KI Media: “Can Cambodia find justice?” plus 24 more |
- Can Cambodia find justice?
- Cambodia court to open landmark KRouge trial
- UNESCO regrets Thai decision to denounce World Heritage Convention
- Khmer Rouge trial fraught with drama in Cambodia
- Temple to remain time bomb [:PAD Thai]
- "Hun Sen Bamplanh Sobb Yaang" a Poem in Khmer by Hin Sithan
- Thailand Withdraws From World Heritage Convention in Temple Dispute With Cambodia
- Amnesty, Double Jeopardy on Agenda for Tribunal Hearing
- Convention on the Rights of the Child
- CIVICUS Cambodia's Commentary: Amnesty, Pardon, Forgiveness
- Khmer Rouge big four finally face justice
- Thai leader defends leaving UN heritage site body
- Thailand quits heritage body amid temple row
- Repair, restoration? Thailand withdraws from World Heritage Convention
- "ឈប់ដៀលស្មូមទៅ " Chhob Deal Smom Tov!
- Appel aux Parlementaires français / Appeal to French Members of Parliament
- Thai FM Kasit holds urgent meeting to ponder next move
- Yingluck and the Thai military
- PAD supports Suwit's decision [to pull out of WHC]
- Plodprasop questions Suwit's decision [-Suwit's mistaken gamble?]
- Cambodian tribunal set to try Khmer Rouge leaders
- CCHR Media Comment - Beginning of Case 002 represents justice for victims of the Khmer Rouge, however delayed
- Ieng Sary not guilty? - Editorial by Dr. Chhay Hoc Pheng, Judge in France
- French MP Nicolas Dupont-Aignan defends Sam Rainsy
- AKRVC Open Letter to Civil Party Co-Lead Lawyers ANG Pich, Elisabeth Simmoneau-Fort re ECCC Inventory, Provincial Learning Centers-Memorials
| Posted: 26 Jun 2011 03:14 PM PDT  Bangkok Post EDITORIAL The ''democratic dictator'', Prime Minister Hun Sen, personally arranged for most of his ex-Khmer Rouge comrades to live in peace, isolated but comfortable It will be bustling this morning at a specially built complex on the outskirts of Phnom Penh. Officials and judges at the simply named Khmer Rouge Tribunal _ it used to be the Extraordinary Chambers in the Courts of Cambodia _ will call the names of some of the most ruthless men and women in history. Ieng Sary and Nuon Chea are the main subjects of yet another attempt to make the Khmer Rouge pay for undoubted crimes against all of their fellow Cambodians nearly 40 years ago. One wishes the tribunal and the Cambodian people well in their quest for justice and long legal battle for partial closure. But the chances that justice will prevail seem slim at best. Nuon Chea was the morally corrupt ''Brother No.2'' in the tiny Khmer Rouge hierarchy that ran Cambodia from 1975 to 1979. He was number two to the late Saloth Sar, aka Pol Pot, the chief of the then-faceless dictatorship that terrorised the nation and killed or was directly responsible for the savage deaths of a million and more Cambodians. Ieng Sary, it is embarrassing for many to recall, was the ''sophisticated'' and outward face of the Pol Pot regime. He convinced many diplomats that Cambodia was just trying to build a new, agrarian society. In fact, he believed and stated to closed meetings that the regime he helped to lead had plans to reduce the population of Cambodia from about seven million to one million, because it needed no more. Since Vietnam did the world a favour and overthrew the Pol Pot regime in January 1979, no Khmer Rouge leader has gone on trial. The ''democratic dictator'', Prime Minister Hun Sen, personally arranged for most of his ex-Khmer Rouge comrades to live in peace, isolated but comfortable. The charges against Ieng Sary, his equally high-ranking wife Ieng Thirith and Nuon Chea are unfortunately the exception. In fact, so far, only a torturer who ran the regime's unbelievably brutal prison in Phnom Penh has been tried and sentenced. Some of the charges this morning are ironic to the world, but a slap in the faces of the inhumanly treated survivors of the killing fields. Assuming Nuon Chea and Ieng Sary even make it to the dock, given their pathetic claims of being old and infirm, they will face charges of capturing and killing US yachtsmen and Vietnamese fishermen. During the Pol Pot years, foreigners who happened to touch Cambodian shores were savagely tortured, then killed. But the real crimes of that regime were against Cambodians, and two generations of Khmer are still awaiting some sign of justice. Ieng Thirith has claimed to be ill for a long time, and may not even make it to court. The so-called ''intellectual'' Khieu Samphan, another man who presented a semi-kindly face to the world while helping to kill thousands, has always managed to be too sick to face judges. Of course all these old people claim to be wondering what all the fuss is about, they know of no mass murders or brutality. And so far the court system cobbled together by concerned nations worldwide has been a total failure in bringing the rule of law to Cambodia. Every decent person must hope that after 32 years, there will be some justice for Cambodians, the dead and survivors alike. Unfortunately, the record so far indicates more farce lies ahead.  | ||
| Cambodia court to open landmark KRouge trial Posted: 26 Jun 2011 03:10 PM PDT Monday, June 27, 2011 By Michelle Fitzpatrick (AFP) PHNOM PENH — Four former top Khmer Rouge leaders go on trial for genocide at Cambodia's UN-backed war crimes court on Monday in a case described as the world's most complex in decades. The trial has been long awaited by survivors of the brutal regime that wiped out nearly a quarter of the population during its 1975-79 reign of terror. The elderly defendants, including "Brother Number Two" Nuon Chea and former head of state Khieu Samphan, are to appear at an initial hearing at 09:00am (0200 GMT). They face charges including genocide, crimes against humanity and war crimes over the deaths of up to two million people from starvation, overwork, torture or execution during the country's "Killing Fields" era. The genocide charges relate specifically to the murders of Vietnamese people and ethnic Cham Muslims. The other defendants are former foreign minister Ieng Sary and his wife, the ex-social affairs minister Ieng Thirith. All four deny the accusations and the trial -- the court's second following the conviction of a notorious Khmer Rouge prison chief -- is likely to take years. "There hasn't been a case as large and complex as this since Nuremberg," international co-prosecutor Andrew Cayley told AFP in a recent interview, referring to the landmark Nazi trials after World War II. The initial hearing is scheduled to last four days and will focus on expert and witness lists and preliminary legal objections. Full testimony from the suspects, who have been held at a purpose-built detention centre since their 2007 arrests, will not take place until late August at the earliest. Hundreds of Cambodians are expected to travel to the court this week to see the four in the dock while some of the proceedings will also be broadcast on Cambodian television. "The beginning of case two will be a cathartic moment for all Cambodians," said Ou Virak, president of the Cambodian Centre for Human Rights, whose father was killed by the Khmer Rouge. In its first case, the court sentenced Kaing Guek Eav, known as Duch, to 30 years in jail last July for overseeing some 15,000 deaths at a torture prison. The second trial is both more significant and complicated as it involves high-ranking leaders who are refusing to cooperate, as well as many more victims and crime sites. Concerns over the health of the accused, aged 79 to 85, also hang over the court. They suffer from varying ailments and there are fears that not all of them will live to see a verdict. Led by "Brother Number One" Pol Pot, who died in 1998, the communist regime emptied Cambodia's cities and abolished money and schools in a bid to create an agrarian utopia before they were ousted from the capital by Vietnamese forces.  | ||
| UNESCO regrets Thai decision to denounce World Heritage Convention Posted: 26 Jun 2011 03:06 PM PDT Source: UN News Centre 26 June 2011 – The head of the United Nations Educational, Scientific and Cultural Organization (UNESCO) today voiced deep regret after Thailand announced it would denounce the global convention aimed at preserving humankind's most outstanding shared cultural and natural heritage. A Thai Government minister said yesterday in Paris, where the UNESCO World Heritage Committee is currently meeting, that his country did not support the convention, the latest step in a row involving the Preah Vihear Temple, a World Heritage List site that was damaged during border clashes earlier this year between Thailand and Cambodia. UNESCO Director-General Irina Bokova said in a press statement issued today that "the World Heritage Convention of 1972 is not only the foremost international instrument for the preservation and protection of the world's cultural and natural properties which have outstanding universal value, but also widely recognized as an important and indispensable tool to develop and encourage international cooperation and dialogue." Ms. Bokova said she hoped that Thailand would "carefully consider its future course of action" regarding the convention and "continue to be an active participant" in the discussion of world heritage issues. In its press statement UNESCO noted that, contrary to some media reports, the World Heritage Committee did not discuss the management plan for the Preah Vihear Temple or request that reports be submitted on its state of conservation. Instead the committee reaffirmed the need to ensure the protection and conservation of the temple site from any damage and further encouraged Thailand and Cambodia to use the convention as a tool to support conservation, sustainable development and dialogue. UNESCO said the committee made the decision unanimously after Thailand staged a walkout, despite "intense negotiations" with both Thailand and Cambodia over the past five days on the sidelines of the committee meeting. Earlier this year the former UNESCO director-general Koïchiro Matsuura was dispatched as a special envoy to try to resolve the dispute between the South-East Asian neighbours, and the agency also facilitated consultations between the two countries last month in Paris. Meanwhile, the committee yesterday inscribed five new sites to the World Heritage List, taking the total of new additions during the current session – which ends on 29 June – to 13. The committee added the Coffee Cultural Landscape of Colombia, the Archaeological Sites of the Island of Meroe in Sudan, Jordan's Wadi Rum Protected Area, the Longobards in Italy and the Fagus Factory in Alfeld, Germany.  | ||
| Khmer Rouge trial fraught with drama in Cambodia Posted: 26 Jun 2011 03:03 PM PDT
Four former Khmer Rouge leaders accused of genocide go on trial in Cambodia on Monday before a U.N.-backed tribunal amid charges of political meddling in the investigation of other cases. June 26, 2011 By Brendan Brady, Los Angeles Times Los Angeles Times (California, USA) Reporting from Phnom Penh, Cambodia— As a U.N.-backed Cambodian tribunal opens Monday to try former Khmer Rouge leaders accused of genocide, critics accuse the Cambodian government of meddling and the United Nations of failing to uphold the court's independence. Standing trial are the four highest-ranking surviving Khmer Rouge leaders: head of state Khieu Samphan, 79; Foreign Minister Ieng Sary, 85; his wife, Social Affairs Minister Ieng Thirith, 79; and the revolution's chief ideologue, Nuon Chea, 84. They face multiple charges that include war crimes, crimes against humanity and genocide. Last July in the first trial of Khmer leaders, former prison commandant Comrade Duch was sentenced to 30 years in prison. The current case, considered one of the most complex and historically significant war crimes trials since Nuremberg, is expected to last longer and be trickier than the first case. The complexities arise in part because fixing responsibility for the crimes is more tenuous given that the defendants ruled through proxies. International co-prosecutor Andrew Cayley, a Briton, also faces a roster of hard-hitting defense lawyers, including Jacques Verges, a Frenchman dubbed "terror's advocate" for his success in defending charged war criminals. The controversy surrounding the proceedings focuses on whether charges also should be levied against more former regime members than the initial five. An estimated 1.7 million people died of starvation, overwork, medical neglect and execution during the ultra-Maoist Khmer Rouge's brutal 1975-79 reign. Trying more alleged mass murderers is controversial in Cambodia because many prominent figures today have links to the former regime. Those in favoring of widening the investigation — currently two more cases are under consideration involving five suspects — have met multiple roadblocks. Prime Minister Hun Sen, himself a former mid-ranking cadre, has said he would rather have the tribunal fail than see more than two trials. He told U.N. Secretary-General Ban Ki-moon in October that additional cases were "not allowed". Five international members of the court's investigating branch recently quit to protest what they feel were intentionally scuttled probes into additional suspects. One of them, author and Khmer Rouge expert Stephen Heder, criticized investigating judges in his resignation letter for shutting down a proposed third case "effectively without investigating it." Heder described the court's investigations office as a "toxic atmosphere of mutual mistrust" and "professionally dysfunctional." In the proposed third case, judges conducted only pro forma interviews of witnesses and visits to alleged crimes sites without informing suspects that they might face a trial, said legal advocacy group Open Society Justice Initiative in a report. "Everything leads to the conclusion that the Case 3 investigation has been a charade," said Clair Duffy, a court monitor with Justice Initiative. Additional trials could target second-tier Khmer Rouge leaders allegedly responsible for implementing some of the regime's most deadly policies. This could embarrass the prime minister, given that some in his inner political circle held Khmer Rouge posts of that rank, analysts said. Hun Sen has a different explanation: with former cadres distributed across the country, intense judicial scrutiny could spark uprisings and destabilize the country. U.N. participation in the tribunal was supposed to shelter the court from political meddling and act as a legal model for Cambodia's shaky judiciary, which is marred by poor training, manipulation and corruption. The U.N. has made repeated statements affirming the importance of judicial independence, although Duffy charged that this amounts to little more than empty words if the international body doesn't defend that principle. Ban's office said charges of political interference amount to "media speculation." "My greatest concern is that we maintain the trust of the people," Cayley said. Brady is a special correspondent. Times staff writer Mark Magnier in Beijing contributed to this report.  | ||
| Temple to remain time bomb [:PAD Thai] Posted: 26 Jun 2011 02:58 PM PDT June 27, 2011 By PONGPHON SARNSAMAK, SAMASCHA HUNSARA THE NATION Thailand will withdraw from Heritage Convention, but experts query move Thailand's defiant decision to pull out of the World Heritage Convention late on Saturday in protest over Cambodia's management plan for Preah Vihear Temple could be another ticking bomb for the new government. "The next step to withdraw from the World Heritage Committee will be the responsibility of the next government," Prime Minister Abhisit Vejjajiva told a press conference at Suvarnabhumi Airport. He had called Foreign Minister Kasit Piromya to meet for 10 minutes at the airport's VIP room before the press conference. "From now Unesco can consult with Thailand over the next process and Thailand will insist that any activity to recover the disputed areas must be approved by Thailand. We do always ask Cambodia to withdraw troops from the Preah Vihear Temple as it would violate the convention and the intention of the committee," he said. Noppadon Patama, a legal adviser to ex-premier Thaksin Shinawatra and former foreign minister, derided the decision to withdraw from the World Heritage Convention, saying it would cause trouble for the country. "There is another way to protect our sovereign rights that is better than resignation from the convention," he said in a comment called "What has Suwit done in Paris?" on his Facebook page. Natural Resources and Environment Minister Suwit Khunkitti, head of the Thai delegation negotiating with the World Heritage Committee in Paris, announced at 11.55pm on Saturday that his delegation had informed the World Heritage Committee that Thailand had withdrawn its membership to the convention. He said the Thai delegation had to make the move after the committee ignored Thailand's concern that consideration of the management plan would complicate the Thai-Cambodian border dispute. "So, I think that we should not take a risk. If we take a risk, the vote of the committee may affect us and affect our sovereignty. I talked to the delegation and we agreed to withdraw as a member of the World Heritage Convention," Suwit said. However, academics have called into doubt the legality of the caretaker government's decision, saying the Constitution does not allow a caretaker government to make any legally binding decision until the next government is appointed. "It is still a question whether the caretaker government has the authority to make any legally binding decision after the House dissolution," said Panas Tassaneeyanont, a legal expert and former senator. "The withdrawal from the World Heritage Convention will not take effect as the caretaker government does not have the authority to legally bind the next government," he said. "The new government will later cancel the previous government's decision." According to Article 35 of the World Heritage Convention, such a move must be notified by a signatory in writing, sent to the director-general of the United Nations Educational, Scientific and Cultural Organisation (Unesco). The withdrawal would take effect 12 months after receipt of such a notice. It would not affect the financial obligations of the state until the date on which the withdrawal takes effect. Abhisit insisted that Suwit's decision had followed the Cabinet resolution. Akkharaphong Khamkhun, a lecturer at Thammasat University's Pridi Banomyong International College, said Suwit's announcement was hollow because it was done by the caretaker government. Adul Wichiencharoen, a former member of the National World Heritage Committee, said he supported Suwit's response, as Thailand was in danger of losing territory if the committee accepted the Cambodian plan. Panthep Pourpongpan, spokesman for the People's Alliance for Democracy, which has been camping out at Government House to protest against the listing of Preah Vihear Temple, said the announcement was a victory for the country.  | ||
| "Hun Sen Bamplanh Sobb Yaang" a Poem in Khmer by Hin Sithan Posted: 26 Jun 2011 11:02 AM PDT   | ||
| Thailand Withdraws From World Heritage Convention in Temple Dispute With Cambodia Posted: 26 Jun 2011 09:42 AM PDT June 26, 2011 VOA News Thailand has withdrawn from UNESCO's World Heritage convention because of a simmering dispute with Cambodia over a 900-year-old temple in a remote border area between the two countries. Several military clashes at and near Preah Vihear temple since early February have left more than 20 people dead and displaced thousands of others. Thailand says its withdrawal stems from what it calls a disappointing decision by the World Heritage governing body to place Cambodia's management plan for the temple on its agenda. Bangkok insists contested border demarcation issues be settled before any management plan is considered. Thailand also insists those issues be settled in direct talks with Phnom Penh, and has balked at outside efforts to ease tensions by the United Nations and the regional grouping, the Association of Southeast Asian Nations (ASEAN). Cambodia, in May, launched a legal bid at the International Court of Justice -- the highest U.N. tribunal -- seeking to force Thailand to withdraw its troops from disputed land near the temple. No ruling has been issued. The temple, called Preah Vihear in Cambodia and Phra Viharn in Thailand, was declared a World heritage site in 2008. Both sides agree the temple lies in Cambodian territory. The dispute centers on access to the temple, which can only be gained by crossing through Thai territory.  | ||
| Amnesty, Double Jeopardy on Agenda for Tribunal Hearing Posted: 26 Jun 2011 09:38 AM PDT
Sunday, 26 June 2011 Sok Khemara, VOA Khmer | Washington, DC
In the days leading into the trial of four Khmer Rouge leaders, legal analysts say there are few if any past hindrances to the prosecution that would prevent full proceedings. The trial for Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith officially begins Monday, when the four senior regime leaders will appear before the Trial Chamber of the UN-backed Khmer Rouge tribunal in a preliminary hearing. The hearing will tackle some of the tougher questions for moving the proceedings forward for the accused, who are charged with a raft of atrocity crimes, including genocide, in what is expected to be a long, complicated trial, known as Case 002. In the time since all four were arrested in 2007, defense lawyers have argued that amnesties promised by the government in the late 1990s, which helped dissolve the last of the Khmer Rouge after decades of civil war, would be relevant. Likewise, they have argued that a trial of Khmer Rogue leaders staged by the Vietnamese occupation in 1979 means that Ieng Sary will be charged twice for the same crime, which is barred under a legal concept called double jeopardy. Ieng Sary, the former foreign minister for the Khmer Rouge, led a breakaway of 20,000 troops in exchange for a government amnesty in 1996. Nuon Chea, the regime's ideologue; Khieu Samphan, its nominal head; and Ieng Thirith, the social affairs minister and wife of Ieng Sary, followed him. All four lived freely among ordinary Cambodians for more than a decade before they were arrested and put in the custody of the tribunal. However, legal analysts said in recent interviews neither the amnesty, the Vietnamese trial nor other obstructions are likely to impede the prosecution. "None of the Case 002 defendants should be able to use the 1996 amnesty as a successful defense," John Ciorciari, a professor of public policy at the University of Michigan, told VOA Khmer in an e-mail. Nor will Ieng Sary be shielded from double jeopardy after the Vietnamese trials, which found him guilty in absentia for war crimes but were widely considered illegitimate, Ciorciari said. "Firstly, Ieng Sary is being charged for some crimes that were not a part of the 1979 proceedings," he wrote. "Second, where a trial was highly defective—like the sham trial of 1979—most leading legal systems allow offenses to be tried again. Third, a major aim of the double jeopardy principle is to prevent defendants from being punished twice for the same offense." "The text of the amnesty agreement quite specifically granted Ieng Sary immunity from prosecution under a 1994 law outlawing the Khmer Rouge organization," he continued. "It says nothing about barring prosecution for the grave international crimes that will be addressed in Case 002." Still, the rights of defendants must also be protected, legal analysts told VOA Khmer. "It is why the good work of the defense sections at the tribunal is so critical," said Jeffrey Brand, dean of the University of San Francisco's law school. "We need to candidly confront the reasons that we reject a particular prior proceeding or political deal if an accused is going to be tried." Clair Duffy, a tribunal monitor for the Open Society Justice Initiative, said the court's Pre-Trial Chamber has already ruled out the questions of double jeopardy and the amnesty. "While the Pre-Trial Chamber's position isn't determinative of the issue, the reasoning considers all of the arguments which are likely to be raised by Ieng Sary again in the initial hearing," she said. "One thing that can be said is that courts around the world exercising international criminal jurisdiction are always likely to read down any amnesty provisions because of the nature of the crimes under their jurisdiction." Meanwhile, national and international lawyers have said they are skeptical about the interpretation of the laws governing the tribunal, which was established under Cambodian courts and law. This could allow arguments by the defendants regarding the amnesty or double jeopardy, they said. Sok Sam Oeun, head of the Cambodian Defenders project, said a good court model that follows the proper interpretation of the laws will be more important to Cambodia than the prosecution of the accused. "We want the court to legally adjudicate, to provide a good example for Cambodia," he said. "Essentially, how is the court going to interpret [the law], on a legal and rational basis, or not? If they reasonably interpret, then we can accept it." Tribunal spokesman Huy Vannak said the court will have ample jurisdiction over Ieng Sary's case and will not be hindered by the double jeopardy question. However, he said these questions will be discussed in the initial hearing that starts Monday. "The court has enough competency and enough of a role in Ieng Sary's case over genocidal crimes, and other crimes…to try him under its jurisdiction," he said. The tribunal has also taken criticism for a lack of independence, following the refusal of senior government officials to testify before judges, as well the public opposition to further indictments by Prime Minister Hun Sen and others. That criticism has been particularly sharp in recent weeks, following the hasty conclusion of a third case, yet to be tried, by investigating judges. However, the University of Michigan's Ciorciari said it is "unlikely" members of the government have exerted pressure to prevent Case 002 from going forward. "The Cambodian judges at the Pre-Trial Chamber did not appear to be under pressure to support the double jeopardy or amnesty defenses," he said. On the other hand, Peter Maguire, a law professor and author of a book on the Cambodian genocide, said he doubts the tribunal will end in acquittal of the accused. "It is unlikely to me that the Cambodian government would waste this much time and money," he said, "only to set these high-profile defendants free."  | ||
| Convention on the Rights of the Child Posted: 26 Jun 2011 09:35 AM PDT Convention on the Rights of the Child Ratified by UNGA in Nov. 1989, entered into force 1990 Cambodia ratified this Convention on October 15, 1992 PART IArticle 131. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice. 2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; or (b) For the protection of national security or of public order (ordre public), or of public health or morals.  | ||
| CIVICUS Cambodia's Commentary: Amnesty, Pardon, Forgiveness Posted: 26 Jun 2011 09:27 AM PDT   COMMENTARY Amnesty, Pardon, Forgiveness 27 June 2011, Phnom Penh According to the Press Release of the Extraordinary Chambers (ECCC), the historic opening day of Case 002 trial against the four senior Khmer Rouge leaders of today, 27 June 2011, includes hearing oral arguments on the issues of amnesty and pardon. In both English and Khmer languages, I often hear these terms used interchangeably with each other and with "forgiveness". In English, the confused usage results mainly from inadequate due care or follow-through deliberation, whereas the mixture in Khmer is one of limited vocabulary or undeveloped language. In Khmer, we have several phrases which can all be translated as "pardon", "amnesty" or "forgiveness". For example, I have seen "leurk lang tos", "ut tos" or "ak phey tos", which singularly emphasizes the "lifting of" or "refraining to" or "forgoing of" punishment, used for all three English words. One way to understand these words is to view it through the "vertical justice" and "horizontal justice" framework. 1. Vertical Justice is the imperfect (proximate, selective) OFFICIAL work of the State toward the perpetrator principally via a court proceeding, flowing in a vertical manner. 2. Horizontal Justice is the PERSONAL relationship between the victim and the perpetrator, flowing in a horizontal manner. Through this vertical vs. horizontal justice framework, let us think through these distinct but interrelated concepts as we move into Case 002. 1. AMNESTY is a GENERAL pardon for offenses, especially POLITICAL offenses, against a government, a class of persons as a whole (e.g. Khmer Rouge), and sometimes an official (e.g. Ieng Sary). It is often granted BEFORE any trial or conviction. Vertical justice. 2. PARDON is the official ACT of the GOVERNMENT that mitigates or sets aside the punishment for a crime. The granting of a pardon to a person who has committed a crime or who has been convicted of a crime is an act of clemency, which forgives the wrongdoer and restores the person's civil rights. Thus, it is often granted AFTER a conviction. Vertical justice. 3. FORGIVENESS is a more comprehensive concept which emphasizes the PERSONAL PROCESS of horizontal justice in CONCLUDING HATE (not anger), malice and resentment as a result of a perceived offense. Forgiveness, cheaply and quickly given, is dangerous, as it is not forgetting nor excusing nor tolerating a wrong. "We cannot forgive a wrong unless we first blame the person who wronged us", writes one of my favorite authors, Lewis B. Smedes, whose works inform my thinking on these matters. It is a process we do alone, silently, invisibly and freely; no one can trick us into forgiving another. But the individual's forgiveness is independent and separate from the State's role in meting out vertical justice. That is to say, we can forgive horizontally but still advocate for the State to exact justice vertically. Theary C. SENG Founding President CIVICUS: Center for Cambodian Civic Education  | ||
| Khmer Rouge big four finally face justice Posted: 26 Jun 2011 09:22 AM PDT
June 27, 2011 Sian Powell The Australian THE long-anticipated trial of the four most senior living Khmer Rouge leaders begins today, more than 30 years after Cambodia was racked by their ultra-communist rule of mass torture and murder. Brother No 2, Nuon Chea; head of state Khieu Samphan; foreign minister Ieng Sary and his wife; and social affairs minister Ieng Thirith, have all been charged with genocide, war crimes and crimes against humanity. Along with Brother No 1, Pol Pot, these four made Khmer Rouge policy, handed down orders and ruled over the deaths of as many as 1.7 million people who were executed or died from torture, starvation, exhaustion, illness or injuries. A lawyer from Adelaide, Bill Smith, is the Khmer Rouge tribunal's international deputy co-prosecutor. He has spent years wading through the evidence of anguish and despair to help put together the case against the four leaders, who were integral to the Khmer Rouge rule of Cambodia between 1975 and 1979. "We're confident there's sufficient evidence to bring the accused to trial," he said. "There's a significant body of evidence." The catalogue of terror runs to hundreds of thousands of pages in the case file, which trial chamber judges at the Khmer Rouge tribunal in Phnom Penh can refer to if they think it necessary. Mr Smith says the prosecutors have selected more than 6500 items to present to the tribunal, ranging from videos, photos, witness statements, internal memorandums, telegrams, documents from the Khmer Rouge torture centres, torture confessions and official cables. Although none of the four, all now elderly, has admitted any guilt, Nuon Chea obliquely referred to his wrongdoing in the documentary Enemies of the People, which included footage of Khmer Rouge officials discussing the mass murders and how they sometimes ate the victims' gall bladders. One explained how he had slit so many throats it made his wrist ache, so he began to stab the unfortunates in the neck instead. Nuon Chea said in the film it was "the correct solution" to have traitors "killed and destroyed". But Mr Smith says that whatever Nuon Chea has said elsewhere, he has the right to remain silent before the tribunal. "I haven't seen that film yet, but we will make sure any relevant probative and relevant evidence will be put before the court," he said. The international community agrees there must be justice for the horrors of the Khmer Rouge, but it has been slow in coming and the tribunal is expensive. From the inception of the court in 2006 until the end of last year, the cost has been $US109.1 million, and by the end of this year it is expected to be $US149.8m. Australia has contributed $16.7m towards cost of the tribunal, including $2m this month. Eyebrows have been raised by allegations of corruption and political interference with the tribunal in the past, and recently by infighting among tribunal officials. In a leaked letter of resignation to the investigating judges working on case three - intended to follow after the trial of the four leaders - historian Stephen Heder referred to the judges' decision "to close the investigation into case file 003 effectively without investigating it". Case three is thought to cover the crimes of Meas Muth, a former commander of the Khmer Rouge navy, and Sou Met, the Khmer Rouge air force commander. The closing of the case by the two co-investigating judges, one from Cambodia and one from Germany, prompted angry allegations of political interference. Mr Heder wrote to the judges of the "toxic atmosphere of mutual mistrust generated by your management" in the "professionally dysfunctional office". At least four staff members and a consultant have resigned from the office of the investigating judges in the past seven weeks, alleging bad faith. The prosecutors had already decided the judges' investigation was insufficient, and requested more work on the case. "There's obviously a lot of concern about cases three and four, but we're just doing our jobs," Mr Smith said of the cases against five more Khmer Rouge officials. "From the international prosecutors' perspective, case three and case four are proceeding." Officially known as the Extraordinary Chambers in the Courts of Cambodia, the tribunal has already chalked up one victory. Torture prison commander Kaing Guek Eav, notorious as Duch, was convicted of crimes against humanity last year, and sentenced to 35 years in prison. Duch, who ruled over the outrages committed at the Tuol Sleng torture prison in Phnom Penh, publicly apologised to his victims, but even so he has appealed. Now finally the big four will face their accusers. "This has been a long time waiting for many, many Cambodians and for many national and international human rights activists who want the senior and most responsible people brought to account," Mr Smith said. "It's cathartic to see people brought to account in the form of a fair trial."  | ||
| Thai leader defends leaving UN heritage site body Posted: 26 Jun 2011 09:16 AM PDT Sunday, June 26, 2011 BANGKOK (AP) — Thailand's prime minister on Sunday defended his country's decision to quit the U.N.'s World Heritage Convention, saying its committee's consideration of a Cambodian plan to manage a protected temple on Thailand's border would increase tensions. Abhisit Vejjajiva told reporters it didn't make sense for Cambodia to unilaterally offer a plan for managing the Preah Vihear temple site, which is mostly easily accessible through land under dispute by both countries. At least 20 people have died in attacks in the area surrounding the temple since 2008, when the site received World Heritage status over Thailand's objections. Thailand announced its withdrawal from the convention on Saturday at a meeting of the UNESCO World Heritage Committee in Paris. The chief of its delegation there, Natural Resources and Environment Minister Suwit Khunkitti, said Thailand was withdrawing because the committee's consideration of Cambodia's plan could threaten Thai sovereignty and territory. Thailand was also part of the 21-member committee. Thailand says the management plan should not be taken up until after the border is clearly demarcated. "We are reaffirming that it simply doesn't make sense to accept the idea that Cambodia unilaterally can push ahead with the management of the temple as a World Heritage property," Abhisit said Sunday. "It clearly will have an effect on the dispute that is ongoing and it will only contribute to further tension and greater risk of violence." The border dispute has stirred nationalist sentiment on both sides, but analysts say the dispute is largely driven by domestic tensions within each country rather than tensions between them. Abhisit and his Democrat Party are trailing in polls for a July 2 general election, and rallying around the flag could give them a boost. The conflict involves small swaths of land along the border that have been disputed for more than half a century. Armed clashes have broken out six times since 2008, but neither side appears to be trying to capture territory, and few believe the conflict will evolve into full-scale war. The International Court of Justice gave Cambodia control of the temple in 1962. Thailand says it does not contest that ruling, though hardline nationalists oppose it. Cambodia in May appealed to the world court for a clarification of the 1962 ruling and to order Thailand to cease hostilities. It argued in its written application that the court's opinion "could then serve as a basis for a final resolution of this dispute through negotiation or any other peaceful means."  | ||
| Thailand quits heritage body amid temple row Posted: 26 Jun 2011 09:12 AM PDT
AFP BANGKOK — Thailand has withdrawn from UNESCO'S World Heritage Convention because of a row with Cambodia over a disputed 900-year-old temple, a top official said. Thailand announced its decision at a meeting in Paris on Saturday, its representative to the talks, Natural Resource and Environment Minister Suwit Khunkitti, told Thai media in the French capital. "We withdraw to say we do not accept any decision from this meeting," he said. The World Heritage Convention sets the criteria for UNESCO's list of the world's most important cultural and natural assets. Suwit said that Thailand took the decision because the Convention agreed to put Cambodia's proposed management plan for the Preah Vihear temple on its agenda. Preah Vihear is at the centre of a border conflict between the neighbouring countries that has left 28 people dead in two episodes of fierce fighting between their armies earlier this year. Thailand -- along with Cambodia -- was one of 21 members of the Convention selected to serve on the World Heritage Committee, which meets once a year to decide on additions to the World Heritage list. Cambodia in May launched a legal bid at the Hague-based International Court of Justice (ICJ), the highest UN tribunal, seeking to force Thailand to pull troops from disputed land near the temple ruins. The court ruled in 1962 that the temple itself belonged to Cambodia but both Phnom Penh and Bangkok claim ownership of a 4.6-square-kilometre (1.8-square-mile) patch of nearby land. Observers say the governments of both countries have used the issue in an attempt to stir patriotism and boost their approval ratings.  | ||
| Repair, restoration? Thailand withdraws from World Heritage Convention Posted: 26 Jun 2011 09:03 AM PDT Jun 26, 2011 By Luc Citrinot, eTN (Bangkok)- The issue around territories surrounding Preah Vihear temple, a magnificent ancient structure from the 11th-12th century, locate just at the demarcation line between Thailand and Cambodia, finally found an abrupt end on Saturday evening in Paris. Both Cambodia and Thailand have been opposed over the temple's management since the monument has been inscribed into UNESCO world heritage list in 2008. The temple is on Cambodian territory but some of its access and a 4.6 km² parcel of land surrounding the temple's compound are effectively located in Thailand. Since October 2008, regular clashes occurred between Cambodian and Thai military troops, with the most serious fighting taking place in February 2011. Some 28 people died during the conflict earlier this year. Although a common Cambodian-Thai management would have been the most reasonable solution for the temple, attracting many tourists to the area, national agendas on both sides stirred up nationalist feelings. The approval by the World Heritage Convention secretariat of Cambodia's management plan prompted Thailand's reaction. Natural Resources and Environment Minister Suwit Khunkitti announced to Thai media in Paris to withdraw from UNESCO World Heritage Convention. "They did not care about our sovereignty and territory," reported Thai newspapers citing Suwit Khunkitti's reaction. Most ridiculous is however the official reason to withdrawing: according to the Bangkok Post, the WHC's draft was in line with Thailand's own draft on Cambodia's Preah Vihear management plan, but it contains two sensitive words "restoration" and "repair". According to the newspaper , Thailand fears that both words would threaten "Thai sovereignty" as such works would require to be conducted temporarily on the Thai territory. Prime Minister Abhisit Vejjajiva declared earlier that the world "adjustment" would have been more appropriate to describe any works on the temple. The Phnom Penh Post reported on Friday that the plan included a variety of conservation works, such as repairing and protecting stairs on the eastern side of the 11th-century temple. The temple was damaged by artillery shells and bullets during four days of fight last February. Both sides accuse each other to have shot first on the temple compound. If Cambodia seems to have so far win on the diplomatic front, the loser is definitely the beautiful Preah Vihear temple site and of course the people living around. There is however some hope to a more dignified solution: the resignation will not be effective immediately as the process takes time due to its international involvement. And until that date, power might also have shifted in Bangkok, following July 3 general elections.  | ||
| "ឈប់ដៀលស្មូមទៅ " Chhob Deal Smom Tov! Posted: 26 Jun 2011 03:45 AM PDT   | ||
| Appel aux Parlementaires français / Appeal to French Members of Parliament Posted: 26 Jun 2011 03:22 AM PDT  25 June 2011 APPEAL TO FRENCH MEMBERS OF PARLIAMENT A week before the visit to Cambodia by French Prime Minister François Fillon scheduled for 2-3 July 2011, Cambodian opposition leader Sam Rainsy renewed and updated today his appeal to French Members of Parliament. --------- Paris, le 25 juin 2011 Le Premier ministre français François Fillon devant effectuer une visite officielle au Cambodge les 2 et 3 juillet prochains, je me permets de renouveler mon appel suivant: APPEL AUX PARLEMENTAIRES FRANÇAIS Je m'appelle Sam Rainsy. J'ai la double nationalité française et cambodgienne. Je suis député du Cambodge, un pays ami et allié de longue date de la France. Depuis une quinzaine d'années je remplis mon rôle de chef de l'opposition au Cambodge, dirigeant la deuxième force politique du pays, le PSR qui représente entre 20 et 25% de l'électorat malgré des élections truquées. Parce que je dirige une opposition critique à l'encontre du gouvernement de mon pays je suis persécuté avec acharnement par celui-ci et le parti au pouvoir qui est de type totalitaire, dirigé par d'anciens Khmers rouges. En 1995 j'ai été expulsé inconstitutionnellement de l'Assemblée nationale, mais ai pu retrouver mon siège de député aux élections suivantes. A chaque élection, mon parti a recueilli un nombre accru de voix et obtenu un plus grand nombre de sièges à l'Assemblée nationale. Mais le 16 mars 2011 j'ai été à nouveau expulsé de l'Assemblée nationale, de manière tout aussi arbitraire et inconstitutionnelle que la fois précédente, de par la seule volonté du parti au pouvoir. J'ai échappé à plusieurs tentatives d'assassinat, comme une attaque à la grenade particulièrement meurtrière en 1997 vraisemblablement commanditée par le Premier ministre Hun Sen, mais environ quatre-vingts membres et sympathisants du PSR ont été assassinés depuis la création de ce premier parti d'opposition en 1995. Le parti au pouvoir ne se contente pas d'attenter à ma vie ou de me chasser de l'Assemblée nationale, il s'est aussi arrangé pour enlever illégalement mon immunité parlementaire et me faire condamner à de lourdes peines de prison à de multiples reprises. La dernière fois remonte seulement au début de cette année 2011 quand j'ai été condamné à un total de 14 années d'emprisonnement sur des accusations de nature purement politique. J'ai été de ce fait contraint de m'exiler provisoirement en France. Mon seul crime tient au fait que j'ose imperturbablement dénoncer la corruption et les violations des droits de l'homme et défendre les habitants de mon pays qui m'ont élu comme leur représentant. L'ancien Président de la République socialiste portugais Mario Suarez a été un de mes parrains quand le Parlement européen m'a délivré un Passeport pour la Liberté en l'an 2000. En 2006, j'ai reçu le Prix pour la Liberté attribué par l'Internationale Libérale. Un communiqué daté 14 septembre 2010 d'une coalition de 16 ONG de droits de l'homme au Cambodge dénonce: "Le gouvernement a utilisé les tribunaux pour réduire au silence les voix critiques à l'encontre de son action touchant la confiscation de terres, la corruption et les conflits frontaliers". Autre précision: "Les accusations [contre Sam Rainsy et d'autres contestataires] sont de nature politique". Dans sa résolution sur le "Cambodge, en particulier le cas de Sam Rainsy" adopté le 21 octobre 2010 à Strasbourg, le Parlement européen "condamne les verdicts fondés sur des motivations politiques à l'encontre de représentants de l'opposition et d'ONG, en particulier ceux prononcés à l'encontre de Sam Rainsy". La résolution dénonce le fait que "la stratégie du parti au pouvoir au Cambodge consiste à utiliser une justice servile pour museler toute critique à l'encontre du gouvernement". Dans sa décision du 17 janvier 2011, l'Union Interparlementaire à Genève "considère qu'il devient urgent de revoir le cas de Mr. Sam Rainsy et de le réhabiliter, et demande aux autorités, y compris le Parlement, de prendre sans tarder les mesures adéquates afin de permettre à Mr. Sam Rainsy de reprendre sa place légitime au sein de l'Assemblée nationale." Je fais appel à votre solidarité en tant que collègue parlementaire: Vous pourriez grandement m'aider en demandant au gouvernement de la République française de faire pression, directement et par l'intermédiaire de l'Union européenne, sur les autorités étatiques du Cambodge, un pays dont la survie dépend de l'aide internationale, de sorte que je puisse reprendre mon travail de député dans des conditions acceptables et continuer à promouvoir la démocratie et la bonne gouvernance dans mon pays. Je vous en remercie. Sam Rainsy samrainsysrp@gmail.com  | ||
| Thai FM Kasit holds urgent meeting to ponder next move Posted: 26 Jun 2011 02:55 AM PDT Sunday, June 26, 2011 The Nation Foreign Minister Kasit Piromya on Sunday held an urgent meeting to consider the next move after Thailand withdrew from the World Heritage Convention to protest against its decision to consider Cambodia's Preah Vihear management plan. The meeting comprised representatives from his ministry and ministries of Culture and Natural Resources and Environment. It was held as Kasit is leaving for Kazakhtan this evening. Natural Resources and Environment Minister Suwit Khunkitti, head of the Thai delegation negotiating with the World Heritage Committee in Paris, said on Saturday his delegation had informed the WHC that Thailand resigned as a member country to the convention. The decision was made after the panel ignored Thailand's concern that the consideration of the management plan would complicate Thai-Cambodian border dispute. "They ignored it and they did not care about our sovereignty and territory," Suwit said.  | ||
| Yingluck and the Thai military Posted: 26 Jun 2011 02:43 AM PDT  | ||
| PAD supports Suwit's decision [to pull out of WHC] Posted: 26 Jun 2011 02:38 AM PDT 26/06/2011 Bangkok Post The People's Alliance for Democracy is full of praise for Natural Resources and Environment Minister Suwit Khunkitti to have decided to withdraw Thailand from the World Heritage Convention, PAD spokesman Panthep Puapongpan said on Sunday. He said the decision was in line with the PAD's standpoint and proposal submitted earlier to the government. After this, it was necessary for Thailand to act more decisively to protect its territorial sovereignty, he said. Mr Panthep said the PAD would continue with its rally at the Makkhawan Rangsan and Chamai Maruchet bridges until the night of July 1 to follow up the World Heritage Committee's meeting, which is scheduled to end on June 29, and to campaign for electorate to tick the "no vote" box in the July 3 election.  | ||
| Plodprasop questions Suwit's decision [-Suwit's mistaken gamble?] Posted: 26 Jun 2011 02:32 AM PDT 26/06/2011 Bangkok Post Thailand's withdrawal from the World Heritage Convention may require prior approval from parliament as doing so involves territory and national integrity, Pheu Thai Party deputy leader Plodprasop Surasawadee said on Sunday. Mr Plodprasop was referring to Thailand's withdrawal from the World Heritage Convention after its secretariat to decided to advance Cambodia's management plan for the Preah Vihear temple for consideration. Thailand had tried unsuccessfully to push for postponement of the World Heritage Convention's consideration of the management plan for the Preah Vihear temple until the Thai-Cambodian boundary in dispute was clearly defined. The withdrawal from the World Heritage Convention was made last night by Natural Resources and Environment Minister Suwit Khunkitti, head of the Thai delegation to the World Heritage Committee meeting in Paris. Mr Plodprasop said this was a serious matter and the Thai people should be given a clear explanation. He questioned if Mr Suwit's decision was agreed on by Prime Minister Abhisit Vejjajiva. Since withdrawing from the World Heritage Convention was a matter involving territory and national integrity, why the government had done so in a hurry without first seeking parliamentary approval. As a general elelction would be held in a week from now, he wondered why the government did not leave the decision to be made by the next government. Mr Plodprasop said without Thailand in it, the World Heritage Convention could continue to hold a meeting. Thailand's absence would even make it easier for the convention to make a decision without an obstruction. The withdrawal from the World Heritage Convention had only deprived Thailand's chance to list many ancient ruins and national parks as world heritage sites which could draw a large number of tourists, he said.  | ||
| Cambodian tribunal set to try Khmer Rouge leaders Posted: 26 Jun 2011 02:01 AM PDT 2011-06-26 By SOPHENG CHEANG Associated Press "Do I have remorse? No," said Ieng Sary in 1996, after he led a mass defection to the government. "I have no regrets because this was not my responsibility." Now old and infirm, four of the top surviving members of the Khmer Rouge's ruling elite are about to face justice, decades after their plans for a Communist utopia in Cambodia left an estimated 1.7 million people dead by execution, medical neglect, overwork and starvation. On Monday a U.N.-backed tribunal, comprising Cambodian and foreign jurists, will begin trying them on charges including crimes against humanity, war crimes, genocide, religious persecution, homicide and torture. With Khmer Rouge leader Pol Pot long dead, this may be the nation's best chance to hold architects of the "Killing Fields" and the enslavement of millions of Cambodians accountable, though all four say they are innocent. Nuon Chea, 84, was Pol Pot's No. 2 and the group's chief ideologist. Khieu Samphan, 79, was its former head of state. Ieng Sary, 85, was its foreign minister, and his 79-year-old wife, Ieng Thirith, was minister for social affairs. Together, they form what the tribunal calls Case 002. The chief jailer of a notorious Khmer Rouge prison was convicted last year in the breakthrough Case 001. Political and financial pressures on the tribunal are raising doubts over whether there will ever be a Case 003. Although this week's court sessions will be strictly procedural, with testimony and presentation of evidence expected to begin in August or September, it will mark the first joint appearance of the defendants in the dock, 32 years after the Khmer Rouge were kicked out of power in 1979 with the help of a Vietnamese invasion. Pol Pot escaped justice with his death in 1998, then a prisoner of his own comrades as his once-mighty movement, in jungle retreat, was collapsing. The tribunal, officially known as the Extraordinary Chambers in the Courts of Cambodia, started operations in 2006. Its first defendant was Kaing Guek Eav, also known as Duch, commandant of Tuol Sleng prison, known as S-21, where only a handful of prisoners survived. Up to 16,000 people were tortured under Duch's command and later taken away to be killed. Duch, now 68, was sentenced to 35 years in prison for war crimes and crimes against humanity. His sentence was reduced to a 19-year term because of time previously served and other technicalities, bringing angry criticism from victims who called the punishment too lenient. Cambodia has no death penalty. Alex Hinton, an anthropology professor at Rutgers University and author of a book about genocide in Cambodia, says Duch's case had "enormous symbolic value" because the prison was so closely associated with the horrors of the Khmer Rouge. But Case 002 "is more significant in that it will put the four most senior surviving Khmer Rouge leaders on trial for the first time." "We will learn much about their thinking, the way their regime worked, and, ultimately, how their program of mass murder was enabled and unfolded," he says. Despite the notoriety of the Khmer Rouge, proving the case may pose a challenge. Duch expressed remorse, acknowledged responsibility for his actions and kept meticulous prison records that were mostly recovered when the Khmer Rouge fled Phnom Penh, the capital. The paper trial in Case 002 is less solid, and the defendants have not been as accommodating. In previous public statements, they have tried to cast blame on others, such as the Vietnamese, who supposedly committed atrocities when they invaded, or Pol Pot himself, conveniently dead. "Do I have remorse? No," said Ieng Sary in 1996, after he led a mass defection to the government. "I have no regrets because this was not my responsibility." Ieng Sary, whose wife was the sister of Pol Pot's wife, blamed Khmer Rouge atrocities on the group's leader. He said he was a secondary figure who was excluded from Pol Pot's secret security committee, which decided policy and who would be executed. The four defendants had lived freely before being taken into tribunal custody in 2007, often living in former Khmer Rouge strongholds. All are being held at a custom built jail in the same compound as the tribunal's headquarters and and courtroom. This trial may be the tribunal's last, even though preliminary cases have been prepared against at least five more suspects. In recent months, it has been mired in controversy over what critics charge is an effort by the co-investigating judges - from Cambodia and Germany - to scuttle further prosecutions. The process has always suffered from budgetary pressures, even though it will have spent almost $150 million from its start in 2006 until the end of this year. More importantly, Cambodian Prime Minister Hun Sen, presumably wary that political allies who once served with the Khmer Rouge - as he himself did - could face prosecution, has declared he simply won't allow more trials. While the Cambodian members of the tribunal's legal team have long been seen as susceptible to pressure from their government, co-investigating Judge Siegfried Blunk's agreeing to cut short investigations into Case 003 has raised hackles among human rights activists and other tribunal staff members, including some who appealed it to higher authorities and others who quietly resigned in protest. "The current controversy in the court could lead to questioning by the public, which, added to the complexity and length of the procedures, may create fatigue and perhaps a kind of cynical reaction in front of what many people consider as an outside political interference," warns Kek Galabru of the Cambodian human rights organization Licadho. "Unfortunately, this could undermine the reputation of the court." Andrew Cayley, the British co-prosecutor, says the process has taken a long time out of necessity. "Justice has been delayed because the Khmer Rouge went on fighting the government until the late 1990s. It took 20 years to get a point where real trials could even be considered and then Cambodia needed help," he said. "Its legal system was in ruins with few qualified lawyers left _ most had been murdered by the Khmer Rouge _ and yet they took the very courageous step of having these trials and addressing the past. "That's hope. For all of us." ___ Associated Press writer Grant Peck in Bangkok contributed to this report.  | ||
| Posted: 26 Jun 2011 01:51 AM PDT Media Comment – Phnom Penh, 26 June 2011 Beginning of Case 002 represents justice for victims of the Khmer Rouge, however delayed On the eve of the first day of trial in Case 002 at the Khmer Rouge Tribunal – the trial of Nuon Chea, Ieng Sary, Khieu Samphan and Ieng Thirith – the Cambodian Center for Human Rights welcomes this healing opportunity for all victims of the Khmer Rouge and for the country as a whole. While a great deal of uncertainty remains as to the future of the tribunal, it is hoped that this trial will provide all Cambodians with an opportunity to understand the darkest chapter in Cambodia's recent history and provide an opportunity for the country to move on towards a peaceful and prosperous future. Commenting on beginning of Case 002 Ou Virak, President of the Cambodian Center for Human Rights – a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia – said: "The beginning of Case 002 will be a cathartic moment for all Cambodians. While the crimes of the Khmer Rouge were committed over a quarter of a century ago, they remain ingrained in Cambodia's collective psyche. I hope that this trial – coming as it does so many years after the crimes alleged against the accused were committed – provides all victims with some sense of justice, however delayed that justice may be." For more information contact: Ou Virak, CCHR President Telephone: +855 12 40 40 51 Email: ouvirak@cchrcambodia.org Please find this media comment attached in pdf. Thank you and kind regards -- The Cambodian Center for Human Rights (CCHR) is a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia. For more information, please visit www.cchrcambodia.org.   | ||
| Ieng Sary not guilty? - Editorial by Dr. Chhay Hoc Pheng, Judge in France Posted: 26 Jun 2011 01:39 AM PDT | ||
| French MP Nicolas Dupont-Aignan defends Sam Rainsy Posted: 26 Jun 2011 12:29 AM PDT 26 June 2011 Unofficial translation from French by KI-Media Nicolas Dupont-Aignan: "Sam Rainsy, victim of legal harassment" because Hun Sen wants "to silence him" On 15 April 2011, Mr. Nicolas Dupont-Aignan, an independent Member of Parliament from Essonne, wrote to Alain Juppé, the Minister of Foreign and European Affairs, asking him to intervene with the Phnom Penh regime in the case of Cambodian opposition leader Sam Rainsy who is currently living in exile in France. Here are the salient points of Mr. Nicolas Dupont-Aignan's letter: "I am drawn [...] to the situation of Cambodian MP Sam Rainsy. On the grounds that he tirelessly denounced corruption, violation of human rights, murderous border disputes, Mr. Sam Rainsy was persecuted for the past 15 years by the Phnom Penh regime. After escaping an assassination attempt in 1997 which claimed the lives of [many] members of the opposition party which he chairs, Sam Rainsy is now a victim of judicial persecution. While his action is supported and recognized by the international community and while the European Parliament, which issued a resolution dated 21 October 2010 [in this regard], denounced the actions perpetrated against the opposition in general and against Sam Rainsy in particular, the Cambodian Executive expelled him from the National Assembly and deprived him of his parliamentary immunity and sentenced him to a heavy prison term to silence him. Sam Rainsy's case shows the true nature of the Cambodian regime which, under cover of a fake parliamentary democracy, preserves all the traits of an autocratic dictatorship inherited from the former dictatorship. The EU cannot ignore the repression suffered by the opposition representatives in Cambodia, and it must intervene with this country's government so that Sam Rainsy and all elected officials who represent the voice of the voters can find their place in the Parliament and their right to speak. Therefore, I would be very grateful if you would pass along the appeal on behalf Sam Rainsy to your Cambodian counterparts." [End quote] ------------------ Official statement 26 juin 2011 NICOLAS DUPONT-AIGNAN: "SAM RAINSY VICTIME D'UN ACHARNEMENT JUDICIAIRE" PARCE QUE HUN SEN VEUT "LE FAIRE TAIRE" Monsieur Nicolas DUPONT-AIGNAN, Député de l'Essonne n'appartenant à aucun groupe politique, a écrit le 15 avril 2011 à Monsieur Alain JUPPÉ, Ministre des Affaires étrangères et européennes, pour lui demander d'intervenir auprès des Autorités de Phnom Penh sur le cas du chef de l'opposition cambodgienne SAM RAINSY qui vit actuellement en exil en France. Voici les points les plus importants dans l'intervention du Député Nicolas DUPONT-AIGNAN : « Mon attention a été attirée […] sur la situation du Député Cambodgien SAM RAINSY. Au motif qu'il dénonce inlassablement la corruption, la violation des droits de l'homme, et les conflits frontaliers meurtriers, Monsieur SAM RAINSY est persécuté depuis 15 ans, par les Autorités de Phnom Penh. Après avoir échappé en 1997 à un attentat ayant coûté la vie à [de nombreux] membres du parti d'opposition qu'il préside, SAM RAINSY est aujourd'hui victime d'un acharnement judiciaire. Bien que son action soit soutenue et reconnue par la communauté internationale, et que le Parlement européen, dans sa résolution du 21 octobre 2010, ait dénoncé les agissements perpétrés à l'encontre de l'opposition en général et de SAM RAINSY en particulier, l'Exécutif Cambodgien l'a expulsé de l'Assemblée nationale, privé de son immunité parlementaire et condamné à une lourde peine de prison pour le faire taire. Le cas de SAM RAINSY illustre la vraie nature du régime Cambodgien qui, sous couvert d'une apparence de démocratie parlementaire, a conservé les réflexes autocratiques de l'ancienne dictature. L'Union européenne ne saurait ignorer la répression dont sont victimes les représentants de l'opposition au Cambodge, et se doit d'intervenir auprès du Gouvernement de ce pays pour que SAM RAINSY et tous les Elus qui incarnent le suffrage universel retrouvent leur place au sein du Parlement et leur droit de parole dans la cité. C'est pourquoi, je vous serais très reconnaissant de bien vouloir relayer l'appel lancé par SAM RAINSY auprès de vos homologues cambodgiens. » [Fin de citation]  | ||
| Posted: 26 Jun 2011 12:09 AM PDT  26 June 2011, Phnom Penh Civil Parties of Orphans Class' Open Letter to Co-Lead Lawyers ANG Pich and Elisabeth Simmoneau-Fort re Reparations of ECCC Inventory (Physical Assets) and Provincial Learning Centers-Memorials Dear Civil Party Co-Lead Lawyers ANG Pich and Elisabeth Simmoneau-Fort: On the advent of the historic opening trial hearing of Case 002 against senior Khmer Rouge leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, we, the Civil Parties of Orphans Class—the only class in the Extraordinary Chambers ("ECCC") with official rights to reparations in Case 002—renew our call to you, our official public voice in the criminal proceedings at the ECCC, for the inventory / physical assets of the ECCC upon the closing of its operations and that Learning Centers-Memorials in all 24 provinces of Cambodia be established and furnished with this inventory. We are renewing this call now, first publicly made in July 2010, because we understand that during these coming days of preliminary hearings this topic of reparations will be argued. The Civil Parties of Orphans Class, a sub-group within the Association of Khmer Rouge Victims in Cambodia, has the right to reparations as a party to the ECCC criminal proceeding against the senior Khmer Rouge leaders, should they be found guilty. After initial review of the ECCC website and communications with ECCC officials, it is our understanding that the ECCC has at minimum these basic items of inventory for its 500 personnel (350 of these Cambodian):
It is also our understanding that (i) the Chambers may award only "collective and moral reparations to Civil Parties", (ii) Article 39 of the ECCC Law to "be awarded against, and be borne by convicted persons" not to exclude the Cambodian government and the United Nations, parties to the laws and agreements establishing the ECCC in the provision of this collective and moral reparation as owners of the inventory (see ECCC Law Art. 44.1, 44.2, 44.4 New; Internal Rules 9.3 New), and (iii) any sensitive materials and data can be easily removed and protected before the handing over of the inventory. In addition, we demand that provincial Learning Centers-Memorials be established in each of the 24 provinces of Cambodia as part of our right to reparation and the legacy of memorializing and education. With all due respect, Phnom Penh was not the only crime scene; memorializing and resources need to include and respect the 85% of Cambodian victims who reside in the provinces. These provincial Learning Centers-Memorials must be the joint efforts of local and national government with civil society, artists and all the victims associations. Local government can donate land and office space while civil society and victims associations work to maintain and operate these Learning Centers-Memorials. The Learning Center-Memorial being established at Wat Samroung in Battambang with the involvement of the local community, assisted by the Center for Justice & Reconciliation (now a component of CIVICUS: Center for Cambodian Civic Education) and funded by the Australian Embassy is one existing example. The ECCC documents, the Virtual Tribunal, public forums and outreach materials produced by civil society and victims associations, art works are but some of the materials which can be made available at these provincial Learning Centers-Memorials. These provincial Learning Centers-Memorials would be furnished with the above-mentioned equipment and inventory. The management of these provincial learning centers-memorials must include a diverse range of voices and interests of local/national government, traditional human rights NGOs with arts association, national/international stakeholders, all victims associations etc. Our demand for the ECCC inventory does not burden the ECCC with a new budget as they are items already financed and purchased. No one else has a greater moral and legal right to these equipment and inventory than the civil parties for the welfare of all the victims, of which you are the official voice in the court proceeding, including the new generation born after the Khmer Rouge who lost grandparents and other loved ones in addition to limited opportunities produced by the genocide. Moreover, the provincial Learning Centers-Memorials do not pose a heavy financial burden, if at all, a fraction of a fraction of a fraction of the national budget which can easily be legislated by the National Assembly. The benefits which these reparations of inventory and provincial Learning Centers-Memorials impart toward reconciliation and legacy for the current and future generation are priceless. The logic of these demands is extremely practical and reasonable in that their objections will pose serious questions and incalculable reactions of "why not?" It is we the Orphans Class who are requesting, but we are requesting for the benefit of all civil parties as well as the other victims generally, e.g. 1,200,000 other orphans who did not apply to the Extraordinary Chambers. As our public, official voices fighting for your interests in the ECCC criminal proceeding, you are our only official vehicle to making these demands. We look forward to our most minimal rewards. Sincerely, Ms. Theary C. SENG Mr. CHEY Theara AKRVC Founder/President AKRVC Deputy President +855.12.222.552 +855.17.736.902 Cc: H.E. Prime Minister Hun Sen and H.E. Sok An, Council of Ministers UN Secretary General Ban Ki-Moon Mr. Tony Kranh and Mr. Knut Rosandhaug, ECCC Office of Administration 40+ Civil Party Lawyers Mr. Rong Chhorng, Chief of ECCC Victims Support Section _________________________________________________ The Association of Khmer Rouge Victims in Cambodia—the first association based in Cambodia to be registered with the Ministry of Interior and the first to be recognized by the ECCC Victims Support Section and independent of any political or religious affiliation—is a network of survivors of the 1975-79 killing fields who are joined in the fellowship of suffering, in the demand for justice, and in the work for a just peace. The members of the Victims Association are from overseas and spread across the provinces and capital of Cambodia, coming together as a result of the public forums conducted by its Founder, and now its president Ms. Theary C. SENG and Victims Outreach Manager Mr. SOK Leang since 2007. They include widows and orphans; former child soldiers and former prisoners; hard-working farmers and middle-class city-dwellers; well-known actresses playwrights, authors and journalists; as well as teachers, translators, security guards, taxi drivers, inter alia. Among the other members of the Victims Association is the Civil Parties of Orphans Class, a special grouping pre-dating the AKRVC founding when introduced officially in the Pre-Trial Chamber hearing of Nuon Chea in Feb. 2008, and since officially recognized by the ECCC Victims Support Section and a party to the Extraordinary Chambers Case File No. 002 against the senior Khmer Rouge leaders. http://www.scribd.com/fullscreen/58732604?access_key=key-1j972ewip5ikttljoxzv  |
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