Thai Engineer's Mother Seeks Help from Pheu Thai Party

1 comments Nov 30, 2009
The mother of the jailed Thai engineer in Cambodia has asked the Phue Thai Party to assist in her son's case.

The government claims that it is not embarrassed and is fully sympathetic with the mother.

Simalak Na Nakhon Panom, the mother of the jailed Thai engineer in Cambodia, traveled to Pheu Thai Party headquarters to seek assistance from former Foreign Minister, Noppadol Pattama and a legal adviser.

Simalak said that she is concerned about the well-being of her son and is willing to resort to any mean to ensure her son's release.

She believes that the Foreign Affairs Ministry is slowly proceeding with the case and therefore she has contacted the Phue Thai Party for help.

Noppadol added that this is not about politics or an attempt to embarrass the government but rather a humanitarian effort.

Noppadol also said that when he was contacted by Simalak, he immediately called his contact in Cambodia.

According to the former foreign minister, the Cambodian government has agreed to let Simalak visit her son again within the next two or three days without going through the Ministry of Foreign Affairs.

Noppadol insists that this has nothing to do with former Prime Minister Thaksin Shinnawatra's appointment as an economic adviser to Cambodia and that the Pheu Thai Party is willing to fully assist a fellow Thai.

Secretary of Foreign Affairs Ministry, Chawanont Intarakomalsut claims that the government is doing its best in the case and is sympathetic with the Thai engineer's mother.

Many have criticized the government for proceeding with the case too slowly.

He said that the Foreign Affairs Ministry must follow legal protocol. The government is not embarrassed by this and will continue to assist the Thai engineer.
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Cambodia: ending HIV stigma in hospitals

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Patient in Chey Chumneas hospital
“They turned my patient away because she was HIV positive.” Discrimination of people living with HIV is found in every layer of society. Dr Vuthy King, from CAFOD partner Maryknoll, explains how he is working to stamp out stigma in the medical profession

“Some hospitals in Cambodia do not like to operate on people living with HIV. In Phnom Penh there are eight hospitals. In my experience, only two will operate on HIV-positive patients.

“This is not hospital policy, but a decision made by the surgeons. If medical professionals discriminate against HIV-positive people, you can imagine what kind of reactions they face from the public in general.

“A few years ago, I had a patient with appendicitis. I sent the patient to the nearest hospital at 9pm. But they said they wouldn’t operate on her because she had HIV. She would have to wait until 9am the next day so they could hold a meeting to discuss her case.

“When I went back at 10am, they rejected her from the hospital. By this time she was in a critical condition. I drove her to another hospital but they also refused to treat her. Finally the third hospital I went to accepted her.

“The Maryknoll hospice opened in 2000. We were the first non-governmental organisation in Cambodia to open a free hospice for poor people living with HIV.

“Almost 1,000 patients have used this hospice since it opened. Many would have died without the care they received here. Some poor people sell everything, their land, livestock, and home, to pay for medical bills because hospital fees are expensive.

“But when they recover they have no way to support themselves. It is a vicious trap for poor people. “We treat those with opportunistic infections like TB or meningitis. We also do complicated medical procedures like lumbar punctures but we’re not equipped to perform full operations.

“Recently, we opened a specialist HIV wing in Chey Chumneas hospital. We provide consultations with the patients and assess their needs. People travel from miles around to come and see us because they know they will receive the best staff. We are teaching hospital staff to treat HIV positive people with respect and care."
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Preah Vihear WAR

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Thai-Cambodian border's situation worrying: Thai senior official

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BANGKOK, Nov. 6 (Xinhua) -- Vasin Teeravechyan, advisor to the Thai Foreign Ministry and co-chairman of the Thai-Cambodian Joint Boundary Commission (JBC) Friday expressed his worries about the Thai-Cambodian border's situation.

His view was made after the Cambodian government on Thursday evening announced recall of its ambassador to Thailand in a move to respond to the Thai government's earlier recall of its Ambassador Prasas Prasavinitchai to Cambodia.

The diplomatic retaliation occurred after ousted former Thai Premier Thaksin Shinawatra was officially appointed as adviser of Cambodian Prime Minister Hun Sen and the Royal Government of Cambodia King Norodom Sihamoni.

As the tension between the two neighboring countries is going on, Vasin is concerned about the possible clash at the Thai-Cambodian borer to happen, Thai News Agency reported.

The event might also add difficulties to the mutual cooperation on the Thai-Cambodian Joint Boundary Commission (JBC) as actually it is already difficult to solve the border dispute, he said.

However, by this time the diplomatic retaliation has not yet directly affected the Thai-Cambodian Joint Boundary Commission's working, he said.

"If Cambodia cancels the appointment of Thaksin, it will be understandable and no need to say any thing, Thailand will send the ambassador back to Cambodia," Vasin said.

The two neighbors have also been engaged in a conflict about a 4.6-square kilometers border area claimed by both sides adjacent to the ancient Preah Vihear temple.

Both countries have historically laid claim to the temple, which now sits on Cambodian soil following the action of the International Court of Justice which awarded the ancient temple to Cambodia in 1962.

However, the temple can practicably only be accessed from Thailand.
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Cambodians stockpiling goods from Thai side amid rumors of border closure

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BANGKOK, Nov. 10 (Xinhua) -- Cambodians at the Thai-Cambodian border Tuesday have been stockpiling goods from the Thai side due to continued rumors of the border closure because of the diplomatic standoff of the two countries.

Though the border trade has still continued, it is discovered Cambodians bought a number of Thai goods to stockpile in Cambodia, Thai television Channel 9 reported.

Sales of instant noodles have already risen sharply for a few days, said Sombat Jeung-tra-kul, a Thai nationality, who is the president of the Thai-Cambodian traders club in Chan-ta-bu-ri province bordering Cambodia.

However, the trade situation at the Thai-Cambodian border in Si-sa-ged province of Thailand is quiet despite of the rumors.

The Thai army at this border has suggested the peoples of the two countries not be panic over the rumors.

Thailand and Cambodia have downgraded their diplomatic relations due to conflict over an appointment of ousted former Thai prime minister Thaksin Shinawatra as an economic advisor to Cambodia's government on Nov. 4.

A day after the appointment of Thaksin, the Cambodian government announced the recall of its ambassador to Thailand in a move to respond to the Thai government's recall of its ambassador to Cambodia.

Thaksin was ousted by the military coup in September 2006, in accusation of corruption, and is living in exile since then.

He returned to Thailand in February 2008 to face corruption charges, but he later fled into exile again and was convicted in absentia.
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Hun Sen blasts Thai leaders

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Mr Hun Sen (left) said that his country would 'have no happiness' while Thai Prime Minister Abhisit Vejjajiva and his foreign Minister Kasit Piromya were still in power. -- PHOTO: AP
PHNOM PENH - CAMBODIAN Prime Minister Hun Sen criticised Thailand's leaders on Monday, saying they had insulted his country after Phnom Penh refused to extradite fugitive former Thai premier Thaksin Shinawatra.

Mr Hun Sen said that his country would 'have no happiness' while Thai Prime Minister Abhisit Vejjajiva and his foreign Minister Kasit Piromya were still in power.

'I'm not the enemy of the Thai people... But the prime minister and the foreign minister, these two people look down on Cambodia extremely,' Mr Hun Sen said in a speech at a provincial ceremony. 'Cambodia will have no happiness as long as this group is in power in Thailand,' he added.

The two countries have fought clashes near a temple on their disputed border since last year and were embroiled in a row this month when Thaksin visited Cambodia in his new role as an economic adviser to Phnom Penh.

Mr Hun Sen said he would not extradite Thaksin, who was toppled in a coup in 2006 and is living abroad to avoid a jail term for corruption, because his conviction was politically motivated.

The two countries withdrew their respective ambassadors and Thailand halted a series of aid programmes to Cambodia. The Cambodian leader slammed a further Thai threat to close the border between the two countries, saying: 'If you are (an) idiot, if you want the loss, please do it.'
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Abhisit is the most difficult Thai PM : Hun Sen

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Cambodian Prime Minister Hun Sen on Monday described Thai PM Abhisit Vejjajiva as the most difficult Thai premier he has worked with. The mutual ties which has been sour for months would be normalised only if Thailand has a new government, Hun Sen told reporters in Phnom Penh.

He claimed that Abhisit phoned him during the weekend after Phnom Penh government sent a note to inform Bangkok last week that it decided to cancel its request to receive a loan of US$41 million for a road construction from a Thai border province.

"Abhisit called me, for the first time, on the weekend, asking me to withdraw the note. He said Thailand is still willing to give the loans to Cambodia," Hun Sen said.

Abhisit was informed that Cambodia needed an official letter from him. The Thai premier agreed but later failed to sign and send the letter by 10am as promised on Saturday.

"Abhisit as the most difficult person to work with among the Thai PMs I have worked with," Hun Sen said.

Hun Sen further criticised Abhisit government for looking down on Cambodia by threatening to withdraw its aids for Cambodia following fugitive ex-PM Thaksin Shinawatra's visit to Phnom Penh in early November.

Hun Sen told reporters that from now on Cambodia would not accept any aid from Thailand.

"We decided to stop receiving any aid and assistance from Thailand. Cambodia can not allow itself to be humiliated," said Prime Minister Hun Sen.

He referred what he called threats by Thailand to withdraw its aids to Cambodia in a diplomatic spat between the two neighboring countries.
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Hun Sen rules out normal ties with Abhisit government

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Phnom Penh - Cambodian Prime Minister Hun Sen attacked Thailand again yesterday, saying the Thai government was derisive about his country and that Abhisit Vejjajiva was the most difficult Thai PM he had ever worked with.

Hun Sen told reporters in Phnom Penh that bilateral relations, which have been sour for months now, would only be normalised if Thailand had a new government. He added that his country would "have no happiness" while Abhisit and Foreign Minister Kasit Piromya were still in power.

"I'm not an enemy of the Thai people ... But, these two people look down on Cambodia," Hun Sen said.

"Cambodia will have no happiness as long as this group is in power."

Hun Sen claimed that Abhisit called him over the weekend after Phnom Penh sent a note last week telling Bangkok that it was cancelling its request for a Bt1.4-billion loan to construct a road from the Thai border to Siem Reap.

"Abhisit called me, for the first time, asking me to withdraw the note. He said Thailand is still willing to give the loan," Hun Sen said.

However, Abhisit was told that Cambodia needed an official letter from him, but though the Thai premier agreed he failed to send the letter at the time it was promised.

"Abhisit is the most difficult person to work with when compared to other Thai PMs," Hun Sen said, adding that from now on Cambodia would not accept any aid from Thailand.

"We have decided to stop receiving any assistance from Thailand. Cambodia cannot allow itself to be humiliated," he added. "I told Abhisit that my people and I were hurt when we heard you talk about halting aid and loans. Now stop talking like this - it is cheap and childish."

The Cambodian leader also hit back about Thailand's threat to close the border between the two countries, saying: "If you are [an] idiot, if you want losses, please go ahead."

Bilateral relations between the two countries soured when Hun Sen appointed fugitive former prime minister Thaksin Shinawatra as his economic adviser and refused to extradite him to Thailand.
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Question Hun Xen and gov't officials on KRT interference: Nuon Chea's lawyer

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Khmer Rouge lawyers demand probe

Lawyers for a former Khmer Rouge leader have demanded that investigators at Cambodia's war crimes court question premier Hun Sen and government officials over alleged interference.

The defence for former Khmer Rouge ideologue Nuon Chea cited a September statement by Hun Sen - who himself defected from the communist regime in 1977 - that witnesses do not have to testify to the UN-backed tribunal.

If Hun Sen has indeed told witnesses that they do not have to cooperate, then he has committed a criminal offence and is seriously affecting the judicial investigation, defence lawyer Michiel Pestman told AFP on Monday.

A copy of the request obtained by AFP also cited a government spokesman's remark in October that six senior government and legislative officials summoned by the court should not testify.

(Hun Sen's) conduct is affecting the fair trial of our client because some of these were witnesses we asked for, Pestman said.

Ultimately it could undermine the whole legitimacy of the court, he added.

The process has often been hit by allegations that Hun Sen's administration has attempted to interfere in the tribunal to protect former regime members who are now in government.

The troubled tribunal, which has also been hit by accusations local staff were forced to pay kickbacks for their jobs, was created in 2006 to try leading members of the regime on charges of war crimes and crimes against humanity.

As the court has sought to investigate other suspects, Hun Sen has made fiery speeches warning further prosecutions could plunge Cambodia back into civil war.

The court plans to try Nuon Chea, former Khmer Rouge head of state Khieu Samphan, foreign minister Ieng Sary and his wife, minister of social affairs Ieng Thirith sometime in 2011.

The court's first trial, of former Khmer Rouge prison chief Kaing Guek Eav, alias Duch, completed its final arguments last week.

Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia's cities in a bid to forge a communist utopia, resulting in the deaths of up to two million people from starvation, overwork and torture.
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The diplomatic crisis between Phnom Penh and Bangkok threatens the Trans-Asian Railway

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Realization of the railway threatened - along six kilometres - which crosses the border between the two countries. The line should unite in Kunming in southern China to Singapore, along a path of 5300 km. End of work planned for 2015, for a total cost of 15 billion dollars.

Phnom Penh (AsiaNews / Agencies) - The diplomatic crisis between Phnom Penh and Bangkok is seriously jeopardizing the completion of the Trans-Asian Railway in the area which will connect Kunming in southern China, to Singapore, along a path of 5300 km. The project of 15 billion dollars could vanish over just six kilometers: those needed to join Sisophon, Cambodia, to Aranyaprathet, Thailand.

Cambodian government sources, on condition of anonymity, told the South China Morning Post (SCMP) they understand the reasons why Thailand "does not to continue the project while there are ongoing hostilities." A manager of the Thai State Railways confirmed that "negotiations are ongoing," but the situation is deadlocked.

To undermine the project, the diplomatic crisis flared up between Phnom Penh and Bangkok after the decision of Prime Minister Hun Sen to take as Cambodian economic adviser former exiled Thai Prime Minister Thaksin Shinawatra sentenced to two years at home for corruption. The two countries withdrew their respective ambassadors. Following this a Thai citizen was arrested in Cambodia on charges of espionage.

The track that crosses the border between the two countries is reserved for freight traffic. The line along Cambodia and Vietnam is the most important part of the project, the completion of which is forecast for 2015. It represents the crossroads between the different rail lines and will serve to improve the Cambodian railway, in a strategic point for the entire region.

Paul Power, one of the engineers on the project, confirms that "it is difficult to imagine the completion of the work" if there is no stretch "along the border" between the two countries. "All this has implications at regional level" he adds, because "there is no point in the link between Ho Chi Minh City and Phnom Penh, without connection with Thailand."

The Trans-Asian Railway (TAR) is a project aimed at creating an integrated rail network for Europe and Asia, sponsored by the Economic and Social Commission for Asia and the Pacific United Nations (UNESCAP). The work got under way in the 60s of last century, with the aim of establishing a rail link - a 14 thousand km track- which could unite Istanbul with Singapore, that follows on to China.
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The Khmer Rouge Tribunal: Trials and Tribulations

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A memorial at the Choeung Ek mass-grave site in Cambodia is composed of victims' skulls. A flag is reflected in the glass panel (Sarah Caron / Polaris)
When the Khmer Rouge emptied the Cambodian capital Phnom Penh of human inhabitants in 1975, one of Pol Pot's soldiers murdered 4-year-old Theary Seng's father. Later, Theary Seng, her mother and siblings ended up in a prison in southeast Cambodia. One day, Theary Seng awoke to an empty cell — the prison population had been massacred overnight. In a rare act of mercy, the Khmer Rouge soldiers allowed the handful of children to survive. Theary Seng eventually escaped to a Thai refugee camp and then to the U.S. Her story is by no means unique in Cambodia. In just this one prison in Svay Rieng province, between 20,000 and 30,000 people were executed, and during the Pol Pot era, about 1.7 million Cambodians died — more than 20% of the country's population.

Still traumatized by those years and subsequent decades of political instability, many Cambodians had hoped that the U.N.-backed Khmer Rouge tribunal, a hybrid Cambodian–international court, would help push the country toward reconciliation. In November 2007, Theary Seng, now a human-rights lawyer in Phnom Penh, applied to become the first civil party at the Khmer Rouge tribunal — whereby she and other Khmer Rouge victims are participating in the criminal proceedings with their own set of lawyers. On Friday, the Extraordinary Chambers in the Courts of Cambodia (ECCC) — the official name of the tribunal — finished hearing its first case. Prosecutors sought a 40-year jail sentence for Kaing Guek Eav, known as Duch, (pronounced Doik) who ran the notorious S-21 prison, a Phnom Penh high school transformed into an interrogation center where Duch is accused of overseeing the grisly deaths of approximately 15,000 people. Over the last six months of hearings, the court heard accounts of interrogators who ripped off toenails, suffocated prisoners with plastic bags, forced people to eat feces, electrocuted prisoners and drained blood to extract confessions. During the trial, Duch, 67, said that Cambodians should hold him to the "highest level of punishment." But he also begged for forgiveness, saying he was only "a cog in a running machine." Duch's defense team painted the former math instructor as a mid-level bureaucrat who didn't personally torture anyone and was only following orders, and on Friday, Duch pleaded for the tribunal to release him.

(See pictures chronicling the rise and fall of the Khmer Rouge.)

Such has been the topsy-turvy nature of the tribunal. Indeed, just getting to the end of the first case was an ordeal. There have been allegations of a kickback scheme where Cambodian employees at the tribunal are forced to pay back a part of their salaries to the government officials who gave them their jobs. On two different occasions, only last-minute donations from Japan allowed the Cambodian side of the court to pay its staff. Then, in a fiasco dubbed Waterlilygate, one of the international lawyers said documents found in a moat filled with lilies had been stolen from his office. And last week the New York–based Open Society Justice Initiative, an international law monitor, accused the Cambodian government of meddling with the tribunal, claiming "political interference at the ECCC poses a serious challenge to both the credibility of the court and its ability to meet international fair trial standards."

Despite these issues, Theary Seng says the tribunal has ultimately helped the healing process by encouraging people to talk openly about the Khmer Rouge era. She says that though most Cambodians assume there is some degree of corruption at the tribunal, "we are not to the point where it should shut down." She says that the Khmer Rouge tribunal is more than a court of law — "it's also a court of public opinion."

(Read about malaria prevention in Cambodia.)

About 28,000 people attended Duch's trial at the ECCC on the outskirts of Phnom Penh, and millions more Cambodians followed the tribunal on television and the radio. With about 70% of the Cambodia's 14 million people born after the Khmer Rouge regime, the trial enabled an entire generation to learn about their country's terrible past. Youk Chhang, the director of the Documentation Center of Cambodia, says that the fact that the tribunal was held in Cambodia was key to sparking interest in the trial and knowledge about the period. In January, the University of California Berkeley's Human Rights Center released a report saying that 85% of Cambodians had little or no knowledge of the trial. Now, with the distribution of a new textbook on the Khmer Rouge coinciding with the trial, Youk Chhang says "the whole country is aware."

The tribunal has also helped Cambodians in unexpected ways. A counselor sits next to every survivor who testifies — at one point during the Duch trial, a judge even ordered a witness to see a psychiatrist, according to Sotheara Chhim, a Cambodian psychiatrist and director of the Transcultural Psychosocial Organization (TPO). An estimated 14% of the population suffers from posttraumatic stress disorder, and Sotheara Chhim says the number of people who suffer from depression or anxiety is likely much higher than that. Though information about mental health is still limited in rural Cambodia, "the trial brought out a lot," Sotheara says.

Now comes the waiting. A verdict for Duch isn't expected until March. For Theary Seng, the Duch case "is sort of a test trial" for the more important Case Two when four high-ranking Khmer Rouge leaders will be in the dock: Nuon Chea, 83, who was second in command to Pol Pot; former head of state Khieu Samphan, 78; former Foreign Affairs Minister Ieng Sary, 84; and Ieng Thirith, 77, the former Social Affairs Minister. They are expected to face the tribunal in 2011 in a case that could last years. Case Two, says Theary Seng, will make Duch's case look like "a cakewalk." Unlike Duch, the four defendants held high-level positions in the Khmer Rouge, have denied complicity in war crimes and refused to apologize. Time is also running out. With the youngest defendant aged 77, some or all of the defendants may not live long enough to face the tribunal.

If the past year is any indication, the tribunal will face many more hurdles, but Theary Seng says it has benefited Cambodia. The trial, she argues, has generated much needed discussions about history as well as mercy across the country. Says Theary Seng: "The Khmer Rouge tribunal has triggered a process of forgiveness." And perhaps a process leading finally to closure.
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Khmer Rouge Death Camp Commander Awaits Sentence

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However, Theary Seng -- an author, lawyer and human rights activist -- argued that Duch should be sentenced to two or three life sentences, even after taking into consideration his cooperation with the court. "There are too many counts on which he could be found guilty and each one carries a life sentence," she said.

PHNOM PENH -- The trial of a Khmer Rouge prison commandant who oversaw the deaths of at least 12,000 people has wrapped up. But in his final statement, Kang Guek Eav, also known as Duch, stunned the court by asking for an acquittal.

It was a complete about-face from a desperate man who had acknowledged he was guilty of crimes against humanity and breaches of the Geneva Conventions, although claiming he acted under orders and amid fear of retribution.

The three Cambodian and two international judges declined the request and ended the trial. Sentencing is expected early next year.

In summing up, Duch's lawyers attempted to downplay the role of S-21, an extermination camp converted out of a Phnom Penh school at Toul Sleng during the Khmer Rouge's rule, from April 1975 to January 1979.

Helen Jarvis, head of the court's victims unit, said many of the victims will be relieved that the court had wrapped up the trial, which began in February. "For the last seven months they have been here almost every single day, and have been following the ups and downs," she said. "They've been on the edge of their seats, crying, angry, upset, worried. Their emotions have been absolutely high-pitched for seven months."

About 1.7 million people died under the Khmer Rouge's rule -- from murder, starvation and illness caused by forced migration around the country -- as the ultra-Maoists attempted to establish their vision of an agrarian utopia.

At S-21, the court heard, prisoners were routinely beaten and whipped, had their toenails torn out, and faced electric shocks and water-boarding. Surgery was performed on prisoners without anesthesia, and blood was extracted from them until they lay dying. Westerners were burnt alive.

Prosecutors asked for 40 years in prison, instead of a life sentence, because Duch had admitted running the prison, apologized for his role and provided evidence against other senior leaders slated for trial.

However, Theary Seng -- an author, lawyer and human rights activist -- argued that Duch should be sentenced to two or three life sentences, even after taking into consideration his cooperation with the court. "There are too many counts on which he could be found guilty and each one carries a life sentence," she said.

Defense lawyer François Roux told the court that Duch was full of remorse, drawing comparisons with Albert Spear, Adolf Hitler's defense minister in World War II, who was sentenced to 20 years in jail at the Nuremberg war crimes trials.

Roux said Duch had shed tears over the graves of the children who, after being processed at S-21, were subsequently transported to the Killing Fields on the outskirts of town, where, like their parents, they were bludgeoned to death.

The Khmer Rouge established 196 such camps around the country, all based on a prototype developed by Duch in 1971.

S-21 remained the principal camp among them, and Duch was central to the Khmer Rouge's policy of purging potential enemies of the state. "S" was derived from Santabel, the name of the Khmer Rouge secret police. "Twenty-one" was Duch's secret personnel number.

Prosecutors said Duch's crimes were comparable with those of Nazi Germany and Stalin's Russia. But Greg Stanton, president of Genocide Watch, said that footage shot by a Vietnamese cameraman who entered Toul Sleng along with invading Vietnamese troops in late 1978 indicated that the brutality under Pol Pot may have been much worse.

The film was ruled inadmissible by judges after it was challenged by the defense for its authenticity, and the footage remains unseen. But Stanton described the 10-minute, black-and-white, silent film as showing bodies chained to beds and burnt alive. "Bodies were shackled at the ankles and disemboweled. It's the most horrible thing on earth," he said. "You could tell the film was shot just after those people were burned alive."

But in comparing the evidence offered before the court with the information Duch surrendered a decade ago, photographer and author Nic Dunlop said the truth had been told -- if in varying degrees.

"He's been truthful up to a point, there is a measure of sincerity. There is consistency in what he says, but he's had 10 years to script it," Dunlop said. "The prosecution asserts he lacks sincerity and lacks empathy for the victims, perhaps, but 10 years ago he wasn't reading an apology from a piece of paper."

Dunlop is credited with tracking down Duch, who he found working at his old profession as a teacher in the countryside in 1999. As a consequence, Duch surrendered to the authorities. Dunlop later published a book about him, titled, "The Lost Executioner."

"It's like we are taking down a brick wall, brick by brick," Dunlop said, "a wall that separates his emotional life and reality. . . . He always seemed disconnected."

That lack of empathy and disconnection perhaps explains why Duch ignored seven months' worth of his own defense in asking for an acquittal.

International politics and three decades of war in Cambodia prevented a tribunal until now, with Duch the first Khmer Rouge leader to face trial. Trials of former Foreign Minister Ieng Sary, his wife Ieng Thirith, former head of state Khieu Samphan and Brother Number Two Nuon Chea, are not expected to begin until late next year.

Other Khmer Rouge leaders -- including Brother No. 1 Pol Pot -- have died.

Luke Hunt is a Hong Kong-based correspondent and a World Politics Review contributing editor.
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U.S says to continue help Cambodia to fight HIV/AIDS

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PHNOM PENH, Nov. 30 (Xinhua) -- The United States said on Monday that it will continue to help Cambodia in fighting against HIV/AIDS.

"The United States looks forward to continuing our support of successes like these and we are committed to furthering efforts that curb the spread of HIV in Cambodia," it said in a statement released here on Monday by its Embassy.

The U.S is considered as the largest bilateral HIV/AIDS donor in Cambodia, committing 18 million U.S. dollars in 2009 as part of the President's Emergency Plan for AIDS Relief.

The U.S helped Cambodia cut its HIV/AIDS prevalence rate by half among the general population and by two thirds among brothel-based sex workers, a remarkable success story in the global fight against the disease.

The U.S. assistance is also helping to provide life-saving antiretroviral medication to more than 31,000 Cambodians living with HIV/AIDS, reaching over 90 percent of those in need, the statement said.

Over the next five years, the United States will place a renewed emphasis on partnering with Cambodia to build the country's national HIV/AIDS response, it added.
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Motorcycle sales gain traction in Cambodia after slow year

0 comments Nov 29, 2009
PHNOM PENH, Nov. 30 (Xinhua) -- Motorcycle dealers in the capital Phnom Penh say sales have finally started to pick up following this year's downturn prompted by the global economic crisis, as buyers spend money generated in the provinces on upgrading to new models that have recently entered the market for 2010, local media reported on Monday.

Kim Chhay, one of the many dealers who operate on Phnom Penh's Sihanouk Boulevard, was quoted by the Phnom Penh Post as saying that sales had risen between 10 and 20 percent since October "due to demand for new models" of brands including Honda, which he said had recently launched its 2010 range.

Having seen sales plummet from around 100 units a month to between 30 to 40 during the first 10 months of 2009, he said sales have climbed. "Now we're selling around 60 motorbikes per month."

A reduction in retail prices had also spurred demand, he said. Last year's Honda Dreams sold for 1,700 U.S. dollars to 1,800 U.S. dollars per unit, compared with about 1,500 U.S. dollars for the new series.

Taing Ang, another dealer in the capital, said that people from the provinces who had completed land transactions were propping up demand, adding that Honda in particular had seen an upswing in sales.

"The Suzuki series hasn't seen an improvement yet," he said.

Vouch Lay, who deals Suzukis, said she had not seen sales pick up, blaming the rising demand for Honda's newly released models. "I don't see any recovery yet," she said.

She added that Suzuki was due to begin a new promotion shortly, which she hoped would "spur the number of sales to improve on the current situation".

Demand for motorcycles in Cambodia was expected to fall to 100,000 units this year from the previous 140,000 units, according to Matoba Micifumi, managing director of Yamaha Motors Cambodia Co, who previously said Yamaha motorcycle sales had dropped 25 percent in the first quarter.
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Economic Thrust Eastwards

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Hun Xen embraces Nguyen Tan Dung, meanwhile....
Villagers from the beseiged Kraya commune in Kampong Thom province say they have been forced to hide in cassava fields for fear of arrest and now face increasing health risks from a lack of medicine and the threat of malaria from sleeping outdoors. Authorities blockaded the commune following a violent protest last month over their impending eviction, during which equipment belonging to the Vietnamese-owned rubber company Tin Bean was set on fire (Photo by: Heng Chivoan,
The Phnom Penh Post)

Alternatives Watch – 30xi09
Op-Ed by Ung Bun Ang
Almost three decades after sending its troop into Cambodia, which has since paid dividends so handsomely, Vietnam makes another strategic move that will have far-reaching implications for Cambodia. This year sees a thrust of Vietnamese investments that reaches a total of US$1.5 billion in Cambodian vital sectors: land, natural resources, and telecommunications.

Vietnam has secured the right to exploit in Block 15 – a 6,900 square km site off the northeastern shore of Tonle Sap – oil reserves for the next 30 years, and gas reserves for 35 years. It holds 100 percent interest in the venture giving Cambodia only an option to obtain later a share of up to a mere 5 percent. Meanwhile, to sweeten the deal, Vietnam presents to Cambodia a “social benefit fund” of US$2 million. There is no mention of how they will address inevitable environmental damages.

Back on land, Vietnam is to develop 100,000 hectares of rubber plantations in five Cambodian provinces to be completed in 2015. These involve land concessions that last almost 100 years – long enough for any land located close to the border to inconspicuously become part of Vietnam. The development has already led to a violent clash with local villagers; more than one thousand families live on the land that is now part of an 8,000 hectare land concession belonging to Vietnamese plantation firm Tin Bien.

Vietnam is shrewd in managing its own forests; it protects them and develops its economy by exporting its deforestation to Cambodia. Cambodia has become a major source of supplies of illegally logged wood to help fill a substantial hole left in Vietnam’s local lumber supply after the government implemented reforestation policies in the 90’s.

Vietnam sets itself up to control a significant chunk of the Cambodian telecommunication network. Vietnamese military-run telecommunication corporation Viettel is now the largest telecommunication service provider in Cambodia – six months after launching its Metfone mobile service network. Metfone currently accounts for 60 percent of all ADSL internet services and 50 percent of the fixed phone market; it has two million mobile subscribers. Vietnam claims its satellite system Vinasat-1, with its coverage over the Southeast Asia, can meet all the Cambodian needs ranging from television to internet. The sweetener is the Viettel’s donation of US$500,000 to help poor Cambodian children in need of medical treatments; it promises to provide internet services to 300 Cambodian schools this year. Vietnam agrees to help build a radio station in Siem Reap the Cambodian government claims it needs to give the local Vietnamese community a better access to information. With these benefits, Cambodia puts its national security that links to its communication network at the mercy of Vietnam.

The economic thrust eastwards will, first and foremost, benefit Vietnam. Cambodia will also gain; but the extent and nature of long term costs will be unknown for some time. Meanwhile, the thrust will divide Cambodian opinions, just like the Vietnamese military intervention and occupation of Cambodia. The combined impact of the two major Vietnamese strategies could only weaken Cambodia.
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"Samnaum Por Tuk Tvea Som Tos" a Poem in Khmer by Yim Guechse

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Cambodian Government to Allow Freehold for Foreigners, I won't hold my Breath

0 comments Nov 28, 2009
Yet again there is a report that legislation to allow foreigners to buy property in Cambodia freehold is about to become law, according to a new report in the New York Times.

During the last boom Cambodia property became very popular with investors from all around the world, and rightly so; people were buying property and selling 6 months later for a 12% profit, 12 months later for a 24% profit on a regular basis. During this time a report that the government was coming closer to allowing foreigners to buy freehold would make the news at regular intervals -- we all waited and waited but it never came.

I was interviewed by a journalist from the Phnom Penh Post round about October 2007, and he asked me if I thought the law would go ahead, depending on who was elected (elections were coming up). I said, at the moment the government doesn't need to change the law, because the economy and property market are doing well, but I see prices levelling off in the next 6 months, at which point the government of the day may reconsider the law.

I was right about prices levelling off; little did I know that this would be followed by Cambodia and many other nations falling prey to the global downturn. Now that Cambodia has suffered quite badly, it is entirely possible that the government may make it easier for foreigners to buy property, as an incentive to choose the country and hopefully cash-in on the rising investment levels seen in other Asian nations.

At the moment foreigners can only buy Cambodian property by setting up a company with a Cambodian senior partner. If they don't want to go that route then they must buy on leasehold, though some developers are giving 99 year leasehold tenures which is full ownership according to some judicial systems.

At this stage however, it is unlikely that changing the law would have a major impact on Cambodian property investment -- certainly nowhere near the effect it would have had during the boom. The international real estate investment landscape has changed; currently the best opportunities lie in established markets, where below market opportunities abound. Established markets are also currently the favourites because of the reduced appetite for risk among private investors.

That said, Cambodia will always be one of the top emerging markets for property investment in my opinion. Before the downturn the economy was growing at a blistering pace of 10-11% per year, based on massive growth in the industrial and services sectors, with construction and real estate also generating significant revenues. This economic growth continued to increase the affluence of Cambodians, and property values and rents continued to grow.

Cambodia has also been left with a number of unique traits from the brutal Khmer Rouge rule:

* Most of male population is under 25; a young vibrant workforce
* Both commercial and private property sectors are relatively new, so pricing is still finding its grounding
* A determination among the entire population to drive the nation forward and to reach their full potential.

These traits made it very popular for retail and commercial investment, on top of the astonishing economic growth. It is likely that Cambodia will regain its popularity with property investors once the economy can return to growth, and the massive bargains start to dry up in established markets. If the new law is improved it will no doubt increase the fervour of this boost.
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Cambodia B1.4bn loan still on[- Will Hun Xen still accept Thai charity?]

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Prime Minister Abhisit Vejjajiva said yesterday Cambodia's decision to scrap a 1.4 billion baht loan from Thailand to subsidise a road improvement project was the result of a misunderstanding.

He was responding to a news report which quoted Cambodian Foreign Ministry spokesman Koy Kuong as saying Phnom Penh decided to cancel the loan.

Mr Abhisit said Cambodia thought Thailand terminated the loan so it sent a letter to inform the government that it would cancel the loan.

He said talks were under way to correct the mix-up. "Cambodia thought we had cancelled [the loan], so they sent a letter to cancel it," Mr Abhisit said.

"In fact, the cabinet hasn't made a decision on the loan scheme."

The 1.4 billion baht loan to upgrade a road from Surin to Siem Reap was discussed by the cabinet after the recent diplomatic spat erupted.

However, the termination of such an international agreement requires approval from parliament to take effect.

Thai-Cambodian ties turned sour when Cambodia's Prime Minister Hun Sen appointed Thaksin Shinawatra as an economic adviser.

Relations took a turn for the worse when Cambodia rejected Thailand's request for extradition of Thaksin to serve a two-year jail sentence and Thailand responded by threatening to review agreements and projects including the loan in question.

Mr Abhisit yesterday brushed aside former foreign minister Surakiart Sathirathai's suggestion that the government initiate talks with Phnom Penh to normalise the ties. He said the results of the meeting of the Thai-Cambodia General Border Committee (GBC), which concluded on Friday, were satisfactory.

Thani Thongpakdi, deputy spokesman of the Foreign Ministry, said yesterday the ministry received Cambodia's letter to terminate the loan deal. He declined to say if Phnom Penh's latest move was suggesting bilateral ties were further strained.

He said it was a normal practice for governments to review and if necessary cancel loan deals.

Meanwhile, the GBC meeting and the meeting between detained Thai engineer Sivarak Chutipong and his mother, Simarak na Nakhon Phanom, was seen as a good sign for bilateral relations.

Mr Sivarak, official of the Cambodian Air Traffic Services, was arrested on Nov 12 for allegedly stealing flight information concerning Thaksin. It took two weeks before his mother was allowed to visit him at prison.

His bail request is pending a court review.

Mr Sivarak is scheduled to appear in court for a first hearing on Dec 8.
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Hang tough if Hun Sen gets rough

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LEGAL-EYED: Kao Soupha
Kao Soupha is a lawyer who is well used to government pressure.

The 37-year-old Cambodian believes that if a lawyer is afraid of the state, then many innocent people will have no chance to defend themselves.

For this reason he decided to represent jailed Thai engineer Sivarak Chutipong.

Mr Sivarak, 31, an employee of Thai-owned Cambodia Air Traffic Services, was arrested on Nov 12 on charges of leaking information concerning the flight plan of Thaksin Shinawatra as he travelled to Cambodia.

Mr Sivarak is being held at Prey Sar prison, pending a bail consideration and first hearing on Dec 8.

"I see he [Mr Sivarak] has a good chance of being freed as I believe he did not really steal the flight records," Mr Soupha said.

Mr Soupha admits his client was in a position to know of all the flights in an out of Cambodia but that Thaksin's flight plan was not a secretive matter.

Had Mr Sivarak "spied", he would not have left Cambodia and travelled to Laos on Nov 6 and returned to Cambodia on Nov 9, says Mr Soupha.

He acknowledged the arrest of Mr Sivarak was a headlining issue between the two countries, but it was not a complicated case because as far as he knew there was not much evidence supporting the plaintiff side.

Mr Soupha also believes the arrest of Mr Sivarak was politically motivated and the case should be resolved by the two governments.

"They are playing a game and Mr Sivarak is, unfortunately, in the middle," he said.

According to Cambodian law, if Mr Sivarak is found guilty of spying he faces a jail term of between seven and 15 years.

Mr Soupha specialises in providing legal counselling for Cambodian and foreign people. Most of his cases are concerned with human rights violations and alleged unfair treatment by the Cambodian government.

He often deals with the Thai community in Phnom Penh and is regularly contacted by the Thai embassy in Phnom Penh.
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Abhisit's action: A lesson of political civility to the opposition for Hun Xen?

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PM thanks red shirts for postponement of rally
Prime Minister Abhisit Vejjajiva Sunday thanked the red-shirt leaders for postponing the rally, and thus easing the situation before the celebrations of His Majesty the King's birthday.

"I would like to thank all sides for making the situation better. Earlier, the people were worried about the political rally," Abhisit said during his weekly TV programme.
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Opposition distributes 50,000 leaflets about border dispute

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Opposition activists were and are distributing Sam Rainsy's message attacking PM Hun Xen's government for causing the loss of Cambodian territories to the benefit of Vietnam. At the same time, SRP MPs are asking the government to make available to the public documents regarding the legal aspects of the border resolutions with Vietnam.

Numerous SRP activists in the entire country are currently distributing leaflets about the border problems to Cambodians. The SRP leaflets contain the message issued by Mr. Sam Rainsy to the people of Cambodia, dated 19 November 2009. The content of the message blames Hun Xen's government for leading a dangerous policy involving border problems. In the same message, Sam Rainsy also accused Hun Xen of turning the public attention to the western border with Thailand while ignoring the danger along the eastern border with Vietnam.

Yim Sovann, SRP MP and SRP spokesman, indicated today that his party plans to distribute 50,000 copies of Sam Rainsy's message to Cambodians at various places all along the country. According to Yim Sovann, the goal of this distribution is to inform the people about the border problems [and the loss of Cambodian territories] to the benefit of neighboring countries.

At the same time, SRP MP Son Chhay wrote a letter to PM Hun Xen asking the government to issue documents about the legal aspects taken by the government to resolve border disputes with Vietnam. Son Chhay's letter was forwarded by Heng Samrin to the government on Thursday, but so far there is no answer from the government yet.

Government officials could not be contacted to comment in this issue as of today, however, reports have indicated that the authorities have prevented and arrested a number of leaflet distributors and brought them in for education so that they stop taking such action again. Opposition leader Sam Rainsy was accused by the top three leaders of the ruling party (Xen, Xim and Xamrin) of instigating problem for political gain, and of disturbing the government work in its resolution of problems with Thailand.

The determination of the opposition party to distribute these leaflets is a new issue that increases further political tension in the country. The opposition's action takes place after Sam Rainsy's political immunity was lifted at the beginning of November.
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.. Meanwhile the CPP is leading its PR campaign to discredit the opposition

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A SRP official recognized that opposition party members have defected to the CPP, however, he said that defection is a personal right for each party member. Prey Veng SRP MP Chea Poch made this declaration after about 100 SRP party members defected to the CPP branch office in Meanchey district, Phnom Penh city in the morning of Saturday 28 November. The defectors allegedly include Sam Rainsy's bodyguards who used to be faithful to him. The defectors condemned Sam Rainsy for not leading the party properly and he allegedly never thought about party members at all (sic!).
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Hun Sen - Thaksin Shinawatra : A Political Game?

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(Photo: Reuters)

By Maya Mary Kong
Cambodian Perspectives Review - November 2009
About the author:
Maya Mary Kong is a Ph.D candidate in political science, Canada. Born in 1985 from a Cambodia father and an Australian mother, I wish to express my gratitude to my parents for their love, support during all these years and for transmitting to me their love for Cambodia. A particular thank is also expressed to the worldwide Cambodian community for its help and strong encouragement. I also wish pay homage to Khmer people who have lost their life for the country, and all those who dedicate a part of their life to lead actions for Cambodia. And finally, a special thoughts for people who suffer and die because of the extreme poverty.
The press covers these last few days Hun Sen's stunning declarations of support for Thaksin. He appeared as a defender of the latter, even offering him a post of economic advisor. At his arrival at the airport in Thailand for the summit of ASEAN, he continues by saying that Thaksin is a « political victim » and compares him with Aung San Suu Kyi, the key figure of democracy and Burmese opposition. He adds that his « concerns » are also humanitarian . While Cambodia risks of being in one big humanitarian misery due to the growing poverty of the Cambodian population.

Hun Sen's attitude irritated not only Bangkok but also caused questions to many observers, why a Prime Minister - whose political party has ruled the country for thirty years without sharing real power within the National Assembly - worries about the democracy and the humanitarian issues in the neighbouring country, Thailand. While his CPP party - installed to power in Phnom Penh in January 1979 and supported by Viet-Nam until this day - did not cease, since its landslide victory in July 2008 with the legislative elections, Hun Sen strengthened his clamp to suffocate all opposition voice while keeping the vast majority of the Khmer population in an extreme poverty in order to control it for political purpose.

Obviously, these declarations - emanating from such a high ranking official of Phnom Penh regime where nothing can be decided without Hanoi agreement - are not certainly unplanned. These declarations are found to be a double political game of Hanoi which fits clearly in a renewed geopolitical context in order to push the Vietnamese expansionism even farther.

This is the thesis that we want to defend in this short present article. Its goal is to bring some of elements to reduce information asymmetry, which is systematically perpetrated to the Cambodian people. The consequences of such an asymmetry were dramtic as well as devastating for Cambodia.
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Victims and public attendance at Duch's trial

0 comments Nov 24, 2009


Bou Meng, right, a Cambodian survivor of the S-21 prison during the Khmer Rouge regime, arrives at the U.N.-backed tribunal court hall where Kaing Guek Eav, the prison's former chief, is being tried for war crimes and crimes against humanity, in Phnom Penh, Cambodia, Tuesday, Nov. 24, 2009. Other people unidentified. (AP Photo/Heng Sinith)

Chum Mey, center, a Cambodian survivor of the S-21 prison during the Khmer Rouge regime, walks in front of the U.N.-backed tribunal court hall while Kaing Guek Eav, also known as Duch, the former chief of the Khmer Rouge's notorious prison, now known as Tuol Sleng genocide museum, is being tried for war crimes and crimes against humanity, in Phnom Penh, Cambodia, Tuesday, Nov. 24, 2009. (AP Photo/Heng Sinith)
Cambodian Buddhist nuns line up in front of the U.N.-backed tribunal court hall while Kaing Guek Eav, the former chief of the Khmer Rouge's notorious S-21 prison, is being tries for war crimes and crimes against humanity, in Phnom Penh, Cambodia, Tuesday, Nov. 24, 2009. (AP Photo/Heng Sinith)
Cambodian students line up as Buddhist monks, left, arrive at the U.N.-backed tribunal court hall while Kaing Guek Eav, the former chief of the Khmer Rouge's notorious S-21 prison, is being tries for war crimes and crimes against humanity, in Phnom Penh, Cambodia,
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11 December: Hun Xen’s date set for passage of anti-corruption law

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NGOs demanding for an end to corruption (Photo: RFA)
A declaration from the 20 November plenary meeting of the Council of Ministers indicated that PM Hun Xen had decided to set the 11 December Council of Ministers meeting to pass the anti-corruption draft law.

Sorn Chey, the founder of the Khmer Institute for National Development, considers Hun Xen’s decision to pass the anti-corruption draft law by the Council of Minister as another evolution step for this law that has been stalled for so many years already.

Sorn Chey said: “We hope that the recommendations made by the civil societies in the past will be included in the draft law, and we hope that this draft law will be ratified soon.”

Rong Chhun, President of the Cambodia Independent Teachers’ Association (CITA), welcome Hun Xen’s decision to raise this anti-corruption law for its passage by the Council of Ministers, in spite of the fact that, after its ratification, it is not yet known whether it will be efficient or not to handle the corruption issue.

Rong Chhun said: “The anti-corruption [draft] law takes more than a decade-long and it is still not out yet. What we want is for this law to be adopted soon, regardless of how its application will be!”

Yim Sovann, SRP MP and SRP spokesman, said that, as a MP, he will continue following the meaning of the draft law.

Recent report from Transparency International (TI) indicated that corruption in Cambodia has slightly improved over the year before, but it still remains at the bottom rank among very corrupt countries in the world.

Of the 180 countries evaluated by TI, Cambodia, Laos, Tajikistan and Central Africa all rank 158. Furthermore, Cambodia is only better than another country in Asia: Burma which ranks 178.

The anti-corruption law was prepared since 1994.

Opposition officials, civil society organizations and aid donors have insisted on many occasions for the government to introduce this law, and they are all anxiously waiting to see its adoption.
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Duch 'should get 40 years'

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PHNOM PENH - FORMER Khmer Rouge prison chief Duch should get 40 years in prison for his role in the hardline communist regime, a prosecutor told Cambodia's UN-backed war crimes court on Wednesday.

'We submit... that the sentence to be submitted by this trial chamber should be 40 years in prison,' Bill Smith told judges in the prosecution's final arguments.

Duch - whose real name is Kaing Guek Eav - has apologised repeatedly and admitted responsibility for his actions under Pol Pot's brutal communist movement, which killed up to two million Cambodians in the 1970s.
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Cambodian court to rule on spy charges against Thai engineer on Dec 8

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A Cambodian court is scheduled to deliver a ruling in the case against a Thai engineer, who was arrested on an espionage charge, on December 8, a senor Thai Justice Ministry official said Wednesday.

Thai News Agency quoted Thawee Sodsong, deputy permanent secretary for Justice, as saying that the court was scheduled to deliver a ruling on the case against Siwrak Chutipong on December 8.

Thawee arrived at the Suvarnabhumi Airport Wednesday morning after meeting the Cambodian justice minister and Siwarak in Phnom Penh, Thai News Agency said.

Thawee said the Cambodian justice minister promised to ensure that Siwarak would receive justice and he would make arrangement for Siwarak's mother to visit him in the prison.

Thawee said Siwarak was being detained in a 5 x 5 metre cell along with four other suspects.
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Prosecution calls for 40-year sentence for Duch in Khmer Rouge trial

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Phnom Penh - The prosecution at Cambodia's war crimes tribunal called Wednesday for judges to hand down a 40-year jail term to Comrade Duch, the former commander of the Khmer Rouge's most notorious prison known as S-21. Co-prosecutor William Smith said Duch, whose real name is Kaing Guek Eav, was the Khmer Rouge regime's "loyal and dedicated agent" in running S-21, where thousands of people were tortured and executed between 1975 and 1979, and must be punished accordingly.

Despite some cooperation by Duch and his limited acceptance of his responsibility, Smith said the loss and suffering of the victims and their families must be foremost in the judges' minds when considering their sentence.

The prosecution accepted that their proposed 45-year tariff ought to be reduced by five years for time already served by Duch in pre-trial detention.

Duch is 67, so the prosecution's jail demand would effectively translate to life in prison.

"The whole of humanity demands a just and proportionate response to the crimes [committed at S-21]," he said, adding that the court must remember that the lives and dreams of thousands murdered at S-21 had been stolen by Duch.

Sentencing in Duch's trial is due to take place early next year. There is no death penalty in Cambodia, and he faces a maximum punishment of life in prison.

Duch, who appeared in court in a lilac Ralph Lauren shirt and beige trousers, ran the infamous torture and execution centre known as S-21 in Phnom Penh where at least 15,000 people died between 1975-79. Very few inmates survived.

On Tuesday, the national co-prosecutor Chea Leang told the court that far from being the mere functionary he had tried to portray himself as, Duch was in fact the key intelligence operative for the Khmer Rouge as they sought out real and imaginary enemies of the revolution.

"He was the [Khmer Rouge's] trusted man to identify supposed plots against the revolution and to root out enemies," Chea Leang said.

Thousands of people were tortured and killed at S-21. Witnesses at the trial this year have told how some prisoners had their blood entirely drained, while others suffered simulated drowning, electrocution and beatings.

The defence and Duch himself are scheduled to address the court later Wednesday.

On Monday, lawyers for the civil parties, a collection of 90 people who are predominantly relatives of prisoners who were murdered at S-21, presented their closing arguments.

Duch has testified during the 72-day trial that he was simply following orders and had almost no power to help detainees sent to S-21.

Four senior surviving Khmer Rouge leaders are currently in jail and awaiting trial.

The Khmer Rouge ruled Cambodia between 1975 and 1979 before being forced out of power by neighbouring Vietnam. Around 2 million people died of starvation and disease or were executed under the radical regime.
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Desperate Thaksin may go for broke

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With his assets seizure trial nearing its end, Thaksin Shinawatra may find himself a drowning man clutching desperately at every last straw.

A judgement against him will certainly quash the pardon-Thaksin petition that his supporters submitted in September, shutting down all avenues for him to escape legal punishment.

This has prompted speculation, or fears to be exact, that his red-shirted supporters could run amok before the court is scheduled to hand down the ruling.

Thaksin needs to protect his Bt76 billion assets, perhaps his last resources as far as the public knows, which have been frozen at the request of the Assets Examination Committee. As the court is expected to read its verdict in mid-December at the earliest, if Thaksin were to have any chance of survival he would need the royal pardon before then. But the pardon seems to be drifting in a long process.

If the fugitive ex-premier is found guilty in his Bt76-billion assets case, which is now before the Supreme Court's Criminal Division for Political Office Holders, his chances of staging a comeback to politics would be zero. The curtain would be drawn on him. The court won't allow an appeal unless the defendant can produce new evidence. A portion or even all of his assets will be confiscated depending on the court verdict.

Thaksin will also later face criminal charges for malfeasance and dereliction of duty in violation of Article 157. As he violated the law on many counts he may end up getting sentenced to dozens of years in prison.

On the other hand, if Thaksin is found not guilty in the assets case he may feel relieved. He will have only the two-year jail term for the Ratchadaphisek land purchase to serve. His other cases are still just in court.

Yellow-shirted protest leader Sondhi Limthongkul also once said he would not mind if Thaksin was granted a pardon after he surrendered and came back to Thailand.

As nobody, even the fugitive ex-premier, knows how the assets decision will turn out, Thaksin has no choice but to topple the Democrat-led government by all means before the court concludes the case to pave the way for his return.

Thaksin maybe realises that the court might reach a finding sooner rather than later, so he has no time to prolong his battle. He has to end the game sooner rather than later. After using neighbouring country Cambodia to attack Thailand, leading to a dispute between the two countries, the fugitive ex-premier is now blowing the whistle to his supporters to oust the government. That's why his red-shirted supporters moved their rally up.

The red shirts will now kick off their "showdown rally" on Saturday - a day earlier than planned - in a bid to "bring down" the government as soon as possible. The red-shirt leaders expect one million people to join the protest. They would disperse temporarily on December 2 to make way for ceremonies to mark His Majesty the King's birthday on December 5, and re-gather after that.

One week before the rally, Prime Minister Abhisit Vejjajiva got death threats from community radio stations in Chiang Mai, which is Thaksin's political base. Abhisit had scheduled to visit the province next Sunday.

During the Songkran mayhem, the premier almost lost his life when his car was attacked by red-shirted people at the Interior Ministry. Some fear that Thaksin's new battle may repeat history.

It would be no surprise if Thaksin sets off on a "kamikaze" mission and takes the country hostage as he has always done - putting his personal interest before the country's.
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ASEAN: from defiance to accommodation

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WHAT FORMER ASEAN heavyweight leaders Indonesian President Suharto, Singaporean Prime Minister Lee Kuan Yew and Malaysian Prime Minister Mahathir Mohamed had in common was a passionate belief in the regional grouping and a readiness to defend the Asean identity and values. They did it with valour and stood firm against heavy criticism from non-Asean countries. In short: no kowtowing to external demands without a consensus.

During the first three decades, their unyielding leadership and attitude was the mantra guiding Asean from an obscure regional grouping to an international player. The 13-year Cambodian conflict, for instance, allowed Asean to show its mettle and patience. From 1979-1992, Asean diplomats and representatives roamed the world lobbying for votes at the annual UN deliberations and garnering support for their unwavering efforts to drive out foreign military occupation of Cambodia.

Their joint vision of a united Asean that could resist external pressure and meddling was well-known. At its inception, Asean was perceived as a pawn in the global power plays as part of the broader Cold War. The grouping has continued to show it has a mind of its own - sometimes much to the irritation of their Western allies and friends.

Burma's hard-headed approach throughout the 1990s was the bench mark of such resistance. Asean countered Western pressure not to admit the pariah state as an Asean member because of its horrible human rights violations and political oppression. Both Suharto and Mahathir strongly backed Burma's membership in Asean against growing international opposition. Burma subsequently joined Asean in 1997. They argued that as countries in the region, they were better placed to resolve their problems.

The days of Asean's defiance are gone. New body languages and rhetoric have quickly emerged within the region. Obviously, Asean has benefited by riding piggy-back on rising Asia. Several factors have contributed to these dramatic shifts both outside and inside Asean.

Last year's global economic and financial crisis caused by the West has pushed the role of Asian economies to the forefront in ameliorating the turmoil. The continued growing influence of China and India - both key dialogue partners of Asean - has further strengthened the grouping's international role and position.

Within the regional grouping, the transformation came last December when Asean adopted a charter and transformed itself into a rule-based organisation. Of course, the jury is still out on how effective the organisation can be in years to come as some Asean members have not yet complied with their new obligations and commitments. After 16 years of procrastination, the setting up of the Asean Intergovernment Commission for Human Rights in October indicates the grouping's willingness - in a slow and evolutionary manner - to accept international norms and standards.

At his meeting with Asean leaders two weeks ago in Singapore, US President Barack Obama even endorsed Asean centrality in future attempts to build a new regional architecture. Indeed, Washington's recognition of Asean as a driving force has an overall positive impact on the future US role in Asean and the Asian region as a whole. As a result, a new Asean is emerging that is no longer uptight and defensive.

Watching US-Asean leaders talking about cooperation and coexistence at regional and global levels, one could be optimistic that the grouping has taken a new mode - a willingness for closer cooperation with dialogue partners to resolve common challenges.

Such confidence and trust in Asean has taken more than three decades to evolve. When Asean initiated the dialogue partner system in 1977 it was purely for selfish reasons of augmenting its regional interest through increasing bargaining power, widening marketplace, as well as access to technological know-how and financial assistance.

In the previous two summits in Thailand, Asean as a whole responded and engaged much better with external players. It was more open to new ideas. The members were more willing to listen, as articulated by Prime Minister Abhist Vejjajiva, the Asean chair, to proposals made by Japan and Australia. Unlike past scepticism, Asean is welcoming new approaches that will strengthen its role. In the case of building a regional architecture, Asean is no longer adamantly insisting on the Asean+3 process.

But there is a worrying trend in intra-Asean relations. The Thai-Cambodian dispute, with personalised elements, has already rocked the cradle of Asean's cardinal principle of non-interference and good neighbourliness. Despite the appeal of "maximum restraint" to the conflicting parties and mediation efforts from Asean Secretary General, Dr Surin Pitsuwan, very few Asean members were ready to do so. As Surin put it, the appeal is part of what he described as "effective dynamics" inside Asean as a rule-based organisation.

Singapore Foreign Minister George Yeo wrote to him expressing support while Vietnamese Deputy Prime Minister and Foreign Minister Pham Gia Khiem has written to Cambodian Foreign Minister Hor Namhong calling for restraint.

Asean has a weak spot when it comes to resolving disputes among members. Within the Treaty of Amity and Cooperation, Asean has a High Council for such a purpose but none has used it. They prefer international arbitration. Fortunately, no Asean members have gone to war against each other in the past 42 years. For the time being, Thailand and Cambodia have yet to climb down. Indonesian President Susilo Bambang Yudhoyono, who was briefed on the situation by Abhisit and Prime Minister Hun Sen in Singapore, has assigned Foreign Minister Marty Natalegawa to follow up on the development and determine if Indonesia, on behalf of Asean, can have a role. If the current Thai-Cambodian conflict and boiling nationalism continues unchecked and unresolved, it could lead to large-scale arms clashes that could tarnish Asean at the most pivotal time.

In the near future, Asean leaders must also show it is worthwhile for the dialogue partners to increase their engagements with their headquarters through their permanent offices. The US and China have already decided to open them by early next year. Japan, South Korea, Australia, India, New Zealand and the EU would probably follow suit soon. Other two dozen countries, who already have their ambassadors accredited to Asean, would have to do the same later.
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Kasit misled the [Thai] nation on MOU with Cambodia

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It was quite clear that there is not any clause or any wordings in the MoU that would allow the persons who were behind the original draft an edge in giving advice, which would be of special benefit to the Cambodia side over the Thai side in further negotiations. The next negotiation will be under full control of the new negotiators or the new government which would take control of the negotiation.

MATICHON NEWSPAPER, on November 16, published an article on Dr Kriangsak Kittichaiseri who was one of the members in the Thai team that negotiated the drafting of the Memorandum of Understanding between Thailand and Cambodia on Overlapping Maritime Boundaries.

Both countries claim the areas, which are known to have a sizeable deposits of oil and natural gas.

The details of the MoU were also published alongside the article. Having read the article and the MoU, I blamed myself for being so na๏ve and listening to the words of our Minister of Foreign Affairs on this issue.

My misunderstanding started from the nationalistic emotion as a Thai. The appointment of Police Lt-Colonel Thaksin Shinawatra, who was sentenced for wrongdoing in some cases by a Thai court, to be personal adviser to Prime Minister Hun Sen of Cambodia, was deemed as insulting behaviour by the prime minister of Cambodia towards Thailand and its justice system.

I felt it was an adequate retaliation to protect the nation's dignity when, immediately after the appointment, the Thai government recalled the Thai ambassador. Later on, Prime Minister Abhisit Vejjajiva and Minister of Foreign Affairs Kasit Piromya threatened to revoke the said MoU, with Minister Kasit saying that the revocation was necessary because the MoU was negotiated and signed during Thaksin's administration. It allowed Thaksin to know all the inside story and important clauses in this MoU.

Such comprehension would enable Thaksin to give advice to our disadvantage and directly impact the negotiations between Thailand and Cambodia under the framework of the MoU.

This story line was also disclosed by Dr Panithan Wattanayakorn, deputy secretary-general to the prime minister, which made it more believable. As a Thai who do not want to be taken advantage of by the Cambodian who insulted our dignity, I, of course, concurred that the move to revoke the MoU was intended to protect the interest of Thailand.

Later on, several eminent persons appeared and considerately gave warnings to the government on this matter with good rationale, which shook my original beliefs.

In the end, it was the article by Dr. Kriangsak that made the whole story become clear to me and I realised that I was completely taken in and fooled by Minister Kasit's story, which was a hoax.

It was quite clear that there is not any clause or any wordings in the MoU that would allow the persons who were behind the original draft an edge in giving advice, which would be of special benefit to the Cambodia side over the Thai side in further negotiations. The next negotiation will be under full control of the new negotiators or the new government which would take control of the negotiation.

The outcome of the negotiation in the joint development area with regard to who will be responsible for what, which party would be a developer, which job will be contracted out and to whom, and any commercial conditions, including the proportion of revenue sharing, totally depends on the new government. They would control the negotiation without being bound by any conditions mentioned or even thought of by the Thaksin government in the past.

The outcome of the negotiation in the area that was agreed to be split in various zones or blocs, which party would develop which zone and the percentage of revenue sharing also totally depends on the new government which controls the negotiation. No other person could, therefore, presume in advance using their privilege.

The MoU specified that in order to negotiate further, a joint committee on technical issues must be established, comprising both Thai and Cambodian members.

To my knowledge, such a committee has not yet been established and there is not any instruction or policy from the government to start the negotiation on this matter.

If we want to thwart any chance to make use of the oil and gas supply under the sea in the area that would benefit Cambodia, simply refraining from establishing the joint committee and from any further negotiation would be effective. Otherwise, if we are so troubled that Thaksin could give advice advantageous to Cambodia, we can simply avoid by not appointing the joint committee for further negotiation. I do not see any necessity to revoke this MoU by any means.

Countries which have a joint boundary and overlapping maritime area will be inseparable for thousands of years. A conflict that exists today could, one fine day, disappear. An opportunity to develop the natural resources in the overlapping area would still be ready to be exploited for mutual benefit if we do not allow emotion to take control of ourselves and lead to an unnecessary act of revocation.

However, what upset me most in this circumstance was the fact that our Minister of Foreign Affairs gave false information to the public. This time, it is the information related to the relation with foreign countries, which normally the Ministry of Foreign Affairs would be especially careful and thoroughly cautious about. When our Minister of Foreign Affairs told an untrue story while our counterpart was aware of the fact, the integrity of the Thai government was at stake, not only in the eyes of our counterpart but also in the eyes of other countries in international arena who may well be aware of the content of this MoU.

I think it is still not too late for the government to change its stance on this issue. Do not be too confident that your proposal to revoke the said MoU will be approved by Parliament. MPs in many parties and even those in the Democrats do think of the national interest as the main objective. I do not want to see the government being changed when this proposal is voted down in the Parliament.
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Sam Rainsy's clarification letter to The Phnom Penh Post

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Sir,

The article titled “Sam Rainsy slams VN incursions” in the November 20 edition of the Phnom Penh Post, did not reflect the main point I wanted to stress in my November 19 message to the Cambodian people.

When I said, "Prime Minister Hun Sen is currently playing a dangerous game” affecting Cambodia, I was referring not to his "understating the threat posed by Vietnamese territorial encroachments" as you wrote, but to the fact that he is playing with fire while handling Cambodia’s relations with Thailand.

My message reads, "Mr. Hun Sen is using a classical tactic to divert the Khmer people's attention [from other more serious problems] by exacerbating tensions [with Thailand]."

It concludes, "Cambodia should remain neutral in any internal dispute in any other country. Any spillover from the current tension or unrest in Thailand could be very detrimental to Cambodia, [which could be] set ablaze as past experiences have shown when we unnecessarily and unwisely took side in our neighbours' internal disputes."
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Life under the Khmer Rouge

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Between 1975 and 1979, the Khmer Rouge submitted Cambodia to a totalitarian regime that killed more than a million people.

How did the Khmer Rouge come to power?

In the 1960s, ‘Khmer Rouge’ was the name given to followers of the Communist Party of Kampuchea (the name given by the communists of Cambodia to the country). Following the military coup of 1970, they formed an alliance of convenience with the ousted prince. They then threw themselves into an insurgency, and, after five years of civil war, succeeded in capturing Phnom Penh and ousting the military.

What was their ideology?

Most of the movement’s leaders, including Pol Pot, studied for a time in France, where they were very influenced by the French Communist Party. But the Asian context – and the Vietnamese and Chinese examples – also contributed to the forging of their own ideological framework. As in Maoism, the Khmer Rouge made farmers their proletariat. They were also opposed to their Vietnamese neighbours, whom they considered arrogant intellectuals.

What kinds of policies were implemented during the Pol Pot regime?

When he came to power, Pol Pot declared it “Year Zero” for the Democratic Republic of Kampuchea. The Khmer Rouge completely isolated the country. Anyone suspected of being an “intellectual” was tortured and most often executed. Even wearing glasses was considered enough to warrant such treatment. This purging of Cambodian society gradually turned into a hunt for anyone suspected of opposition. In terms of economic policies, the Khmer Rouge abolished its currency and private property and went so far as to empty the cities and force the population into labour camps.

How many people were killed under this totalitarian regime?

According to estimates, between one and 2.5 million Cambodians -- out of 8 million -- died under the Khmer Rouge regime. The University of Hawaii performed a statistical calculation of the number of victims of Pol Pot’s regime. According to the study, 2,400,000 people died between 1970 and 1980. This estimate included deaths caused by famine.

How did the reign of the Khmer Rouge end?

In 1978, tensions between Vietnam and Cambodia turned into all-out war. On January 7, 1979 the Vietnamese captured Phnom Penh. The Khmer Rouge was forced to retreat west, where they continued an insurgency against the government until Pol Pot’s death in 1988. “Democratic Kampuchea” held on to its seat at the United Nations General Assembly until 1993.
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