Thrice upon a time … Sam Rainsy again lost his parliamentary immunity. Such a misfortune befell upon him twice earlier already since he earned his seat at the National Assembly. On Monday 16 November, 87 CPP, NRP and Funcinpec voted for the lifting of his parliamentary immunity. The reason for this lifting: the Svay Rieng authorities blamed the opposition leader of uprooting six posts representing the new border posts between Cambodia and Vietnam. Sam Rainsy acted in this manner because he believed that this new delimitation was perpetrated to the detriment of Cambodia. He was thus obliged to uproot these posts so that Cambodia would not lose a piece of its territory.


On the other hand, the CPP is of a different opinion on the event. For the ruling party, the SRP chief had once again showed that his activism only resulted in damages.

The border issue is sensitive, as well as complicated for Cambodia. Going from the Angkorian splendor to a tiny kingdom that it is right now can explain the suspicion that the Cambodian people have on this issue, and thereby Sam Rainsy’s attitude.

Nevertheless, this chapter shows once more the complete absence of dialogue between the CPP and the opposition party. The two camps are not making any effort to understand one another, nor are they finding a middle ground. The SRP does not give much credit to the government for resolving the border issues with Vietnam to the best interest of Cambodia. As a Cambodian saying goes: “Pure gold fears no fire,” literally, this means that if the government works appropriately on this issue, it has nothing to hide. If the parliament minority were to be convinced of the efficiency of the ruling party, then most likely, Sam Rainsy would not have to uproot these stakes in Svay Rieng.

The perpetual misunderstanding between the CPP and the SRP explains the fact that the former is doing whatever it wants because of its prevailing position, whereas the latter can only resort to provocation to make itself heard. The confrontation is thus unavoidable and the law of the strongest prevails. The way things work does not lead to anything good and it only contributes to hurt the public image of the politicians in the eyes of the voters, as well as in the eyes of the international community.
PHNOM PENH: Cambodia's war crimes court this week hears final arguments in the trial of the Khmer Rouge prison chief, with Duch expected to apologise for the regime's horrors in a bid to lessen his sentence.

Duch, 67, has repeatedly used the UN-backed court since hearings started in February to publicly ask forgiveness for overseeing the murders of around 15,000 people at the Tuol Sleng torture centre three decades ago.

The former maths teacher is one of five leaders of the brutal communist movement who have been detained by the court but is the only one to have admitted any guilt on charges of crimes against humanity and war crimes.

A verdict in the trial, the first by the tribunal, is not expected until early 2010. Duch - whose real name is Kaing Guek Eav - faces a life sentence in prison because the court cannot impose the death penalty.

"This will be a very meaningful and significant week for the people of Cambodia and the victims of the Khmer Rouge regime who lost their loved ones," tribunal spokesman Reach Sambath told AFP.

"They have waited for so long. Finally peace will be coming close to them."

The Khmer Rouge, led by "Brother Number One" Pol Pot, emptied Cambodia's cities during its 1975-1979 rule, exiling millions to vast collective farms in a bid to take society back to "Year Zero" and forge a Marxist utopia.

Up to two million people were executed in the notorious "Killing Fields" or died from starvation and overwork before a Vietnamese-backed force toppled the regime. Pol Pot died in 1998.

The Khmer Rouge court was established in 2006 after nearly a decade of negotiations between the government and UN, and many more years of civil war in Cambodia following the fall of the regime.

Arguments this week are expected to be shown live on television across Cambodia, and the court said that thousands of people have inquired about coming to the tribunal to watch from behind bullet-proof glass.

Prosecutors have tried to portray Duch, who was captured in 1999, as a meticulous executioner who built up a huge archive of photos, confessions and other evidence documenting inmates' final terrible months.

But the trial's format has allowed Duch to comment on all testimony and repeatedly give his own version, portraying himself as a terrified bureaucrat who performed his duty out of fear leaders would kill him and his family.

"I tried to survive on a daily basis, and that's what happened. And yes, you can say I am a cowardly person," Duch told the court in September.

Duch, a born-again Christian, has rejected several allegations he personally tortured and executed prisoners, and also denied prosecution assertions he played a key role in the Khmer Rouge leadership.

"The civil law system gave Duch far more time speaking out loud in the court than any other player. That gave him a huge advantage over any of the other parties," said Heather Ryan, who monitors the court for the Open Society Justice Initiative.

His defence has indicated it hopes his contrite testimony will earn him a reduced sentence, pointing to a similar defence used by Hitler's main architect, Albert Speer, at the Nuremberg trials after World War II.

The tribunal itself has meanwhile faced continued controversy during the trial.

There have been claims that Cambodian staff paid kickbacks for their jobs, while Prime Minister Hun Sen has opposed pursuing more suspects on the grounds that it could destabilise the country.

The court has also been hit by the early departure of prosecutor Robert Petit, who cited family reasons for resigning in July, and claims investigating judge Marcel Lemonde prefers evidence biased against accused leaders.

The other Khmer Rouge members awaiting trial are "Brother Number Two" Nuon Chea, former head of state Khieu Samphan, ex-foreign minister Ieng Sary and his wife Ieng Thirith, who was the minister of social affairs.

Most Cambodians have welcomed the idea that Duch at least partially confessed in the court, which is seen as the last hope to deal with Khmer Rouge crimes - but few are ready to forgive his past.

"Duch is like a piece of white paper - when it is stained with black ink, it cannot be totally cleaned," said Bou Meng, who is one of the handful who survived Tuol Sleng because his artistic skill was deemed useful to the regime.

To: PRESS MEDIA AND KHMER PUBLICS

From: Office of the SRP North America Secretariat

The Sam Rainsy Party of North America wish to inform the press and the public of its condemnation, in the strongest term possible, of the Cambodian authority and its rubber-stamp National Assembly for removing the immunity of H.E. Sam Rainsy, elected member of the parliament. By such act, H.E. Sam Rainsy, duly elected representative of the people, has been deprived of his rights and duties to serve his constituencies.

Here once again, the Cambodian National Assembly, under the CPP’s majority, has irresponsibly and abusively violated the trust of the people. In this case, it has shown very little regard for concerns of its citizens whose lands have been lost due to border encroachment activities. It called into question whose interests this government and the National Assembly are representing?

The Sam Rainsy Party of North America requests that His Majesty the King and King Father, our Father of Independence, to intervene in calling for immediate re-instatement of immunity to H.E. Sam Rainsy. Furthermore, to come to the calls for help of their people by help ensuring justice, freedoms and our Cambodia’s territorial integrity.

A peaceful public demonstration will be held on November 28, 2009 in Washington, DC, USA and Ottawa, Canada. Detail planning is process and will be sent out later shortly.

We urge all Khmer compatriots to take part in support of our territorial integrity and to show our concerns to all victims of land losses.

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