Tuesday, January 18, 2011

KI Media

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KI Media

Posted: 18 Jan 2011 05:22 PM PST
Theary Seng (pointing at a mass grave, possibly where her mom was killed in 1978) speaking with man who was there at Boeung Rai (the heart of the East Zone) when she was a prisoner there; DC-Cam estimated that 30,000 to be killed here.  Mrs. Andrea Mann (the German Ambassador's real boss!), Helen & Wally Boelkins, Daravuth Seng, village children, filmmaker Marc Eberle (Svay Rieng, 18 Jan. 2010).
On a more consistent basis, I will be writing a column to be published on KI-Media, my personal website www.thearyseng.com and other outlets on the Extraordinary Chambers (ECCC) in my capacity not only as a US-trained lawyer and civil society leader engaging Cambodians on the work of justice, peace and reconciliation in light of the ECCC, but more importantly as a Civil Party in Case 002 against the Senior Khmer Rouge leaders (the heart of the Extraordinary Chambers), the first victim to be recognized as such by and to testify in the ECCC.

There is an important deadline coming up for the Co-Prosecutors, 15 days after the final decision on the Closing Order (hence, end of this month of Jan. 31) to submit their list of witnesses to testify on the substantive facts and laws (crimes) against the senior Khmer Rouge leaders as set out in the Case 002 Closing Order to the Trial Chamber.

It it imperative that many voices of the 2,000+ accepted civil parties be given this role to testify as witnesses, as this is now the only means for us to have a direct voice in the criminal proceeding. This, however, requires that the names of the civil parties and their reasons as related to the crimes in the Closing Order be established and forwarded to the ECCC Trial Chamber for deliberation and acceptance. The strongest case is if the civil party's name is included in the list of witnesses of the Co-Prosecutors, due 12-13 days from now.

But if not in the list of the Co-Prosecutors, the civil party has a second chance if it is included in the list of witnesses to be submitted by the Civil Party Co-Lead Lawyers, Mr. ANG Pich and Ms. Elisabeth SIMONNEAU FORT, the deadline being mid-February 2011, 15 days after the deadline of the Co-Prosecutors.

It is highly questionable if the civil parties' lawyers -- both Khmer and foreign -- are able and capable to handle and represent effectively 2,000+ clients and still make the deadline of mid-February 2011.

First, the UN French Co-Lead Lawyer has yet to arrive in Cambodia and start her position. She is expected to arrive the end of January 2011 which will then give her 15 days to settle into a new home, new country, master the learning curve of general knowledge of Cambodia, then the specific history and rules of the ECCC, then the very specific nature of civil parties representation and details of 2,000+ clients. There is a rumor that she only speaks French and not Khmer or English. I wish her luck!

True, the Co-Lead Lawyers work in cooperation with a coterie of both Khmer and foreign civil party lawyers, approx. 40. The Khmer lawyers are limited to less than 10 persons; the foreign lawyers are either not based in Cambodia tending to their full-time positions in their respective country or if based in Cambodia full-time, it is questionable whether they "get" it for various reasons, e.g. language barriers, lack of commitment/seriousness/experience.

To address the insurmountable problems, it is suggested that the names of the civil parties to be forwarded to the Trial Chamber via the Co-Lead Lawyers be based on a quota system: for example, [ 5 ] names of civil parties from each of the 11 civil party lawyer teams.

This is the most absurd suggestion for obvious reasons, the main ones being:

One, witnesses should be determined based on their ability to testify on a substantive point of fact or law of the Closing Order, not based a random lottery picking to satisfy the fairness/unfairness of lawyers. The interests of the law and of the civil parties (and not the lawyers!) should be paramount.

Two, each team of civil party lawyers has clients ranging from 1 individual to 700+ individuals.

Three, it is a lazy, fatalistic method of handling a challenge without even attempting to tackle the problem.

By way of example, I am here publishing an excerpt of only my personal request and reasons to the Co-Prosecutors to be in their list of witnesses to the Trial Chamber with the hope that other civil parties will follow my lead in proactively engaging and assisting this process with their lawyers.

- Theary C. SENG, Civil Party and representative of Civil Parties of Orphans Class (18 Jan. 2011, Phnom Penh).
============

I.               Introduction

1.      I, Theary C. SENG in my personal capacity as the first applicant and first-recognized Civil Party by the Extraordinary Chambers ("ECCC") (see http://www.thearyseng.com/eccc-civil-party, in particular http://www.eccc.gov.kh/english/cabinet/courtDoc/176/C22_I_62_EN.pdf)  am requesting to have my name be included in the List of Witnesses of the Co-Prosecutors to be submitted to the ECCC Trial Chamber to testify in the criminal proceeding against the senior Khmer Rouge leaders—Nuon Chea, Khieu Samphan, Ieng Sary and his wife Ieng Thirith—of Case 002 for the reasons delineated below.


2.     I, Theary C. SENG in my capacity as founder and president of the Association of Khmer Rouge Victims in Cambodia ("Victims Association"), the first Cambodia-based victim association to be registered with the Ministry of Interior and the first to be accepted by the ECCC Victims Support Section, and in my capacity as the Representative of the Civil Parties of Orphans Class, a sub-group of the Victims Association whose inception preceded even the formal formation of the Victims Association, am requesting to have 12 members of the Orphans Class who are ECCC-recognized Civil Parties, listed below and in the attached Summary Annex, also be included in the List of Witnesses of the Co-Prosecutors for the reasons delineated below.  Most members of the Civil Parties of Orphans listed me in their civil party application as their Representative.

3.     In both capacities, herein, the "Applicant".

4.     It should be noted that the Applicant is nationally and internationally known for her tireless efforts to engage the Cambodian population in-country and in the diasporas on victims participation as (i) witness, (ii) complainant, or the novel (iii) civil party.  See http://www.thearyseng.com/peace-builder, in particular http://thearyseng.com/peace-builder/42/54 and http://thearyseng.com/victims-association.  She is the subject of countless documentary films, many mentioning her roles as the first civil party and representative of the Civil Parties of Orphans Class, notably Facing Genocide (Story Production, Sweden), Judging Genocide (ABC Australia, CNN World Untold Stories), and another in-production by German filmmaker Marc Eberle with thousands of hours of footage include outreach efforts by the Applicant spanning the last 3 years.

II.            Witness List

Witness No. 1 – Ms. Theary C. SENG

5.     Theary C. SENG is a child victim of forced Movement of the Population from Phnom Penh – Phase I (Closing Order: Part One VIII.A. para. 221-261), during which she suffered inter alia the "disappearance"/murder of her father KAO Im, a high-ranking military commander of the Lon Nol regime; Movement of the Population from the East Zone – Phase III (Closing Order: Part One VIII.A. para. 283-294), during which she suffered inter alia illegal arrest and illegal detention at Wat Tlork Security Center (Closing Order: Part One VIII.C. para. 664-666) later transferred to Boeung Rai Security Center (Closing Order VIII.C. para. 665) where she underwent Compulsory Labor as a child, witnessed the murder of a mentally insane woman and suffered the death of her mother and other prisoners, both security centers within the heart of the notorious East Zone during the height of the purges.

6.     Theary C. SENG, as a child from age 4–8, is a WITNESS to CRIMES AGAINST HUMANITY "whereby ranking officers and officials of the Khmer Republic (as well as their subordinates and family members) were targeted because they were considered likely to be hostile to the CPK"
-        Legal elements of MURDER of father, mother, mentally insane woman, and other prisoners
·       Wat Tlork and Boeung Rai Security Centers in the East Zone
o   Para. 1376.  "As regards security centers, for the entire period of the regime, the personnel of these centers, both directly and indirectly, caused the death of a large number of detainees. In most instances, the prisoners were killed deliberately through a variety of means, including summary execution in or near the security centers. Moreover, many prisoners died as a result of torture and ill-treatment."
o   Murder of Mother SENG Chen Eat.
o   Murder of mentally insane woman.
o   Murders of other prisoners.  The Documentation Center of Cambodia estimated that 30,000 lives were lost in Boeung Rai Security Center.
·       Phase I Movement
o   Murder of Father KAO Im

-        Legal elements of EXTERMINATION (para. 1381)
·       Wat Tlork and Boeung Rai Security Centers in the East Zone
o   Para. 1387.  Inhuman conditions.  As a child, Theary Seng was forced to pick dried animal manures among the countless mass graves.
o   Every night, the prison guards shackled the ankles of prisoners, including her juvenile brothers.
·       Phase I Movement – during the exodus out of Phnom Penh and during the temporary stay at Wat Champa pagoda, sea of human suffering (starvation, lack of medical treatment, shelter etc.)

-        Legal elements of ENSLAVEMENT (para. 1391)
·       Wat Tlork and Boeung Rai Security Centers
o   Para. 1392. "As regards the actus reus, the personnel of these cooperatives, worksites and security centers deliberately exercised total control and all of the powers attaching to the right of ownership over of the persons placed there, without them being given any real right to agree."
o   Para. 1394. "Moreover, in all the places mentioned above, including security centers, the victims were forced to perform work without their consent, unpaid and without the opportunity to reap the direct benefits thereof. Work venues, duration and schedules were imposed. The victims could not refuse to perform any work assigned to them. The work, coupled with the constraints described above, stripped them of their free will, and amounts to enslavement."
-        Legal elements of IMPRISONMENT (para. 1402)
·       Wat Tlork and Boeung Rai Security Centers
o   Para. 1403. "As regards the actus reus, the personnel of these sites intentionally imposed serious, arbitrary deprivation of liberty on the detainees, in violation of legal guarantees."
o   As set out in the "Factual Findings – Joint Criminal Enterprise" section, "the network of security centers replaced the judicial system in order to facilitate detention based on the presumed dangerousness of individuals as perceived by the CPK authorities", the "dangerousness of individuals" include Theary Seng a child victim only seven years old.

-        Legal elements of TORTURE (para. 1408)
·       Wat Tlork and Boeung Rai Security Centers
o   Para. 1409. "As regards the actus reus, on numerous occasions, CPK cadres through their acts or omissions, deliberately inflicted severe harm and suffering, both physical and mental, during interrogations."  Theary Seng witnessed the torture of a mentally insane woman in the courtyard of one the two Security Prisons where she was detained as a child of 7 years old.
o   Para. 1410. "Taking account of all the objective and subjective elements of the case, the treatment to which these people were subjected was so severe that it amounts to torture: the methods used, coupled with the inhumane conditions and the context of terror in the security centers, had very serious physical and psychological effects, and in some cases, resulted in death. Torture was both premeditated and institutionalized as the centerpiece of CPK policy against 'enemies'", including that of Theary Seng, a child of seven years old.
·       As a child living in the East Zone, Theary Seng was tortured when a Khmer Rouge village authority pierced her right eye and almost blinded her; the scar on her right eye lid is visible to this day.

-        Legal elements of POLITICAL PERSECUTION
·       Wat Tlork and Boeung Rai Security Centers
o   Para. 1417. "The CPK authorities identified several groups as "enemies" based on their real or perceived political beliefs or political opposition to those wielding power within the CPK. Some of these categories of people, such as former ranking civilian and military personnel of the Khmer Republic, were automatically excluded from the common purpose of building socialism. As for junior officials of the former regime, some were arrested immediately after the CPK took power, because of their allegiance to the previous government, and many were executed at security centers… The entire population remaining in towns after the CPK came to power was labeled as 'new people' or '17 April people'".
o   Para. 1424
·       Phase I Movement – Theary Seng as a child of 4 years old was forced with her maternal family members to exit her birth city of Phnom Penh; they were targeted for being a member of the "new people".

-        Legal elements of OTHER INHUMANE ACTS through "Attacks Against Human Dignity"
·       Wat Tlork and Boeung Rai Security Centers and Phase 1 Movement. 
o   Para. 1435. "Regarding the actus reus, by depriving the civilian population of adequate food, shelter, medical assistance, and minimum sanitary conditions, the CPK authorities inflicted on victim serious mental and physical suffering and injury, as well as a serious attack on human dignity of similar gravity to other crimes against humanity."

-        Legal elements of FORCED TRANSFER - Other Inhumane Acts Through Forced Transfer
·       Phase I from Phnom Penh and Phase III from East Zone
o   Para. 1448.  "Considering the facts set out in the sections relating to the three phases of the movement of the population, the material facts of the crime against humanity of other inhumane acts through forced transfer have been established.   In particular relating to the movement of the population from the city of Phnom Penh following the entry of CPK troops on 17 April 1975 (phase 1) […], and the movement of the population from the East Zone from late 1977 until late 1978 (phase 3) [for Theary Seng, to Wat Tlork and then Boeung Rai Security Centers] – the places where they lawfully resided without grounds permitted by international law."
o   Para. 1449. "With respect to the actus reus, victims endured great suffering, or serious mental or physical suffering or injury or a serious attack on human dignity of similar gravity to other crimes against humanity."
-        Legal elements to FORCED DISAPPEARANCES – Other Inhumane Acts Through Enforced Disappearances
·       Wat Tlork and Boeung Rai Security Centers
o   Para. 1470

7.     Theary C. SENG, as a child from age 4–8, is a witness to crimes in the Cambodian Penal Code 1956 - charges of MURDER and TORTURE of father KAO Im, mother SENG Chen Eat and torture of Theary Seng (piercing of her eye) and that of mentally insane woman when in prison.

8.     Theary C. SENG, in her individual capacity, makes the perfect witness to address the substantive matters delineated above, especially as a child victim and the associated set of rights violated in the crimes and matters abovementioned.

9.     Moreover, Theary Seng gives voice and representation to countless million other Cambodian victims by nature of her consistent, persistent work with victims, her very public platform and writings as well as her law training.

10.  Theary Seng is the author of Daughter of the Killing Fields (London, 2005), a memoir with particular focus on her experience during the Khmer Rouge years.  This memoir will be updated and augmented with additional chapters to be published with Seven Stories Press (New York, late 2011).
Posted: 18 Jan 2011 05:05 PM PST
January 19, 2011
The Nation

The Nation's Noppatjak Attanon joined other reporters to interview Thai Ambassador to Cambodia Prasas Prasasvinitchai yesterday about the case in Phnom Penh involving seven Thais.

What are the conditions for bail given to the four Thais yesterday?
They cannot leave Cambodia and have to report as summoned.

Where will the six [including the two who got bail earlier] stay?
The six are happy to stay in the house [within the compound] that the embassy prepared for them. I have told them that they can go outside [the embassy compound] but they insist on staying in. They have even asked others to do their grocery shopping.

What is their mental state?
They are all in a good condition, especially after they were bailed out. Samdin [Lertbut] has a bit of cold, while Panich [Vikitsreth] has developed an allergy to insects in the Prey Sar prison. Bugs bit him on the head and his body [he is not infested by lice as initially reported]. He has had to shave off his hair, but is under treatment. Narumol [Jitrawarattana] has a thyroid problem and has already been examined. The three others [Tainae Mungmajon, Kitponthorn Chusnasevee and Ratree Pitpattanapaibul] are all healthy.


Is there any chance of the media talking to Panich?
Panich insists that he doesn't want to talk to the media, because he doesn't want the court to set more bail conditions.

What did Panich say for you to tell the media?
He said that firstly, he had no intention of trespassing into Cambodian soil. Secondly, he respects the justice system of every country he visits, including that of Cambodia. And thirdly, he did not mean to have any adverse impact on Thai-Cambodian ties.

What is the court's explanation for not granting bail to Veera [Somkwamkid]?
The court said the reason was to prevent possible public unrest and to provide safety for him. I do not question the court. In case of dissatisfaction, an appeal should be filed in accordance with the law.

Will Veera appeal?
An appeal should be filed in 15 days, though I'm not sure if an appeal would be allowed in this case. In some cases, an appeal to the Supreme Court is not allowed during a court trial. The lawyers are looking into the legal provisions.

What happened while the seven were in jail?
Foreign Minister Kasit Piromya instructed us [the Thai embassy] to take care of the seven Thais the best we could. We coordinated for food to be sent to them from outside, which is not allowed normally. Also, visits by relatives are normally not allowed during a court trial.
Posted: 18 Jan 2011 05:01 PM PST
January 19, 2011
THE NATION

Four others get bail but activist is seen by Cambodia as threat to public order, govt says

Nationalist activist Veera Somkwamkid was left alone behind bars yesterday after the Cambodian Appeal Court agreed to grant bail for four other Thais detained in Prey Sar prison.

Foreign Ministry secretary Chavanond Intarakomalayasut said the provocative nationalist was seen by the Cambodians as a figure with the potential to hurt public order.

Veera has been charged with illegal entry into Cambodia, unlawfully entering a military zone, and espionage for trespassing and collecting information that could hurt Cambodian security.

"The Cambodian Appeal Court rejected the bail request, to keep him in prison and ensure public security and his own safety," Chavanond said.


However, Veera's aide Ratree Pipatanapaiboon - who faces the same charges- was granted bail yesterday after she gave her word to the court not to flee from Cambodia and to reappear in the court when she summoned.

Looking very serious when leaving the court after the decision yesterday morning, Veera shouted to waiting media: "I alone was not granted bail. I [will] keep fighting until the end."

Veera appeared to not cooperate with the court by refusing to testify through a Cambodian translator arranged by the court. He requested a new one from the Thai embassy.

His lawyers were now working on another appeal to the Cambodian Supreme Court to reverse the decision and have him freed on bail, Chavanond said. But it was unclear whether there would be a chance for a second appeal. The lawyer had 15 days to work out Veera's case, he said.

The Thai Embassy paid the bail for each of the freed accused and took them from Prey Sar prison to stay inside the embassy in Phnom Penh, Chavanond said.

They cannot return to Thailand but must stay until the end of the case, which Prime Minister Abhisit Vejjajiva expected to be settled before the end of the month.

Veera, together with yellow-shirt activists and ruling Democrat Party lawmaker Panich Vikitsreth, were arrested near Sa Kaew province's Ban Nong Chan while inspecting the disputed border area on December 26.

They were charged with illegal entry and unlawfully entering a military zone - two charges that could result in up to 18 months in jail. Veera and Ratree face an additional charge of spying that could see them jailed for up to 10 years if convicted.

Panich and Narumol Chitwara-tana were granted bail last Thursday and are also at the Thai embassy, waiting for the trial.

Ratree told reporters she felt better after getting bail, better than being held in the prison, although she did not know about the future.

Samdin Lertbutr from the Buddhist group Santi Asok said he told the Cambodian court he crossed the border unintentionally and had cooperated with the court during the trial. "I don't know when the verdict will be handed down. I miss my family so much now," he said.

Prime Minister Abhisit said he phoned Samdin in Phnom Penh to ask about the well-being of the group and assured him the government would continue to support their colleague Veera.

Samdin is a member of the Thai Patriots Network, which, backed by Santi Asok, plans to stage a rally against Abhisit's government over the dispute and the detained Thais.

The group wants the government to put more pressure on Phnom Penh to have the seven freed without prosecution. They insist the group was arrested on territory belonging to Thailand. They have called for Abhisit and Foreign Minister Kasit Piromya step down for "failing" to help their "patriotic" fellows.

The government, however, says the group did cross the border.

Abhisit said he would allow the Cambodian court to function and hoped only for a speedy verdict with lenient treatment for the Thais. The Thai government would take action only after the court's decision, he said but declined to say what it would do.

Veera was briefly held once before, when he entered the same disputed border location in August last year.
Posted: 18 Jan 2011 04:57 PM PST
January 19, 2011
By Supalak Ganjanakhundee
The Nation

Loud nationalistic slogans from the so-called "patriots" will do nothing to help save the seven Thai nationals facing prosecution in Phnom Penh. In fact, these slogans might worsen the situation because Cambodia could interpret them as direct threats to its security.

If activists in Thailand desisted from trying to turn it into a boundary dispute, Phnom Penh could treat it as a normal trespassing case and issue a speedy verdict, and let the seven off leniently. The release of two of the detainees on bail last week was a test for the Thai side - whether they will keep it simple or complicate matters.

The cases of Democrat Party MP Panich Vikitsreth and yellow-shirt activist Veera Somkwamkid are two extreme examples.

Both were part of the same group of seven who were arrested on December 29 for allegedly inspecting the disputed area near Ban Nong Chan in Sa Kaew province. Initially, all seven faced the same charges - trespassing and unlawfully entering a military zone - which is punishable with 18 months in prison.


In his testimony, Panich said he had crossed the border by accident, compared to Veera, who insisted that he was arrested on Thai territory and that the area belonged to Thailand. Panich and yellow-shirt activist Narumol Jittawarattana were granted bail last Thursday, while Veera will be spending more time in Prey Sar prison.

The other four had obviously learned their lesson; they adopted the right approach, cooperated with the court and ended up getting bail yesterday.

Still, granting bail does not bring the case to an end. The six temporarily out of jail need to stay in Cambodia until the trial, the date for which has not been set yet.

Now, reaction from the people in Thailand would be important and critical for the verdict. If Thais see the case as no more than a normal illegal entry, then it could be treated as a simple trespassing case in accordance with the Cambodian immigration law. However, if the people here see this case as a territorial dispute, then it could become complicated, with Cambodia considering it a threat to its national security.

The so-called group of patriots and the yellow-shirt movement most probably want to make this case bigger than it should be. They insist that the seven were on Thai territory and are singing Veera's praises, calling him a hero who is fighting to protect the motherland. They are trying to push the government to take the same stand by rallying in front of Government House as well as lodging a petition with the Palace, asking His Majesty to intervene. They are also calling on many senior government office holders, including Prime Minister Abhisit Vejjajiva and Foreign Minister Kasit Piromya, to step down.

Several yellow-shirt leaders are also using this as an opportunity to accuse the government of failing to protect Thailand and its sovereignty, as some demand that the government scrap the memorandum of understanding on boundary demarcation signed in 2000. Meanwhile, some crazy nationalists want the military to kick out Cambodian communities living in the disputed boundary area, and one "patriotic" academic is taking things further by claiming that it was a Thai king who built the great Angkor Wat in the early 12th century.

Some media activists have also jumped on to the nationalistic bandwagon and are now floating unconfirmed reports about military deployment in border areas - increasing tension between the two countries.

Though all these moves are aimed at putting pressure on the government, they are also sending confusing signals to Phnom Penh. It appears as if Thais would much rather have a conflict with the neighbouring country rather than maintain good relations and cooperate to solve the problem.
Posted: 18 Jan 2011 04:50 PM PST
2011-01-18
Xinhua

Bilateral trades between Cambodia and China increased 41.5 percent in 2010 compared with that of 2009, official statistics showed on Tuesday.

The two countries' total trade volume hit 1.12 billion U.S. dollars in 2010, up 41.5 percent from about 791 million U.S. dollars in 2009, according to the statistics from the department of statistics and planning of the Ministry of Commerce on Tuesday.

Of the figure, Cambodia's exports to China worth 56.8 million U. S. dollars, increased nearly four folds from 15 million U.S. dollars in 2009 and Cambodia's imports from China reached 1.07 billion U.S. dollars, up 37.8 percent from 776 million U.S. dollars in 2009.


The increase in trade volume is due to the economic recovery.

Cambodia's main imports from China are garment raw materials, machinery, foodstuffs, electronics, furniture, light products, medicines and cosmetics while Cambodia's main exports to China are agricultural products, rubbers, fishery, timbers, and some garments and textiles.
Posted: 18 Jan 2011 04:47 PM PST

International Covenant on Civil and Political Rights

Ratified, acceded by UN General Assembly in December 1966, entry into force March 1976. Cambodia ratified the ICCPR (thus, a part of Cambodia's body of laws) and is obligated to submit regular reports to the United Nations.
Part III
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
Posted: 18 Jan 2011 04:45 PM PST

Tue, Jan. 18, 2011
By JULIE SHAW
Philadelphia Daily News

CARRYING signs that blared "Stop Unjust Deportation," more than 200 immigrant-rights advocates took to the streets yesterday to rally against what they see as civil-rights injustices.

On Martin Luther King Jr. Day, they marched to the Immigration and Customs Enforcement office, at 16th and Callowhill streets, raising their voices for Chally Dang, for Mout Iv, for Davy Phean, for Vanney Van.

The four Cambodian immigrants sit in York County Prison, detained by ICE. They had been welcomed into this country as refugees and became legal permanent residents.

But each had committed a crime, and although they served their prison times, under 1996 immigration laws they are deportable back to Cambodia without a hearing before an immigration judge on the merits of their cases.


Before the march, supporters gathered at the Arch Street United Methodist Church, on North Broad Street, where state Rep. Mark Cohen, D-Phila., told them: "Martin Luther King loved demonstrations. . . . It is clear members of the Cambodian community and others being deported for crimes committed in the past . . . should not be deported."

The Rev. Robin Hynicka, church pastor, said that community service on MLK Day "just doesn't cut it." Instead, what the immigrant-rights groups were doing - standing up for human rights, protesting - is what makes "life worth living for me," he said.

Dang was 15 when he committed an aggravated assault. He served five-plus years in prison.

He is now 28, married and a father of four kids, ages 3 months to 6 years. He was working for a vending company when he and his fellow Cambodians were detained in Sept. 21. He now awaits deportation to Cambodia - a country he has never set foot in. Dang was born in a Thailand refugee camp.

"The person he was when he was 15, he's not that person anymore," his wife, Ana Maria Cruz, 27, said as she stood outside the ICE office, which was closed yesterday.
Posted: 18 Jan 2011 04:41 PM PST
Constitution of Cambodia (Sept. 1993)

Chapter III
Rights and Responsibilities of Khmer Citizens
Article 40


Citizens' freedom to travel, far and near, and legal settlement shall be respected.
Khmer citizens shall have the right to travel and settle abroad and return to the country.
The rights to privacy of residence, and to the secrecy of correspondence by mail, telegram, fax, telex and telephone shall be guaranteed.
Any search of the house, material and body shall be in accordance with the law.
Posted: 18 Jan 2011 04:39 PM PST
Tue, Jan. 18, 2011
By Michael Matza
Philadelphia Inquirer Staff Writer

Linking their demonstration to the human-rights theme of Martin Luther King's Birthday, about 200 members of pro-immigrant groups marched Monday from Center City to the regional offices of Immigration and Customs Enforcement to protest the pending deportation of four Cambodian men.
Outside the office at 1600 Callowhill St., they festooned a fence with placards - "Stop Tearing Families Apart" - and hundreds of yellow ribbons.

"Education, not deportation," they chanted.

Rallying the crowd through a bullhorn, Desi Burnette of Media Mobilizing Project, a co-organizer of the march, said the men facing deportation were "heroes" to her because they made serious mistakes and learned from them.

The four were born in Cambodia or Southeast Asian refugee camps after their families fled the Khmer Rouge and the Pol Pot regime. They and their parents were admitted legally to the United States as refugees about 25 years ago.


As youths and young adults, they committed aggravated assaults and other crimes. They were convicted, served time in prison, and now face expulsion. ICE agents arrested them last September.

Authorities say they are "criminal aliens" and by law must be removed. Their defenders say they are rehabilitated and deserve another chance to remain in America.

Demonstrator Steve Scaffone, pastor of Living Water Church in the city's Logan section, said his congregation of about 50 people is mostly Cambodian. He said he found it "ironic" that he learned about the four men on the same day that Eagles coach Andy Reid announced that convicted dog-fighter Michael Vick would be his starting quarterback - saying in effect "that our country is all about second chances."

After the four Cambodians were detained, their supporters formed the One Love Movement to Keep Families Together.

One Love cofounder Joe Hanzsum said he hoped that when ICE officials returned to work Tuesday they would see the ribbons and "take another look at these cases."

"Are they really a threat to society? If they are, I'm with you: Deport them," he said. "But if they are not, give them a second chance."

The protest included the Asian Student Association of Philadelphia; Central High School's Students Against Unjust Deportation; the United Taxi Workers Alliance; and other groups.

Citing King's famous 1963 "Letter From Birmingham Jail" - in which he wrote about the difference between just and unjust laws - the demonstrators released a Dec. 4 letter from York County Prison written by 30-year-old Chally Dang, one of the men facing deportation.

"I entered the United States as an infant, made my mistakes as a juvenile and was punished for those mistakes as a young adult," he wrote. "And as I now embrace life as a reformed, tax-paying civilian, the actions of my past still haunt me with what my fate might be. I can only implore mercy from a system in which I trust forgiveness and second chances still exist."
Posted: 18 Jan 2011 04:28 PM PST

Former Haitian Dictator to Face Charges of Corruption

Ginger Thompson
International Herald Tribune
January 18, 2011

http://www.nytimes.com/2011/01/19/world/americas/19haiti.html?ref=global-home

Also in The Guardian

Former dictator 'Baby Doc' Duvalier charged with corruption in Haiti
Posted: 18 Jan 2011 04:27 PM PST
January 18, 2011
Paul A. Ebeling, Jnr.
www.livetradingnews.com

Cambodian Prime Minister Hun Sen said Tuesday that the country's GDP growth in Y 2010 is 5.5%, higher than March's forecast of 5%.

The growth rate is higher than the forecast by the International Monetary Fund, the Asian Development Bank and the World Bank at 4.8%, 5% and 4.9% respectively.

"Y 2010 was a good year for Cambodian economy with a significant growth of approximately 5.5%, attributive to the growth in tourism, agriculture and garment," the premier said on Tuesday evening during the official opening of the 30th ASEAN Tourism Forum.

Last year, Cambodia achieved tourism growth of 16% with International tourist arrivals of around 2.5 million, he said.

The premier projects that Cambodia's poverty line will go down to 19.5% by Y 2015 from 30% and 27.4% in Y 2007 and 2009 respectively.—
Posted: 18 Jan 2011 04:17 PM PST
Click on the chart to zoom in
Posted: 18 Jan 2011 03:32 PM PST
Respected Venerables,
Dear Devotees and Compatriots,

This is a communication from Ven. Viriyadhammo Puoch Kandaal, abbot of Wat Jotanaram.

We, members of Wat Samakki Dhammikaram of Brooklyn and Wat Jotanaram of Bronx, New York city, are very sad because of the passing of Ven. Sangvarasilo Long Mean, abbot of Wat Samakki Dhammikaram, at age of 92 on January15, 2011.

Please see an obituary below.

Please kindly help distribute widely.

Templenews TV
http://www.templenews.org/

Obituary: Wat Samakki Dhammikaram's abbot Ven. Sangvarasilo Long Mean, age 92, passed away peacefully due to illness on Saturday the 11th Waxing Moon of Phussa Year of the Tiger BE2554, January 15, AD2011

Courtesy Ven. Viriyadhammo Puoch Kandaal and Wat Samakki Dhammikaram
Posted: 18 Jan 2011 03:21 PM PST
Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)
Posted: 18 Jan 2011 03:17 PM PST
Posted: 18 Jan 2011 03:14 PM PST
Hor 5 Bora (aka Baby Hor)
Response to Ms Gwyneth Williams of BBC Radio 4 January 13, 2011

Ms Gwyneth Williams
Controller
BBC Radio 4
Broadcasting House
London W1A 1AA

Dear Ms Williams,

On behalf of the Royal Government of Cambodia, I am writing to express concern and disappointment with the Radio 4 programme, "Crossing Continents" which was broadcast on January 13, 2011.

While giving the superficial appearance of being unbiased and even-handed, your reporter Mukul Devichand appeared to be pursuing a very clear agenda; the intention being to discredit the Royal Government of Cambodia and sully its reputation.

In his article to complement the programme which appeared on several BBC websites, Mr Devichand's argument that Cambodia is a "Country for Sale" seemed to bear an uncomfortable similarity to the ferocious and malicious allegations made against the Cambodian Government in recent years by the international pressure group, Global Witness.

One can only hope that the BBC has not been misled by this politically-motivated and discredited body which seems to specialize in spouting ever more irresponsible statements and misinformation.


The issue of land allocation and management in Cambodia is delicate and complicated and there are no easy solutions. You may be aware that during the Khmer Rouge regime all land deeds were burned which has meant the whole torturous process of establishing rightful ownership has had to be started again from scratch.

I can assure you however that the Royal Government of Cambodia is doing everything it can to speed up the process of land registration and is totally committed to issuing documents to ordinary citizens. To date, more than two million such land deeds have been dispatched. Steady progress is also being made by Cambodia's Cadastral Commission in resolving land disputes involving farmers and other households. By 2015 it is expected that 65% of all land in Cambodia will have been re-registered, with 48.75% owned by individual farmers. So to give the impression (as your programme did) that the Government is actively favouring foreign investors at the expenses of its own citizens is completely false.

At the same time, the Royal Government of Cambodia is happy to acknowledge the importance of opening up opportunities to foreign investors in order to improve the management of state-owned lands which will help Cambodia achieve its national goal of eliminating poverty by improving food production and the security of its national resources.

I appreciate if the content of this letter could be broadly broadcasted and circulated.


Yours Sincerely,

Hor Nambora
Ambassador of Cambodia to the Court of St James's
London, United Kingdom
Posted: 18 Jan 2011 02:20 PM PST
Extravagant: Baby Doc and Michele's wedding in 1980. The couple used the funds of every government department for their own pleasure
Former Haitian dictator Jean-Claude "Baby Doc" Duvalier arrives at the prosecutors office in Port-au-Prince. Photograph: Hector Retamal/AFP/Getty Images
The Milice Volontaires de la Sécurité Nationale (MVSN), or the (Militia of) National Security Volunteers was a Haitian paramilitary force founded in 1958 to defend the autocratic and corrupt regime of François "Papa Doc" Duvalier. The MVSN, commonly known as the Tonton Macoutes, was notorious for corruption and brutality.
Cambodia's version of Tonton Macoutes used by the Hun Xen regime to evict poor people from their houses in Dey Krahorm (Photo:  John Vink/Magnum)
'Baby Doc' Duvalier charged with corruption in Haiti

Former dictator faces charges relating to his 15-year rule after being hauled before a judge in Port-au Prince

Tuesday 18 January 2011
Rory Carroll, Latin America correspondent
guardian.co.uk

Jean-Claude "Baby Doc" Duvalier was charged with corruption, theft, misappropriation of funds and other alleged crimes committed during his 1971-1986 rule after the former Haitian dictator was hauled before a judge in Port-au Prince tonight.

"His fate is now in the hands of the investigating judge. We have brought charges against him," Port-au-Prince chief prosecutor, Aristidas Auguste, told Reuters.

The charges must now be investigated by the judge who will decide whether a judicial case should go ahead.

Dozens of officers, including some in riot gear, had whisked him earlier from his hotel past a jeering and cheering crowd and into a 4X4 with tinted windows – a scene which his regime's victims had long dreamed of. The 59-year-old, who was not handcuffed, appeared calm and did not say anything. He had been due to give a press conference to explain his return from 25 years in exile.


"Mr Duvalier is under the control of the judicial system. He's not free, he's going to my office," Auguste said. Crowds immediately thronged the courthouse in expectation of a historic hearing.

Amnesty International and Human Rights Watch, among others, have urged the authorities to prosecute the former dictator for jailing, torturing and murdering thousands of people during his 15-year rule.

His longtime companion, Veronique Roy, when asked whether Duvalier was being arrested, laughed and said nothing.

The scene evoked memories of 7 February 1986 when crowds danced in the streets after widespread revolts and international pressure led to his departure.

His Swiss banked fortune long used up in divorce and tax disputes, Duvalier returned to Haiti without warning on Sunday on a flight from Paris, saying he wanted to help. "I'm not here for politics. I'm here for the reconstruction of Haiti."

By mid-morning today it became clear he would need help himself. Police staked out the Karibe hotel, which he had used as a base to meet supporters, while Auguste and a judge, Gabriel Amboisse, questioned him in private.

By the time he emerged there was a crowd, split, like much of Haiti, over a man who terrorised with the Tonton Macoute militia but also symbolised a time when the economy at least partly functioned. Some jeered, others shouted "Free Duvalier! Free Duvalier!" and chased the 4X4.

A spokesman for the UN high commissioner for human rights said it should be easier to prosecute Duvalier in Haiti because it was where atrocities took place but that the judicial system was fragile.

It remained unclear why he returned and what impact it would have on the year-long post-quake crisis which has left a leadership vacuum and a country in ferment, with near daily street demonstrations by rival factions.
Posted: 18 Jan 2011 02:07 PM PST
Posted: 18 Jan 2011 01:51 PM PST
January 19, 2011
By A. Gaffar Peang-Meth
PACIFIC DAILY NEWS

"If man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression," the world's nations warned as they proclaimed the Universal Declaration of Human Rights in 1948. "It is essential ... that human rights should be protected by the rule of law."

Tibetan Buddhist leader, the 14th Dalai Lama posited: "Peace can only last where human rights are respected, where people are fed, and where individuals and nations are free," and "it is the inherent right of all beings to yearn for freedom, equality and dignity, and they have an equal right to achieve that."

The concept of equal rights to freedom, equality and dignity was what drew me to study the ideals of America's republicanism when I set foot on U.S. college campus almost 50 years ago: equal rights, equal opportunity, equal treatment.

I continue to be awed by the work of Presidnet Thomas Jefferson, who wrote the self-evident truths, "that all men are created equal ... with certain unalienable rights," and who envisioned an "Empire of Liberty" for America that would uphold republicanism to counter British imperialism. I wanted nothing less for myself, and thought my countrymen should not be denied those truths.

The power of one

Robert F. Kennedy recalled how in history the work of a single person had created great movements of thought and action that swept the world.


Just so, I look for ways to inspire readers to action. A politician from Massachusetts and former president of Harvard University, Edward Everett, wrote, "I am only one, but still I am one. I cannot do everything, but still I can do something; and because I cannot do everything, I will not refuse to do the something that I can do."I have written frequently about how it's possible to disintegrate a dictatorship.

I write to impart and share what I know, to encourage and inspire. But, in the final analysis, Andrew Carnegie's words say it all: "You cannot push anyone up a ladder unless he is willing to climb it himself."

Perseverance

Last month, my wife and I watched the 2002 award winning film, "Whale Rider," about a 12-year old Maori girl's perseverance and determination to overturn the tradition of the Whangara people that dictated only males can be leaders.

Attempts to find a proper male successor failed. The young girl believed she could be the next leader, yet tradition forbade a woman leader; her grandfather was bound by tradition to pick a male leader.

It's a moving story about a grandfather's unyielding stubbornness and hurt; a grand-daughter's love for him and determination to prove her natural leadership ability; life's realities and change; and faith's miracles.

The movie shows change is possible. In the movie's finale, the young girl was celebrated as their leader by the village people and by her grandfather.

Last year, I wrote a column about a humorous award-winning British animated film "Chicken Run." The chickens on evil Mrs. Tweedy's farm dream of a better life outside of a chicken coop that looks like a World War II prisoner of war camp -- surrounded by barbed wire, patrolled by Mr. Tweedy and his ferocious dogs.

I was fascinated to observe what excited my grandchildren, and other children, as they watched the film: A clever hen named Ginger who, though she ends up again and again in solitary in the coal shed, never stops looking for ways to escape to be free.

I caught myself cheering along with the children -- as the chickens in the movie also cheer -- ringleader Ginger's vow: "We either die free chickens or die trying."

A year later, one of my grandsons, then 10, who sees a struggle to be free as inherently human, assured me, "perseverance brings success!"

Inspiration

Clint Eastwood's 2009 film, "Invictus," in which Morgan Freeman plays the role of South Africa's president Nelson Mandela and Matt Damon is the country's white Springboks rugby team captain, Francois Pienaar, is inspiring.

Mandela, an anti-apartheid activist was arrested in 1962 and sentenced to life in prison and performed hard labor for 27 years. He condemned the white Springboks. He said a poem "Invictus" -- Latin for "unconquered" -- inspired him "to stand when all I wanted to do was to lie down. ... I am the master of my fate: I am the captain of my soul."

Domestic and external pressures saw his release from jail at age 72. Four years later, Mandela became South Africa's first black president. He wanted then for the white Springboks rugby team to win the third Rugby World Cup in 1995 as a unifying event for his nation. So the black leader and the white rugby team captain joined forces to help unite their racially divided people to support the Springboks as South Africa's rugby team.

Last year, the theme "Rise and rise again until lambs become lions," which encourages to never give up fighting for the cause of liberty -- to persevere, rise and rise again until lions are born out of docile lambs, and liberty is achieved -- emerged in the 2010 adventure film, "Robin Hood," with Russell Crowe as Robin Longstride who fought in 13th century England against the crown and became the symbol of the people's freedom.

Of course, what inspired me may not inspire some others. But share I must!

A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam. Write him at peangmeth@yahoo.com.
Posted: 18 Jan 2011 01:36 PM PST
Top: Baghdad Bob, Saddam Hussein's mouthpiece
Bottom: Phnom Penh Dick, Saddam HunXen's mouthpiece
The following communique issued by the Press and Quick Reaction Unit (PQRU) of the Phnom Penh dictatorial regime, lambasted Radio Free Asia (RFA) for broadcasting a report critical of Cambodia's dictator, Saddam HunXen (a translation in English is provided by Khmerization here). The PQRU accused RFA, which is funded by the US government, of serving the opposition party and others who are critical of Cambodia's dictatorial regime. Such report by the PQRU flies in the face of Hun Xen regime's boasting of absolute popularity in Cambodia when it is in fact a crumbling popularity facade. As for the PQRU claim of Hun Xen being a "World Stateman", all dictators in the world had lay claim to that title until the day they are removed from power. Maybe it is time for Hun Xen to find a more intelligent mouthpiece to replace the cavemen-mentality crew working at the PQRU.
Posted: 18 Jan 2011 12:49 PM PST


Clash with the cops during a forced eviction in Kampong Speu
Posted: 18 Jan 2011 12:41 PM PST
Thai activists, from right, Ratree Pipatanapaiboon, Veera Somkwamkid, Kochpontorn Chusanaseree, Samdin Lersbusya, eat breakfast at Phnom Penh Appeal Court, on Tuesday. (Photo: AP)
Heng Reaksmey, VOA Khmer
Phnom Penh Tuesday, 18 January 2011
"During my detention in jail, no one hurt me. And we were all detained together in one room."
The Cambodian Appeals Court on Tuesday let free on bail four more Thais arrested for alleged illegal border crossing, but they kept one in jail who is also facing charges of espionage.

The decision overruled a ruling by the Phnom Penh Municipal Court last week to hold five of seven Thais arrested in December in Banteay Meanchey province.

Veera Somkwamkid, a leader of the "yellow shirt" People's Alliance for Democracy, was not granted bail. He is facing charges of illegal entry, trespassing on military land and for gathering evidence against the state of Cambodia.


His assistant, Ratrea Paiputanapaiboon, who is also facing espionage charges, was released along with three others Tuesday, for a bail posting of around $250 each.

That brings a total of six Thais who will have to remain under the custody of the Thai Embassy in Phnom Penh ahead of trials, which are expected to begin soon. The high-profile case, which includes a Thai member of parliament, has sparked protests in Thailand. The Thai delegation has said it was investigating claims of Cambodian border encroachment and was not aware it had crossed into Cambodia.

Appeals Court judge Choun Sunleng did not say why he had decided to keep Veera in jail.

Outside the courtroom Tuesday morning, Veera told reporters, in Thai language, he did not agree with the decision. "I will continue my case until the end," he said.

Defense lawyers said they welcomed the release, but declined further comment.

Samdin Lersbusya, 57, told reporters after his release he was grateful to the court. "And also thanks to the Thai media that has taken care of us," he said in Thai. "During my detention in jail, no one hurt me. And we were all detained together in one room."

Sowat Kaewsook, minister of counsel for the Thai Embassy, said the defendants would be brought to court on the trial date.
Posted: 18 Jan 2011 08:29 AM PST
Chun Sakada, VOA Khmer
Phnom Penh Tuesday, 18 January 2011
"The guidelines will help reduce poverty in rural areas by increasing their export potential."
The Ministry of Agriculture on Tuesday began circulating a new procedure for the export of rice and cassava to China, in an effort to bring cleaner and higher-quality production to meet import requirements.

The new guidelines focus on the elimination of insects, hygiene standards, proper documentation and other requirements for export to China.

Kith Seng, an undersecretary of state for the Ministry of Agriculture, said the new circular was meant to "protect Cambodia's interest" as well as its trade partner in accordance with an export agreement signed between the two countries last year.


The guidelines will help reduce poverty in rural areas by increasing their export potential, he said.

Cheang Kim, director of the Bayon Rice Trading company, said the requirements are not complicated and represent "good news" for farmers.

Cambodia produced a milled rice surplus of nearly 2.5 million tons last year, and officials hope to increase its export potential in coming years, especially in trade agreements with China.
Posted: 18 Jan 2011 08:26 AM PST
Kong Sothanarith, VOA Khmer
Phnom Penh Tuesday, 18 January 2011
"Now our focus is Asean and partners Korea, Japan, China, and India as well."
With Europe mired in economic woes, Asean tourism officials said Tuesday they hope to promote visits from within the region as well as Asia to help grow the sector in coming years.

"Now our focus is Asean and partners Korea, Japan, China, and India as well," Jero Wacik, Indonesia's tourism minister, told reporters following a 10th annual tourism conference in Phnom Penh. "If these countries come to Asean, it will give us revenue."

European countries, traditionally a large source of visitors, have yet to recover from the financial crisis, he said. "That's why we focus on Asean, plus three members, plus one, as our main market."


Officials would like to see 87 million visitors traveling across Southeast Asia by 2015. Already, some 70 million come to the region for travel, with approximately 10 million from China, Japan and South Korea.

With the improvement of infrastructure, that number could reach as high as 90 million by 2015, said Sunram Pushpanathan, deputy secretary-general for Asean. That goal would mean "regional products, joint marketing, building up human resources and accelerating trade facilitation," he said.

Cambodian Tourism Minister Thong Khon said Asean countries were considering adding more direct flights to the "three tigers in Asia" to lure more visitors.

South Korea counted 3 million outbound visitors to Asean countries last year, while it brought in approximately 1 million from the region, said Mo Chul Min, South Korea's vice minister for Culture, Sports and Tourism. More direct flights would increase those numbers, he said. Direct flights from Seoul to Siem Reap, for example, provided 200,000 Korean visitors to Cambodia, he said.

Lin Shan, director general of China's tourism administration, said he envisioned further cooperation in areas like tourism product manufacturing, itinerary design and an "improved tourism environment."
Posted: 18 Jan 2011 07:39 AM PST
Hun Hean, former police chief of Banteay Meanchey province. (Photo: by Heng Reaksmey)
Chun Sakada, VOA Khmer
Phnom Penh Monday, 17 January 2011
Hun Hean is the former chief bodyguard for Interior Minister Sar Kheng, and Moek Dara is the former police chief of Battambang province, where Sar Kheng enjoys much political support.
Banteay Meanchey provincial court on Monday charged four senior police officials with corruption in relation to drug trafficking, following a spate of arrests over the last week.

The charges were handed down to Hun Hean, former police chief of the province; his deputy, Chheang Son ; Moek Dara, former secretary-general for the National Authority for Combatting Drugs; and Chea Leng, former head of the Ministry of Interior's counter-drug department.

All four, who were removed from their posts before they were arrested in questioning by authorities last week, had been the targets of an Anti-Corruption Unit investigation.

"Now we've charged them with taking bribes in relation to a drug trafficking case," Ton Sihak Teches, prosecutor for the Bantey Meanchey provincial court, told VOA Khmer.


Though all four were charged at the provincial court, they were arrested and held separately: Moek Dara in Prey Sar prison, outside Phnom Penh, Chea Leng in Banteay Meanchey provincial prison, and Hun Hean and Cheang Son in Siam Reap provincial prison.

They were charged under Article 38 of the 1992 penal code and face up to seven years in prison if convicted, Ton Sihak Teches said.

Sum Chankea, Banteay Meanchey coordinator for the rights group Adhoc, said the group was following the case to ensure "equality of all detainees and the legal process for them."

Monday's indictments follow the November arrest of Pursat provincial prosecutor Chan Sereivuth, who was also charged under corruption in an ACU investigation.

Hun Hean is the former chief bodyguard for Interior Minister Sar Kheng, and Moek Dara is the former police chief of Battambang province, where Sar Kheng enjoys much political support.
Feed source by Ki-media

 

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