1978 Ms Holland’s brother, John Dewhirst, aged 26, was captured by the Khmer Rouge and sent to be tortured and killed at Tuol Sleng, the regime’s infamous prison. He was the only Briton among 17,000 Cambodians to die at the prison. Three decades on, as Cambodia watches the first trials of the Khmer Rouge’s leaders, his fate continues to devastate his sister.
"The horrific circumstances and the manner of how John was killed still makes it so difficult to cope with," Ms Holland told The Times from her home in Cumbria.
The young Newcastle teacher had been sailing through the Gulf of Thailand with two friends in July 1978 when their boat was intercepted by a Khmer Rouge patrol boat.
The boat’s skipper, Stuart Glass, a Canadian, was killed instantly. John and the other crew member, Kerry Hamil, a New Zealander, were sent to Tuol Sleng, a former school turned into a torture centre presided over by Duch.
They were tortured until they “confessed” to being CIA agents and taken to Cheong Ek, a pretty orchard on the outskirts of Phnom Penh. There they were bludgeoned to death with an iron bar.
Back in Britain Ms Holland was increasingly concerned at her younger brother's unusual silence, but it was not until she switched on the news one evening that she learnt he had become a victim of a regime she had hardly heard of. Shortly afterwards the Foreign Office called to tell her that John had been captured and imprisoned. He was almost certainly dead, they said.
The pain of that moment has never left her. "It was indescribable," she said. "I don't think I have got the words to explain how I felt. I used to think that if you could die from emotions like this I would have died.
"I have experienced death – I have experienced the death of my husband when I had two young children. But this is completely different."
Yesterday, in a wood-panelled courtroom on the outskirts of Phnom Penh, Cambodia's capital city, Duch identified himself quietly before charges of crimes against humanity, war crimes, premeditated murder and torture were read to a UN-backed war crimes tribunal.
He is the first of five former leaders of the Khmer Rouge to be brought to trial, 30 years after the fall of Pol Pot and his regime.
Nearly two million Cambodians died between 1975 and 1979 as Pol Pot pursued his ideal of an agrarian communist utopia. Tuol Sleng was the most notorious Khmer Rouge prison: of the 17,000 people sent there, only 15 are known to have survived.
Behind a bulletproof screen at the Extraordinary Chambers of the Courts of Cambodia, the 66-year-old former maths teacher who presided over their suffering listened impassively as the court was told that the sole purpose of Tuol Sleng – known by the Khmer Rouge as S-21 – was to kill its inmates.
According to the thick file of charges read to the court: "Every prisoner who arrived at S-21 was destined for execution. The policy at S-21 was that no prisoner could be released... prisoners brought to S-21 by mistake were executed in order to ensure secrecy and security."
During his trial Duch’s brutality will be described in detail. On his orders, victims were plunged head first into tanks of water, often drowning; they were given electric shocks to their genitals and their ear drums. The strongest were hooked up to intravenous pumps and literally bled dry.
It was cruel fate that delivered John Dewhirst into Duch’s hands. The carefree, adventurous young man had taken a break from his teaching job in Japan to go sailing with his two friends on their motorised junk Foxy Lady. Their boat drifted into Cambodian waters but, to the Khmer Rouge, their presence had no innocent explanation.
Yet even after she had heard of his incarceration in S-21 his sister hoped his friendly nature would help him to survive. "I thought if anyone could develop a personal relationship with his jailers, it would be him," she said. "I thought he would charm his way out of there."
She had no way of knowing that nothing could have saved him – although the meticulous Duch, who catalogued the details of all his prisoners, described him as a "polite" young man.
Before he died John was forced to write a detailed confession explaining how he was recruited and trained to be a CIA spy.
The confession, in Cambodian and English, entitled “Details of my course at the Annexe CIA college in Loughborough, England”, claims that John was recruited into the CIA by his father and from 1972 to 1976 was taught CIA techniques, including photographic skills and weapons-handling, by retired agents at his teacher-training college in Loughborough.
The confession, a mixture of the dull and the ludicrous, claims that Loughborough was one of six CIA colleges in Britain. Others, John wrote, were in Cardiff, Aberdeen, Portsmouth, Bristol and Doncaster. His college, he said, was run by “retired Colonel Peter Johnson” while the bursar was a CIA major.
Among many bizarre admissions was a claim that his father was a CIA agent whose cover was “headmaster of Benton Road Secondary School”.
The confession is signed and dated 5/7/1978. John's thumbprint sits along his signature. Like those made by thousands of innocent inmates at S-21, the confession was probably dictated by his interrogators on Duch’s orders.
Hilary Holland wants answers. She wants the Khmer Rouge leaders to admit their guilt and to explain why they destroyed so many lives. "There must be a public accountability," she said. "I would like it to be seen that they understand what they did. We still seem to know so little."
It is too painful for Ms Holland to attend Duch's trial, but she is relieved that after all this time the leaders will finally be brought to justice.
"No one is going to undo the horrors, but bringing these people to account is important. I don't care what happens to them but I would like them to tell the truth, to explain their motivation."
Duch, who was arrested in 1999 after being tracked down by a journalist, is alone among the defendants in expressing remorse and has agreed to co-operate with the tribunal.
At a procedural hearing last month, he made it clear through his lawyer that he would use his trial to apologise to his victims, although he did not expect “immediate” forgiveness.
His French lawyer, Francois Roux, said: "After ten years of prison at last the day is coming where he can in public respond to the questions."
But Duch cannot expect no forgiveness from Ms Holland. "People like Duch, who ordered the atrocities, were the worst," she said.
Labels: Comrade Duch, John Dewhirst, Kang Kek Ieu, Khmer Rouge Tribunal
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