KI Media: “The South China Sea Conflict - Op-Ed by Salen Sy” plus 24 more

KI Media: “The South China Sea Conflict - Op-Ed by Salen Sy” plus 24 more


The South China Sea Conflict - Op-Ed by Salen Sy

Posted: 22 Jun 2011 05:00 PM PDT

Khmer Guardian: "Death Bridge - Nearly One Year After"

Posted: 22 Jun 2011 04:55 PM PDT

Khmer Guardian - "Death Bridge - Nearly One Year After"
http://www.scribd.com/fullscreen/58506957?access_key=key-22mwfb3xsrgzlthoyk0t

Sacrava's Political Cartoon: Netr Pheaktra

Posted: 22 Jun 2011 03:57 PM PDT

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

Sixth UN official resigned from the KR Tribunal

Posted: 22 Jun 2011 02:55 PM PDT

22 June 2011
By Den Ayuthyea
Radio Free Asia
Translated from Khmer by Soy
Click here to read the original article in Khmer
"What I want to say is that, in Case 003/004, there was 20 months of inactivity where the Investigating Judges did not investigate these cases. This affects our justice as victims who are looking for clarifications on the darkness under the KR regime" - Theary Seng, AKRVC President
Click on the control below to listen to the audio program:

Theary Seng
After 5 UN legal officials announced their resignation from the KR Tribunal (KRT) investigation office in April, on Wednesday 22 June, a KRT information official indicated that another UN legal official also resigned from his position.

On 22 June, Netr Preaktra, the KRT spokesman, indicated that the KRT learned that a 6th UN legal official resigned from his position at the KRT investigation office. However, Netr Pheaktra said that this resignation does not affect the function or the mission to find justice for the victims of the KR regime. (sic!)

Netr Pheaktra added: "The KRT administrative office guarantees that it will find an able official to continue its investigation work at the Co-Investigation Judges' office, yes!"

Netr Pheaktra did not reveal the name of the 6th official at the investigation office who resigned from his position, nor the latter's nationality.

Regarding this issue, Theary Seng, President of the Association of Khmer Rouge Victims in Cambodia (AKRVC), indicated that the resignation announcement by another UN legal official from the KRT investigation office shows that there are irregularities or dissent with the Cambodian and International Co-Investigating Judges regarding the investigation into the KR leaders involved in Case 003/004.

Theary Seng, who is also President of CIVICUS, added: "I think that he cannot accept the irregularities and the injustice pushes him to resign from this office. What I want to say is that, in Case 003/004, there was 20 months of inactivity where the Investigating Judges did not investigate these cases. This affects our justice as victims who are looking for clarifications on the darkness under the KR regime."

Nevertheless, Lars Olsen, the UN public relation representative at the KRT, did not comment on this resignation. However on 21 June, he told news media that the recent resignations of UN investigation officials will not affect the legal aspect or any other aspects of the KRT, including the Co-Investigating Judges office, i.e. the KRT guarantees that it will have enough employees to fulfill its duty or mission.

The KRT spokesman indicated that the KRT will bring forth Case 002 during its hearing to be held on 27 June 2011. Case 002 involves 4 former KR leaders: Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith. This group of leaders are responsible for the killing of almost 2 millions innocent victims during the KR regime which they ruled between 1957 and 1979.

Housing Demonstrators Broken Up Before Premier’s House

Posted: 22 Jun 2011 01:55 PM PDT

Borei Keila
The residents had gathered to represent more than 380 families who are worried they will not have new homes built under a 2003 development deal on 14 hectares of land.

Wednesday, 22 June 2011
Chun Sakada, VOA Khmer | Phnom Penh
"Some protesters had torn clothes and fell to the ground."
Police on Wednesday dispersed some 50 protesters from in front of the prime minister's Kandal province residence who had gathered to demonstrate over concerns they could lose their homes to a Phnom Penh development project.

One woman was injured after several dozen police and military police pushed the group out of the street, witnesses said.

The residents had gathered to represent more than 380 families who are worried they will not have new homes built under a 2003 development deal on 14 hectares of land. The original plan called for a development company to develop 4.6 hectares of land in the area, including 2 hectares of apartments for those already living there.

Hor Chinda, a 31-year-old demonstrator who said she was beaten on the legs and chest, said she was calling on Hun Sen to help residents receive housing.


Phaung Sopheap, a 37-year-old resident of Prampi Makara district's Borei Keila community, said she too was beaten by police. "Some protesters had torn clothes and fell to the ground," she said.

Phaung Sopheap said that she and other residents have not been given apartments as promised.

However, Him Chak, a representative of the Borei Keila development commission, which is overseeing the project, said eight houses have been built already, enough to provide apartments to people with legal documentation to their homes. Currently, he said, 1,044 families are living in six new buildings, with two more buildings under construction for 349 families.

Prampi Makara Governor Som Sovan said the state will only provide housing for those with legal documentation.

Cheng Sophors, monitor for the rights group Licadho, said the police had ignored the rights of the protesters and their freedom of expression.

Cambodia Teaches New Generation About Khmer Rouge Atrocities

Posted: 22 Jun 2011 01:47 PM PDT


http://www.youtube.com/watch?v=G8-4e6YwtZQ

US-Based Victims Group Questions Tribunal’s Independence

Posted: 22 Jun 2011 01:45 PM PDT

Dr. Nou Leakhena, founding director of Applied Social Research Institute of Cambodia. (Photo: by Pin Sisovann)

Wednesday, 22 June 2011
Men Kimseng, VOA Khmer | Washington, DC
"We want to come together as one voice to express our demand for justice and voice concern when the court acts without transparency."
The latest flares at the Khmer Rouge tribunal have drawn sharp criticism from the Cambodian-American Diasporas and added to their suspicion over the court's independence.

"The controversies surrounding case 003 clearly show the Court's inability at this point to remain independent and transparent," said Dr. Nou Leakhena in an interview with VOA Khmer last week.

The Khmer Rouge Tribunal is caught up in a spat between its investigating judges and international prosecutor over case 003 which could involve two more prominent suspects in the Khmer Rouge regime.

Dr. Nou Leakhena whose organization, the Applied Social Research Institute of Cambodia (ASRIC), represents 41 civil parties and 129 complainants at the court said some of her clients have almost lose hope in their search for justice and that the court should find ways out among themselves and restore confidence.

Many national and international organizations including the US-based Open Society Justice Initiatives have called for more openness in the way the court conducts its work which is mainly under the name of "confidentiality".

"The negative response by the court's senior element to those who raise concerns about process further impedes the quest for justice," said Dr. Nou Leakhena. "Even so, at the end of the day, the debates over case 003 may prove to be a galvanizing force for those who have tirelessly pushed for justice."

Dr. Nou and her legal team are now en route to Cambodia to attend the court initial hearing of case 002 scheduled for June 27 and involve four senior Khmer Rouge leaders. They will seek ways to work with other civil society groups to act as one voice to represent the victims.

"We want to come together as one voice to express our demand for justice and voice concern when the court acts without transparency," she said.

French Prime Minister François Fillon to visit Cambodia on 02-03 July

Posted: 22 Jun 2011 01:37 PM PDT

François Fillon, France Prime Minister


Complaint rejected in high-profile land case

Posted: 22 Jun 2011 10:16 AM PDT

Chea Kheng standing next to her husband Suy Sem, the minister of Industry, Mines and Energy


Wednesday, 22 June 2011
Chhay Channyda
The Phnom Penh Post

Villagers in Kampong Chhnang province who have been locked for years in a land dispute with a firm owned by the wife of a government minister said yesterday that the provincial court had rejected their attempt to file against the company.

The villagers say the firm is attempting to push them off their land illegally and that they first attempted to submit the complaint in 2009, though the complaint has not been processed as local officials turned down a request from the villagers to permit having their court fees waived.

Reach Seima, a representative for villagers in Kampong Chhnang's Kampong Tralach district, Ta Chea commune, said villagers had sent a letter to the court earlier this month inquiring about the total court fee associated with their complaint.

Yesterday, however, he said he had received a call from Chhoun Sivin, director of the provincial court clerks, informing him that the complaint had been rejected because the villagers needed to file individual rather than joint complaints.


"The court said the complaint did not follow procedure because it was a joint complaint, and the court asked us to file complaints individually," Reach Seima said.

"Why is it that when the complaint lodged a complaint against us, the court took quick action, but when we complain, the court does not take any action?"

Kampong Chhnang provincial court officials could not be reached for comment.

More than 100 families have been embroiled in a dispute over 140 hectares of land with KDC International – which is owned by Chea Kheng, the wife of Suy Sem, the Minister of Industry, Mines and Energy – for nearly a decade.

More than a dozen villagers and activists have been convicted for violations related to the conflict, with some forced to serve jail time. KDC officials could not be reached for comment.

In April 2009, Phnom Penh Municipal Court sentenced Toch Ly, the chief of Lorpeang village, located in Kampong Tralach district's Ta Ches commune, to 16 months in prison for allegedly falsifying residents' complaint documents in his attempts to advocate on their behalf.

In January, Reach Seima was convicted of disinformation for alleging that the company had cleared 140 hectares illegally, and Sam Chankea, provincial monitor for the rights group Adhoc, was convicted of defamation for similar comments. Both were ordered to pay millions of riel in fines and compensation.

Villagers rally against arrest

Posted: 22 Jun 2011 10:09 AM PDT

Wednesday, 22 June 2011
Kim Yuthana
The Phnom Penh Post

Nearly 100 villagers from 114 families in Kandal province protested in front of the provincial court yesterday to request the release of a villager arrested in connection with a land dispute with a former deputy provincial governor.

Khorn Kea, 30, a representative of villagers from Samrong Thom commune's Prek Treng village in Kien Svay district, said yesterday that Nhil Sami was arrested in Phnom Penh on May 19 and charged with destroying private property.

He added that protestors had asked the court to stop issuing summons and arrest warrants for villagers embroiled in a dispute with former deputy provincial governor Prak Savuth.

"Villagers are living in fear every day after the arrest of Nhil Sami and heard that other villagers will be arrested in relation to the land dispute," Khorn Kea said.


He added that villagers had been involved in a dispute with Prak Savuth, who is now Kratie provincial council chief, since he was awarded 46 hectares of land in Prek Treng village by the Appeal Court in 2001.

Men Maraka, provincial investigator for rights group Adhoc, claimed yesterday that provincial deputy prosecutor Vong Bunvisoth told villagers the court would not issue further arrest warrants, but that Nhil Sami could not be released.

Vong Bunvisoth could not be reached for comment. District governor Heng Thiem said yesterday that the land belonged to Prak Savuth, who also could not be reached for comment.

ECCC: Case 002 - "toxic atmosphere"

Posted: 22 Jun 2011 09:05 AM PDT

Thirty-two years after the fall of one of the 20th century's bloodiest regimes, a tribunal in Cambodia will begin trying the four most senior Khmer Rouge leaders still alive. But the trial commences under a cloud of controversy, with observers questioning the UN-backed court's independence.

21 June 2011
Jared Ferrie
By International Justice Tribune

On June 27, the Trial Chamber will begin a four-day "Initial Hearing" to decide on the final witness list and to hear preliminary objections. Witnesses and suspects are due to take the stand in August.

The suspects in the court's second case, known as Case 002 are: Nuon Chea, the regime's chief ideologue, known as "Brother Number Two"; former foreign minister Ieng Sary; his wife, Ieng Thirith, who was Minister for Social Affairs; and Kheiu Samphan, the regime's former head of state.

Last summer, in Case 001, judges sentenced torture centre chief Kaing Guek Eav, better known by his revolutionary name, "Duch". He has filed an appeal.

Prosecutors have built two more cases – known as 003 and 004 – against an additional five suspects. But the Cambodian government has told the UN it will not allow those trials to go forward. And the investigating judges have been accused of bowing to political pressure by failing to properly investigate Case 003, thereby examining no evidence that would necessitate bringing the politically sensitive case to trial.

Observer groups were dismayed when the co-investigating judges announced on April 29 that they had concluded their investigation even though neither they nor their staff conducted interviews with the suspects or visited crime scenes that may contain mass graves. Several UN-employed members of the Office of the Co-investigating Judges (OCIJ) legal team have since resigned in protest, including Stephen Heder, who is considered one of the world's leading Khmer Rouge historians.


In his resignation letter, Heder said the OCIJ ended the investigation into Case 003 "effectively without investigating it". His letter, addressed to Siegfried Blunk, the German co-investigating judge, characterized the working environment at the OCIJ as a "toxic atmosphere of mutual distrust".

Blunk and his Cambodian counterpart, You Bunleng, issued a statement in response saying they "welcomed the departure" of employees who questioned their "sole responsibility" to make decisions regarding Case 003. In a previous statement they lashed out at "disloyal" staff who leaked confidential court documents.

Although the OCIJ has kept Cases 003 and 004 hidden behind a veil of secrecy, confidential documents reveal the identities of the suspects and some of the evidence against them. 

The suspects in Case 003 are Khmer Rouge Navy Commander Meas Mut and Air Force Commander Sou Met. In addition to their military roles, both men held influential political positions within the regime.

Case 004 involves three mid-level Khmer Rouge leaders: Ta Tith and Ta An were both second in command to Khmer Rouge officers who controlled areas where massacres took place. The third suspect is Im Chaem, a former district chief who prosecutors say oversaw construction of the regime's biggest irrigation project, which involved the forced labour of thousands of people.

The Open Society Justice Initiative (OSJI) has called for an inquiry by the UN into alleged political interference and the conduct of UN officials, including the investigating judges, who are sworn to "act independently, and not upon the instructions of any government or any other source. These recent developments threaten the Court's legacy for Cases 001 and 002, for Cambodia's rule of law, and for the ongoing fight against impunity," the group said in a report released June 14.

In response to such criticism and "media speculation" that there had been an internal decision to not to try Cases 003 and 004, UN Secretary General Ban Ki-moon issued a statement June 14 defending the co-investigating judges.

"The co-investigating judges are not under an obligation to provide reasons for their actions at this stage of the investigation in Case 003," said the statement, noting that the decision to close the case is subject to "further consideration." International Co-prosecutor Andrew Cayley has asked the Pre-trial Chamber to order the OCIJ to reopen the investigation into Case 003.

But OSJI noted that chamber judges have tended to split along national versus international lines. With the chamber containing more Cambodian than international judges, OSJI said the Pre-trial Chamber is "unlikely" to send case 003 back for further investigation.

Video: Thais target UNESCO in temple row [-Chamlong Srimuang is delusional]

Posted: 22 Jun 2011 08:52 AM PDT

Thai nationalists demand UNESCO delist controversial temple

Posted: 22 Jun 2011 08:47 AM PDT

Jun 22, 2011
DPA

Bangkok - Thai protesters massed outside the United Nations Educational, Scientific and Cultural Organization's Bangkok office Wednesday to demand that a Cambodian temple be removed from the world heritage list.

About 1,000 members of the ultra-nationalist People's Alliance for Democracy (PAD) gathered to demand UNESCO delist the Preah Vihear temple, which lies on Cambodian soil but is claimed by Thailand, and 'end the violation of sovereignty of Thai territory.'

UNESCO's World Heritage Committee is currently meeting in Paris to decide on new sites and discuss progress on formerly designated ones.


UNESCO declared Preah Vihear a World Heritage site in 2008 over Thai objections. Since then Thai and Cambodian troops have clashed on several occasions along the border, most recently in April when 16 people, mostly soldiers, died.

The 11th-century Hindu temple, perched on a cliff that defines the Thai-Cambodian border, has been a bone of contention between the two countries for six decades.

In 1962, the International Court of Justice ruled that the temple was on Cambodia soil, but it stopped short of ruling on where the border lies in the disputed area.

While Thailand has accepted the 1962 ruling, it has laid claim to a 4.6 square kilometre plot of land adjacent to the temple, which is also claimed by Cambodia.

The Thai government has lobbied UNESCO to delay a decision this week on whether to approve Cambodia's Preah Vihear management plan, which includes the disputed nearby land.

The plan 'wrongfully violates the territory and sovereignty of Thailand,' PAD leader Chamlong Srimuang said in a letter passed to the UNESCO office. 'Thais will regard the UNESCO and the World Heritage Committee as ... the country's enemy.'

The conservative, pro-royalist movement was behind anti-government street demonstrations in 2008 that led to the seizure of Government House and the closure of Bangkok's two airports.

They have been staging a demonstration outside Government House, where the prime minister and cabinet ministers keep their offices, since January, to protest Prime Minister Abhisit Vejjajiva's failure to resolve the Preah Vihear dispute.

Anti-government leaflets drop in PP

Posted: 22 Jun 2011 08:41 AM PDT



Wednesday, 22 June 2011
Meas Sokchea
The Phnom Penh Post

Hundreds of leaflets criticising the ruling Cambodian People's Party were dropped across Phnom Penh last Friday. The leaflets called on all Khmer people to liberate Cambodia from its leaders – including prime minister Hun Sen, National Assembly president Heng Samrin and senate president Chea Sim. It also accused them of confiscating people's land by telling them it would be used for development. National Police spokesman Kirt Chantharith said on Monday it was not the first time the leaflet had been scattered. CPP lawmaker Cheam Yeap defended the leaders and said the leaflet's creators had "blind eyes".

China meet begins

Posted: 22 Jun 2011 08:37 AM PDT

Wednesday, 22 June 2011
Adam Miller
The Phnom Penh Post

The Phnom Penh Post Chinese media have reported that Cambodian Defence Minister Tea Banh met with Chinese Vice-President Xi Jinping yesterday, in a meeting aimed at strengthening relations between the two countries and their armed forces. Xi Jinping reportedly said China would continue to offer necessary aid to build the country's economic and social development. Tea Banh reportedly echoed these views and expressed appreciation for China's long-term aid. He is also reported to be holding talks with Defence Minister Liang Guanglie.

Thet Sambath to Receive Prestigious Journalism Award

Posted: 22 Jun 2011 08:33 AM PDT

Reporters Investigating Drug Lords in Mexico and Pol Pot Atrocities in Cambodia to Receive Prestigious Journalism Award

WASHINGTON, June 22, 2011 /PRNewswire-USNewswire/ -- Two Mexican reporters who have investigated violent drug cartels and a Cambodian journalist who uncovered secrets of the Pol Pot regime will receive the 2011 Knight International Journalism Awards, the International Center for Journalists (ICFJ) announced.

Rocio Idalia Gallegos Rodriguez and Sandra Rodriguez Nieto are fearless investigative reporters in what may be the most dangerous city in the world. Despite tremendous risks, they have probed the drug wars that are wreaking havoc in Ciudad Juarez and other places along the U.S.-Mexican border.

"While others are silenced by threats and attacks, these women have stood up to the most feared and ruthless cartels imaginable to inform citizens and improve their community," said John S. and James L. Knight Foundation's Jose Zamora, who made the announcement at the Newseum.

Cambodian journalist Thet Sambath took a decade to produce arguably the most important documentary about the Khmer Rouge. As a child, he lost his parents and his brother, who were killed by the brutal Pol Pot regime. He made it his mission to find out why this genocide took place. He tracked down and won the confidence of the No. 2 man in the Khmer Rouge, Nuon Chea, who granted Sambath scores of interviews.


Working with British filmmaker Rob Lemkin, Sambath turned the interviews into the award-winning "Enemies of the People" documentary, which was short-listed for an Oscar this year. The film will be used as evidence in the forthcoming trial of Nuon Chea.

This year's winners will be honored at ICFJ's Awards Dinner in Washington, D.C., on Nov. 1.

"These extraordinary journalists dare to tell stories that few have the courage to address," said ICFJ President Joyce Barnathan. "Because of them, we have an essential understanding of the tragedies faced by citizens in Mexico and Cambodia."

Seasoned journalists and Knight International Journalism Fellows nominated the candidates. Members of the jury included Jacqueline Barnathan, executive editor at CBS Newspath; Michelle Betz, a senior radio and television journalist and a former Knight Fellow; Ernesto Clavijo, news director of Univision in Washington; Craig Duff, director of multimedia for Time.com and former Knight Fellow; Calvin Sims, program officer at the Ford Foundation and former New York Times correspondent in Latin America and Asia; ICFJ Director John Towriss, executive vice president of TMG Strategies; and ICFJ's Barnathan.

The International Center for Journalists, a non-profit, professional organization, promotes quality journalism worldwide in the belief that independent, vigorous media are crucial in improving the human condition. For 27 years, ICFJ has worked directly with more than 65,000 journalists from 180 countries. ICFJ offers hands-on training workshops, seminars, fellowships and international exchanges to journalists and media managers around the globe. For more information, visit www.icfj.org.

Knight Foundation supports transformational ideas that promote quality journalism, advance media innovation, engage communities and foster the arts. We believe that democracy thrives when people and communities are informed and engaged. For more, visit www.knightfoundation.org.

SOURCE International Center for Journalists

CPP MP: Sam Rainsy has 2 choices (sic!)

Posted: 22 Jun 2011 08:26 AM PDT

21 June 2011
By Yun Samean
Radio Free Asia
Translated from Khmer by Soy
Click here to read the original article in Khmer

The chairman of the World Federation of Liberal International who is also a EU MP demanded that the Phnom Penh regime allows Sam Rainsy, the SRP President, to return home so he may participate in the 2013 general election. The EU MP asked that the Phnom Penh regime put into application the 1991 Paris Peace Agreements on Cambodia, and that it brings in election reform.

On Tuesday 21 June, CPP MP Cheam Yeap warned that Sam Rainsy can returned back to Cambodia only if he stops defaming the Phnom Penh regime, otherwise, Sam Rainsy will face jail.

Cheam Yeap's warning came after the chairman of the World Federation of Liberal International, who is also a powerful EU MP, demanded that the Phnom Penh regime allows Sam Rainsy to return to Cambodia so that he can safely join the election.


Sam Rainsy who is currently living in self-exile on Paris, France, fled the arrest against him by the Phnom Penh regime after the court sentenced him to more than one decade of jail for criticizing border problems with Vietnam. Cheam Yeap added that Sam Rainsy can return back to Cambodia, but he must face jail time first if he does not soften his stance against the government.

Cheam Yeap: "There are two choices that he can request. Like before, Sam Rainsy saw his immunity removed so that he may face jail on numerous occasions, but he was freed because the king put into application 2 cases: either the king has the right to pardon and lighten this sentence or the NatAss (National Assembly) has the right to pardon him."

The request by the chairman of the World Federation of Liberal International was made during the Liberal International's (LI) 57th congress held in the Philippines between 16 and 20 June. Sam Rainsy is himself a member of LI and during the congress, he proposed the formation of a federation to remove dictatorships. Sam Rainsy indicated that Hun Xen rules for the past 32 years, and he added that the majority of dictators are involved in crimes and impunity.

Cheam Yeap added that, even if Sam Rainsy is sentenced, Phnom Penh did not ask other countries to arrest him and send him back to Cambodia because Phnom Penh is indulgent to the opposition leader.

On Tuesday, Kimsour Phirith, SRP spokesman, was hopeful that international warning will push Phnom Penh to allow Sam Rainsy to return back home. He added that Phnom Penh did not ask for a repatriation of Sam Rainsy because it does not want to see the opposition being able to get involved in politics in Cambodia.

UN reform must include resignations BLUNK and ROSANDHAUG

Posted: 22 Jun 2011 03:27 AM PDT

Mr. Knut Rosandhaug is a mindless bureaucrat of the worst kind for victims of the Khmer Rouge mass crimes. He drove away the first and best possible chief of the ECCC Victims Support Section, Cambodian Keat Bophal, a woman of deep experience (hailed from the UN Office of the High Commissioner for Human Rights), caring personality and other stellar professional, educational credentials. He masterminded the mindless co-lead lawyers' scheme of civil party representation which strips away every meaningful participation of victims as "historic" civil "parties". After this scheme, a victim as "party" now exists on paper, as the actual rights of his/her party status are almost less than those of a "witness". At least a witness has a direct voice in the criminal proceeding detailing substantive facts; whereas now, a civil "party" is limited to testifying on the impact of the substantial facts.

It's difficult to divine Judge Siegfried Blunk's state of mind for his fantastic arrogance and ignorance of 21st-century Facebook-Twitter-KI-Media proportion in thinking he can hide securely behind the impenetrable veil of confidentiality and ignore his duty to keep the public and victims informed. How is the constant refrain of "Confidential" reasonable in light of the inactivity and silence of the last 20 months? He has failed the reasonableness test, the integrity test and the justice test. It is high time for both of them to go.

These men have soiled the ideals of truth, justice, reconciliation for the Cambodian victims in their anti-victim actions and policies. Their actions will further imbed the already deeply ingrained cynicism of the Cambodian population, the worst legacy imaginable for this fragile society of great distrust and trauma, as we struggle in the process of healing.

- Theary C. Seng, president Association of Khmer Rouge Victims in Cambodia

(AKRVC Press Release May 12, 2011)



Closing Order of Case 002 against Nuon Chea, Khieu Samphan, Ieng Sary, Ieng (Khiev) Thirith

Posted: 22 Jun 2011 02:39 AM PDT

In preparation for the start of trial hearings beginning on 27 June 2011 of Case 002 against the surviving Khmer Rouge senior leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, KI Media is starting a new series in posting installations of the public document of the Closing Order of Case 002.  The Closing Order of the Co-Investigating Judges forms the basic document from which all the parties (Co-Prosecutors, Co-Lead Lawyers for all civil parties, Defense Lawyers) will be making their arguments before the Trial Chamber judges (one Cambodian President, 2 Cambodian Judges, 2 UN judges).  Up until now, the hearings involving these four surviving senior Khmer Rouge leaders have been in the Pre-Trial Chamber over issues of pre-trial detention and jurisdictional issues.  Beginning in June 2011, the Trial Chamber will hear the substantive arguments over the criminal charges (e.g. genocide, crimes against humanity, penal code of 1956).  Available in Khmer and French.  Contact the ECCC for a free copy.


CLOSING ORDER
of Co-Investigating Judges You Bunleng and Marcel Lemonde, 15 September 2010
A. MOVEMENT OF THE POPULATION Movement of the Population from Phnom Penh (Phase 1)783



Means and Method of the Movement
Return to Phnom Penh
240.            One witness states the CPK would threaten people that they would be shot if they returned to Phnom Penh.908 Nuon Chea stated that the intention was to permit people to return to Phnom Penh909 and Ieng Sary stated in May 1977 that the cities were re-populated after the initial population movement to the countryside,910 and that people could choose to return to the city if they wished or could remain in the countryside.911 However, although there was indication that in rare circumstances some people were sent back to Phnom Penh to work,912 the city was largely empty of people except for limited numbers of soldiers and cadres913 until the fall of the CPK regime.914 According a statement by Pol Pot at a meeting on 6 June 1976, the population of Phnom Penh was then "more than 100,000"915 As of April 1977, this included 43,810 provided rations by the General Staff.916
241.            During the movement of the population from Phnom Penh, the people were often told by the CPK troops that they would only be away from their homes for a short time of two917 or three days, or up to a week or two.

244. Witnesses were further told that it was necessary to remove people from Phnom Penh to organise927 and clean up the city928 such as clearing away the ammunition.929 

245. Certain political justifications were also provided: some witnesses state that they were told that "Angkar" was waiting930 for them; that they were needed to build the rural economy,931 to build dams, canals, and work in the rice fields;932 and that the only persons authorised to remain in the city were members of the military working there.933 Others have also referred to the food shortage in Phnom Penh as a reason for the population movement and that food was supposedly more plentiful in the countryside.934 

246. These justifications referred to in the evidence of witnesses have been echoed in statements made by the Charged Persons. Ieng Thirith has referred generally in an interview she gave to a journalist in 1980 to the economic, political and military reasons for the movement of people from Phnom Penh.935 

247. Ieng Sary has stated in an interview with a journalist in 1975, as reiterated at a conference in 1978, that the primary reason for the population movement was food. He states that initially it was thought that there were two million people in Phnom Penh, however it was later discovered that the population of the city was actually three million. He states that prior to the CPK regime, Cambodia had received between 30 to 40,000 tons of food a month from the United States and that the CPK did not wish to ask the international community for aid, but that the CPK would have been unable to transport food from the countryside into the cities.936 Khieu Samphan has also stated in a radio interview in 2007 that the population was starving at the time, but conceded that there was not enough food in the countryside either; so people ate bananas with rice or manioc and only limited food aid was delivered from the allies of the CPK.937 However, in a prior statement, Khieu Samphan asserted that any government recently out of war would have faced the problem of starvation and he asserted that after moving people out of Phnom Penh, people had enough food in cooperatives.938 

248. The Charged Persons have also referred to the ideology of the regime as a justification for the population movement. In the face of the food crisis, Nuon Chea has asserted that the objective of the regime was to remain independent and sovereign.939 Khieu Samphan has also stated that Pol Pot did not want to live under the control of foreigners.940 The movement of people from the cities into the countryside has also been referred to by Nuon Chea as a component of the socialist revolution.941 Ieng Sary has stated that the objective was to transform the uninhabited quarters of the city into industrial sites.942 He also stated that it was necessary to train the people from the cities to endure moral and physical sufferings through hard labour.943 One witness refers to Ta Mok stating that it was viewed as not necessary to have markets or cities and that all the city population were to go to rural areas to build the rural economy.944 Duch states in interview that the CPK objectives were to turn the whole country into peasants, abolish privatisation, and to force the technicians to do farming so as to make them powerless and dependent on peasants.945 CPK-era documents state that reeducation was not deemed possible on a large scale and so it was necessary to "evacuate" people to the rural areas946 to stop "uncontrollable ideological contamination of the revolutionary ranks";947 and to participate in the movement to increase production, sustain the population, and contribute to defending and building the country.948 

249. Finally, with respect to security concerns, Nuon Chea has stated that it was necessary to move the people from Phnom Penh to facilitate the military defence of the country from Vietnam949 to protect the people from war.950 Ieng Sary referred to a secret document allegedly obtained from the CIA concerning plans to infiltrate the city.951 Khieu Samphan referred to the perceived need to make the country strong to fight the enemy.952 CPK-era documents state that if the population had not left the cities, the enemies might have been able to launch surprise attacks from behind.953

Planning
250. Prior to 1975, the CPK had implemented a policy of removing people from the towns and cities that came under their control: people were moved totally or partially from urban areas in Steung Treng, Kratie, Banam and Udong.954
251. According to some witnesses, the decision to move the population from Phnom Penh was made in February 1975955 and was a deliberate plan of the CPK senior leaders. 956 According to a former East Zone cadre, this decision was followed in February 1975 by orders from Pol Pot that all districts and sectors should prepare by building houses to receive people from Phnom Penh.957
252. One witness explained that in early April 1975 a meeting took place at Pol Pot's office in Tang Poun Village, Kampong Tralach (Leu) District, Kampong Chhnang Province which was focused on the plan to move the population from Phnom Penh. 958 Although there was no official record taken of the meeting, Nuon Chea and Khieu Samphan each participated in the meeting959 and took their own notes.960 The commanders were told to "set up meetings when they returned to their sectors and make plans to evacuate the people from the cities under their responsibilities. This information was subsequently published in the Revolutionary Flag and the [Kampuchean] Front Flag and was issued to all Party members" (although there is no known existing record of such publications).961
253.            An additional witness refers to a coordination meeting prior to 17 April 1975 to which all CPK commanders of his unit (then the North Zone Division 1, later Centre Division 310) were invited as reported to him by Et, the commander of his Battalion.962 Another witness states that about one month before the entry into Phnom Penh, a meeting was held in Phnom Sar (the headquarters of the CPK military command of Kampot). Sek, the Chief of Staff of Southwest Zone Sector 35, chaired the meeting. Southwest Zone Secretary Ta Mok stated that it was not necessary to have markets or cities and that all people must be evacuated from the cities to the rural areas in order to build the rural economy in two days after occupying the
963
city.
254.            Some witnesses state that Sam Bit, Commander of Division 2 of the Southwest Zone, attended a meeting with upper-echelon CPK members where it was said that Phnom Penh had to be evacuated to find Lon Nol elements.964 This information was then disseminated from this meeting down to regimental and battalion levels.965
255.            Former low-level CPK cadres also state that they were informed in advance of the plan to remove the people from Phnom Penh. One CPK soldier was told that "Angkar" had a plan to evacuate the people to their birth districts.966 Another witness states that North Zone Division 1 Secretary Oeun made an order to his group regarding the movement of the population about three days before "liberation";161 whereas another former soldier also refers to being informed by [REDACTED] three days before the attack on Phnom Penh.968
256.            However, other low-level CPK cadres also state that there were no prior instructions.969 Furthermore, some soldiers were only told to commence moving the population after being in the city for several days.970
257.            CPK soldiers also received instructions from their superiors to move people from Phnom Penh through the military chain of command.971 Division 310 (North Zone Division 1) 2nd regiment (later 723rd) received the order to evacuate people from the Commander named Chheang and also from the Commander Oeun. CPK soldiers also referred to the "upper- echelon" or "Angkar" as issuing the instruction to leave the city.974
258.           With respect to the involvement of the Charged Persons in the decision-making process, Nuon Chea was involved in the military planning of the CPK regarding the attack on Phnom Penh as witnessed by his participation in meetings with military leaders.975 In a statement to a journalist Nuon Chea stated that the decision to evacuate people from cities was made by "the Party Centre... At the time, individuals each helped a little to originate ideas, it was combining this with that"916 Nuon Chea further stated that "we attacked and we took military bases inside. So by 17 April 75, liberation, the army went in and completely liberated Phnom Penh".977 Ieng Sary stated in a written statement in 1996 that the decision was made by Pol Pot without his knowledge978 although he states he attempted to dissuade Pol Pot, stating that "in 1974 I talked with Pol Pot that taking people out of Stung Treng and Kratie was easy because there weren't many people, but evacuating people out of Phnom Penh would not be so easy, everything must be thoroughly arranged because there were millions of people". 979 Ieng Sary has also stated that "all decisions were made by the committee of the four [including himself and Nuon Chea]. The evacuation of people from the cities did not involve my participation in the decision ... [upon return from Peking on 23 of April] I saw that the town had already been deserted of its inhabitants ".980 According to Ieng Sary, the authoritative decision to "evacuate" Phnom Penh was made in late March or early April 1975.981 Khieu Samphan stated in a radio interview that he was against the population movement but that it had to be done for the good of the city dwellers,982 and he stated in another interview that such steps were "thought and planned by the Standing Committee" .983 Ieng Thirith stated in an interview with Elizabeth Becker in 1980 that she did not know when the Phonm Penh evacuation decision was made because she was elsewhere at the
time.984
259. With respect to the presence of the Charged Persons in Phnom Penh, Nuon Chea left the former CPK headquarters on 17th April and arrived at Phnom Penh on or around 20th April.985 Ieng Sary stated that he arrived in Phnom Penh on 23 April 1975 from Peking,986 Ieng Thirith stated in an interview with Elizabeth Becker that she arrived in Phnom Penh around June, but that she knew of the evacuation before she arrived,987 and Khieu Samphan stated that he entered Phnom Penh 7-10 days after 17 April 1975.988
260. Based on the foregoing evidence, the decision to move people from Phnom Penh was made largely by Pol Pot in February 197 5 989 with plans already disseminated to prepare the reception of persons from Phnom Penh that same month.990 Further involvement in the development of this plan by members of the Party Centre991 also took place through meetings in late March or early April 1975,992 including the participation of Nuon Chea, Khieu Samphan and Ieng Sary.993 Although Ieng Sary was out of the country at the time, there is evidence that he received communications of decisions and that he had already discussed the matter with Pol Pot in 1974.994 There were then meetings with lower level cadre to

disseminate this decision995 and some CPK troops were told in advance of the attack on Phnom Penh,996 however others were not informed until they received the order to remove people from the city.997
***
261. Six hundred and sixty four (664) civil parties were declared admissible in the context of the movement of the population from Phnom Penh (Phase 1)998, since the alleged crimes described in the application were considered as being more likely than not to be true, pursuant to Internal Rule 23 bis (4). These civil parties have provided sufficient elements tending to establish prima facie personal harm as a direct consequence of the crimes committed in the context of the movement of the population from Phnom Penh (Phase 1).


New Domains May Subvert Censorship

Posted: 22 Jun 2011 12:40 AM PDT


An increase in available domain names may weaken China's Great Firewall.

2011-06-21
Radio Free Asia

A new law expanding the number of domains available on the Internet could allow Chinese Internet users to bypass the country's sophisticated system of online censorship known as the Great Firewall, or GFW, according to netizens.

On Monday, the Internet Corporation for Assigned Names and Numbers (ICANN), the global Internet domain regulator, announced it would dramatically increase the number of Internet domain name endings—referred to as generic top-level domains (gTLDs).

Twenty-two gTLDs are currently in use, including such familiar domains as .com, .org, and .net, but ICANN's announcement means that websites can soon be registered with suffixes consisting of nearly any word in any language, changing the way netizens search for information.

"This is the greatest change in the history of the Internet—ending the era of .com only," said Xi Xili, a netizen in China.


"From now on, there might be a cyber-address ending with sensitive terms in Chinese pinyin such as .liusi or .falungong," he added.

"Liusi" is the Chinese pinyin for "June 4th," the day when troops opened fire on pro-democracy demonstrators in Beijing's Tiananmen Square in 1989, killing thousands according to some estimates.

"Falungong" is the name of a religious meditation group that was banned by Beijing in 1999. Its members are the target of an ongoing government crackdown.

Technological limits remain

Beijing-based Internet technology expert Dong Xiaoxing was less optimistic.

"Censors can still block the new domain names because the technical principles are the same," he said. "But more choices for users are encouraging," he added.

On Monday, the Chinese Communist Party mouthpiece People's Daily group unveiled a new search engine www.jike.com.

Tests revealed that many sensitive terms, such as "liusi," remain filtered out from search results.

"The government's search engine is always the same old thing, but sometimes with a different label," said Shanghai-based netizen Mo Nan.

Internet controls tightened

China imposes a complex system of blocks, keyword filters, and human censorship known collectively as the Great Firewall, or GFW.

In May, China set up a nationwide command center to oversee the country's 477 million netizens and to "manage information" on the Internet, prompting fears that online controls will get tighter still.

The State Internet Information Office, directly under the control of China's cabinet, or State Council, will "direct, coordinate, and supervise online content management," official media reported.

The most recent crackdown on dissent in China began following anonymous online calls for a "Jasmine" revolution, inspired by recent uprisings in the Middle East.

Rights groups say dozens of activists, lawyers, and cyber-dissidents have been detained, sent to labor camp, or sentenced to jail terms for subversion.

Reported by Xin Yu for RFA's Mandarin service. Translated by Ping Chen. Written in English by Joshua Lipes.

Tunisian court sentences Ben Ali, wife to 35 years

Posted: 22 Jun 2011 12:34 AM PDT

http://www.youtube.com/watch?v=7hjC9BZClQY&feature=player_embedded

Tomorrow is Today - VOKK's Editorial

Posted: 22 Jun 2011 12:26 AM PDT


http://www.box.net/shared/ak6z65fb0tiquj6vf11s

Click on the control below to listen to the VOKK program in Khmer:

PAD Thai supporters rally at Unesco office [... for Pad See Ew?]

Posted: 22 Jun 2011 12:11 AM PDT

A yellow-shirt protester, led by Chamlong Srimuang of the People's Alliance for Democracy (PAD) (not pictured), holds a placard during a rally outsideBangkok's UNESCO building to demand the delisting of the Preah Vihear temple as a World Heritage site June 22, 2011. Fighting between Thai and Cambodian troops over the 12th century temple has turned into Southeast Asia's bloodiest border dispute in years. The temple was granted UNESCO World Heritage status in 2008, a decision fiercely opposed by Thailand on the grounds that the land around Preah Vihear was never demarcated. The protest was held to coincide with the World Heritage Committee meeting in France. The placard reads: "UNESCO stop serving tyrant (Cambodia's Prime Minister) Hun Sen. REUTERS/Sukree Sukplang
22/06/2011
Bangkok Post

About 1,000 supporters of the People's Alliance for Democracy (PAD) on Wednesday morning rallied in front of the Bangkok office of Unesco on Sukhumvit road.

They demanded the United Nations' cultural organisation withdraw the World Heritage status of the Phrea Vihear temple and postpone the World Heritage Committee's deliberation of the management plan proposed by Cambodia.

Maj-Gen Chamlong Srimuang, representing the PAD and Kingdom of Thailand Defence Committee, submitted a letter containing the demand addressed to the Unesco head office in Paris through its Bangkok office.

The rally caused heavy traffic congestion on Sukhumvit road.

Community resistance to forced evictions

Posted: 21 Jun 2011 11:38 PM PDT

http://www.youtube.com/watch?v=mS8GFAhyL9g&feature=channel_video_title

Venerable Monk Loun Sovath responds to threats in Cambodia

Posted: 21 Jun 2011 11:31 PM PDT

http://www.youtube.com/watch?feature=player_embedded&v=F0bJ52cW-eg

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