KI Media: “Monk, publisher win awards” plus 24 more

KI Media: “Monk, publisher win awards” plus 24 more


Monk, publisher win awards

Posted: 27 Jun 2011 05:24 PM PDT

The venerable Luon Savath (Photo by: Will Baxter)

Publisher Hang Chakra (Photo by: Heng Chivoan)

Monday, 27 June 2011
Meas Sokchea
The Phnom Penh Post

A monk who went into hiding in March over fears authorities would arrest him for attending land dispute protests will be awarded Human Right's Watch's Hellman/Hammett award next month, along with an anti-government newspaper publisher.

Venerable Loun Savath, who has come out of hiding and is now living in Slaeng pagoda in Siem Reap province, said yesterday that the award – which is granted to those who speak out in the face of intimidation – was for the people.

"Though I received the award I don't regard it as mine, I regard it as people's award that are thirsty and hungry for the truth," he said.


In April, a declaration banished Venerable Loun Savath from all pagodas in the capital. It argued his actions had violated the rules of Buddhism and caused villagers to view the religion negatively.

Khmer Machas Srok newspaper publisher, Hang Chakra, will also receive the prize for his defiant critiques of the Cambodian People's Party after spending more than nine months in prison for an article alleging government corruption in 2009.

Hang Chakra said yesterday he was "very excited" to receive the award for his vigilance after being pardoned by King Norodom Sihamoni in April 2010.

Phil Roberson, deputy Asia director of Human Rights Watch, yesterday slammed the government's persecution of Loun Savath, saying his case was indicative of disturbing a human rights trend in Cambodia that the international community had failed to combat.

"There is a rapidly escalating level of intimidation and attacks against those like Venerable Loun Savath who challenge the nexus of official corruption, greed and rights abuses that underpin the plague of land grabbing that is happening all over Cambodia," he said by email.

"Ensuring respect for rights like these is one of the basic tests for the UN and development donors to ensure fair and just governance and development in Cambodia."

Survivors of The Killing Fields Revisited

Posted: 27 Jun 2011 05:16 PM PDT





FOUR CORNERS
Investigative TV journalism at its best.
Australian Broadcasting Corporation
Program Transcript

Reporter: Marian Wilkinson Producer: Janine Cohen


Date: 27/06/2011


SURVIVORS OF THE KILLING FIELDS REVISITED


UNG BUN HEANG: I think the refugees should allow to live, if they are genuine refugee they should allow to live in this society. You know look back, you know we were refugee too. We came here, we worked so hard and we contribute everything what we have.

And right now I can - I don't want to say anyone else but my family - I have four kids, beautiful kids, good citizen, and I can guarantee they're going to be a good taxpayer for this country.

KERRY O'BRIEN, PRESENTER: One view on Australia's refugee policy from someone who knows what it's like to be one.

Ung Bun fled the Killing Fields of Cambodia nearly three decades ago.

Welcome to Four Corners.

From the mid-70s to the mid-80s after the Vietnam War, Australia accepted some 90,000 Indo-Chinese refugees. Some came by boat, many more were accepted from camps across South-East Asia and Hong Kong.

But at various points through that decade controversy raged over whether too many Asians were being settled here.


In 1987 Four Corners recorded stories of unspeakable horror from four survivors of Pol Pot's murderous Khmer Rouge regime who had found refuge in Australia. More than one in five of Cambodia's 7 million people died in the genocide.

Twenty-four years after her original story, with the issue of refugees more inflamed than ever, Marian Wilkinson has returned to those four Cambodian survivors to reflect on their journey out of hell and to talk about their struggles to rebuild their own damaged lives in a new country and create new life in the process.

This is not fairytale romance. But it is a tale of what Australia offered them and of how they responded.

MARIAN WILKINSON, REPORTER: Last month, in a modest temple in suburban Sydney, Phiny Ung came with her mother Mrs Kang and her husband Bun to celebrate the Buddha's birthday.

I first met them and other survivors from the Cambodian genocide in 1987 after they had settled in Sydney.

Today the latest bitter debate over refugees is again dominating the media. We decided to revisit these survivors, to hear from those so rarely given a voice in the refugee debate.

PHINY UNG: We don't want to die. We must live and that's what, when we determined to risk our life to cross the border, when we escape, that was extraordinary experience in our life. And yes, of course the scar, it stay there forever. It doesn't matter how happy, how much you enjoy, it's here with you. I'm going to take it to my grave.

MARIAN WILKINSON: A little over three decades ago, Phiny was among the haunted men, women and children who fled the nation then known as Kampuchea, a place that became synonymous with the Killing Fields.

They came across the Thai border in their tens of thousands, starving and desperate - refugees from the Cambodian Holocaust.

Under Pol Pot's Khmer Rouge regime some 1,700,000 Cambodians had perished from execution, war and starvation. A fifth of the entire nation in less than four years - many buried in mass graves.

CAMBODIAN MAN (Singing, subtitles): What a great sorrow to lose our parents and grandparents who have died.

MARIAN WILKINSON: In the 1980s a reluctant Australia took in some of these Cambodians. Today their Australian children and grandchildren would hardly recognise the traumatised survivors I recorded almost a quarter of a century ago.

Some like Mrs Kang's daughter Phiny took the risk to escape early.

(Extract from Four Corners, 1987)
PHINY UNG: Because she believe that if it was success in this escape, that one of our family will be survived from that hell.

UNG BUN HEANG: And then when we get up in the morning, I just say myself, I can live another one day because those year you don't know when it's your turn to be taken away to the prison, so when you wake up you still alive, you suppose we can live another one day. So it's meaning we live day by day. It's something like a bird in a cage, we don't know when they going to take us away from the cage.
(End of excerpt)

UNG BUN HEANG: I always optimist. After marry, after we get married, after I get married with Phiny, she very sad because she lost her father, three brothers and two sisters, and then I told her, don't worry, we would get out from Cambodia one day. One day we will get out you know, that Cambodia never like this and they will never stay like this. They will change and I would take her out from Cambodia to live in another free country.

MARIAN WILKINSON: For Phiny and Bun, becoming grandparents is a remarkable achievement for two people whose own lives once hung in the balance.

PHINY UNG: Just between Bun and I have a two grown up daughters. One have two children, two daughters and the other one have a daughter, so like we expanding so fast.

NATALIE, DAUGHTER: Tell me about the mash that you ate last night. I wish I ate some. I wish I was there to eat some.

KREUSNA, DAUGHTER: And then we had sausage rolls, daddy made sausage rolls as well.

PHINY UNG: They are very Australian to me. Physically they're Cambodian but mentally they are very Australian.

MARIAN WILKINSON: While their two sons are at home, Phiny and Bun's daughters have grown up. Kreusna is home on a rare visit from London with her English husband and two daughters.

Nathalie is married to an Italian-Australian. She has given Phiny and Bun not only their third grand-daughter but Sicilian in-laws.

PHINY UNG (To Nathalie's mother-in-law): Do you want me to relieve (gestures to baby)?

NATHALIE'S MOTHER-IN-LAW: It's up to you.

PHINY UNG: Can I just have a cuddle? Thank you. Like a little bear, just a like a teddy bear - my little bear.

NATHALIE: Ah, changing shift.

MARIAN WILKINSON: Tell me what you've got in your family. You've got...

PHINY UNG: English, Italian and... Cambodian, Chinese.

MARIAN WILKINSON: And Australian.

PHINY UNG: And Australian of course (laughs).

MARIAN WILKINSON: Do you feel like you are a representative of multicultural Australia (laughs)?

PHINY UNG: I just feel blessed in a way that we all can share and live as a family. Like when my son-in-law came, when I met my in-law in England, when I talk to my other in-law in Italian, I learn from their cooking, they learn from my cooking. I think it's the first thing is food.

We eat, we enjoy and I believe that with the way of we communicate that it can bring us together too. Yeah, I think it's, that's what everybody ought to do. But it wasn't planned really.

MARIAN WILKINSON: Sharing a meal with family is still an emotional touchstone for all the Cambodian families we revisited, just as it was 24 years ago. Back then the bitter memories of Pol Pot's break up of their homes and enforced communal eating were impossible to erase.

(Extract from Four Corners, 1987)
MARIAN WILKINSON: Rarely before was food used so effectively as a tool of control over an entire country. Central to that control was forcing the population to eat in communal kitchens in every village.

UNG BUN HEANG: In 1976 they collect everything from every house, even spoon or plate or bicycle, everything from- is belong to property of people, put in one place, and then they created a community dining room.

MARIAN WILKINSON: At the so called dining room, little was served except rice, some vegetables and a mixture called soup rice - often just hot water with a few grains of rice. No food could be eaten outside the communal dining room.
(End of excerpt)

UNG BUN HEANG: I tried to share my experience with my children and I told them all time, you know, what's happened in Cambodia. I mean their life never been through like our life. You know because it's not very good. It's a sad story and a lot of scars in our hearts for all of our life. And I only wish my children or my grandchildren never been through it, you know, this Holocaust like my life.

MARIAN WILKINSON: Starvation haunted Cambodia under Pol Pot and the refugees who made it to Australia. The memory of her mother, then her brother dying of hunger were still deeply painful when I first met Ramy Var as a young woman.

(Extract from Four Corners, 1987)
RAMY VAR: That morning when I woke him up, he didn't move, he didn't say anything, his jaw was locked. That's happened to my father too, to my mother, to my aunty. He couldn't talk and I open his eyes, his eyes turn faint and half open half closed (crying) and then I knew again that he is dying, he was dying.
(End of excerpt)

MARIAN WILKINSON: Well Ramy, it's been 24 years, hard to believe. Tell me, what is your family life like now?

RAMY VAR: Things have moved on incredibly ah well for me and my family, Marian. Twenty-four years have passed, my god, lots and lots and lots of things has happen. I'm married, my sister's married, I've got two children, two girls, one who's 19 and the other one is 17 doing her HSC this year. So a lot has happen.

MARIAN WILKINSON: Ramy is this Cambodian or Vietnamese or Chinese?

RAMY VAR: It's an influence of the Vietnamese noodle salad. So being a neighbouring country we learn from each other's food and we actually enjoy- because Cambodia is hot and noodle salad with beef, stir-fried beef is something that we really enjoy eating.

Food is so precious and we treasure food, we are careful about food. My children understand because I explain to them that not to throw food away, not to waste food because food is precious for us.

We didn't have much to eat during the war. We didn't have much to eat during the communist regime. Your grandparent and your uncle and aunt died because of the starvation. So food here is very important and to cherish it and to treat it with respect.

And every time we have something nice, I often think about them. (Crying) I guess as the year pass by I do not think- I started to sort of like wean off thinking of them not as much as the early year when it was very fresh coming here, having a lot to have, but they were not around to share.

But now I just know that they probably, in a Buddhist way they probably be reincarnated to go somewhere else and hopefully they're no longer suffering like they were before.

MARIAN WILKINSON: The aching loneliness Ramy and her sister Yany felt when their parents, sister and brother died under Pol Pot has been soften over the years in Australia by marriage and Ramy's daughters.

RAMY VAR (To daughter): Now have you been progressing with your work, your assignment? You sure you're not just chat, chat, chat, chat? You're not?

RAMY'S DAUGHTER: No.

RAMY VAR: Never? You're not Facebooking on your internet?

RAMY'S DAUGHTER: No I am not Facebooking.

RAMY VAR: Swear?

RAMY'S DAUGHTER: I swear I am not Facebooking.

MARIAN WILKINSON: Like many refugee parents, Ramy is a driven mother. She's determined her girls will have the security of an education if their world falls apart. Because hers did when she was younger than they are today.

(Extract from Four Corners, 1987)
RAMY VAR: When Khmer Rouge took over in 1975, I was 15. I had just had my exam, finished my exam. My father was a professor, my mother was a housewife.

MARIAN WILKINSON: On April 17, 1975 Khmer Rouge soldiers seized control of Phnom Penh. At gunpoint, the new regime ordered the city's several million inhabitants to leave and begin a long march into the countryside.

RAMY VAR: They shoot up in the air and say, get out of the house. If you, if you don't get out of the house we're going to kill you straight away. Come out of the house.

So we all just rush, rush, get our belonging and... children, brother, sister together and get out of the house. My mother was by herself (cries) without my father. And I also couldn't believe that what's happened to us, everyone separated from each other. We felt very bad, very scared of dying, we didn't know what's happened next.
(End of excerpt)

RAMY VAR: With my girls, I always talk to them that how important it is to have education, no matter what has happened to you - the house get burnt down, the possession you have. If you go through war again like me, you have lost everything but education's always with you in your life. So try to study and get good qualification. Become someone that you can support yourself, support your family and support the community.

MARIAN WILKINSON: Are you a strict mother, do you think?

RAMY VAR: I'm a very strict mother, and you can get my girl to testify that. But it's all mean well for her, for them to learn the discipline. There's always limits in our life, we can't just be free to do everything as we wish or want to do, so... but they good girl. They are good girls.

MARIAN WILKINSON: Childhood under Pol Pot was a brutal experience that left deep scars on those who survived.

When I first met Keang Pao in Sydney she was barely an adult but she had witnessed unspeakable cruelty in a child labour camp, including the sadistic execution of her 13-year-old friend.

(Extract from Four Corners, 1987)
KEANG PAO: After that the soldier they take a knife and that the point of the gun, I don't know the knife, they cut her stomach form this part to this part (indicates to her stomach) and they took two finger in here and then like tear the clothes you know to her stomach out.

So all the thing in the her stomach just dropped down and all the blood but she still alive at that time, and they cut the tie at her hand, just let her walk around, just walk forward and backward, forward and backward about seven or eight minute.
(End of excerpt)

KEANG PAO: Think back then I was 11 years old in that regime it's very, very bad. I never forget it. But now, think back of that 29 years, 30 years ago, I can't imagine that I'm here today. I might think that I dies in that time already.

MARIAN WILKINSON: But you have survived.

KEANG PAO: Yeah, I have survived.

MARIAN WILKINSON: Today Keang Pao's life as a refugee in Australia is tough. She is trying to hold together her family in the face of huge financial stress. She frets over her four children and is obsessed with getting them educated.

KEANG PAO: I got four children, three girl and one boy (crying). My oldest one, her name Nicole, 16 years old. Now she living with my ex-husband, with her dad, and my second one her name Jennifer, 13 years old. She living with me. With my second marriage, I have first daughter, her name Roxanne, five years old, she's going to kindergarten this year. And the last one a boy, Justin, two and a half years old.

MARIAN WILKINSON: Keang Pao lost her chance for an education when Pol Pot shut down the schools in Cambodia.

(Extract from Four Corners, 1987)
MARIAN WILKINSON: This film, shot by a Yugoslav television crew, is one of the few records left of life under Pol Pot. Within a year of the takeover, the Khmer Rouge began transforming Kampuchea into a vast rural work camp.

To maximise the labour force, families were split up and the young organised into mobile working units. In winter, they worked on huge dam sites and canal projects, in harvest time, in the rice fields.

Keang was just 11 but she was sent to a child centre. It was, in reality, a child labour camp.

KEANG PAO: All of the children, they couldn't go into school, they had to go into work every day. So, even me and the children, the other children they ask for about, for school, they say if you want to go into school, you want to get any lesson, any lesson, that's when you're going to work, it's your lesson, it's your school. If they don't teach you how to grow a plant, how can you grow it?

MARIAN WILKINSON: For Keang and the other children, work started at three in the morning and ended late at night.

KEANG PAO: Sometime I feel very sorry and cry and miss them, so I ask the captain of the children, I said would you mind that you give me one night permission to go to visit my parent? They say, no you can't, because even you going to visit your parent, it for nothing to, because your parent still alive, if not, your parent is dead. That's what they said.
(End of excerpt)

MARIAN WILKINSON: But Keang's children find it hard to understand the fear of hardship she brought with her from Cambodia.

KEANG PAO: They just yes, mum. Them is them, me is me. I am Australian. I say I know you're Australian but don't forget your blood not the real Australian. I know you're born here, you're Australian, but you are still have Cambodian blood in there. You should learn and you should compare yourself to other children to the children there. I don't care.

MARIAN WILKINSON: As a community liaison officer with Cabramatta police, Phiny Ung believes for many Cambodian refugees, raising children is particularly fraught.

(To Phiny Ung)What do you think has been the hardest thing for them to deal with in Australia?

PHINY UNG: Parenting. Everybody think that they want the best for their family - for themself, for their children, but what is that best? How can you define best? And that's how when we go into different definition of best, like referring to happiness, some people think that I want security with material, with home, with- but you don't have time with the family and the children turn into something that they don't really expect it for and that's when the conflict start.

MARIAN WILKINSON: An Veng's burden is tragically different. He lost three of his children during Pol Pot's reign. Only his wife and one son survived those terrible years.

AN VENG (Subtitles): Three, yes, three of them. I could not find them. They are all dead. It is not just my three children. The whole group of 5,000 youths in the mobile unit from our villages and surroundings all gone.

MARIAN WILKINSON: An Veng has found peace in his twilight years in Australia. As a young man in Cambodia he chased war and conflict.

Before Pol Pot's takeover, he was a fixer for Australian newsman Neil Davis in the capital Phnom Penh when the civil war was raging.

When we first met him in 1987 he was still deeply traumatised.

(Extract from Four Corners, 1987)
MARIAN WILKINSON: An Veng is now a refugee in Sydney. Working for Davis on the frontline of the war, he was in a unique position to watch Pol Pot's coming to power.

This rocket attack outside a primary school in Phnom Penh was one of the last reports with Neil Davis.

AN VENG (Subtitles): It was an horrendous scene. The children had just started their classes when they were blown to bloody pieces. As I counted, 18 children were taken away. All the children and teachers were wounded and covered in blood.

MARIAN WILKINSON: In April 1975, Neil Davis escaped Cambodia with the Americans as Pol Pot's forces took over Phnom Penh. An Veng refused to go without his family and was left to face the horrors of the new regime.

An Veng's three eldest children were taken from him to work in the Khmer Rouge youth camp. The day they were taken was the beginning of a nightmare.

AN VENG (Subtitles): I didn't see them leave that day but I had told them that if they were taken by the Khmer Rouge to try and come back. It never occurred to them they would be executed en masse by their own countrymen. So they went with the others.

Later we heard that all the young people in the Youth Group had been clubbed to death. The wet season came. The children didn't return. That was the end of them. No-one in the village dared say anything.
(End of excerpt)

MARIAN WILKINSON: Today An Veng has found some measure of peace but it does not mean he will ever forget his children who perished.

AN VENG (Subtitles): My son, the eldest one, he would be 56 now, he was born in 1955. And then my second son he was born in the year of the chicken. My daughter was named Chrouk. At that time she was 15 or 16 years old.

RAMY VAR: This noodle, yeah, takes three minutes, basically just three minutes at the most.

YANY VAR: I like it soft when it's with the sauce.

RAMY'S HUSBAND: Yeah because you don't have teeth.

RAMY'S DAUGHTER: You don't have teeth!

CAMERMAN: Do you want to say that again for us (laughter)?

YANY VAR: Twenty-four years ago we might not have said these things but we do now. We have lost a few things.

MARIAN WILKINSON: Ramy Var has also come a long way but she still lives with the grief she felt when she first arrived Australia.

RAMY VAR: I didn't remember having inform or offered any trauma counselling or services to me or to anybody that I've known, didn't manage to think much about the trauma, it was just about survival.

It's a miracle that managed to escape and escape to the refugees' camp and was accepted to come to Australia. And here I am in the country that's full of freedom and opportunity. Why should I be sitting here and feel sorry for myself?

Your father, my father told me education is important, education is the treasure. Why don't I reach for it? So I did my course, worked during the day, studied at night, being connect- volunteering myself to do some work for the communities.

MARIAN WILKINSON: But others, like Keang Pao, are facing new crises brought on by financial stress. And with that, the memories of the brutal Pol Pot years come flooding back.

KEANG PAO: Yeah, I think about the Pol Pot times. That's why I said I have to stand up to fight what is happened now, about financial. I said in Pol Pot, no food, no money, no hospital, no school, no medicine. I still survive. By this time, I'm... I have to let it go like that. I have to stand up to live and I know Australia's very good country. The Government won't let us live like Pol Pot.

MARIAN WILKINSON: The traumas of childhood under Pol Pot are deeply embedded in Keang Pao, just as they were back in 1987 when she described the brutal methods of the Khmer Rouge camp guards who killed her friend.

(Extract from Four Corners, 1987)
KEANG PAO: So they tie her hand at the back, stand in the middle, in the centre so the children just sit around her...

MARIAN WILKINSON: Keang then watched as the guards led the children, as young as five, in a chant to "kill" or "keep" her friend.

KEANG PAO: They say "keep" or "kill" and the children say "keep", and they ask again "keep" or "kill". The children in the front they say "keep". So they ask "kill" or "keep", the children say "kill" because they only catch up with the beginning word...

MARIAN WILKINSON: The guards then manipulated the chant to "kill" not "keep".

KEANG PAO: So they keep asking "kill" or "keep", "kill" or "keep", so the children they'll say "kill".
(End of excerpt)

MARIAN WILKINSON: You saw some terrible things.

KEANG PAO: Yeah.

MARIAN WILKINSON: Did you ever get any counselling or medical help for those for what you went through?

KEANG PAO: No, never but because of time make me heal you know, take time to heal what is happened in the Pol Pot regime, that what I saw, what they did to my friend, and what's happened to my brother. But last time I did not tell you one of my brother they bury him alive, while he's around eight years old. He had malaria. He sick. They bury him alive.

MARIAN WILKINSON: Keang worked in Australia for two decades, sometimes at two jobs. But divorce and re-marriage left her struggling financially. Four years ago she made the fateful decision to put up her house as security to buy a lease on a take away food business.

KEANG PAO: I use my house as a mortgage to borrow the money, $150,000 to buy the business (crying). And the business for three and a half years, the lease is finished. The landlord is Woolworths, they don't give me the lease because got one of the Thai restaurant they offer more rent.

Yeah, I'm looking for work. It doesn't matter, any job (crying). One thing I can do it, as long as I have income for my family living and pay off the debt, $150,000.

MARIAN WILKINSON: Phiny and Bun are comforted by the success of their children but they have also recently lost a small business and their family home.

Bun is a gifted artist and when we first met him he was working as an animator. When Bun's animation studio went off shore, he and Phiny ran a successful restaurant. But as the family grew, it was too much. Bun decided to take a risk on a new venture.

UNG BUN HEANG: I had to do something you know for living so I decide to run a small business, a hardware store, but unfortunately after two years, three years my business fail so unfortunately the bank took my house because we put the house for the equity loan.

But you know, I feel sorry for my family but later on you know I feel you know, compared to the other Khmer family in Cambodia I still much better than them you know. Every day even I didn't have much money but I still have a lot of food put on the table for my children and that's made me happy. Every day to me is a bonus day.

MARIAN WILKINSON: Phiny kept her job as a community worker but she was flattened when she had to tell her eldest daughter that their family home had been taken by the bank.

PHINY UNG: I told her when the first trip, when she returned home to visit us after a year and a half and I told her that we, I just want you to look at that one, it's the last- because we worked together very hard to build that dream home. And yeah, she saw that before she went back and it's happened, so we accept it.

RAMY VAR: As you know, we were uprooted, we lost everything, we don't have a home anymore. We didn't, we didn't have anything basically. Many of us who came here as refugees lost everything, came with very few possessions.

So many of us as soon as we could save a small amount of money we would actually put a deposit, would find someone to sponsor us to get a deposit to buy a home. And having a home is having... feeling belong, having a family, having the country that we no longer had.

MARIAN WILKINSON: Having started in Australia as a machinist in a sewing factory, Ramy is now working in mental health, training those who support the carers and families of the mentally ill.

RAMY VAR: It's a really, really fulfilling and rewarding job for me to be had. I have been supported by so many people along the way after I have lost my parents. And my journey too, my journey from there until now has always been that those who helped me, now that I'm able, I need to help others as well who are less fortunate than me.

MARIAN WILKINSON: An Veng is retired these days after a long stint as a forklift driver in Sydney. When he fled Cambodia he still had hopes of returning to the news business.

But his old boss, Neil Davis had been killed in action just as An Veng arrived in the Thai refugee camp. He was finally brought to Sydney by an old friend of Davis. It was a journey that triggered sad memories.

(Extract from Four Corners, 1987)
AUSTRALIAN NEWSREADER: Sydney television producer Gary Burns had to do the job that Neil Davis could not - welcome Veng and his family to Australia.

AN VENG (Subtitles): We are very close with Neil Davis. I thought we could meet Neil but he is not living. We are so very disappointed (crying).

AUSTRALIAN NEWSREADER: Veng hopes to find work in Australia as a soundman with a television network so that he can go on doing what his mate Neil Davis died for - television news.
(End of excerpt)

MARIAN WILKINSON: An Veng has no regrets today about not landing that television job. Like many of his fellow Cambodians he is amazingly grateful for being accepted into Australia as a refugee.

AN VENG (Subtitles): This country is like a paradise. There is everything. There are plenty of foods, every type.

Vietnamese now call Cabramatta, Saigon, the new Saigon (laughs). There is no racism here now. We are getting along very well.

MARIAN WILKINSON: I wanted to know what your hope for your granddaughter was.

AN VENG (Subtitles): I hope that she will finish her higher education and get a good job. If so, it would fulfil my dreams.

KEANG PAO: For me, I don't go back to Cambodia. For visiting, holiday, yes, but not go back. I love Australia. I want to live here and I hope God will show me the way, you know. God won't leave me like this forever (crying). Today and tomorrow is different, so I always hope one day I will got a good job, have a better life than this.

RAMY VAR: Coming here, being accepted, being given refugees protection, it's meant a lot to me, and I'm sure it meant a lot to those refugees who seek asylum here as well.

UNG BUN HEANG: The best thing that I love this country is the freedom. Everyone equal. Doesn't matter you are prime minister or you are citizen.

And especially I love the way they have a politic, you know the politician in this country honestly, I admire and respect them. Even they fight each other in the Parliament House, when they come out when they come out they have a beer together, unlike in Cambodia, when they fight they come out, they kill each other with a gun you know. It's different.

MARIAN WILKINSON: For those who did not live through Pol Pot's crazed regime, it's impossible to imagine 2 million people forced at gunpoint from Phnom Penh and marched into the countryside. Or four years of murderous dictatorship and the starvation that followed. For the families we spoke to who escaped this hell, today's divisive debate over refugees is disturbing. The political arguments, they think, ignore the reality on the ground.

PHINY UNG: To survive, to escape atrocity, persecution, human right abuse - that all we know, and the important is to look for freedom, freedom that we lost. We been taken away by force and the respect us human being. So it is very important for the genuine cases and I really see the way that issue been put into politic. It's really sad. It's really hard when become the game of politic because it's a matter of human beings suffering and we should not play over it.

RAMY VAR: I felt tormented hearing the debate. My heart feel really broken and shattered, because I know that those who are seeking protection are still being in a land, or in a place where they are very much in danger of being extorted, being demanded for ransom.

Someone could dob them into the authority because I went through that, even when I already got inside the refugees' camp. I had to find a protection, I had to find someone to help me to get registered with the United Nation in order to have food ration, to feel legally refugees. And for those people who run away, who escape from their own home country to another country to seek asylum, in order to seek asylum, they're still waiting.

UNG BUN HEANG: I think the refugees should allow to live if they are genuine refugee they should allow to live in this society. You know look back, you know we were refugee too. We came here, we worked so hard and we contribute everything what we have.

And right now I can - I don't want to say anyone else but my family - I have four kids, beautiful kids, good citizen, and I can guarantee they're going to be a good taxpayer for this country.

MARIAN WILKINSON: Like many refugees the Ung family still gives thanks to the nation that gave them a safe haven.

Three decades on, it is difficult to fear or demonised these refugees who have become an integral part of today's Australia, and whose children and grandchildren are helping determine its tomorrow.

KERRY O'BRIEN: Coincidentally for senior leaders of the Khmer Rouge, now in their 80s, face their first day of a UN supported war crimes tribunal in Cambodia on charges relating to the genocide of more than 30 years ago.

One point seven million people died in the Killing Fields; so far only one person - the head of a notorious prison from that time - has been tried and found guilty.

[END OF TRANSCRIPT]

Border troops reinforced - Prayuth warns clashes becoming more likely

Posted: 27 Jun 2011 05:02 PM PDT

28/06/2011
Bangkok Post

Troop build-ups on both sides of the Thai-Cambodian border have heightened fears of clashes following Thailand's withdrawal from Unesco's World Heritage Convention.

Army chief Prayuth Chan-ocha said he had ordered troops stationed along the border to be prepared as the chance of clashes was high.

His comments came after the Second Army reported Cambodia was bringing in more troops to the border yesterday.

Gen Prayuth said he had decided to boost Thailand's troops and reinforce bunkers as a precaution. The moves were purely defensive and not intended to indicate military aggression.


The army chief stressed troops were duty-bound to protect the country's sovereignty.

''If Thailand's sovereignty is violated, soldiers can use their weapons straight away,'' Gen Prayuth said.

The army chief said Prime Minister Abhisit Vejjajiva had also ordered the army to be on full alert along the maritime border with Cambodia off Chanthaburi and Trat.

Gen Prayuth said Thai and Cambodian soldiers have been in contact on a regular basis since the last border clashes.

''Admittedly there is some distrust between the two sides. Troops from both sides are positioned close to each other. Chances of military clashes are high,'' Gen Prayuth said.

Following Thailand's withdrawal, it was necessary for the senior military leaders of the two countries to discuss what steps should be taken to avoid a military conflict, he said.

''Don't be frightened, because I believe no one wants to fight and that holding talks is the solution to the problem,'' Gen Prayuth said.

The army chief yesterday met Natural Resources and Environment Minister Suwit Khunkitti by chance at Suvarnabhumi airport and praised him for making the right decision to withdraw Thailand's membership of the World Heritage Convention.

Gen Prayuth was leaving for South Korea just as Mr Suwit was returning from Paris.

The decision to withdraw was made by Mr Suwit, who led the Thai delegation to the World Heritage Committee meeting in Paris on Saturday.

Army spokesman Sansern Kaewkamnerd yesterday said Thai military representatives had met for talks with their Cambodian counterparts.

Thai soldiers proposed that the two sides pull their troops away from the disputed border area near Preah Vihear temple to ease tensions.

But the Cambodians rejected the proposal and troops on both sides remained on alert, Col Sansern said.

Col Prawit Hukaew, spokesman for the 2nd Army, yesterday said Cambodia had brought in more troops, more weapons and reinforced their military bases along the border.

Col Prawit said the 2nd Army was closely monitoring the movements of Cambodian soldiers and was ready to respond if the Cambodian military started anything.

He said the 2nd Army believed Mr Suwit's decision to withdraw from the WHC was intended to protect the national interest and the country's sovereignty.

Col Prawit said relations between Thai and Cambodian soldiers in the border areas remained healthy. Unit commanders in the area have been in regular contact.

However, Col Prawit said that any decision by Cambodian Prime Minister Hun Sen will be a decisive factor in the border situation.

Prime Minister Abhisit yesterday said the cabinet would today discuss the legal implications of Thailand's decision to withdraw from the World Heritage Convention.

Mr Abhisit said government agencies would be instructed to study and report on the legal implications for Thailand and steps which needed to be taken by the next government after Sunday's election.

He also said the withdrawal would have no effect on negotiations to resolve border disputes between Thailand and Cambodia.

Thailand would still adhere to the memorandum of understanding signed in 2000 in further negotiations with Cambodia, Mr Abhisit said.

Dialogue is a main mechanism to address border conflicts and must proceed, Mr Abhisit said, adding that Thai land had the right to reapply for membership at a later date.

The People's Alliance for Democracy, meanwhile, has said it will call off its anti-government demonstration planned for Friday.

''We have now won our demand for Thailand's withdrawal from the World Heritage Convention, although we have yet to achieve our ultimate goal in clearing all Cambodian people from Thai territory,'' spokesman Parnthep Pourpongpan said.

He urged the government to formally inform the International Court of Justice that Thailand will not accept its ruling concerning Cambodia's call for it to interpret its previous verdict on the Preah Vihear temple.

''Without doing so, the government may not be able to protect the country's territory,'' he said.

Unesco director-general Irina Bokova has expressed regret over Thailand's decision to withdraw from the World Heritage Convention.

She hoped Thailand would reconsider its decision.

Meanwhile, tensions were also rising near Ta Kwai temple in Surin's Phanom Dong Rak district following Thailand's withdrawal.

A military source said on the Cambodian side at least 300 Cambodian soldiers had built bunkers and artillery guns were deployed opposite Ban Thai Niyom Pattana on the Thai side.

Sacrava's Political Cartoon: Khmer Rouge Show

Posted: 27 Jun 2011 04:49 PM PDT

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

The Economist Behind the Khmer Rouge

Posted: 27 Jun 2011 04:01 PM PDT

Khieu Samphan, second from left, meeting other Khmer Rouge leaders in the 1970s. (Indochina Chronicle)

June 27, 2011, 1:49 pm
By ROBERT MACKEY
The New York Times

As my colleague Seth Mydans reports from Phnom Penh, four senior members of the Khmer Rouge appeared before a war-crimes tribunal in the Cambodian capital on Monday, charged with responsibility for policies that caused the death of as much as one-fourth of the population in the late 1970s.

One of those former leaders is Khieu Samphan, a 79-year-old economist with a doctorate from the Sorbonne, who was Cambodia's nominal head of state when the Khmer Rouge implemented its plan to radically transform the country's society and economy.

Since he was one of the chief architects of the Khmer Rouge project, some observers have argued that Khieu Samphan's 1959 doctoral dissertation, "Cambodia's Economy and Industrial Development," foreshadowed the radical agrarian nightmare to come.

Part of the dissertation was published, in English, by an academic journal in Berkeley in 1976. According to that translation, more than a decade before office workers were driven from Phnom Penh at gunpoint to perform forced agricultural labor in the countryside, the young economist in Paris argued that the kind of work done in Cambodia's cities by bureaucrats, merchants and bankers was "unproductive."


In his analysis of Cambodia's economic structure, Khieu Samphan wrote:
these branches of activity add no value to the society from the perspective of the economy as a whole. They simply profit from a transfer of value issuing from other productive activities within society (agriculture, crafts, small industry). And the transfer of produce within society does not enlarge the total value of production obtained by society in any way. The distinction made by the Scottish economist Adam Smith between productive and unproductive work deserves to be carefully considered here.

This is far from saying, for example, that a civil servant or a soldier would be useless to society. However, the greater the reduction in numbers of individuals concerned with general social organization, the greater the number who can contribute to production and the faster the enrichment of the nation.
While the distinction between productive and unproductive labor in Khieu Samphan's dissertation was not original — it came from Adam Smith and was the subject of a famous critique by Karl Marx — the dry language of that part of the dissertation is somewhat chilling to read in retrospect, knowing that so many Cambodians were subsequently worked to death in the fields.

As Sophal Ear, an expert on post-conflict reconstruction, explained in a study of Cambodia's economy, after the Khmer Rouge took power in 1975:
The economy underwent massive restructuring; all money was virtually banned and banks were closed. Markets were all but destroyed. All who had lived in the cities were now to work in the countryside…. The leaders of the Khmer Rouge movement, Saloth Sar (better known to the world by his nom de guerre Pol Pot) and Sorbonne-educated economist Khieu Samphan, to name but two, sought to recast Cambodia anew…. The Khmer Rouge's goal was simple: the rustication of an economy.
According to Charles Twining, the author of a chapter on the economy in "Cambodia 1975-1978," two months before the fall of Phnom Penh in 1975, a Khmer Rouge party congress, "reportedly presided over by Khieu Samphan, is generally thought to have made the decision to evacuate cities and abolish all currency after the takeover. The fact that the cities were all emptied within several days of the fall, with the people knowingly directed to spots in the countryside where they camped at least temporarily, does not give the impression of a sudden, knee jerk action. This had all been organized before hand."

Khieu Samphan Thesis in English - Underdevelopment in Cambodia

Posted: 27 Jun 2011 03:51 PM PDT

Khieu Samphan Thesis in English - Underdevelopment in Cambodia
http://www.scribd.com/fullscreen/58848891?access_key=key-i4emly9kkwuypwsskz2

Khmer Rouge Leader Leaves Court, in Sign of Legal Wrangling to Come

Posted: 27 Jun 2011 03:09 PM PDT

Nuon Chea, in sunglasses, and the three other surviving leaders of Cambodia's Khmer Rouge appeared in court in Phnom Penh on Monday. (Mark Peters/Courts of Cambodia, via Reuters)

June 27, 2011
By SETH MYDANS
The New York Times

PHNOM PENH, Cambodia — From behind the lawyers, a hand went up, calling for attention as the trial of the four surviving leaders of the Khmer Rouge got under way Monday on charges of genocide, war crimes and crimes against humanity committed more than three decades ago.

It was Nuon Chea, 84, one of the defendants, bundled against the air-conditioning in a striped knit cap and sheltering himself from the bright lights with a pair of large dark glasses.

"I am not happy with this hearing," said Mr. Nuon Chea, who is described as the Khmer Rouge's chief ideologue. Then he rose from his seat and walked unsteadily from the courtroom with the help of three security guards.

As the chief judge noted, the holding cells adjacent to the court have video links and telephone lines, and the defendants are free to choose to participate by video link.


It was just the start of legal maneuvering in a case that is the centerpiece of a United Nations-backed tribunal that has lasted five years, cost more than $100 million and is intended finally to lay the past to rest. All four defendants have denied the charges.

Many in Cambodia hope that the public trial will clarify for history the actions of the Khmer Rouge, who caused the deaths of 1.7 million people — nearly a fourth of the population — from 1975 to 1979.

But Mr. Nuon Chea's objection, as explained by his lawyers, pointed toward a separate version of history in which the Khmer Rouge were national liberators, guarding against Vietnamese incursions and motivated by heavy American bombing in a secret campaign during the Vietnam War.

The trial is confined to the years of Khmer Rouge rule, with minimal reference to historical context, and the defense lawyers' demands to broaden testimony appeared to be a foretaste of vigorous legal wrangling in a case that is expected to last for years. The lawyers said Mr. Nuon Chea would return only if his demands were met.

"I am afraid that they will not answer honestly," said Thon Bien, 55, a farmer who attended the court session and said the defendants looked confident and unrepentant. "If they do not answer honestly, I will not be satisfied."

Another defendant, Khieu Samphan, 79, the former head of state, has written a book in which he states that he was unaware of the killings, and he has said he will give the court his own version of history.

Ieng Sary, 85, the former foreign minister on trial, is claiming double jeopardy after being convicted in a show trial in 1979 soon after the Vietnamese Army drove the Khmer Rouge from power. He received a royal pardon in exchange for his surrender in 1996, and the nature of the pardon is likely to be an issue in the trial.

His wife, Ieng Thirith, 79, who was minister of social affairs and is now the fourth defendant, angrily professed her innocence in a pretrial hearing and blamed Mr. Nuon Chea for the killings.

The prosecution claims that the four leaders are guilty of a "joint criminal enterprise" in which their leadership made them culpable, whether or not they participated directly in the crimes.

"The whole argument of this case is that there was a very clear system of communication running back and forth from the bottom to the top," much of it involving telegrams that are in evidence, said Alex Hinton, executive director of the Center for the Study of Genocide, Conflict Resolution and Human Rights at Rutgers University.

Mr. Nuon Chea had direct communication with Tuol Sleng prison, where at least 14,000 people were sent to their deaths, said Mr. Hinton, who has been following the case closely. Mr. Ieng Sary was in the chain of communication at the Foreign Ministry, and Ms. Ieng Thirith spent time in the countryside where she could not have missed the abuses. The case against Mr. Khieu Samphan is the most uncertain, Mr. Hinton said, because fewer documents exist tying him to the crimes.

The evidence will be more complex and tenuous than the evidence against Kaing Guek Eav, known as Duch, the commandant of Tuol Sleng, who was confronted by a host of witnesses and by his own meticulous records of torture and killing. He was convicted last July and sentenced to 35 years, reduced to 19 years.

With Prime Minister Hun Sen's objection to holding further trials beyond the current one, Duch and the four defendants now on trial may be the only members of the Khmer Rouge brought to court for the deaths by execution, torture, starvation and overwork in the movement's attempt to create a radical Communist utopia. The top Khmer Rouge leader, Pol Pot, died in 1998 before he could be brought to trial.

In Khmer Rouge Tribunal, a Feud Over Additional Trials

Posted: 27 Jun 2011 03:02 PM PDT

http://www.youtube.com/watch?v=ZA4HQKoaJhE&feature=player_embedded

Cambodians' angst bound in warcrimes trial

Posted: 27 Jun 2011 02:59 PM PDT

http://www.youtube.com/watch?v=zNBRWQOF02I

Brain Food for Lok Ly Diep by Proh Sra'Em

Posted: 27 Jun 2011 02:25 PM PDT

From Proh Sra'Em

Brain Food  for  Ly Diep

"Even a fool is considered a wise man, if he remains silent."

                                                                          King SOLOMON

[ If Ly Diep knows how to keep his mouth shut...]

Hun Xen's Toy Gang: Khmer Guardian

Posted: 27 Jun 2011 12:56 PM PDT

Khmer Guardian: Hun Sen's Toy Gang
http://www.scribd.com/fullscreen/58836403?access_key=key-s0tlodq8wzzqf532zje

Preah Vihear: From Conflict to Development

Posted: 27 Jun 2011 12:40 PM PDT

Poorly equipped Cambodian soldiers along the border?
Monday, June 27, 2011
Op-Ed by MP

The news that the Thai delegation had decided to walk out on the World Heritage Convention in protest against the latter's decision to advance Cambodia's management plan for consideration does not come as a shock to any informed observers. All the signals from the Thai camp leading to this announcement last Saturday night in Paris appeared to convey an air of optimism that the UN body would cave in to Thailand's obstructive pressure and lobby to derail Cambodia's management proposal. The signals, misleading as they usually are, had been communicated with the Thai public in mind. Having manufactured or resurrected the row that had been put to bed since 1962, the challenge for this Thai administration has been how to 'sell' this unwholesome piece of its business and its largely incoherent strategy over this venture to an increasingly uneasy, sceptical Thai public in this critical period leading up to the forthcoming general election.

Politicians and diplomats the world over are not normally held in high esteem by their educated, thoughtful public. With the exception of an honourable few, this breed of men are a species of their own. However, at least on the issue of Preah Vihear, it is nevertheless, possible to surmise with a high level of confidence which camp has been telling the truth and which has been telling lies.


So we ask: what makes Bangkok different from Phnom Penh on this conflict? Well, not a great deal in most respects. Thailand may be the second largest economy in the region or enjoys a higher GDP as compared to many of its neighbours' economic status, but its democratic credentials are largely open to question. Even the decision to end Thai participation at the UNESCO convention last Saturday evening is being questioned by some quarters in Thailand for having been made without parliamentary consultation or seal of approval. What really distinguishes between the two camps is the legal basis governing the actual case itself which is final and not amenable to interpretation. The Thais may argue that the ICJ has no right to adjudicate disputed boundary line between two countries, yet that is precisely what the Court did in 1962 when it declared that the Temple stood within Cambodian sovereignty, and that the boundary line in the immediate area (proximate to the Temple grounds) as drawn up by French geographers and subsequently accepted by Thailand's central authorities over a period of several years (implying compliance or agreement) is to be upheld by the Court in place and irrespective of any reference to the watershed line raised by the Thai camp at the time.

So whereas Bangkok has this insurmountable legal mountain to climb (they have always been confident their expensively assembled legal team is capable of reducing a mountain to a hill and vice versa!) Phnom Penh has a simpler, defensive task to perform. The latter has no need to distort facts; to tell lies before their own people or to mislead the rest of the world. Nor will it be in their interest to do so. Why deceive anyone when the merit of the case is overwhelmingly in your favour?

While it may be premature to make assumptions about the likely outcomes of this case (being lodged with both UNESCO and the ICJ) it would be a perversion of truth and a travesty of justice if any of Bangkok's demands is accommodated. Since the day the Temple became inscribed as a world heritage site, Bangkok has done everything possible to sow doubt into the minds of interested third parties as regards the management plan's merit or even the very act of having this temple listed in this manner; an arrangement that does not foresee future Thai participation or involvement in any shape or form. This, it points out, is a sacrilegious violation of its own peculiar notion of sovereignty. Never mind that a previous Thai government approved of the inscription application proposal. Like a child in a sweet shop being dragged away from what it desires, this Thai government is opting to give vent to its childish instinct and frustration by throwing a tantrum and making as much a scene as it possibly can. If the child has no sense of shame or embarrassment, he/she certainly has nothing to lose!

Even some of the Phnom Penh regime's severest critics would acknowledge its patient handling of the Temple issue in contrast to the corresponding aggressive behaviour of its Thai counterpart. This patience as such has partly been born of Cambodia's inability to leverage the crisis initiated by Thailand, or more precisely by her military muscle and aggression. Since the integration of what was left of KR and other opposing armed Cambodian factions into the unified national military command, the general trend and expectation among Cambodian policy-makers had been to scale down the size of the country's armed forces in order to reduce the costs of military expenses, and divert much needed resources into other fields. Unfortunately, this plan has since 2008 been turned on its head by the Preah Vihear crisis: the Thais appeared to have other ideas. The conflict itself, provided it remains localised and non-internationalised, would provide Thai political factions with a useful distraction and a sideshow, but for the Cambodian regime it is much more of a burden and potential slippery slope to political oblivion. This is why it would be unfair to suggest it had helped to initiate this situation.

The failure to equip Cambodia's military to meet external threats of this kind until Thai troops had advanced across large patches of Cambodian territory would appear to indicate that the Cambodian regime had neglected one of its central obligations: i.e. national security vis a vis neighbouring states. The importance that a modern progressive state attaches to the internal affairs or domestic situation of another state is of vital long term strategic relevance and significance. Beside reports prepared by country embassies and other governmental agencies, a whole variety of sources of advance intelligence of this sort can also be extracted from within civil society, academia, historians, anthropologists, reporters, mass media etc. By failing to heed their warnings or restricting their right to freedom of expression in fear of their expanding 'interference' in politics and perceived governmental spheres, a regime or state is electing to put itself in a position of grave disadvantage and isolation.

Post-conflict Preah Vihear:

When will such a time be, I know not! However, once the legal wrangling has been put an end to, it is time for the Cambodian government to:
  1. Demarcate the boundary within the Temple areas with tall barbed wire fences to prevent unwanted incidents from taking place such as armed clashes due to troops straying into each other's territory, or any other unauthorised entries into the bespoken locations;
  2. Build a small museum dedicated to the Temple and have a replica of the Temple in its peak condition erected to provide visitors with a glimpse of its original magnificence and stature. There should, of course, be a brief but factual chronology of the Temple's history, beginning with its inception in the year its construction was started, dates of its completion and any subsequent restoration works done under various Khmer kings. Periods of its occupation by Siamese and Thai authorities should also be included in the chronology, including the settlement at the ICJ, and the current recurrence of the conflict with Thailand since 2008.
  3. Screen entry from the Thai side of the border to the Temple site. Local Thai citizens as well as other Thais of Khmer descend should be granted free access to the Temple complex, both for tourism purposes as well as for business related activities. The rest of Thai citizens should be charged a nominal entrance fee for visiting the Temple from either side of the border. Other international tourists and visitors should be charged a higher entrance fee (but not too high!). Income derived from the gate receipt should be ploughed back towards meeting the Temple's conservation costs.
  4. The benefit of giving free access to local Thai citizens is two-fold: a) to help foster economic activities and momentum in the area by not restricting cross-border access to locals and traders whose well-being and livelihood will have a corresponding economic effect on the other side of the border where trade is inextricable linked and co-dependent; b) Cambodia will stand to gain valuable support from local population who see no sense in supporting ultra-nationalistic activities as witnessed by recent PAD activists' violent protests in Sisaket in recent years and by the opposition of local residents to these actions who feared the inevitable damaging consequences upon their trade and livelihood. The small nominal entrance fee for other Thai citizens will be a gesture of goodwill towards the Thai people in general who may have a certain emotional attachment towards the site which came into being when their ancestors were still subjects of the Khmer Empire. They will also have an opportunity to explore the museum and learn about their actual national origins; about successive Thai governments' attempt to illegally seize the Temple or the surrounding areas under the banner of national sovereignty.
  5. The theme of the Museum should centre upon education and universal values that inspire a common bond and a sentiment of shared history and culture rather than accentuated national vanity.
  6. Persuade the Chinese government or Chinese companies to invest in the region's tourism infrastructure such as accommodation and transport systems. This will discourage future Thai military from taking reckless actions against the Temple and its surrounding locations.
It is time to pave the way for lasting peace for both nations and for their future generations to co-exist in mutual harmony and prosperity.

Thank you.

Trial of alleged senior leaders provides ECCC with opportunity for positive judicial legacy

Posted: 27 Jun 2011 12:28 PM PDT

Media Comment – Phnom Penh, 27 June

Trial of alleged senior leaders provides ECCC with opportunity for positive judicial legacy

As the first hearing in the trial of Nuon Chea, Ieng Sary, Khieu Samphan and Ieng Thirith comes to end, the Cambodian Center for Human Rights (CCHR) would like to take this opportunity to call on the judges of the trial chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) to ensure that this case provides a positive example to judges of the domestic courts in terms of procedure and fair trial rights.

Concerns as to political interference and corruption continue to undermine the ECCC. Nevertheless, the proceedings throughout the first trial conducted at the tribunal – that of Kaing Guek Eav – were widely regarded by commentators as a positive example for the national judiciary. It is hoped that this example is replicated throughout the proceedings in Case 002 – a much more complicated case, involving as it does numerous accused and a complex set of alleged crimes. For example when the judges of the trial chamber come to consider witness lists this week, it is essential that they do so independently of any political pressure.

Commenting on Case 002's potential to offer a positive legacy example to the judges of the national courts, CCHR President Ou Virak commented:

"While the first day of trial was certainly an opportunity for us all to consider what we lost during the Khmer Rouge years, it is important that we now cast a critical eye over the proceedings throughout the trial. The court's reputation has taken a number hits as a result of its failure to address questions of corruption and political interference. The trial however offers the judges of the trial chamber the chance to provide the judges of the domestic courts with a positive example in terms of procedure and fair trial rights. This week when the judges consider the list of witnesses that will appear before them throughout the trial I hope that they make their considerations free from any political considerations or demands. If there are people in positions of political power who hold information that is relevant to this case, it is of utmost importance that they are summonsed to testify. A failure on the part of the judges to ensure the participation of such figures will undermine the integrity of the trial as well as the legitimacy of the justice the tribunal seeks to dispense."

For more information contact:
Ou Virak, CCHR President
Telephone: +855 12 40 40 51

Please find this media comment attached in PDF. A Khmer version will follow shortly.

Thanks and 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.


ICC's arrest warrant against Gadhafi: A warning to authoritarians in Cambodia for their alleged crimes against humanity

Posted: 27 Jun 2011 12:22 PM PDT


International Criminal Court issues arrest warrant for Gadhafi

June 27, 2011
By the CNN Wire Staff
STORY HIGHLIGHTS
  • NEW: White House spokesman calls it another sign Gadhafi "has lost his validity."
  • NEW: State Department spokeswoman says Gadhafi must realize "it's time to go"
  • Libya-born U.S. analyst says Gadhafi will now think he should fight until the end
  • The U.N. says hundreds have been killed in the Libyan conflict
(CNN) -- The International Criminal Court issued arrest warrants Monday for Libyan leader Moammar Gadhafi and two of his relatives.

ICC Judge Sanji Mmasenono Monageng read aloud the decision to issue warrants for Gadhafi, his son Saif al-Islam Gadhafi, and his brother-in-law Abdullah al-Sanussi.

Saif Al-Islam Gadhafi is a close adviser to his father. His arrest warrant came two days after his 39th birthday. Al-Sanussi serves as Gadhafi's head of intelligence.

The warrants are "for crimes against humanity," including murder and persecution, "allegedly committed across Libya" from February 15 through "at least" February 28, "through the state apparatus and security forces," the court said in a news release.


In Misrata, a critical city for Libyan rebels in which fighting has raged, a crowd cheered Monday following the news from the court.

The announcement at The Hague came as fighting inside Libya inched closer to the capital. A rebel fighter, Hassan al-Jiwali, told CNN the rebels were 80 kilometers (50 miles) from Tripoli on Monday.

Libya is not a signatory to the Rome Statute that established the international court's authority, and the court does not have the power to enter Libya and arrest the leaders. Many of those cheering in Misrata saw the news as a sign that the world recognizes the conduct that rebels say Gadhafi's regime has been engaged in.

The three-judge Pre-Trial Chamber I at The Hague found "reasonable grounds to believe that the three suspects committed the alleged crimes and that their arrests appear necessary in order to ensure their appearances before the court," the written announcement said. The court also believes the warrants are needed to ensure that the three "do not continue to obstruct and endanger the court's investigations; and to prevent them from using their powers to continue the commission of crimes within the jurisdiction of the court."

The U.N. Security Council referred the matter to the ICC through a resolution February 26, following widespread complaints about Gadhafi's efforts to crush a rebellion. The resolution said that while "states not party to the Rome Statute have no obligations under the statute, the Security Council urged all states and concerned regional and other international organisations to cooperate fully with the court and the prosecutor."

Gadhafi has made clear he would not recognize the court's authority.

Prosecutor Luis Moreno-Ocampo has said he has evidence linking Gadhafi, Saif al-Islam Gadhafi and Abdullah al-Sanussi to crimes against humanity, including "widespread and systematic" attacks on civilians, in their attempt to put down the months-long revolt.

Libyan government spokesman Musa Ibrahim has previously denied the allegations and criticized what he said were incoherent conclusions of the prosecutor's office.

White House spokesman Jay Carney said the warrant for Gadhafi is another indication that the Libyan leader "has lost his validity."

"it's another step in the process of holding him accountable," Carney told reporters.

The United Nations issued a statement Monday about the arrest warrants, noting that "hundreds of people are confirmed to have been killed since opposition forces rose up against the regime of Mr. Gadhafi in February as part of a wider pro-democracy movement across North Africa and the Middle East."

The European Union said it "fully supports" the court and underscores that the court's Libya investigation "is an independent judicial process which must be fully respected."

Not everyone was cheering the news. Michael Rubin, an analyst with the conservative American Enterprise Institute, said the court's move could damage efforts to get Gadhafi to end his 42-year reign, because he would not seek refuge in a country that is a party or signatory to the Rome Statute.

"The ICC's arrest warrant symbolizes the dirty underside of international law," Rubin said. "While the ICC makes itself feel good and diplomats can chatter about their commitment to international law, the fact of the matter is their action takes off the table any possibility that Gadhafi could flee to a retirement haven outside Libya. In effect, the ICC arrest warrant tells Gadhafi to fight to the death."

Most African countries are parties or signatories to the Rome statute. The ICC website lists a total of 47 non-signatories in the world, 13 of them in Africa and the Middle East.

Ali Ahmida, an analyst at the University of New England who was born in Libya, said the ICC decision "complicates" the matter.

"Since last week, things were heating up toward an exit strategy for Gadhafi and his sons, either inside or outside Libya in another African country," Ahmida said. Some rebel leaders in the Transitional National Council said they would consider allowing Gadhafi to stay inside Libya, and both sides were starting to indicate a compromise was possible, Ahmida said.

But now, the regime "may circle the wagons a little more," and Gadhafi will think, "'I'm a hunted criminal and should pursue civil war to the end,'" Ahmida said.

While the ICC decision is justified, Ahmida said, cynics in the region will ask why Gadhafi was selected and not others. "Why not (former Egyptian President Hosni) Mubarak? Why not (former Tunisian President Zine El-Abidine Ben) Ali?" Mubarak and Ali both gave up power following protests in their countries. "The court is selecting some dictators to indict, and being silent about others. That may be the biggest issue for the court," Ahmida said.

When asked about those suggestions, State Department spokeswoman Victoria Nuland said the United States "believes that the decision to refer the case to the ICC was the right decision; that the ICC has spoken now about the need for justice and accountability. With regard to whether this hurts or helps, it doesn't change the fact that Gadhafi's got to take the message that it's time to go."

This is not the first time that the International Criminal Court has issued an arrest warrant for a country's leader in the midst of a conflict. The court issued a warrant for Sudanese President Omar al-Bashir in 2007, while conflict simmered in that country's western Darfur region.

Moreno-Ocampo told CNN shortly after filing his request with the court that he had evidence that revealed Saif al-Islam Gadhafi organized the recruitment of mercenaries to defend the regime and al-Sanussi participated in attacks on demonstrators.

Authorities believe Moammar Gadhafi ordered attacks on unarmed civilians, he told CNN, and al-Sanussi is "his right-hand man, the executioner."

Moreno-Ocampo began investigating claims against Moammar Gadhafi on February 15, when demonstrations against the leader's regime accelerated. Since then, war has erupted in Libya as Gadhafi has tried to keep his grip on power.

The probe took investigators to 11 countries and included the review of 1,200 documents and interviews with about 50 witnesses. A report issued in early May found the alleged crimes against humanity include the alleged commission of rape by supporters of Gadhafi's government, as well as the deportation or forcible transfer of citizens during the civil war in the country.

Moreno-Ocampo has scheduled a news conference Tuesday to discuss the court's decision.

The issue of Libyan casualties led the U.N. Security Council to adopt a resolution in March authorizing force by whatever means necessary, with the exception of a ground invasion, to protect civilians. NATO began bombing military targets a short time later.

A rebel military leader, Hajj Osama al-Jiwali, told CNN on Monday that rebels want "more airstrikes and hits of Gadhafi strategic locations for the wake of time and for the rebuilding of Libya." He called on the United Nations to be "at the forefront" of efforts in Libya.

Al-Jiwali said rebel fighters on Sunday fought "a very fierce battle against the Gadhafi forces in Bi'r al Ghanam, where four rebel fighters died and eight were injured, and more than 30 of the Gadhafi forces have been killed." The battle was still ongoing Monday, but not as fierce, he said.

CNN could not independently confirm the reports.

"The rebel forces are in high sprits and determined to continue to Tripoli to get rid of Gadhafi and his collaborators. They are in high spirits and the victory is closer than ever," al-Jiwali added.

NATO warplanes struck a rocket launcher system mounted on a government truck near the town of Bi'r al Ghanam.

Three explosions could be heard in the Libyan capital late Monday morning.

"They appear closer than those heard in the past few days and week," said CNN producer Raja Razek, who is in Tripoli.

The International Criminal Court action comes a day after the African Union announced Gadhafi will not be part of its next attempt to map out a peace deal in Libya.

It was unclear who would represent the Libyan government in negotiations, or when negotiations would occur. Journalists were not allowed to ask questions at a news conference following Sunday's meeting of the African Union's special committee on Libya in Pretoria, South Africa.

Members of the committee have met with Gadhafi and opposition leaders over the past three months. Another African Union-led attempt to broker peace between Gadhafi and the rebels fell through in April.

The committee repeated calls Sunday for a cease-fire between the Libyan government and rebels.

"Only a political solution will make it possible to sustainably settle the current conflict," the statement said.

It also urged NATO to temporarily suspend its bombing campaign to allow the delivery of humanitarian aid.

CNN's Nkepile Mabuse, Yousuf Basil and Ingrid Formanek contributed to this report.

Thailand Withdraws From World Heritage Convention Over Temple Dispute

Posted: 27 Jun 2011 07:58 AM PDT

Monday, 27 June 2011
Ron Corben, VOA | Bangkok
"I suspect Cambodia will have to come up with a bit of a delay on their part."
Thailand on Sunday withdrew from the World Heritage Convention as Cambodia prepared to present management plans for a 900-year-old temple to a meeting of the committee in Paris. The Thai government says its withdrawal is meant to protect the country's sovereignty; analysts say it further delays implementing a management plan for the historical site.

Thailand's withdrawal from the World Heritage Convention and the World Heritage Committee came during a Paris meeting after an agreement was reached to place a proposed management plan for the site on the meeting's agenda.

Thailand has disputed moves by Cambodia to present a management plan for the 900-year-old disputed temple on the Cambodia-Thailand border.


At the meeting, Thailand requested a deferral of any proposed management plans until the the border dispute is settled. In 1962, the Hague-based International Court of Justice, or ICJ, ruled that the temple belonged to Cambodia. But the more than four-square-kilometer border around the temple, known as the Preah Vihear in Cambodia and Phra Viharn in Thailand, remains in dispute. In May, Cambodia called on the ICJ to force Thailand to withdraw troops from the contested territory surrounding the temple.

The Thai Natural Resource and Environment Minister, Suwit Khunkitti, announced Sunday's decision to withdraw from the World Heritage Convention.

Thai Government spokesman Panitan Wattanayagorn said the decision is aimed at protecting his country's national interests, given the territorial dispute.

"This is why the prime minister and the government of Thailand made a decision to withdraw from the treaty and the membership of World Heritage [Committee], just to make sure that we are not running any risks affecting our national integrity and sovereignty," he said.

In 2008, the temple was listed as a World Heritage site by the United Nations Educational and Scientific Organization, or UNESCO. Since then, Thailand and Cambodia have fought sporadically over the site.

In cross-border clashes in April, as many as 50,000 Thai and Cambodian villagers were forced to flee to emergency centers.

Political scientist Carl Thayer at the University of New South Wales in Australia calls the Thai government's decision to withdraw from the World Heritage Convention and Committee a step backward in ending the cross-border conflict over the Hindu temple.

"I suspect Cambodia will have to come up with a bit of a delay on their part," he said. "Bottom line - it would delay getting UNESCO to put the final seal of approval on it [i.e., the management plan] because the management plan is going through disputed territory. How does Cambodia effectively develop that temple? The stronger case would be if the two countries were going to cooperate."

Angered by the government's failure to take a tougher stance against Cambodia over the conflict, Thai nationalists welcomed their government's withdrawal from the convention. In a protest last week in Bangkok, the nationalists demanded that the United Nations withdraw the temple's World Heritage designation.

Thai officials say they are prepared to work with the international community as well as with UNESCO and World Heritage members to move forward without the proposed management plan, they say, that affects Thailand's sovereignty.

Young Cambodians struggle with Khmer Rouge past

Posted: 27 Jun 2011 07:54 AM PDT

27 June, 2011
From PRI's The World

As four former leaders of Cambodia's Khmer Rouge regime go on trial, younger generations in the country are told little about past atrocities.

The Khmer Rouge ruled Cambodia for four brutal years in the late 1970s. They were responsible for many atrocities during that time. Former members of the ultra-Maoist movement still live in isolated pockets, and their children know very little about their parents' past.

In the former Khmer Rouge stronghold of Anlong Veng, reporter Irwin Loy interviewed the daughter of a former foot soldier. She says her father only tells her that life in those days was difficult for everyone, but doesn't go into details of the atrocities or genocide.

The government is now preaching reconciliation and has been eager to pave over the memories of the past, Loy reports. Learning about the Khmer Rouge wasn't part of the school curriculum there until 2009.


Loy talked to one former soldier who says that his kids don't ask about the Khmer Rouge, but he says he has nothing to hide. If they were to ask, he says he would respond, "We're all Khmer Rouge here." He's not proud of his Khmer Rouge past, but he's not ashamed either.

Some parents don't want the Khmer Rouge history taught for fear that the children will begin to hate them. Some kids don't want to learn, knowing that their parents were Khmer Rouge. Others doubt the official history.

Many of the former soldiers of the Khmer Rouge are skeptical about claims of how many people were killed under the regime. Many estimate that as many as 1.7 million people, or almost one fourth of the population, were killed. One person told Loy: "Some stories we should believe, others we shouldn't."

Cambodia's Khmer Rouge genocide trial battles political pressures

Posted: 27 Jun 2011 07:49 AM PDT

A UN-backed court in Cambodia has started a landmark genocide trial of four senior Khmer Rouge leaders, whose brutal regime in the late 1970s killed nearly a quarter of the population.

June 27, 2011
By Simon Montlake, Correspondent
The Christian Science Monitor
Phnom Penh, Cambodia

A UN-backed tribunal began hearings Monday into the cases of four Khmer Rouge leaders accused of genocide and crimes against humanity from 1975 to 1979 after toppling a pro-US regime at the end of the Vietnam War. The procedural battles in the landmark trial underline the tribunal's complex makeup.

As many as one-fourth of Cambodia's population died from execution, famine, torture, and overwork under the Khmer Rouge, which tried to build a classless agrarian utopia sealed off from foreign influences. The group was driven from power by invading Vietnamese forces and fought a guerrilla war that lasted into the 1990s before it collapsed.

All four suspects deny the accusations and some have challenged the court's jurisdiction, setting the stage for a lengthy and complex trial. Using witnesses and written evidence, prosecutors will try to show a chain of command between the leadership and the mass killings and other abuses carried out in its name. The indictment cites the deliberate targeting of ethnic minorities as evidence of genocide. Other charges include war crimes, torture, and religious persecution.


The Khmer Rouge tribunal was set up in 2005 to provide accountability and justice to a nation that has struggled to come to terms with its violent past. Until now, it has only prosecuted a prison-camp director who was sentenced last year to 19 years in jail.

The current batch of suspects, however, may be the last to be tried, as investigating judges appear unwilling to take on further cases. Legal experts say pressure from Prime Minister Hun Sen, who wants to limit the tribunal's scope, as well as fatigue among some foreign donors, have weighed on the court.

In a preview of the legal battles ahead, a lawyer for Nuon Chea, the regime's second in command, accused the court Monday of bowing to political pressure. The lawyer cited the tribunal's failure to take on other cases as a sign of such interference. "The sole purpose of the judicial investigation was to collect evidence against our client and ignore the evidence that would put [him]… in a positive light," says Mr. Nuon's lawyer, Michael Pestman, as opposed to the impartial investigation it was set up to be.

Monday's pretrial hearings

Hundreds of Cambodians packed the public gallery to watch the pretrial sparring between legal teams. Substantive hearings and witness testimony are expected to start by September, though the trial could run for several years, raising doubts about the longevity of the aging cadres, some of whom are said to be in poor health.

The presiding judge said Monday that suspects who weren't fit to appear in court could watch the hearings on television in their nearby prison. Nuon Chea, who wore dark glasses and a black ski hat, later left the courtroom in an apparent fit of pique after speaking briefly of his unhappiness with the legal process.

Theary Seng, an activist who has helped victims' groups file civil suits in the tribunal, said she welcomed the trial and was hopeful that it would shed light on the secretive regime. But she expressed frustration regarding the judge's leniency toward Nuon Chea. "We just lost the most visible symbol of justice: his face," when he walked out, she says.

Hybrid tribunal

The other suspects are Ieng Sary, the regime's head of state, his wife, Ieng Thirith, a senior minister, and Khieu Samphan, the foreign minister. Pol Pot, the regime's Paris-educated leader, died in a remote jungle camp in 1998.

The judges can hand down a maximum penalty of life in prison, as Cambodia doesn't have the death penalty. Many Cambodians criticized the 19-year jail term for Kaing Guek Eav, the prison-camp director, which is currently under appeal as being too soft.

The tribunal is a Cambodian court with international aspects, a hybrid institution that was originally touted by the UN as a possible model for post-conflict justice. But slow progress and political tensions over its mandate have chipped away at its reputation.

Doubts have also surfaced over the complexity of staging a war-crimes tribunal based on both domestic and international laws. "That's the tension in the court that has run through it and continually bubbles up," says Alex Linton, who runs the Center for the Study of Genocide, Conflict Resolution and Human Rights at Rutgers University.

Lawyers for Ieng Sary tried to highlight these ambiguities in a motion for his case to be dismissed for double jeopardy. In 1979, Ieng Sary and Pol Pot were convicted in absentia by a Vietnamese-run court in Phnon Penh and sentenced to death. That court was criticized as a Communist show trial. But lawyers argued Monday that the tribunal couldn't arbitrarily ignore this ruling.

"Mr. Ieng Sary should not be tried twice for the same crime," his American lawyer, Michael Karnavas, told the court.

Underscoring Cambodia's blurred politics, Ieng Sary received a royal pardon in 1996 after he defected to Hun Sen's government. Two years later, Hun Sen feted Nuon Chea and Khieu Samphan at his house and said Cambodians should "dig a hole and bury the past," according to Human Rights Watch. Hun Sen, a former Khmer Rouge soldier, later backtracked and asked the UN to set up a joint war-crimes tribunal.

Landmark UN Tribunal Opens in Cambodia

Posted: 27 Jun 2011 07:37 AM PDT

Monday, 27 June 2011
Daniel Schearf, VOA | Phnom Penh
"We constantly have asked ourselves why? Why did it happen? Why did these individuals, these Khmer Rouge leaders think that they can play God. That they can take the lives of my parents and the lives of 2 million other Cambodians? What gave them that right to experiment in this awful manner?" - Theary Seng
A United Nations-backed court in Cambodia has started a landmark trial of four senior leaders of the Khmer Rouge, the communist extremists whose bloody 1970s revolution killed nearly a quarter of the population. While the long-awaited trial has been welcomed by victims, they are also criticizing the court for alleged political interference that could limit any further prosecutions.

Initial hearings opened Monday at the United Nations-backed trial of four surviving and highest ranking leaders of the Khmer Rouge.

Hundreds of people filed into the courtroom on the outskirts of Phnom Penh to see the long-awaited proceedings against the accused.

They are Khieu Samphan, then head of state, Ieng Sary, the foreign minister, his wife, Ieng Thirith, who was minister of social affairs, and Nuon Chea, known as "brother number two."


Among other charges, they are accused of crimes against humanity, war crimes and genocide for their role in the group's late 1970s attempt to cleanse Cambodia of "counter-revolutionaries" and turn the country into a peasant utopia.

The four elderly defendants, aged 79 to 85, all deny the charges against them. Their trial could last a few years.

Theary Seng is president of the Association of Khmer Rouge Victims in Cambodia. She has mixed emotions of excitement and sorrow in seeing them finally go to trial.

"We constantly have asked ourselves why? Why did it happen?" she asked. "Why did these individuals, these Khmer Rouge leaders think that they can play God. That they can take the lives of my parents and the lives of 2 million other Cambodians? What gave them that right to experiment in this awful manner? And so, hopefully, the court proceedings will cast light on this very dark period by providing information, by chipping away at the question why? Why did it happen?"

Seng and other victims and lawyers have been pushing for prosecutions of more Khmer Rouge leaders, including surviving military and prison camp commanders. But the court has resisted and been accused of corruption and political pressure.

Cambodian Prime Minister Hun Sen, himself a former Khmer Rouge, has said he wants this trial, only the second for the court, to be the last one. He argues further prosecutions could lead to instability.

Dim Sovannarom is the officer in charge for the court's public affairs. He denies there has been any political interference.

He says since he started working at the tribunal for the past two years things have changed. He says in regards to the prime minister's comments he wants to say that the court is an independent institution.

The U.N.-backed war crimes tribunal was created to bring some sense of justice to victims of the Khmer Rouge. But its creation took years of negotiations with Cambodian authorities who wanted to control the process.

In its first case, the tribunal last year convicted Kaing Guek Eav, who ran the main prison and torture house of the Khmer Rouge. He was given a term of 35 years, which was reduced to 19 years.

During the five-year rule of the Khmer Rouge as many as 2 million Cambodians died from execution, torture, starvation and forced labor.

They emptied cities and locked up or executed anyone perceived to be against their extremist communist revolution.

Vietnam's communist forces ended their rule by invading Cambodia and pushing the Khmer Rouge to the border with Thailand where they held out until they dissolved in 1998.

The Khmer Rouge's top leader, Pol Pot, known as "brother number one" was purged from the group that same year, which is when he died.

Killing Fields 'catharsis' as four go on trial

Posted: 27 Jun 2011 07:28 AM PDT

On trial ... "Brother No. 2", Nuon Chea, in court in Phnom Penh for war crimes during the Khmer Rouge's rule in Cambodia.

June 28, 2011
Michelle Fitzpatrick, Seth Mydans
Agence France-Presse,The New York Times

PHNOM PENH: Four top Khmer Rouge leaders went on trial yesterday at Cambodia's UN-backed war crimes court for genocide and other atrocities during the Maoist group's reign of terror in the late 1970s.

The case, described as the most complex since the Nazi trials after World War II, has been long awaited by survivors of the regime, which wiped out nearly a quarter of the population.

The elderly defendants, including ''Brother No. 2'' Nuon Chea and the former head of state Khieu Samphan, looked frail as they sat in the dock yesterday.


They face charges including genocide, crimes against humanity and war crimes over the deaths of up to 2 million people from starvation, overwork, torture or execution during the Khmer Rouge's brutal 1975-79 rule.

The genocide charges relate specifically to the murders of Vietnamese people and ethnic Cham Muslims.

All four suspects, who also include ex-foreign minister Ieng Sary and his wife and one-time social affairs minister, Ieng Thirith, deny the accusations.

''I am not happy with this hearing,'' 84-year-old Nuon Chea, wearing his trademark sunglasses, said before abruptly leaving the courtroom and returning to the detention facility with the judge's permission.

The defence lawyer for Nuon Chea, seen as the movement's chief ideologue, argued that the investigation into the case had lacked transparency and suffered from government interference.

''That judicial investigation was so unfair that the case should be stopped,'' Michiel Pestman said.

He said Nuon Chea was insisting that all his proposed witnesses - believed to number in their hundreds - should be heard during the trial.

''The beginning of Case 002 will be a cathartic moment for all Cambodians,'' said Ou Virak, president of the Cambodian Centre for Human Rights, a private advocacy group, using the formal term for the case.

''While the crimes of the Khmer Rouge were committed over a quarter of a century ago, they remain ingrained in Cambodia's collective psyche.''

Khem Nareth, 56, who lost his mother and brother under the regime, said: ''This trial is very important to find justice for those who died and for the survivors. I want the court to jail the four leaders for life.''

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, held at a purpose-built detention centre since their 2007 arrests, will not take place until late August at the earliest.

Hundreds of Cambodians travelled to the court in Phnom Penh yesterday to see the four in the dock. Parts of the proceedings were also broadcast on Cambodian television.

The trial is the culmination of years of preparation by the tribunal, which was established in 2006 after nearly a decade of negotiations between Cambodia and the United Nations.

In its historic first trial, the tribunal sentenced former prison chief Kaing Guek Eav - also known as Duch - to 30 years in jail last July for overseeing the deaths of 15,000 people.

The second case is more significant and complicated because it involves higher-ranking regime members who are refusing to co-operate. Concerns over the health of the accused, aged 79 to 85, hang over the proceedings. 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.

The start of the trial comes as the court faces criticism from observers and victims for allegedly failing to properly investigate two more cases against five lower-level Khmer Rouge suspects.

The Cambodian Prime Minister, Hun Sen, himself a former cadre, is strongly opposed to further trials, saying they could destabilise the country.

Cambodia: Khmer Rouge tribunal 101

Posted: 27 Jun 2011 07:23 AM PDT

Monday, June 27, 2011
The Christian Science Monitor

The Khmer Rouge ruled Cambodia from 1975 until 1979 and is blamed for the deaths of 1.7 million people. The Maoist group tried to build an agrarian society purged of foreign influences. Until now, none of its senior cadre has gone on trial, and Pol Pot, its paramount leader, died in 1998 in a jungle camp after losing power to Vietnamese occupiers.

The Khmer Rouge tribunal, a joint effort between Cambodia's judiciary and the United Nations, opened in 2006 and has so far spent more than $100 million on investigating and trying surviving members of the senior leadership.

Only one has been prosecuted and found guilty. Here are five frequently asked questions answered:

- Simon Montlake, Correspondent

1. What is the tribunal and why is it significant?

The Khmer Rouge tribunal was established in the 1990s as a way to set the historical record straight and bring a measure of justice and accountability for survivors of the genocide.

Cambodia's prime minister, Hun Sen, a former Khmer Rouge soldier who isn't accused of any war crimes, was reluctant to allow an international tribunal. He has repeatedly warned that a wide-ranging inquiry could imperil the country's political stability.


As a compromise, the United Nations agreed to a jointly run tribunal known officially as the Extraordinary Chambers in the Courts of Cambodia (ECCC). The bench consists of Cambodian and international judges and prosecutors. It's unusual for a UN genocide tribunal to be held in the country where the genocide occurred.

2. What have been its main achievements so far?

In July 2010, Kaing Guak Eav, known as Duch (pronounced "Duke"), who ran a secret detention camp in Phnom Penh, was found guilty of war crimes and crimes against humanity and sentenced to 35 years in prison. Up to 16,000 people died in the camp, a former school and now a museum. Many were brutally tortured to extract confessions of plotting against the regime.

Duch confessed to his crimes and apologized to victims during the lengthy trial. Judges cut his sentence to 19 years to take into account his decade in captivity. This move drew criticism from some of the victims' families, who said the sentence was too lenient given the heinous crimes.

Duch has since appealed his sentence and backpedaled on some of his confessions.

3. What happens next?

The next four defendants are senior cadre, including Nuon Chea, known as "Brother Number 2" in the regime. The others are Ieng Sary, a deputy leader, and his wife, Ieng Thirith, and former head of state Khieu Samphan. Most are elderly and in poor health and may not survive a lengthy and complex trial. All are expected to plead not guilty. Pretrial hearings start June 27.

The tribunal has two other outstanding cases, known as 003 and 004, that could lead to further indictments. But in a surprise move, the bench ruled in April that Case 003 should be dropped. An international prosecutor complained later that the investigating judges hadn't even questioned the suspects or investigated the crime scene. Critics say the ECCC appears to be bowing to political pressure to limit the tribunal's scope. Several staff quit recently in protest at the judges' decisions.

"It appears that they decided to drop the case and didn't do the investigation. That's the really problematic part," says Anne Heindel, a legal adviser to the Documentation Center of Cambodia in Phnom Penh.

Under Cambodian law, which is modeled on French civil law, judges investigate and decide whether or not to follow the recommendations of prosecutors. Judges aren't obliged to state their reasons publicly until they issue a final closing order, which is subject to consultation with prosecutors and court officials.

4. What is the role of the international community?

Foreign donors have provided most of the funding, which is forecast to reach $140 million by the end of this year.

The US government hasn't contributed directly due to congressional restrictions on assistance to Mr. Hun's government, though US funding has supported research and nonprofit groups working on the tribunal.

The largest donor is Japan, which has covered nearly half of the tribunal's costs, including contributions in kind, according to the ECCC's website.

5. Why is there so much controversy about opening more cases?

The tribunal is supposed to investigate suspects with direct responsibility for serious crimes during the Khmer Rouge era. Critics say this mandate has been undermined by Hun's repeated demands for the tribunal to limit its work to the current suspects. Case 003 involves two military commanders accused of mass killings, according to leaked court documents.

Human rights groups have singled out a German investigating judge, Siegfried Blunk, and his Cambodian counterpart, You Bunleng, for failing to follow proper procedures. The judges have rejected the allegations and issued a statement last month that said they were "resolved to defend their independence against outside inference, wherever it may come from."

The Open Society Justice Initiative, a United States-based organization, has called on the UN to investigate alleged ECCC misconduct. In a statement, its executive director, James Goldston, said the tribunal was designed to bring accountability for past crimes and help Cambodia to establish the rule of law.

"In apparently bowing to political pressure, the court undermines both goals. An independent investigation is urgently needed," he said.

A spokesman for UN Secretary-General Ban Ki-moon has denied that the UN had interfered in the process. In a June 14 statement, the spokesman insisted that the ECCC judges must be allowed to work independently.

[Thai] Army gears up on border [-Thailand looking for a fight with Cambodia after pulling out of the WHC?]

Posted: 27 Jun 2011 06:08 AM PDT

27/06/2011
Bangkok Post

National army chief Prayuth Chan-ocha praised Natural Resources and Environment Minister Suwit Khunkitti's decison to withdraw from the World Heritage Convention and said he has ordered soldiers along the Thai-Cambodian border to be prepared.

Gen Prayuth said on Monday the army is overseeing security, monitoring intelligence activities and observing movements along the border in order to protect the country's sovereignty.

More troops and health personnel had been sent to villages near the border area to inform residents about the situation and avert any panic.

"Don't be frightened because I believe no one wants to fight and that holding talks is the solution to the problem," Gen Prayuth said.

"After withdrawing from the WHC, we now have to wait for the decision of the International Court of Justice.


"Thai and Cambodian soldiers have been in contact on a regular basis since the last clashes along the border, but there's not a high degree of trust between them yet," the army chief said.

He said Mr Suwit made a good decision to withdraw Thailand's membership of the WHC.

The decision to withdraw from the WHC was made by Mr Suwit, who led the Thai delegation to the World Heritage Committee meeting in Paris on Saturday, June 25.

Villagers along the Thai-Cambodian border in Surin's Phanom Dong Rak district are afraid the fighting may resume following Thailand's withdrawal from the WHC.

A military source said on Monday that many had already packed clothes, food and other necessities in preparation to evacuate to a safe location at short notice if Thai and Cambodian troops clash again.

Although there has been no fighting for nearly two months, Thai soldiers are on watch for possible intrusions by Cambodian forces, the source said.

Khomphet Sirisuk, a villager of Nong Khanna Samakkhi in tambon Ta Miang of Surin's Phanom Dong Rak district, said the recent clashes had severely affected people's lives. They did not want more.

They already could not work long in their rice fields or plantations because they had been advised by soldiers to stay in their homes until at least 8am and return before 4pm.

Food and retail outlets had lost business because the Ta Muen Thom temple was still closed to tourists. Street lights were turned off at night and villagers were left in silence but sleepless, he said.

Mr Khomphet said he wanted the government to quickly end the conflict with neighbouring Cambodia.


Prime Minister Abhisit Vejjajiva
Prime Minister Abhisit Vejjajiva said the cabinet will on Tuesday discuss the legal implications of Mr Suwit's announcement that Thailand was withdrawing from the WHC.

Mr Abhisit said government agencies would be instructed to study and report on the legal implications for Thailand after its withdrawal from the WHC and steps which need to be taken by the next government after the July 3 election.

The withdrawal from the WHC would have no effect on ancient sites and national parks in Thailand as they are already listed as world heritage sites.

Thailand has the right to reapply for the WHC membership at a later date, he said.

Mr Abhisit said it was necessary for Thailand to prepare for further negotiations with Cambodia and the United Nations Educational, Scientific and Cultural Organisation (Unesco) to protect its sovereignty and integrity.

Thailand would still adhere to the memorandum of understanding signed in 2000 in further negotiations with Cambodia, Mr Abhisit said.

Mr Abhisit admitted that the situation along the Thai-Cambodian border might become tense as a result of Thailand's withdrawal from the WHC.

The military was duty-bound to keep the situation under watch while trying to avoid any cross-border clashes and prevent border intrusions.

The government would try in every way to ensure the people along the border continue to lead a normal life, he said.

The premier there might be some problems on the border during the transition period, which was expected to be short.

Unesco director-general Irina Bokova expressed her deep regret at Mr Suwit's decision to withdraw Thailand from the WHC.

Ms Bokova said she hoped "Thailand will carefully consider its future course of action in respect of this important Convention and will continue to be an active participant in the international cooperation for the protection of the world's outstanding heritage."

[Thai] Border villagers living in fear [-Thailand seeks to provoke a military confrontation with Cambodia?]

Posted: 27 Jun 2011 06:05 AM PDT

27/06/2011
Bangkok Post

Villagers along the Thai-Cambodian border in Surin's Phanom Dong Rak district are afraid the fighting may resume following Thailand's withdrawal from the World Heritage Convention, a military source said on Monday.

The source said they had packed clothes, food and other necessities in preparation to evacuate to a safe location at short notice if Thai and Cambodian troops clash again.

Although there has been no fighting for nearly two months, Thai soldiers are on watch for possible intrusions by Cambodian forces. (sic!)

Khomphet Sirisuk, a villager of Nong Khanna Samakkhi in tambon Ta Miang of Surin's Phanom Dong Rak district, said the recent clashes had severely affected people's lives.


They could not work long in their rice fields or plantations because they had been advised by soldiers to stay in their homes until at least 8am and return before 4pm.

Food and retail outlets had lost business because the Ta Muen Thom temple was still closed to tourists. Street lights were turned off at night and villagers were left in silence but sleepless, he said.

Mr Khomphet said he wanted the government to quickly end the conflict with neighbouring Cambodia.

Prawit: No new fighting [with Cambodia] expected (sic!)

Posted: 27 Jun 2011 06:01 AM PDT

27/06/2011
Wassana Nanuam
Bangkok Post

It was unlikely there would be any more fighting between Thai and Cambodian forces along the border because soldiers on both sides preferred to settle dispute through talks, Defence Mininster Gen Prawit Wongsuwon said on Monday.

Gen Prawit said the military stood ready to defend the country's sovreignty. Surveilland had been stepped up along the border.

''Don't worry. What is ours, will remain ours,'' said the defence minister.

Asked whether Thailand's policy towards Cambodia is to be defensive only, Gen Prawit said that is what the military can do at the moment.


He said there would be no clashes between the two countries' troops in the near future. The military would protect people living along the border, as well as their property.

Asked about the Thai military's discussion with their Cambodian counterparts, Gen Prawit said the two armed forces have always talked to each other.

Their representatives continued to meet through bilateral mechanisms like the Thai-Cambodian General Border Committee (GBC) and the Thai-Cambodian Regional Border Committee (RBC).

Asked if a GBC meeting could take place as planned, Gen Prawit said it was possible if both countries could reach an agreement on this issue.

So far, there is no reason to cancel the GBC meeting. Thailand and Cambodia have agreed to work together to ensure safety for people along their mutual border.

On the concern that Thailand's withdrawal from Unesco's World Heritage Convention would further strain the ties between Thailand and Cambodia, Gen Prawit said that would depend on the different viewpoints.

Thailand army accuses Cambodia of reinforcing troops at Surin border

Posted: 27 Jun 2011 05:56 AM PDT

Cambodia reinforces troops at Surin border: Army

NAKHON RATCHASIMA, June 27 (MCOT online news) - Cambodia has reinforced its troops at the border of Surin province following Thailand's exit from the UN world heritage site body, but the Thai army is on high alert to protect sovereignty, Thailand's army region 2 spokesman said on Monday.

Col Prawit Hookaew described the situation along the Thai-Cambodian border after Thailand withdrew from the United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage Convention over the weekend as the agency's secretariat decided to push ahead with consideration of Cambodia's management plan for the Preah Vihear temple despite the unresolved border dispute.

The spokesman said that the withdrawal will benefit Thailand and any resolution made by the World Heritage Committee (WHC) will not be binding on the kingdom.


Regarding Cambodian troop movements along the border after Thailand's decision, Col Prawit said there is some redeployment and reinforcement of the neighbouring country's troops.

There is some arms training taking place, such as using grenade launcher and artillery on Cambodian side, said Col Prawit, while Thai troops remain on alert at the border and are strengthening their outposts.

Col Prawit added Cambodia has reinforced its troops near the border. Thai soldiers are also on alert without sending more army personnel into the area as the existing number of troops is sufficient to protect Thailand's national sovereignty.

There has been some troop rotation as some soldiers took turn to cast their ballots in advance voting but they have returned to their cases after exercising their constitutional right, according to the military spokesman.

"Military commanders are still able to talk with their Cambodian counterparts in case any problem arises. However, there is no room for complacency as we fear that history will repeat itself as with the previous clashes which took place despite the military of both sides being on good terms," Col Prawit said.

The Thai army chief and the commander of Army Region 2 have instructed troops stationed along the border to exercise the utmost restraint, but to retaliate appropriately in case Cambodian troops attack, or start the fighting, the army region 2 spokesman said.

Col Prawit urged local residents not to panic, assuring them that the army are on alert around the clock.

Cambodia's Khmer Rouge tribunal in disarray

Posted: 27 Jun 2011 02:15 AM PDT

Cambodia's Khmer Rouge tribunal in disarray





This should have been a time of quiet satisfaction for the Khmer Rouge Tribunal.

The four most senior surviving leaders of Pol Pot's murderous government have been charged with genocide.

This week's initial hearing will deal with various technicalities and legal arguments - with the trial proper to follow within a few months.

Even critics of the process agree that this is the "heart" of the tribunal, opening the possibility that Cambodians may finally discover the reasons behind the brutal policies of the Khmer Rouge.

It follows the court's first case, in which former Khmer Rouge prison chief Duch was found guilty of crimes against humanity and sentenced to 35 years in jail.

Around two million people died in the late 1970s after Pol Pot and his comrades took over the country. They evacuated the cities and forced those who survived to make the long trek into the countryside to work in the rice paddies. Many died of malnutrition, others were summarily executed as "enemies of the revolution".

This latest genocide trial was poised to be a showcase for the tribunal's much-vaunted "hybrid" system - which allows Cambodian judges and legal officials to work alongside UN-appointed international officials.

It was supposed to be a model for future international criminal tribunals, keeping costs down while strengthening the notoriously weak local judiciary by exposing them to international standards of justice.

But there is no celebration at the dusty complex on the outskirts of Phnom Penh which houses the tribunal. Instead there is a sense of an institution in crisis. 


A court monitor has called for an investigation into allegations of negligence and the violation of judicial independence. A victims' organisation has demanded the resignation of senior UN-appointed officials. And a number of international staff became so dismayed with the way crimes were being investigated that they quit in protest. 


The problem is not the forthcoming second trial - but a proposed third case.

The international co-prosecutor identified two people suspected of involvement in the deaths of tens of thousands of people. But the co-investigating judges closed their inquiries without so much as interviewing - let alone arresting - the suspects. 

Andrew Cayley


The disagreement went public - with British co-prosecutor Andrew Cayley and German co-investigating judge Siegfried Blunk the protagonists. Mr Cayley called on the judges to take further investigative action and named the sites of several atrocities.

He told the BBC that it was vital for this third case to be taken seriously.

"It affects the integrity of this institution. The investigation needs to be done properly. Justice must not only be done, but it must manifestly and undoubtedly be seen to be done. And I believe if that does not happen, it will have serious consequences for the court as a whole."

The judges responded with a series of statements. They ordered Mr Cayley to withdraw what they called "confidential information".

They warned they would punish a "disloyal staff member" they suspected of leaking information. And they "welcomed" the resignation of international staff who disagreed with their approach to investigations, one of whom referred to a "toxic atmosphere of mutual mistrust" in a "professionally dysfunctional office".

 Mr Blunk also rebuked a journalist who asked whether the judges were trying to "bury" the third case, telling him: "The use of the word 'bury' is insolent, for which you are given leave to apologise within two days." 

Exit strategy?

All of this was followed with an increasing sense of incredulity by long-time observers of the tribunal. 


"There are only two possible answers for all the chaos and shenanigans. Either the co-investigating judges are not professionally able, or they're under political pressure. Either way we need a proper investigation," said Ou Virak, the director of the Cambodian Center for Human Rights.

 Theary Seng



The head of a victims' association, Theary Seng, called on Mr Blunk to resign, along with the UN-appointed administrator of the tribunal.


"We had expected and trusted the UN personnel in the court to raise the quality of justice to international standards. But what's happening is deceit - it's deceit with UN complicity, with UN insignia on it," she told the BBC.

The US-based Open Society Justice Initiative, which has been monitoring the tribunal through its office in Phnom Penh, sounded further alarms. Its most recent report said: "The court's actions suggest that the outcome of a case has been pre-determined, and that judges have refused to gather evidence or investigate facts."


The UN's response raised even more eyebrows. In a statement from Secretary General Ban Ki Moon's spokesman, it denied "media speculation" that it had ordered the investigating judges to block the third case. The English language newspaper The Cambodia Daily noted that even if there had been any such claims, they had not been widely published. 


The fate of the third case - along with a possible fourth - remains undecided. But the whole affair has been damaging. 


Political pressure has always been part of the landscape at the special courts. The Cambodian government has repeatedly made it clear that it wants the process to end after the second trial. 


But victims' organisations and human rights groups hoped the presence of international officials would ensure the integrity of the institution. Now they are wondering whether donor countries are getting tired of funding the Tribunal - and looking for an exit. 


The biggest concern is whether all the controversy will overshadow the trial of the senior Khmer Rouge leaders.



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