The trial has heard Duch (left) repeatedly accept responsibility and beg forgiveness for his role overseeing the torture and killing of over 15,000 as chief of Tuol Sleng prison. -- PHOTO: AFP

Sep 20, 2009

PHNOM PENH - CAMBODIA'S first war crimes trial has unearthed painful ghosts from the brutal Khmer Rouge era, but as testimony ends in the case there is growing hope that it will put past traumas to rest.

Moeurn Sarath, whose father and husband were among the two million people who died under the 1975-1979 communist regime, said it was too painful for her to watch the trial of Duch, the movement's main jailer.

Yet while she said that the proceedings made 'all those feelings come back to me again,' she believes that the UN-backed tribunal is good for victims and their families. 'It is good to try those leaders because they have killed a lot of people,' she said. 'I pray that those people who died are at rest because now justice is being found for them.'

The six-month evidence phase of the trial at the UN-backed court ended on Thursday, with the prosecution and defence due to present their final arguments to the judges on November 23. A verdict is not expected until early 2010.

The trial has heard Duch, whose real name is Kaing Guek Eav, repeatedly accept responsibility and beg forgiveness for his role overseeing the torture and killing of over 15,000 as chief of Tuol Sleng prison. Proceedings have been shown on a weekly television show in Cambodia and the court said that an average of around 300 people a day came to the tribunal to watch from behind bullet-proof glass.

Few Cambodians told AFP they regularly watched proceedings, but all held some hope it would heal the mental wounds in a country that remains strewn with mass graves and bone-filled memorials.

'Every day I have to work and spend less time with the news on TV or newspaper,' said motorcycle taxi driver Sok Rorn, 45, whose mother was killed under the Khmer Rouge. 'But of course, I am aware of the trial. For certain, those people responsible for the death of my parent and many other Cambodians must be held accountable,' he added, with tears in his eyes.

Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia's cities in a bid to forge a communist utopia.

This year the Cambodian government has agreed for the first time to include a text on the Khmer Rouge in its high school curriculum, a key move in a country where more than 70 percent of the population was born after 1979.

'I have heard and learnt very little about the regime and all those stories. Maybe because I've not experienced it, I am not interested to find out more about it,' said Dav Sam Ath, an 18-year-old high school student. 'I'm sure the trial will help heal (victims') pain because if nobody can give them the answers of the past, how can they go on?' -- AFP

BY COURTNEY PERKES
The Orange County Register

SANTA ANA Rosan Ang never saw her husband or four oldest children again after the Khmer Rouge seized them more than 30 years ago. But on Saturday she finally caught a glimpse of justice.

Ang, 67, wiped tears as she recounted the horror of losing her family at The Cambodian Family, part of a national effort to collect information from survivors for the upcoming international justice tribunal trial of four Khmer Rouge leaders.

Audrey Redmond, a Washington, D.C., attorney, gently asked Ang what happened after the Khmer Rouge took control of Cambodia in 1975. Under dictator Pol Pot, roughly 2 million Cambodians were starved, murdered or worked to death.

"They sent us to live in the forest," said Ang, who lives in Santa Ana. "They separated my children. Only my youngest daughter survived because she was too young (to work) and she stayed with me."

Her husband went back and forth from a work camp. One day, he was tied up and taken away. She never saw him again.

As Ang spoke, Redmond patted her arm and took notes for the court's victim information form. She said the Cambodia-based tribunal is not obligated to use the information in the trial, but may choose to. The tribunal, which is currently trying one leader, is comprised of Cambodian legal officials as well as an international group from the United Nations.

More than a dozen survivors of the Khmer Rouge's brutal four-year reign attended the first day of a two-day workshop put on by the nonprofit Applied Social Research Institute of Cambodia. They came to tell their stories for the legal system in their native country and also for the archives at New York University.

"They've been silent for 34 years," said Leakhena Nou, founder of the research institute and a sociology professor at Cal State Long Beach. "Now is the time to break the silence."

Volunteer Kenneth Long, a 30-year-old chemical engineer from Long Beach, thanked the group for having the courage to share their experience so that his generation would not forget. During a lunch break, he described hearing his father recount the pain he lived through for submission to the tribunal.

"It was the first time I'd ever seen him break down," Long said. "All his friends were wiped out. He was studying to be a lawyer. They killed his professors, his classmates."

Collecting the stories and filling out the official paperwork for submission to the court can take anywhere from two to eight hours.

"I had an interview with a woman the day before yesterday and she was systematically gang raped by three Khmer Rouge soldiers from morning to nightfall while she was six-and-a-half months pregnant," Nou said. "She was left to die at the rice paddy."

Nou also gave the survivors a presentation on post traumatic stress disorder. She showed photos of victims who were put to death and asked the group how they felt seeing them.

"My name was on the list of people targeted for execution but I escaped," responded 72-year-old Samien Thong of Arizona.

The testimonies will continue at 10:30 a.m. Sunday at The Cambodian Family in Santa Ana.


Audrey K. Redmond, legal adviser, documents Rosan Ang's life. The Santa Ana resident shares her story to preserve history during a two-day workshop held by the Applied Social Research Institute of Cambodia in Santa Ana.CINDY YAMANAKA, THE ORANGE COUNTY REGISTER

Anthony Kim, of Long Beach, attends a two-day workshop held by the Applied Social Research Institute of Cambodia. Survivors tell their stories for the legal system in their native country and New York University archives at The Cambodian Family in Santa Ana.CINDY YAMANAKA, THE ORANGE COUNTY REGISTER

Rosan Ang of Santa Ana, left, bursts into tears when recalling the death of her husband and four children during the Khmer Rouge regime. She shares her story to help preserve history during a two-day workshop held by the Applied Social Research Institute of Cambodia in Santa Ana. Kieng Seng is the interpreter.CINDY YAMANAKA, THE ORANGE COUNTY REGISTER


By Frank G. Anderson
Column: Thai Traditions
Published: September 18, 2009

Nakhonratchasima, Thailand — Thailand’s Red Shirts and other supporters of former Prime Minister Thaksin Shinawatra on Saturday will commemorate the third anniversary of the military coup that deposed him, with a huge protest rally in Bangkok.

According to official sources, one of the objectives of the rally is to overthrow the Thai government and, according to Thai Prime Minister Abhisit Vejjajiva, to set up “a new state.”

This planned toppling of the Democrat-led government is hardly expected to occur, however, despite some uneasiness. There are far less than 50,000 protesters expected – but surprises have been known to take place in Thailand.

The Saturday rally coincides with a promise by various activist groups, including the Northeast People’s Network, to hold a protest vigil over what Thailand views as the loss of its ancient temple, Khao Phrea Vihear, to its historical rival, Cambodia. The temple sits on the border between the two countries but after a dispute in the International Court in The Hague, the court decided it belonged to Cambodia.

For its part, the Thai government has committed to reinstating the country’s Internal Security Act to ban protesters from the important Dusit district of Bangkok from Friday through Tuesday, Sept. 18-22, to cover the potentially troublesome timeframe. Dusit district, established by King Chulalongkorn, encompasses the country’s Parliament building as well as the royal palace.

Worried debates go back and forth in government offices, on street corners and in academic conference rooms. Will the Saturday commemoration fizzle out – much like the widely feared Y2K event did in 2000 – or blow up into a full-scale rebellion?

Some anti-Thaksin supporters are trying to fan the flames by suggesting that the former prime minister aims to topple the Thai monarchy.

This argument – that Thaksin is bent on overthrowing the monarchy – has been a favorite of militant and military pro-status quo forces in the country, in their concerted efforts to quell unrest and re-establish “domestic unity.” The accusation cannot be substantiated, though one side constantly repeats it and the other side repeatedly denies it.

Substantiation of rumors and false allegations has never been a major hurdle in the Land of Smiles, however, when it comes to dealing with historical and record-setting unrest and troublesome activists. It started with the nation’s political identity crisis after a 1932 coup, when a military junta, claiming to represent the people, converted the nation’s absolute monarchy to a constitutional monarchy.

Over the last decade activists in Thailand have becoming more and more active, intensified by the Sept. 19, 2006 coup that took down a democratically elected government. The legitimacy of that election process is open to question; it was challenged by accusations of widespread vote-buying and even more widespread “encouragement” to vote for a particular candidate.

In the Thai political process, both candidates and voters accept the idea that a candidate’s primary loyalty is to his party. This principle invariably weakens grassroots democracy, as it creates a reluctance to call elected officials to task on the one hand, and bottlenecks minority demands that their policies shift to benefit local interests.

Despite whatever occurs on or after Sept. 19, Thailand’s political and social future is likely to remain shrouded in rampant corruption, state-encouraged illusion and outright denial of civil and human rights to the majority of its people – many of whom, in fact, will attest that being deprived of human rights is the best thing for the country.

Militantly conservative traditionalists will cite the need to preserve and protect the monarchy, as well as what they have been taught to believe is the Thai way to resolve political strife – maintain tranquility, and use guns when that does not work. They do not seem to mind seeing their fellow Thais shot down in the streets or unjustly imprisoned. To them, activists who become too vocal are not only working against the interests of the country, but against the very Thai character itself. This rationale has, for a dozen and a half previous coups, proven disastrous for the nation.

Last but not least, this year’s protesters say they plan to make it clear that the country’s senior Privy Council adviser, retired General Prem Tinsulalonda, was behind the 2006 coup that ousted Thaksin. The veracity of the claim has gained ground over the last year or two, with many Thais openly “admitting” that Prem was behind the ouster of an arch enemy of the state, Thaksin.

Listening to ousted academic Giles Ungapakorn – safely ensconced in England after fleeing lese majeste charges in Thailand – one wonders just how far any Prem connection went. While Thaksin was still in power, an anonymous CD with startling photos and a narrative of Prem’s alleged misdoings was sent to members of the media. Wisely, no one dared publish the photos or the written material provided, which according to the anonymous donor were obtained by “modern day Japanese ninjas who broke into Prem’s Holy of Holies.”

State media is unashamedly working nonstop to quash any serious study of the issue, aided by strenuous denials.

--

(Frank G. Anderson is the Thailand representative of American Citizens Abroad. He was a U.S. Peace Corps volunteer to Thailand from 1965-67, working in community development. A freelance writer and founder of northeast Thailand's first local English language newspaper, the Korat Post – www.thekoratpost.com – he has spent over eight years in Thailand "embedded" with the local media. He has an MBA in information management and an associate degree in construction technology. ©Copyright Frank G. Anderson.)

Note:

In view of the content of the article, the headline might be more precisely describing the content if it were to say:

One Civil Society Senior Staff and the Spokesperson of one Opposition Party Support Action to Create a Working Group to Reinvestigate Criminal Cases

There are also critical voices with a civil society background, as well as other voices from the opposition party quoted here, who expressed concern about the role of the special working group mentioned here: Does it infringe on the independence of the courts – well aware that some court actions have triggered the problem? They express the opinion that only a reform of the court system itself may bring lasting results.


“Phnom Penh: An opposition party parliamentarian and a civil society organization support the head of the government creating a mixed working group to work on criminal cases at different irregular law implementation units.

“Recently, the Prime Minister of the Kingdom of Cambodia, Samdech Akkak Moha Senapadei Dekchor Hun Sen, released a decision dated 4 September 2009 to create a mixed working group to examine and take action on criminal cases at different law implementation units; the working group has 26 members from different sections of the government.

“The spokesperson of the Ministry of Interior, Mr. Khieu Sopheak, could not be reached for comment, as he was busy with meetings, but he had told journalists that the newly created working group will reinvestigate some cases suspected to be handled improperly. He added that previously, police had arrested suspects and sent them to court, but some court officials had released them, claiming a lack of evidence.

“Also, Mr. Khieu Sopheak mentioned the [acid attack] case related to Ms. Chea Ratha [and her accomplices] where [investigating] officers had worked very hard, but the court released them.

“An investigating official of the Cambodian League for the Promotion and Defense of Human Rights [LICADHO], Mr. Oum Sam Ath, told Kampuchea Thmey on 16 September 2009 that it is time that the government reforms the judicial system, especially the court system.

“He added that the head of the Royal Government created this mixed working group because there had been some irregularities at the courts, and the group aims at investigating some irregular cases. He believes that it is part of a reform for the judicial system which ensures court transparency, to provide justice for victims and for the people in general. Also, if the working group can find irregularities and mishandlings of some judges and prosecutors, it will file complaints to the Supreme Council of the Magistracy to take action.

“Mr. Oum Sam Ath went on to say regarding Ms. Chea Ratha’s case, that after the court announced a verdict on 31 August 2009 to withdraw charges against her, the victims fear and hide themselves until now. Mr. Oum Sam Ath considers this case to be irregular, and it needs to be reinvestigated by the working group.

“Mr. Oum Sam Ath added that there are many cases that need to be reinvestigated like the case of Ms. Chea Ratha and of Mr. Born Samnang and Mr. Sok Sam Oeun. He said if the government takes action on those irregular cases, impunity will not continue.

“The Sam Rainsy Party parliamentarian and spokesperson of the Sam Rainsy Party, Mr. Yim Sovann, said, ‘The whole court system needs reform, especially relating to judges, and we praise judges who work properly, but judges who do wrong should be punished. Particularly, we need conditions for judges to check and monitor the work of judges so as to have long lasting solutions.’

“Some other police officials who asked not to be named welcome the decision of the head of the Royal government, considering it as a good measure.

“The decision of the head of the Royal Government stated that the working group has the duty to check criminal, human trafficking, and sex exploitation cases, and the actions taken by justice police units, prosecutors, courts, and prisons. If necessary, related case files can be copied for inspection and analysis, to evaluate the actions taken in each case. If any irregularities are found, there have to be reports sent for evaluation by the Minister of Interior, the Ministry of Defense, and the Ministry of Justice to take further action. In any instance of case files involving serious problems or complications, they must be reported to the head of the government for review and recommendation. The working group has to make reports, tallying the results, and send them to the Prime Minister, the Minister of Interior, the Minister of Defense, and the Minister of Justice. The working group has the authority to involve other expert officials when necessary.”


On 27 June 2006, opposition Leader Sam Rainsy gave a speech during his tour of Treang, Koh Andet, and Kirivong districts in Takeo province, where he touched upon a string of topics in the current political affairs of Cambodia, from corruption, to land grapbbing, to border issues, to poverty etc...

To listen to the 5 parts of the 50 minutes speech in Khmer, please left-click on the individual link below. To save the speech to your computer, please right-click on each link and select the "Save as..." option to save the file onto your computer.


Left to Right: Hing Bun Heang, Sao Sokha and Mol Roeup (Photos: Global Witness)

Source: Human Rights Watch

I. Summary

Relations between the US and Cambodia have warmed considerably since the US withdrew direct aid to the Cambodian government in 1997, after a coup by the Cambodian People's Party (CPP) of Prime Minister Hun Sen against their coalition government partner, the FUNCINPEC party.
In addition to deeply entrenched impunity for human rights violators, other key human rights issues include the lack of integrity and independence within Cambodia's court system, attacks on freedom of expression and pluralism, and the government's chronic inaction on legal reform. Those who speak out to defend their homes, their jobs, and their rights increasingly face threats and physical attacks, including trade union leaders, opposition party members, journalists, activist Buddhist monks, and community activists defending their land and natural resources.

In addition, the gap has widened between wealthy city dwellers and impoverished farmers in the countryside, exacerbated by large-scale forced evictions of tens of thousands of urban poor, illegal confiscation of farmers' land, and pillaging of the natural resources on
which people in the countryside depend for their livelihood. Military units are often wrongfully deployed to carry out forced and violent evictions of villagers whose ownership claims to the land have never been properly or fairly dealt with by a court.

To make matters worse, the Cambodian government announced this week that it is terminating the World Bank's $24 million land titling program after the Bank and key donors, including the United States, called on the government to stop forced evictions until fair and transparent land dispute and resettlement policies are in place.




20/09/2009

BangkokPost.com

The yellow-shirt People's Alliance for Democracy (PAD) called on the Cambodian government to quickly move its villagers and troops out of the disputed border area around Preah Vihear temple.

About 300 Thai soldiers at Preah Vihear national park in Si Sa Ket province allowed 33 PAD protesters led by Veera Somkwamkid to enter the site on Sunday.

After arriving at Mo I Daeng cliff in the national park, PAD core member Veera announced that the ancient temple and the areas around it are within Thailand's territory in reference to the border demarcation in 1904.

Click to Read More...


BANGKOK, Sept 20 (TNA) -- Representatives of the People’s Alliance for Democracy (PAD) read out two statements at Pha Mor E-Dang, close to the disputed area, claiming Thai sovereignty in the matter while Prime Minister Abhisit Vejjajiva said Sunday he is saddened over clashes between protesters and local residents near the disputed Thai-Cambodian border zone in Si Sa Ket.

Thirty protesters of the PAD Sunday read out two statements at Pha Mor E-Dang, close to the disputed area, asserting the demand that the disputed area around Preah Vihear temple belongs to Thailand.

Veera Somkwamkid, a leader of the PAD protesters, told a news conference that Thai Army chief Gen Anupong Paochinda should use martial law as a tool to push back the Cambodians to return to their homeland.

Click to Read More...


Anupong Paojinda said he feared troublemakers would try to incite clashes between protesters and police at the rally

Thousands of troops and police took up positions in Bangkok ahead of the rally

By Boonradom Chitradon (AFP)

BANGKOK — Thailand's army chief denied Friday that the military was about to stage a coup, as tensions rose ahead of protests for the third anniversary of a putsch that ousted former premier Thaksin Shinawatra.

Thousands of troops and police took up positions in Bangkok ahead of Saturday's rally by the pro-Thaksin "Red Shirt" movement, which wants embattled current Prime Minister Abhisit Vejjajiva to step down and call elections.

Abhisit is heading to New York at the weekend for the UN General Assembly -- and it was while billionaire Thaksin was out of the country to attend the same event that the military overthrew him in 2006.

"I can reassure everyone that there will be no coup. Absolutely no coup," army chief General Anupong Paojinda told reporters.

"To stage a coup is a big issue for the country and its repercussions would affect everybody. It's not something that anyone wants to do and it would not be in the interest of the country."

The last time he denied that the army was about to intervene in politics was in December when the previous government, led by Thaksin's allies, was trying to end a blockade of Bangkok's airports by the royalist "Yellow Shirt" group.

Anupong, however, disobeyed government orders to crush the airport protests, and within days the fatally weakened administration had been toppled by a court ruling that cleared the way for Abhisit to come to power.

Abhisit's government itself is now on edge, caught in a rift with coalition partners over the choice of a new police chief and keen to avoid a repeat of angry Red Shirt protests in April which left two dead and scores injured.

Deputy Prime Minister Suthep Thaugsuban warned that if Saturday's protests become violent the government would impose emergency rule, as it did in Bangkok during the riots earlier this year.

"If the normal law cannot cope and the situation is out of control, I will declare a state of emergency," said Suthep, who will be acting prime minister in Abhisit's absence.

Dozens of soldiers armed with riot gear set up barbed wire and concrete blast walls on Friday outside Government House, where Abhisit's offices are located, AFP correspondents said.

Others were posted outside the house of Prem Tinsulanonda, the chief advisor to Thailand's widely revered king. Prem is accused by the Red Shirts of masterminding the coup against Thaksin.

A total of more than 9,000 army, navy and air force personnel along with police would be mobilised for the coup anniversary protests, army spokesman Colonel Sunsern Kaewkumnerd told AFP.

Crowd control measures would start with negotiations, and then proceed to pushing back protesters, arresting leaders, using water cannon and tear gas and finally, shooting rubber bullets if necessary, he said.

Army chief Anupong said he feared that troublemakers would try to incite clashes between protesters and police.

"What we worry about is the acts of ill-intentioned people. That's why I have given orders that troops and police will not use weapons and ammunition or any explosive devices," he said.

Troops fired into the air during the Red Shirt riots five months ago, when Thaksin supporters stormed a major Asian summit in the seaside resort of Pattaya and then rampaged through Bangkok.

Authorities expected around 30,000 protesters from around the country to turn up on Saturday and then disperse around midnight, deputy government spokesman Watchara Kanikar said.

"They cannot mobilise a large number of protesters because of rifts among their leaders," he told reporters.

Twice-elected Thaksin is living in exile to avoid a jail term for corruption. He remains popular in Thailand's rural areas, but is still loathed by the Bangkok-based power centres in the palace, military and bureaucracy.
Thai-Cambodian tensions simmer over ownership of land on which Preah Vihar temple sits [Reuters]

Friday, September 18, 2009

Cambodia and Thailand have sent riot police to a disputed border area in advance of a weekend rally by Thai protesters.

They plan to hold a demonstration over the Preah Vihear temple near the land that is claimed by both countries.

Cambodia says it will attack anyone who crosses into its territory.

Tensions over the temple's ownership heated up last year when the UN cultural agency approved Cambodia's bid to have Preah Vihear named a World Heritage Site.

The move sparked isolated clashes between the two countries' border guards.

The Thai protesters blame current and past governments for failing to protect Thai land and national sovereignty, reviving an issue that has increased nationalist sentiment on both sides of the border.

Cambodian soldiers have been ordered not to allow any spill over of the rally across the border, said Chhum Socheat, the defence ministry spokesman told the Associated Press.

"We have ordered our forces not to allow any Thai protesters to enter even one centimetre onto our side. Once they enter Cambodian territory, our forces will quickly crack down," he said.

Riot police mobilised

About 50 Cambodian riot police were sent to the border on Wednesday, along with a special canine unit used for crowd control, to assist soldiers, according to General Kieth Chantharith, a national police spokesman.

At least 200 Thai police will be deployed on the Thai side and checkpoints have been set up to prevent protesters from reaching disputed territory, Viboonsak Neepan, the Thai commander in the area, told reporters.

Tensions over temple ownership rose last year when Unesco, the UN cultural agency, approved Cambodia's bid to have Preah Vihear named a World Heritage Site.

Thailand initially supported the bid but then reneged after the move sparked outrage and protests.

Both sides rushed troops to the border, which resulted in several small gunbattles.

The World Court awarded the temple to Cambodia in 1962, but sovereignty over the surrounding land has never been clearly resolved.

Cambodia and Thailand share an 800km land border, part of which has never been clearly demarcated because each country relies on different maps.
Friday, 18 September 2009

Cambodian incumbent fixed line operator Telecom Cambodia (TC) has been asked by the Ministry of Finance to prepare to list on the Cambodian Stock Exchange, reports local daily the Phnom Penh Post. According to the report, TC and two other state-owned firms received letters in May instructing them to prepare an initial public offering (IPO), but have since said they would only do so reluctantly. Director general of TC, Lao Sareoun, said he was worried the listing would interfere with the state-owned telco’s business operations, as it lacked the human resources needed to prepare an IPO. He added that the company met listing requirements in terms of financial performance and governance transparency, but warned that it may not be ready to list until the end of next year. Originally planned to launch on 9 September 2009, Ministry of Finance officials hope to open the exchange by the end of the year, but have acknowledged that the launch would depend on the readiness of the three state-owned enterprises earmarked to be the first to join.

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