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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