The government did not silence your rights, and nowadays you have far too many rights; the government is always creating happiness and security.

The Prey Lang Community Network of anti-logging activists announced yesterday that late last month it had accepted the Alexander Soros Foundation's $25,000 Award for Extraordinary Achievement in Environmental and Human Rights Activism on behalf of slain environmental crusader Chut Wutty.

In a statement, PLCN said giving the grant to the network "represents the best way to make sure Wutty's work is continued".

Speaking to reporters yesterday, PLCN representative Hoeun Sopheap said the award would help fund renewed patrols, adding that "forest crime has increased twofold" during recent political turmoil.

The Alexander Soros Foundation is a US-based organisation that promotes social justice, according to its website.

A delegation of 28 vovinam practitioners have been sent to Ho Chi Minh City for a eight-week training course ahead of participation at the 27th SEA Games in Myanmar in December.

The course, held thanks to cooperation between the National Olympic Committee of Cambodia and Vietnam, will see each athlete offered free accommodation, food and training from the Vietnamese authorities as well as 800,000 riel (US$197) from Cambodia's Ministry of Education, Youth and Sport.

The breathtaking Bokor mountain, the crowning glory of Teuk Chhou district in Kampot province, provides an exciting and unique setting for the inaugural Thansur Bokor International Half Marathon and Bike Race on the weekend of October 26-27.

Organised by Thansur Bokor Hotel and Resorts, an affiliate of the renowned Sokha Hotel Group, with the active involvement of the National Olympic Committee of Cambodia, the half marathon affords international and local athletes a rare opportunity to explore the mystical beauty of the mountain while catching a glimpse of some 20th century architectural excellence.

"Part of the proceeds will go to charitable causes, notably Kantha Bopha Children's Hospital. Our motive is to promote sport tourism and protect nature [while] at the same time support Cambodian children," Thansur Bokor General Manager Michael Brabsche said at a media conference at the NOCC headquarters on Wednesday.

"With the Royal Government granting permission to the Sokha Group to build asphalt road from the foot of the mountain to the summit, visitors can now get access to amazing scenery combining a view of the sea, forestry and vegetation. This charity run on October 27 will be an unforgettable experience for participants," he added.

The first of its kind 21km hill run – along with 10km and 5km road races and a 3km fun run – assumes the added significance of becoming Cambodia's fourth international charity run following the illustrious examples of annual Angkor Wat, Phnom Penh and Sihanoukville events.

Around 500 runners have registered so far in various categories and the organisers expect that number to double by the registration deadline of October 23.

"The NOCC is happy that the country can now promote another international charity run. This is a big boost for sport tourism in the country, a sector which is a top priority for us," NOCC Secretary General Vath Chamroeun, who was recently promoted to under secretary of state at the Ministry of Tourism, told the Post.

Response from local and international bikers for the October 26 mountain climb, named the Preah Monivong Bokor Cycling Challenge, has also been encouraging.

Buoyed by the success of a similar event held on May 5, the biking community is agog with excitement and the organisers have put in place four different categories to cover men, women and children of all ages and riding skills.

An Elite class competition over 50km for men is open to experienced road bike riders while in open categories for veterans (40 and over) and other age groups, the riders have been given a choice between road and mountain bikes.

The women's event over 30km is expected to attract the country's top riders, some of whom will be representing Cambodia for the first time in the forthcoming Southeast Asian Games in Myanmar.

The winners in both the running and cycling events will receive trophies, medals and other prizes while every participant will get an event souvenir medal.

Online registration for both running and cycling can be done through www.thansurbokor.com/preah-monivong.bokor-marathon, on the official Facebook page (www.facebook.com/PreahMonivongBokorMarathon) or via www.instagram.com/preahmonivongbokormarathon#.

Registrations can also be made by phone with Sokha Club Hotel, Phnom Penh (023990123), Sokha Angkor Resort, Siem Reap (063969999), Sokha Beach Resort, Sihanouk Ville (034935999) and Thansur Bokor Highland Resort, Kampot (0336838888).

Dear Editor,

I write in response to yesterday's Phnom Penh Post article "Rainsy's Reasoning Questioned".

My position as an American-trained lawyer and Cambodian civil society leader aligns with that of Sam Rainsy's.

Like him, I am at once alarmed and bemused by the Cambodian People's Party's audacity and facility in violating clear provisions of the Constitution, the "supreme law of the land".

It would be outright hilarious if not for the possible acceptance of fait accompli (or, in CPP idiom, "the rice has been cooked") based on the false-but-residual perception of CPP's invincibility.

I notice that some Cambodians genuinely believe the law to be synonymous with justice, and equate it with being "official" and "the rice has been cooked" fail accompli mentality.

Let me categorically disabuse this thinking:

First, the law is manmade and open to error. The law can be, and here is often, used as a weapon against justice, where "For my friends, whatever they want; for my enemies, the law". There exists manifestly "unjust law", but we do not say, "unjust justice".

Second, what appears to be "official" or fait accompli is in reality subject to change if it manifestly violates the "supreme law of the land" and proves insupportable by the democratic process in a changing populous environment of the Cambodia Spring where citizens are the new fourth estate.

Both my observations address a misunderstanding and misinterpretation of statutes. An "expert" may have an opinion, but it must pass the "laugh" or absurdity test.

Basically, any interpretation of a written statute or legislation looks at the letter and spirit of the law.

Proper legal interpretation starts with the plain language of the statute to discover its original intent. That is to say, we discover the original intent of the law by looking at the words of the statute and apply their usual and ordinary meanings.

With the issue at hand, the Cambodian Constitution expressly, unambiguously, states: "The National Assembly consists of at least 120 members" (Art. 76).

Here, the presence of only 68 highly contested members from only one party simply fails to satisfy Article 76.

If, after looking at the language or "letter" of the Constitution, the meaning of the statute remains unclear, we divine the intent of the law by looking at the history, process and other sources. Generally, we disregard any interpretation that would create an absurd result which the original drafters and lawmakers did not intend.

Or, what one of my law professors posits: "Does it pass the laugh test?"

With the present political impasse, the issue is whether the sole presence of the CPP satisfy the Constitutional intent of "a multi-party liberal democratic regime guaranteeing human rights and the respect of law" (Preamble, Art. 51) of the Paris Peace Agreements whereby the international community pour an unprecedented US$2.4 billion and 24,000 UN berets into this democratic process?

The answer is an unequivocal, resounding NO!

We can call the current National Assembly and the government whatever else, but let us not be dogmatically, hard-headedly wrong in calling it "legitimate", "legal" or "constitutional". They are far from any such thing.

And no monarch's presence or expert opinion can make them otherwise.

Where a statute and case law conflict, it is generally presumed that the statute takes precedence over case law. The body responsible for interpreting the Constitution, aptly named the Constitutional Council, has already ruled in an unambiguous decision (case law) on the issue of National Assembly formation, in a similar situation of political impasse in 2003: "This means that there shall be at least 120 deputies to be able to form the National Assembly at every legislature … a necessary condition for the formation of a National Assembly but not for its functioning" (Constitutional Council, 22 July 2003 decision).

Thus, not only does the ruling of the highest court in the land not conflict with the "supreme law of the land", but both Constitution provisions and the Constitutional Council's decision are in sync in expressly ruling against the current CPP-established National Assembly and the CPP-established Government.

The law is a servant of justice, and thus must serve the will and intent of "we, the Cambodian people", the heart of the Constitution, National Assembly, and government in a "liberal, multi-party democracy".

It is true that no one or few elected representatives can hijack the establishment process by failing without cause to show up at the inaugural oath-swearing first session.

But here, in light of the totality of circumstances of the election season of widespread fraud, the CPP's repeatedly refusal to an independent joint commission and its rush unilaterally to expedite the process of establishing the National Assembly and government:

Can we say that 55 CNRP members of a 120-mandated National Assembly not have cause?

That the CNRP who also claimed victory not represent "We, the People of Cambodia"?

That, because the CPP rushed the process of "officialdom" via its controlled National Election Committee, it's fait accompli, without review or contest, thus "constitutional"?

The National Assembly is prima facie unconstitutional; the government is prima facie unconstitutional.

Theary C Seng
US-trained lawyer
Founding president,
CIVICUS: Center for Cambodian Civic Education

After almost 20 years in the electronics market, KFour is still expanding and expects the ASEAN Economic Community to bring further success. At the electronic retailer's new headquarters, operations manager Bunarong Kit sits down with the Post's Laura Ma to discuss Cambodia's tech obsession.

How has KFour grown?
We started as a very small shop in 1994, now we have eight branches. Between 2009 and 2012, our biggest growth was TVs and home appliances with over seven per cent annually. From 2012, the biggest growth has been in smartphones and tablets. From the beginning of the year we have seen monthly sales rise roughly nine per cent compared year on year with the last three years. Since 2009, we have grown around 10 per cent a year, which is huge for electronics because the margins are usually very low.

What makes KFour successful?
We're a one-stop shop for a lot of brands. We don't focus on a limited number of brands. Our exclusive authorised brands are one of our main competitive advantages, offering brands other retailers can't. Also, we adapt to our customers' wants and needs. Cambodians are used to getting a discount, they love bargaining. If they ask for it nicely enough, and we feel like it, we'll likely discount it.

How has the technology market changed?
The growth in smartphones has been huge over the last two years. They have overtaken TVs and home appliances. We see people with a couple of smartphones in their pocket or in their bag. There's an obsession with everything smart – TVs, fridges, air-conditioning, even smart washing machines. You can control it from your smartphone. A [smart] 32-inch TV can cost just as much as a 50 inch. But people buy it because of these features. It's a huge status symbol.

How successful was the launch of the iPhone 5S and 5C?
The 5S has been a huge success for Apple. The 5C, not so much. For every one customer that buys the 5C, 20 customers buy the 5S. Since the launch, the demand for the previous iPhone 5 has actually gone higher. The 5 is metallic, the 5C is basically the 5 on plastic. People in Cambodia don't like plastic, it feels cheap.

How does the iPhone drive your business?
We actually didn't sell them at first because we didn't want grey products. But demand was so high we had to accommodate customers somehow. We're in talks with Apple to open up an Apple corner inside all KFour branches. They think the market in Cambodia is too small, but we're waiting for them to change their mind.

Why do you want to be an authorised dealer if you already sell them?
Bringing in authorised iPhones raises our own brand image and brings traffic into the store. It doesn't matter if we don't make money with it. Customers come in to look and play with the phones and tablets and they will likely leave buying something else. It's a hero product, a traffic generator. Bringing in authorised iPhones also means warranties. In the past people didn't care about warranties, but we're more educated now.

How does the grey market affect KFour?

It's a headache for us to have customers come in with a product [they got off the grey market] that we can't service because they won't have a warranty from us. Unhappy customers mean we weren't able to provide good enough service. This affects us in the long term. People in Cambodia don't think long term enough but that's changing. Grey products create price wars. Education on warranties and quality will help kill the grey market. With the exception of the iPhone, we don't focus on grey products anymore. Samsung's market used to be 20/80 real product to grey product ratio. But it's dropped to 50/50 now. We foresee that dropping even more in the future.

This interview has been edited for length and clarity.

The Court of Appeal yesterday upheld a defamation conviction and corresponding three-year sentence for a newspaper publisher and his business partner.

Last February, Hang Chamreun, who publishes the Ponleu Samaki newspaper and runs a construction business, was charged with defamation, while his business partner, Phai Bunthoeun, was convicted of assisting defamation.

"I cannot be quiet since this decision is absolutely unfair to us and I have launched an appeal to the Supreme Court already," Chamreun said.

Charges against Chamreun and Samaki came after Chamreun filed a series of complaints against the ACU, the Supreme Court, the Phnom Penh Court and a government lawyer.

Three men accused of raping and killing a 35-year-old widow in Russey Keo district earlier this year were tried by the Phnom Penh Municipal Court yesterday.

So Sam Oeun, 42, Nuth Neth, 21, and Hean Mean, 33, all face charges of aggravated intentional murder for the gang rape and killing last April of Oeun Em, a palm wine seller, presiding judge Kor Vandy said yesterday.

"They entered into the victim's rental room while she was sleeping alone on April 13 at midnight. They each forcibly raped her successfully, and after, they killed her by breaking her neck," he alleged.

The three accused men were allegedly drinking together to celebrate the Khmer New Year and around midnight headed to Sam Oeun's room, which neighboured the victim's rental room.

Sam Oeun, the only one of the suspects present at the trial, maintained that he reported the crime but was not a perpetrator.

"I would like to deny the court's accusation against me," he said yesterday. "The persons who entered her room and forcibly raped her on that night … were Nuth Neth and Hean Mean, who both escaped."

He added that he heard the victim shout for help, but did not go to her because he was too drunk to wake himself up, though he did report the crime to the victim's family and the police the following day.

"There is no real proof or evidence to show that my client committed the offence as he is accused. Therefore, I would like to request the court to drop charges against him and release him," said Neang Hai, Sam Oeun's defence lawyer.

Dengue-related deaths have dropped 71 per cent during the first nine months of this year when compared to the same period last year, according to officials at the National Center for Parasitology, Entomology and Malaria Control.

While 157 died because of dengue in 2012, only 45 deaths have been recorded by government officials during the same period this year.

Dr Char Meng Chuor, director of the centre, told the Post that between January and September this year, the decrease in dengue-related deaths was considerable, citing 15,193 cases compared with 36,958 cases during the same period last year.

"We will continue working hard to prevent this disease, even if it decreases," Meng Chuor said yesterday.

Dr Chantha Ngan, director of the Ministry of Health's anti-dengue program, said the drop was due to protracted efforts to crack down on the disease, but also possibly tied to the unusually rainy year, which serves as a way to "flush out standing water".

But the numbers remain sobering. In Cambodia, like in other poorer countries, cases are likely under-reported because tracking hinges on the number of patients recorded by local hospitals. Anyone too weak to travel or unable to pay out-of-pocket medical fees won't make the final count.

Previous years point to outbreaks beginning in April and May, peaking from August to September and typically diminishing in correlation with the rainy season, a pattern that varies in severity by province.

Dr Ngan called for continued vigilance on the part of citizens during the rainy season.

"Flooding during the rainy season can often help flush out sitting water being used as breeding grounds but small [water] containers near homes can still spread the disease," he said.

Phnom Penh Municipal Court yesterday charged an alleged gunman for his role in the armed robberies and shootings of two foreign nationals late last month, a police official said.

Sa Ravan, 25, was charged with robbery and illegal weapons use, deputy municipal police chief Chuon Narin said.

"He has been sent to jail at Prey Sar prison now," he said.

Ravan's associate, Chea Sovann, 32, remains hospitalised. He was shot four times when he opened fire at the police while attempting to evade arrest on Monday night. Police have said similar charges await him.

The pair allegedly confessed to eight armed robberies during the past month. The highest profile of those were two separate robberies, during which an American man and a Japanese woman were shot.

According to Narin, Ravan had only just recently been released from jail – where he had served time for a robbery-murder – when the crimes occurred.

They are humans, not rocks …so they can escape when evacuated.

Cambodian director Rithy Panh's film The Missing Picture has been submitted for the 86th Academy Awards.

The movie, which tells Panh's autobiographical story of how his family members were killed during the Khmer Rouge genocide of the 1970s, has been selected as Cambodia's entry for the Oscars' Best Foreign Language Film category.

A shortlist of the 76 entries will be announced in January next year, followed by the final nominations and then the official winners in March.

Cambodia has previously submitted two films to the category, the first being the docudrama Rice People in 1994, also directed by Panh and depicting a rural family attempting to put their lives back together after the Khmer Rouge.

Lost Loves, a drama also dealing with the Khmer Rouge regime and directed by Chhay Bora, was submitted last year.

Panh, who escaped to Thailand following the Khmer Rouge and then to France where he learned filmmaking skills, was named Asian Filmmaker of the Year at the Busan International Film Festival in South Korea last week.

Earlier this year, he won the Un Certain Regard section at the Cannes International Film Festival.

The Missing Picture uses clay figures, previously unscreened archival footage of the Pol Pot era and narration to depict the plight of Panh's family.

Mariam Arthur, chairwoman of the Cambodia Oscar Selection Committee, which selected the film for submission, said the panel members were incredibly moved by the film.

"They felt that it told a story in a new way and in a very avant-garde cinematic way, and that it was worthy of representing Cambodia to the world," she said.

Cedric Eloy, CEO of the Cambodia Film Commission, said: "We are very happy that the film will compete with the best films of the world in the Academy competition.

"We are convinced that this film is very unique in its form and has a universal outreach.

"It summarises the work of a lifetime that Rithy Panh has pursued throughout his career."

He added: "An Academy Award nomination or award for The Missing Picture would mean very special visibility, but [even without this] Cambodian cinema has been on the way up in the last few years."

Anti-corruption Unit pre­sident Om Yentieng announced plans to arrest a tax official implicated in graft, but declined to offer specifics about the case yesterday.

Speaking at the opening of a two-day anti-corruption workshop two weeks after Prime Minister Hun Sen gave a speech focusing on reform, Yentieng promised to weed out corruption, but again declined to offer any specifics on how the agency – accused of being toothless by rights groups and the opposition – would accomplish this goal.

"Look at your image in mirrors, all of you," Yentieng said, promising that those who failed to reform would be arrested.

"If you find that you are wrong, correct yourself. No one must ask for money in hospitals, or markets, or on the roads," he added.

When reached later, Yentieng and ACU spokesman Keo Remy declined to comment further on the agency's plans.

But when asked by reporters at the event how many complaints had been filed to the ACU and how many had resulted in arrests, Yentieng again shied away from specifics, saying that about 30 complaints had been filed to the ACU in "the first term" of this year, and that two or three had been actively investigated.

However, Preap Kol, executive director of Transparency International Cambodia, which participated in the workshop, said the ACU had received many complaints since its 2010 inception.

"The current mechanism is not effective. We don't know the level of ACU officials' skills. As far as I know, more than 1,000 complaints have been filed to the Anti-Corruption Unit, but there is only a little bit of complaints investigated," Kol said, pegging the amount at about 30 per cent. "We are waiting to see at what level the [ACU] will enforce [the law]."

Meanwhile, Cambodia National Rescue Party spokesman Yim Sovann criticised the ACU for failing to take on corruption at leadership levels.

"As long as there is no change of [leaders], the leaders are still the same, so [corruption] is still the same," he said.

Seven years after a man convicted of murder requested an appeal hearing, his case was heard yesterday.

In 2006, Kheng Cheang, 28, was sentenced to 15 years in prison in Preah Sihanouk after assisting in a murder.

On November 29, 2005, Cheang allegedly held a stick used to beat a man unconscious in an attack that saw another man stabbed to death by one of five suspects.

In 2006, the court charged Cheang with intentional murder, sentencing him to 15 years in prison and ordering him to pay $1,500 compensation.

Cheang appealed the sentence, but was made to pay $9,000 to the victims' families.

In court yesterday, he claimed he did not know the victims and wished to be released.

"I have not committed the crime.... I have been in prison for seven years already, and I ask the court to please bring justice and free me," he said.

The Appeal Court will deliver a verdict on October 22.

Opposition attempts to collect supporters' thumbprints in public spaces across Phnom Penh have "endangered public order" and should be stopped, according to a letter from City Hall obtained yesterday.

But the Cambodia National Rescue Party yesterday vowed to continue its drive to collect "more than a million" thumbprints ahead of a planned October 23 rally.

Phnom Penh Deputy Governor Khoung Sreng wrote to the CNRP on Tuesday to request that the party restrict the gathering of thumbprints to its offices.

"For days, CNRP activists have gathered supporters' thumbprints in markets, public areas and houses in the capital," Khoung Sreng said in the letter. "It has [negatively] affected people's daily lives, disrupted their businesses, as well as affected people's feelings and endangered public order, especially [as the CNRP] did not ask for permission from the authorities."

The CNRP began the petition on Sunday following a party congress held in Freedom Park, which called for an investigation into the disputed July election.

Ho Vann, a CNRP parliamentarian and deputy chief of the party's Phnom Penh working group, said yesterday he had not received the letter but added that he saw the move as an illegal attempt to silence freedom of expression.

"The municipality's letter is illegal. [Khoung Sreng] has to recognise the rights of citizens to freedom of expression. I think it does not affect public order and there is no law [governing this], not even the Constitution," he said.

"We will not stop. We will still carry on until October 21 and on … October 23 we will submit them to the United Nations and foreign embassies that are signatories of the Paris Peace Accords."

The municipality did not specify what, if any, action might be taken if the request was ignored.

Srey Pov, 27, a food vendor in Meanchey district's Chbar Ampov market, said she was not afraid of giving her thumbprint to the CNRP, because she wants to see political change.

"There is injustice in society that the present government never tries to settle, so we want new leadership," she said, adding that if a ban was put into effect, the thumbprints would be gathered in secret.

Chan Soveth, senior monitor for rights group Adhoc, said the move was a further sign the authorities were ill-at-ease with people openly expressing their political opinions following the election.

"The government is worried, because it has only created a half-government, so they worry about people's expression," he said. "If one is not happy, they do not need to give their thumbprint, but they have no right to prevent anybody from giving theirs. If anyone prevents or intimidates someone for doing it, then it's illegal."

In August, the Cambodian People's Party was accused of intimidating voters in the capital into lending their thumbprints to letters supporting preliminary election results disputed by the CNRP.

Raw sewage spewed onto Street 105 from the antiquated discharge canal running parallel to it yesterday as heavy rains continued to create headaches in the capital.

The putrid water lipped homes and local business on the street in Chamkarmon's Boeung Trabek commune, alarming residents.

Pich Panha, 20, a local resident living about 17 metres from the open sewage canal, said the water had been steadily rising for two days.

"We're worried about getting dengue fever [from the mounting sitting water] so we're trying to be extra careful," Pich Panha said, against a backdrop of thigh-high sewage water brimming with floating trash and discarded bottles.

The city was pelted with heavy rain that began at about 3pm on Tuesday and continued until around 5:30pm, according to Touch Meas Snguon, a 38-year-old motorbike taxi driver renting a room dangerously close to the odorous overflow.

"I could not make money today. My motorbike is broken after I drove it through the water last night," Snguon said.

But Snguon noted that locals were accustomed to living around wastewater and rarely got sick, while repeatedly emphasising it was rainwater, not sewage, seeping onto the street.

Water levels at Boeung Trabek Pumping Station hit six metres on Monday night following heavy rain, up from the normal 3.6-metre mark, 71-year-old Em Sothat, an employee at the station, said.

"We usually use only three machines to pump water, but since Tuesday night, five more machines have been used," Sothat said, adding that the water hit peak levels this year during Tuesday's downpour.

Togo Uchida, a project formulation adviser in charge of environment and climate change at the Japan International Cooperation Agency (JICA), said the organisation has been working with City Hall since 1999 to repair and expand the city's existing drainage system.

"What I've heard unofficially is the pumping system [connected to Boeung Trabek Pumping Station] is manned by eight pipes. The issue with the open sewage channel, one which City Hall has been working to improve for many years, is maintaining the channel's cleanliness," Uchida said.

Wastewater travels through Phnom Penh's central piping through the open canals to Boeung Trabek.

It is then partially purified by morning glory and lotus growing in waters north of the station. Chreang Sophan, a deputy governor in the capital, cited climate change and a rapidly growing urban population as among the blockades slowing repair of citywide drainage systems.

"The population is growing very fast, [faster than] most of our drainage systems have expanded," Sophan said.

Both Uchida and Sophan highlighted how skyrocketing urban development is outpacing expansion of the city's drainage system, a key component in City Hall and JICA's frequently criticised execution of the project.

The number of tourists who have visited Preah Vihear temple so far this year dropped 30 per cent from the same nine-month period in 2012, according to official statistics.

You Sovan, deputy chief of the Preah Vihear provincial tourism department, said that while interest from foreigners was increasing, Cambodians aren't going as often as in recent years.

"The temple had been popular for many years with our local tourists. That's why now they don't want to visit it much like before. Moreover, now we have so many new tourist destinations nationwide, that is also causing the drop."

From January through September, some 54,000 tourists showed up at the temple located at the northern Thai border. Approximately 77,400 made the trip in the 2012 time frame. Domestic visits fell 36 per cent to 45,900, while foreign tourists accounted for a 54 per cent bump to 8,100.

The decrease occurred mainly during the last three months, reversing an upward trend in visits to the temple over the first half of 2013.

Preah Vihear is at the centre of an ongoing dispute between Cambodia and Thailand over 2.4 square kilometres of land that surrounds the temple.

Opinion

On this 10th of October, citizens of the world will acknowledge the progress made globally in human dignity and civilisation by celebrating the 11th World Day against the Death Penalty.

The death penalty undermines human dignity and is irreconcilable with human rights, in particular the most sacred of all human rights: the right to life. The death penalty invariably entails cruel, inhuman and degrading treatment in violation of international law. The death penalty fails to provide deterrence to criminal behaviour, and its application is marred with opacity, inequity and discrimination. Any miscarriage of justice – inevitable in any legal system – is irreversible.

It is therefore encouraging that the global trend towards abolition continues to be positive. Over the last 20 years, the number of countries that have abolished the death penalty by law for all crimes has grown from 55 to 97. Today, more than 150 countries – more than two-thirds of the countries of the world – have abolished the death penalty or do not practice it. The United Nations General Assembly adopted for the fourth time last December a resolution on moratoriums on the use of the death penalty, aiming to abolish it, once again with an increased number of states voting in favour, including Cambodia.

But we cannot sit content with the progress. There are, also, worrying developments. Several states have resumed executions, including states with long-standing de facto moratoriums; others have reintroduced the use of the death penalty or extended its scope in their legislation.

It is in such context that the voice against the death penalty should always be stronger.

"It is crucial that leaders champion abolition, and encourage their neighbours and allies to follow the same path. Even though the great majority of states no longer apply the death penalty, this majority does not speak with a sufficiently strong and united voice," UN High Commissioner for Human Rights Navi Pillay stressed at the 5th World Congress against the Death Penalty last June.

The Kingdom of Cambodia continues to be an example in the fight against the death penalty and can be legitimately proud of the way it has drawn on lessons from the past and became a respected regional abolitionist, both by law and by conviction. Cambodia is a country of deep civilisation and culture. It is one of only two countries to have abolished capital punishment in ASEAN and has the longest continuous period of abolition, having banned the death penalty for all crimes in 1989.

As such, the kingdom sets an example to the whole region. In recent years, the Royal Government of Cambodia has repeatedly reaffirmed its commitment to the abolition of the death penalty by consistently voting in favour of the four UN General Assembly resolutions on a moratorium on the use of the death penalty in 2007, 2008, 2010 and December 2012.

Both the European Union and the UN Office of the High Commissioner for Human Rights would like to strongly commend Cambodia for this. We would also welcome Cambodia entrenching its stand against the death penalty, regionally and internationally, by becoming party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, on the permanent abolition of the death penalty.

The EU holds a strong and principled position against the death penalty and its abolition worldwide represents one of the main objectives of its human rights policy. The EU High Representative for Foreign Affairs and Security Policy and Vice President of the European Commission Catherine Ashton declared in a speech in the European Parliament: "Looking ahead, I want to see what more we can do to support the abolition of the death penalty world-wide. I want to assure this house that work on abolishing the death penalty is a personal priority for me. And I will see to it that work advances both bilaterally and in multi-lateral fora, beginning with the UN in September."

Worldwide, the EU joins forces with other international organisations and multilateral bodies active in promoting the abolition of the death penalty, in particular the UN system. Both jointly and separately, the UN and the EU support efforts to restrict the use of, to establish a moratorium on, and to permanently abolish of the death penalty.

ASEAN countries regrettably maintain divergent policies when it comes to the death penalty. Half of its members have abolished it, either in law – Cambodia and the Philippines – or in practice – Myanmar, Laos and Brunei. But the other half is still retentionist, even though Singapore among them recently observed a short moratorium before introducing some restrictions on the use of the death penalty. More than ever, the EU and the Office of the UN High Commissioner for Human Rights in Cambodia reiterate their appreciation for Cambodia's support for a global moratorium. We encourage the kingdom to be a leader in working towards a regional moratorium on the death penalty at ASEAN level.

Jean-François Cautain is the ambassador of the European Union to Cambodia. Wan-Hea Lee is the United Nations High Commissioner for Human Rights representative in Cambodia.

The Cambodian Swimming Federation is set to host a three-day competition at the Olympic Stadium pool of the National Sports Complex from October 17 to 19 as part of the national squad preparations for December's SEA Games in Myanmar, as well as marking the one-year anniversary of the death of King Father Norodom Sihanouk.

The meet, which has received $5,000 from sponsors FTB Bank towards running costs, will feature 50 male and 31 female participants from eight swimming clubs and associations.

"It's a good opportunity for our six national team swimmers, including two females, to warm up for the 27th SEA Games," CSF vice president Hem Chan Ly told the Post. Events over 50 and 100 metres in freestyle, breaststroke, backstroke and butterfly strokes will be competed by over 16-year-old male and females, 12-16 males and females and U12 males and females. There will also be 4x100m relay races.

The death toll from flooding that has affected nearly all of Cambodia has hit 104, the National Committee of Disaster Management said yesterday. With more than 60,000 people having been evacuated, relief agencies are raising concerns over disease outbreak.

The most heavily hit province was Kampong Cham, where 26 people alone have died from flooding, NCDM vice chairman Nhim Vanda said.

"Now, we've completely tallied the reports from local authorities and can confirm that 104 people have died," he said.

A report by the Humanitarian Response Forum released on Monday expressed concern over insufficient sanitation and water in evacuated areas where the risk is high of disease outbreak and contaminated food.

Yesterday, 600 families were evacuated from the Banan district in Battambang before water released from the Kampong Pouy basin caused a flash flood, Buth Sambo, a police chief of Banan district, said. He denied rumors that the Kampong Pouy basin was broken or collapsing.

In Banteay Meanchey, 19 military doctors have been sent by the Defence Ministry to treat more than 500 families evacuated in Poipet town, Deputy District Governor Men Sophan said.

Though water has inundated the halls and reaches up to a metre high outside the Banteay Meanchey Provincial Prison complex, prison authorities have taken no steps to evacuate inmates.

The prison is known to flood every year, but rights organisations are calling this flooding the worst seen since the detention centre opened in 2009.

"We have not taken any moves to evacuate the prisoners, because we can control the situation," Banteay Meanchey prison director Hin Sophal said. "The water is creeping into the staff rooms, but it cannot go to the prisoners' rooms."

According to rights groups, with the building flooded, prisoners are not able to leave their overcrowded cells, leading to numerous sanitation and mental health concerns.

"We are concerned that if the water continues rising, the authorities will have to evacuate the prisoners to somewhere.…They are humans, not rocks …so they can escape when evacuated," Som Chankear, provincial coordinator for Adhoc, said.

Though the Ministry of Interior has said it plans to prevent the cells from flooding through sandbag banks and continuous water pumping, neither the ministry nor the prison had an idea of where the prisoners could be taken if necessary.

"It is normal, and where the prisoners stay is safe," Kuy Bun Sorn, director general of the department of prisons in the Ministry of Interior, said.

ADDITIONAL REPORTING BY LAIGNEE BARRON