Week 546

Week 546 – 2008-02-10: National and International Land Disputes

Posted on 12 February 2008. Filed under: *Editorial*, Week 546 |

The Mirror, Vol. 12, No. 546

Mirroring events in Cambodia, we have regularly reports about land disputes when the right of ownership of land is contested. Some cases find a peaceful solution by mutual agreement, others have lead to violence. The losing party – not always the smaller party! – may try to get justice by appealing to the court. Some do not appeal, assuming that they could not find justice in this way, while others try.

When a land dispute goes across a national boundary, as happens sometimes in border areas, things are not only more complicated – they may lead to international confrontation or even to larger conflicts. When such conflicting claims concern not only some small stretches of land along a national borderline, but relate to contradicting claims between states about large regions of land and the people living there, even the international community may get involved in different ways.

During recent weeks, a Cambodian politician had raised the question of re-opening a Taiwanese trade-relations office in Phnom Penh, as it had existed until 1997, to facilitate the handling of the substantial volume of investment from Taiwan, as well as trade and travel – a Taiwanese airline connects Taipei regularly with Phnom Penh, and a Cambodian airline brings Taiwanese tourists directly to Siem Reap. The Cambodian government rejected the idea to have again such a liaison office as contrary to the One-China-Policy of Cambodia – considering Taiwan as part of the People’s Republic of China, and therefore also claiming that the people of Taiwan do not have the right to ask for membership in the United Nations.- The difficulties of hundreds of Cambodian women married to Taiwanese men can also not get easy attention because of the absence of diplomatic contacts.

As I participated, shortly after this discussion in the media, in an international conference in Taiwan, I became aware of interesting aspects of this complex problem. When I asked a Vietnamese participant in the same conference how he had arranged his travel documents to come to Taiwan, he told me that this was very easy, he just went to the Taipei Economic and Cultural Office in Hanoi [Van phong Kinh te va Van hoa Dai Bac tai Hanoi] where he quickly got his travel documents without any difficulty. Both countries – in spite of the One-China-Policy of Vietnam – benefit obviously from their smooth mutual relations: on the morning of my return from Taiwan there were three direct flights from Taiwan to Vietnam announced on the schedule of the airport.

I write about this experience while I am in India. There were reports in the press about another case of a land conflict – this time between China and India. Prime Minister Manmohan Singh had visited a region in the far north-east on 31 January 2008, the Indian federal state of Arunachal Pradesh. And it was reported that he had said that Arunachal Pradesh is “our land of the rising sun,” a clear message to China – which also claims the same region as belonging to China. This region had – back in history – also been related to Tibet, and Tibet was made part of the People’s Republic of China. The Indian prime minister’s visit and his statement led to a diplomatic protest by China, and a rejection of the Chinese protest by India. The India Times wrote on 9 February 2008: “Arunachal Pradesh is an integral part of India and India’s Prime Minister has every right to visit the state. The Chinese, however, aren’t too happy about it, just as they aren’t happy about our control over Sikkim. The reaction from China to Dr. Manmohan Singh’s visit, even though in poor taste, was along expected lines. And so was India’s, which immediately reasserted that the state is ours.”

These mutual claims had led to a sharp military conflict, the Sino-Indian War of 1962. The present statements of mutual claims and mutual protests are a reminder of the fact that such and similar claims can lead to war. And that war with all the destruction and sufferings it brings has to be avoided.

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Saturday, 9.2.2008: Pre-Trial Chamber Postponed the Announcement of the Judges’ Decision on Nuon Chea’s Appeal

Posted on 10 February 2008. Filed under: Week 546 |

ANNOUNCEMENT

We are very happy to announce two new features:

1) A Khmer version of The Mirror, called Kanhchok Sangkum, available at:

http://kanhchoksangkum.wordpress.com

This was formerly provided in print to individual subscribers and to Cambodian decision makers and provincial institutions. We had to discontinue due to financial problems, and now we are thrilled that we can make it available again, on the Internet. It will be updated daily, and over time the entire archive of back issues since 1997 will uploaded. We will greatly appreciate anything you can do to inform all your Khmer-reading friends and colleagues about the Kanhchok Sangkum!

2) A “Make a Donation” button, which is on the right side of this page. All donations will be used to produce and to distribute The Mirror and the Kanhchok Sangkum. (Starting soon, we will share information about our costs and the donations received.) Clicking the button allows you to donate any amount safely through PayPal, by credit card, or by bank transfer.

If you have any questions or comments about either of these features, or anything else, please write to me at: mirror@gmx.org or nhklein@gmx.net

Norbert Klein, Editor

The Mirror, Vol. 12, No. 546 – For the Khmer version, the Kanhchok Sangkum, click here.
“Phnom Penh: On 8 February 2008, the Pre-Trial Chamber of the Khmer Rouge Tribunal decided to postpone the judges’ decision to an unspecified date on Nuon Chea’s appeal, whether to release him or to continue to temporarily detain him.

“The hearing on 8 February 2008, which was the third day of the appeal hearings of Nuon Chea, was intended for arguments against the detention order issued by the co-investigating judges. All parties raised their legal reasons respectively.

“Three victims or their civil party lawyers supported the co-prosecutors’ conclusion of 7 February requesting the chair of the pre-trial chamber to keep the defendant temporarily jailed.

“The civil parties’ attorneys said that there were two main reasons why they want Nuon Chea to remain in detention.

“The lawyers stated that the first reason is the personal security of Nuon Chea if he were out of jail. Nuon Chea’s current condition has been well known by the public both in the country and around the world through the media. Prior to his detention, Nuon Chea had not been well-known.

“The victims’ lawyers added their second reason, saying that if Nuon Chea is freed, it can affect the public order, because victimized Cambodian people, who live all over the country, might see him outside the jail; they might demonstrate against him and create chaos around the country.

“Ms. Seng Theary, Executive Director of the Center for Social Development, said in the hearing that the court should continue to detain Nuon Chea. She said, ‘We think that the conditions stated in the internal rules should be fully implemented by the court.’

“The Executive Director of the Center for Social Development added that if the chamber decided to allow Nuon Chea to be release on bail, he could be killed by whatever cause before entering into any future hearing. She added, ‘We think that it would be a big loss for Cambodian victims, who want to see justice.’

“Mr. Son Arun, Nuon Chea’s Khmer co-lawyer, had denounced the decision of the co-investigating judges during the last three day of hearings for detaining Nuon Chea, who is his client, claiming that legal procedures had not been followed.

“Mr. Son Arun denied the co-prosecutors’ arguments which had stated that if his client is on bail, he would threaten witnesses or destroy documents.

“Mr. Son Arun said that his client is very old. So if he is allowed to be out of jail, he will not have the power to threaten or kill witnesses. Even when coming into the courtroom, Nuon Chea needs to be supported to walk [as he is weak].

“The lawyer claimed also, on behalf of his client, that the prediction that Nuon Chea might destroy documents, is baseless. He thinks that by now, there remains nothing un-documented, even not one sheet of paper, because the Documentation Center of Cambodia has collected all papers during the past 10 years.

“On 8 February, the co-prosecutors still maintained their accusation unchanged, as before, and asked the pre-trial chamber to continue to detain Nuon Chea, as decided by the co-investigating judges.

“On the afternoon of 8 February, after deliberations, the Chamber decided to hold a one-hour closed door hearing and then resume the public hearing, allowing the defendant Nuon Chea to deliver a final speech.

“Mr. Nuon Chea said, ‘Respected compatriots, nowadays, our country is moving forward peacefully; peace, national unity, and development are improving gradually. But the difficulties and obstacles in the country are caused by outsiders, which hinder Cambodia’s growth.’ Nuon Chea said, ‘The Rectangular Strategy and the win-win strategy of the Royal Government led by Samdech Akak Moha Senapadei Dekchor Hun Sen are really addressing these problems and effectively bringing progress for the country. I myself as well as all the ccompatriots hope that the pre-trial chamber will use their pure, clean, and smart wisdom and conscience to judge my request to be released on bail.’

“At the end of the hearing, Mr. Prak Kimsan, chair of the pre-trial chamber, stated that the pre-trial chamber’s decision will have two elements.

“Mr. Prak Kimsan added that one decision is relating to the participation of the civil parties, and the second one concerns the appeal against the detention of the charged person, Mr. Nuon Chea.

“The chair of the pre-trial chamber finally stated that the decision related to the civil parties will be announced first, and the pre-trial chamber will inform the public two days prior to the announcement of each decision.” Rasmei Kampuchea, Vol.16, #4511, 9.2.2008

Newspapers Appearing on the Newsstand:
Saturday, 9 February 2008


Koh Santepheap, Vol.41, #6267, 9-10.2.2008

  • Verdict Has Not Been Released; Analysts: Big Brother Number 2 Nuon Chea’s Request for Being Bailed Out Is Just a Dream
  • European Parliament Praises [Cambodian] Economic Growth and Asks for Further Reforms
  • Phnom Penh Municipality Plans to Construct [two] New Paved Roads in Order to Reduce Traffic Jams


Rasmei Kampuchea, Vol.16, #4511, 9.2.2008

  • Pre-Trial Chamber Postponed the Announcement of the Judges’ Decision on Nuon Chea’s Appeal
  • Country Manager of the Cambodia Program of the World Bank [Nisha Agrawal] Ends Mandate
  • France and Cambodia Plan to Hold a Seminar to Evaluate Use of Aid in Early March
  • Vietnamese Investments in Cambodia in 2007 Increased to $115 Million
  • Export of Salt to Vietnam Helps Reduce Some Stocks in Warehouses
  • [Female] Signer Sok Pisey Faces Being Brought for Questioning about Deception [she is accused of leaving KH Promotions, which had trained her in singing, for another company – Phnom Penh]
  • Crowds of Tourists Visited Ou Cheuteal Beach on the Occasion of the Chinese New Year [7-8 February – Sihanoukville]

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Friday, 8.2.2008: European Union Funds of US$900,000 to Support Projects of Human Rights and Democracy

Posted on 8 February 2008. Filed under: Week 546 |

ANNOUNCEMENT

We are very happy to announce two new features:

1) A Khmer version of The Mirror, called Kanhchok Sangkum, available at:

http://kanhchoksangkum.wordpress.com

This was formerly provided in print to individual subscribers and to Cambodian decision makers and provincial institutions. We had to discontinue due to financial problems, and now we are thrilled that we can make it available again, on the Internet. It will be updated daily, and over time the entire archive of back issues since 1997 will uploaded. We will greatly appreciate anything you can do to inform all your Khmer-reading friends and colleagues about the Kanhchok Sangkum!

2) A “Make a Donation” button, which is on the right side of this page. All donations will be used to produce and to distribute The Mirror and the Kanhchok Sangkum. (Starting soon, we will share information about our costs and the donations received.) Clicking the button allows you to donate any amount safely through PayPal, by credit card, or by bank transfer.

If you have any questions or comments about either of these features, or anything else, please write to me at: mirror@gmx.org or nhklein@gmx.net

Norbert Klein, Editor

The Mirror, Vol. 12, No. 546 – For the Khmer version, the Kanhchok Sangkum, click here.

“Phnom Penh: Cambodian Non-Governmental Organizations that have suitable qualifications are invited to submit small grant proposals on human rights and democracy to receive funds from the ‘European Instrument for Democracy and Human Rights’ [EIDHR] program of the European Union. The fund, from which such support can be call for Cambodia has a total volume of Euro 600,000 (around US$900,000). The common purpose of this initiative is to strengthen the role of civil society in promoting reforms on human rights and democracy, supporting peaceful reconciliation processes among different interest groups, and strengthening the participation in and the representativeness of political processes.

“This fund was prepared to support projects which have the goal to promote discussion between civil society and political circles, concerning the independence of the courts, the right to justice, professional and impartial information dissemination by independent, professional and accountable media, advocacy for awareness raising, and training on children’s and women’s rights, promoting participation and strengthening the rights and the power of local actors related to policy development, as well as improving and strengthening the rights and the power of minorities so that they can protect their own rights. The applicants for EIDHR program support shall be non-profit institutions. The grant for each project is between Euro 10,000 and Euro 600,000. The European Union grant can cover between 50 to 80% of the total costs for each project.

“Further information is available at

http://ec.europa.eu/europeaid/where/worldwide/eidhr/index_en.htm

Detailed information on the call for proposals is posted in the guidelines for applications, which can be retrieved from [[information in the newspaper sees to be deficient – if we can clarify, it will be provided at a later date – from the editor]]. The deadline for applications is 6 May 2008, at 17:00 local time in Phnom Penh.” Koh Santepheap, Vol.41, #6266, 8.2.2008

Newspapers Appearing on the Newsstand:
Friday, 8 February 2008


Koh Santepheap, Vol.41, #6266, 8.2.2008

  • European Union Funds of US$900,000 to Support Projects of Human Rights and Democracy
  • First Day Hearing at the Tribunal: Co-Prosecutors Push Continuation of Detention of Nuon Chea because of Concerns for His Safety
  • Plan for Maintaining Security, Safety, and [social] Order during Elections [Sihanoukville]
  • 181 New Military Police Members Prepare for [security] Maintenance during Elections [Koh Kong]
  • Statues of Samdech Chuon Nat and Neak Phirum Piasa Eou [better known as Krom Ngoy who was considered as the father of Khmer poetry] Planned to Be Inaugurated on 21 February [Phnom Penh]
  • Previously, Commercial Sex Workers Beckoned… Now, Karaoke Women Also Beckon [for customers – Phnom Penh]
  • On the Occasion of the Chinese New Year, a Khmer Man Got Drunk; He Challenged His Opponent to Fighting with Each Other; Not Seeing Clearly, He Beat the Opponent’s [six-year-old] Son [6 February – he is arrested – Oral, Kompong Speu]
  • Knowing Each Other Only for Five Days, [27-year-old] Man Persuaded [22-year-old] Women to Drink Red Wine – Then He Took Her Virginity; He Was Arrested during the Night [6 February – Dangkao, Phnom Penh]
  • Children Looking After Cattle Found Unexploded Grenades and Bullets on a Small Hill Surrounded with Bushy Thorns [6 February – Sampov Meas, Pursat]
  • Grenade Thrown [by unknown person] Beneath a House Exploded Wounding [22-year-old] Man Who Was Sleeping in the House [6 February – reason not known – Svay Chrum, Svay Rieng]
    Ms. Hilary Clinton Borrows $5 Million for Her Election Campaign


Rasmei Kampuchea, Vol.16, #4510, 8.2.2008

  • Khmer Rouge Big Brother Number 2 Challenges the Tribunal in Order to Be Bailed Out
  • Samdech Dekchor [Hun Sen] Will Participate in Inauguration of South Korean President [Lee Myung-Bak on 24 February]
  • Japan Continues to Provide Technical Cooperation with Cambodian Customs
  • Opening of Federal Bureau of Investigation Office in Cambodia Is a Slap in Mr. Sam Rainsy’s Face [says Rasmei Kampuchea editorial]
  • 18 Khmer Laborers Take Legal Action against [two] Agents of Malaysian Company [GSM Group] on Accusation of Human Trafficking [Chamkar Leu, Kompong Cham]

Note:

Because of Chinese New Year celebrations, there are not many newspapers published during these days.

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Thursday, 7.2.2008: The United Nations Conference on Trade and Development Considers Cambodia as a Special Country, a Good Model and a Good Student

Posted on 8 February 2008. Filed under: Week 546 |

ANNOUNCEMENT

We are very happy to announce two new features:

1) A Khmer version of The Mirror, called Kanhchok Sangkum, available at:

http://kanhchoksangkum.wordpress.com

This was formerly provided in print to individual subscribers and to Cambodian decision makers and provincial institutions. We had to discontinue due to financial problems, and now we are thrilled that we can make it available again, on the Internet. It will be updated daily, and over time the entire archive of back issues since 1997 will uploaded. We will greatly appreciate anything you can do to inform all your Khmer-reading friends and colleagues about the Kanhchok Sangkum!

2) A “Make a Donation” button, which is on the right side of this page. All donations will be used to produce and to distribute The Mirror and the Kanhchok Sangkum. (Starting soon, we will share information about our costs and the donations received.) Clicking the button allows you to donate any amount safely through PayPal, by credit card, or by bank transfer.

If you have any questions or comments about either of these features, or anything else, please write to me at: mirror@gmx.org or nhklein@gmx.net

Norbert Klein, Editor

The Mirror, Vol. 12, No. 546 – For the Khmer version, the Kanhchok Sangkum, click here.

“Phnom Penh: The United Nations Conference on Trade and Development [UNCTAD] and the Ministry of Commerce [of Cambodia] expressed their enthusiasms about their firm partnership and support, to have more capacity development programs relating to Cambodian trade. A press conference was held on 5 February at the Hotel Le Royal, Phnom Penh.

“Dr. Supachai Panitchpakdi, the UNCTAD Secretary-General, and Mr. Cham Prasidh, the Minister of Commerce of the Kingdom of Cambodia, expressed their acknowledgment of the successes of the technical assistance program ‘TrainForTrade’ and underlined the need for more capacity building for Cambodia’s officials, to support the developments and trading affairs. ‘Entering into the World Trade Organization [WTO] has brought many potential benefits, still it is a long and complicated process that will affect most of the developing countries’ capacities as well. This program is especially designed for the least developed countries’ economies, that often lack human resources, administrative abilities, and technical skills to actively manage this process,’ said Dr. Supachai Panitchpakdi, the UNCTAD Secretary-General during the press conference.

“UNCTAD considers Cambodia ‘as a special country, a good model and a good student.’

“The UNCTAD Secretary-General emphasized three programs that were successfully achieved by Cambodia, including the Automated System for Customs Data – ASYCUDA – that helps to create transparency and availability information, encouraging the government and the private sectors to cooperate on Debt Management Programs – DMFAS – that instruct also about debts and sustainable sea port management. ‘Sea port services can be an important sector for Cambodia, pushing towards diversity, and we see that it is an opportunity to work with the government to establish a training basis that can help the development of sea port management, leading to Cambodia’s ports not only serving Cambodia, but also the region as a whole.’

“Since 2003, UNCTAD has trained 650 Cambodian officials, responding to requests from the Ministry of Commerce, in many technical programs, including improving investments, trading, electronics, trade negotiations, international investment agreements, and competitive laws and policies.

“Mr. Cham Prasidh, the Minister of Commerce, linked the success of these programs to the fact that UNCTAD has granted assistance responding to the basic needs of the partner country. ‘Assistance or capacity building based on the special conditions of each country are very important, because you cannot use only one and the same argumentation in Vietnam and in Cambodia. The two parties [the UNCTAD Secretary-General and the Minister of Commerce] specifically highlighted the need of more capacity development in Cambodia. ‘With bilateral and multilateral trade agreements, we need much capacity development, because we need many skills,’ said Mr. Cham Prasidh. ‘The French government learnt about our needs and helped us, and I encourage other development partners to also consider assistance.’

“This press conference was part of a regional summit that lasted for three days to discuss extending capacity development on regional trade, with the participation of delegations from Cambodia, Bhutan, Indonesia, Laos, Nepal, and Vietnam. The purpose of this conference is to help especially Cambodia and Laos that get TrainForTrade programs to achieve the best implementation, including lessons learnt by neighboring countries. This conference was organized by UNCTAD in close cooperation with the Ministry of Commerce, and it was also supported by the French Ministry of Foreign Affairs.” Koh Santepheap, Vol.41, #6265, 7.2.2008

Newspapers Appearing on the Newsstand:
Thursday, 7 February 2008


Koh Santepheap, Vol.41, #6265, 7.2.2008

  • The United Nations Conference on Trade and Development Considers Cambodia as a Special Country, a Good Model and a Good Student
  • UNCTAD Secretary-General Promises to Help Cambodia [with development]
  • Continuing Hearing of Nuon Chea’s Case: This Big Brother Number 2 after Pol Pot Has Enough Co-Lawyers
  • ASEAN Should Expedite ASEAN Constitution Soon in Order to Solve Burmese Issue
  • Participation of Non-Government Organizations Is Important in Cambodia [says Sao Chivorn, Undersecretary of State for Rural Development]
  • Suspected Burglar Killed in Rice Field [on 5 February – Kandal Stung, Kandal]
  • On the Occasion of the Chinese New Year, Municipal Governor [Kep Chutema] Calls for Drivers Not to Drive While They Are Drunk


Rasmei Kampuchea, Vol.16, #4509, 7.2.2008

  • European Union Will Send Experts to Help National Election Committee
  • Mr. Sok An: ‘Solving Human Rights Violations in Cambodia Is Not Conducted by Shouting’
  • Japanese Government Provides $297,181 to Two Non-Government Organizations [Care International Japan and Sotoshu Volunteer Association]
  • Reaction [by customers] against Company that Demands Increased Electricity Fees Since January [while the electricity authority fees are to be increased only from 1 February – Kompong Thom]
  • [Kandal] Court Detains Two Military Chiefs of Special Military Region Who Attempted to Shoot Oknha Thong Sarath to Death [in land dispute]
  • [Cambodian Muslim] Woman Jailed on Accusation of Human Trafficking While Taking Women to Work in Malaysia [Phnom Penh]
  • Vietnam Lacks Salt, It Rushes to Import Salt from Cambodia
  • 40-Year-Old Man Rapes 9-Year-Old Girl; He Is Arrested by Police [Daun Kaev, Takeo]

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Wednesday, 6.2.2008: Please Read Nuon Chea’s Answers to the Co-Judges of the Extraordinary Court

Posted on 7 February 2008. Filed under: Week 546 |

ANNOUNCEMENT

We are very happy to announce two new features:

1) A Khmer version of The Mirror, called Kanhchok Sangkum, available at:

http://kanhchoksangkum.wordpress.com

This was formerly provided in print to individual subscribers and to Cambodian decision makers and provincial institutions. We had to discontinue due to financial problems, and now we are thrilled that we can make it available again, on the Internet. It will be updated daily, and over time the entire archive of back issues since 1997 will uploaded. We will greatly appreciate anything you can do to inform all your Khmer-reading friends and colleagues about the Kanhchok Sangkum!

2) A “Make a Donation” button, which is on the right side of this page. All donations will be used to produce and to distribute The Mirror and the Kanhchok Sangkum. (Starting soon, we will share information about our costs and the donations received.) Clicking the button allows you to donate any amount safely through PayPal, by credit card, or by bank transfer.

If you have any questions or comments about either of these features, or anything else, please write to me at: mirror@gmx.org or nhklein@gmx.net

Norbert Klein, Editor

The Mirror, Vol. 12, No. 546 – For the Khmer version, the Kanhchok Sangkum, click here.

“Phnom Penh: Nuon Chea, 82 years old, former leader No. 2 in the Democratic Kampuchea Regime, answered the questions of the co-judges of the Extraordinary Chamber very bravely without being horrified.

“When the hearing was postponed due to the absence of his co-attorney, Mr. Nuon Chea blamed the co-judges of the Extraordinary Court, saying ‘if you knew that my lawyer is absent, why is this hearing still going on. I already said that I need three co-lawyers, if one of them is absent, it is impossible to have a hearing. But if the hearing is still forcefully conducted by violating my right to have my co-attorneys present, the court is not maintaining justice in line with international standards.’

“Nuon Chea has been charged by the Extraordinary Court with crimes against humanity (killing, torturing, detaining, abusing people, committing genocide, evacuating and forcefully exiling people, putting people in slavelike conditions, and other inhuman acts).

“In the closed room where the co-judges questioned Nuon Chea, he eloquently answered the co-judges’ questions and denied all charges of crimes against humanity against him. Nuon Chea rejected the accusations against him by saying, ‘If I had committed what I have been charged, I would be very ashamed about what I have committed.’ Nuon Chea said, ‘I never had communication with the grassroots, so I have no idea what had happened.’ Nuon Chea continued that the real power in the Democratic Kampuchea regime was in the hands of the Military Committee, but he was not in that committee. Nuon Chea added, ‘I was a member on the receiving side of legislative power; I never made any law to kill my own nation. About 40 of my family members were also killed in the events during that era. I would like to deny all these statements being made again and again about 1.7 million victims having been killed during the Democratic Kampuchea regime, but no one ever talks about the killings committed by other people before 1975 or after 1979.’ Nuon Chea answered the co-judges’ questions, saying that the status of provisional detention was not adequate, ‘because since I led the integration [of one Khmer Rouge faction] into the Cambodian government, I had stayed freely, and no problem has happened. I have not any intention to destroy evidence or to put pressure on anybody, because I have never had any violent behavior; moreover I used to be monk. On the other hand, I have never been threatened by anybody. Quite to the contrary, I got many signs of love from the people in the area where I lived. Besides that, I had stayed along the Thai border for many years, so I had a lot of opportunities to easily escape if I had wanted to do that.’

“Nuon Chea explained to the judges, ‘I would like to clarify for all Cambodian people and for all people around the world who is the real enemy of Cambodia, by stating that patriots persons are not cowards, and I do not accept to have the country’s honor downgraded.’ The above is Nuon Chea’s answer to the co-judges of the Extraordinary Court.

“The above answers seem to claim that Nuon Chea knew nothing about the death of millions of Cambodian people during the Democratic Kampuchea regime, when he was in power. But even though Nuon Chea denied these events, the co-judges already charged him for crimes against humanity and serious violations of the Geneva Conventions of 12 August 1949, to be punished, based on articles 5, 6, new 29, and new 39 of the Law on the Establishment of the Extraordinary Court, dated 27 October 2007.

“Nuon Chea was born on 7 January 1926 in Wat Kor village and Wat Kor commune, Sangke, Battambang. Nuon Chea can speak five languages: French, English, Chinese, Thai, and Vietnamese. Nuon Chea father’s name is Lao Liv (deceased), his mother’s name is Dos Panh (deceased), his wife’s name is Ly Kimseng (alive), Nuon Chea has three children who are staying in Phsar Prum village, Khan Pailin, Pailin.” Kampuchea Thmey, Vol.7, #1564, 6-11.2.2008

Newspapers Appearing on the Newsstand:
Wednesday, 6 February 2008


Deum Ampil, Vol.3, #55, 6.2.2008

  • Slot Machine Gambling Clubs Invade Phnom Penh; Government Officials and Businesspeople Absorbed in Games
  • Smuggled Goods Imported Like Water Flowing through a Broken Dike, through Phnom Proek Border Crossings, Battambang; Police Chiefs and Customs Officer Chiefs Happy to Collect Money [bribes and extortion]


Kampuchea Thmey, Vol.7, #1564, 6-11.2.2008

  • Please Read Nuon Chea’s Answers to the Co-Judges of the Extraordinary Court
  • Mr. Ieng Sary Has Hematuria; He Was Sent to Calmette Hospital [5 February]


Rasmei Kampuchea, Vol.16, #4508, 6.2.2008

  • Prime Minister Calls for Caution so that Khmers Don’t Get Drunk during Chinese New Year
  • Delegation of German Parliament Wants to Know about Tourism Development in Cambodia
  • Parliament of European Union Still Continues to Support Cambodia

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Tuesday, 5.2.2008: Khmer Rouge Tribunal Postpones Nuon Chea’s Appeal Hearing Due to the Absence of a Lawyer

Posted on 5 February 2008. Filed under: Week 546 |

The Mirror, Vol. 12, No. 546

Nuon Chea said that to hold the hearing would not be fair

“Phnom Penh: The pre-trial chamber of the Extraordinary Chambers in the Courts of Cambodia decided on 4 February 2008 to adjourn the appeal hearing of former Khmer Rouge leader Mr. Nuon Chea, who had asked for release on bail, as one of his foreign co-lawyers was absent.

“Mr. Nuon Chea, the former president of the People’s Assembly of the Democratic Kampuchea regime, was brought from his home in Pailin and temporarily detained in the Khmer Rouge Tribunal detention facility since 19 September 2007.

“During the temporary detention, Mr. Son Arun and Mr. Michiel Pestman, Nuon Chea’s foreign and Cambodian co-lawyers, appealed Mr. Nuon Chea’s detention and requested his release on bail due to his age and health.

“But during a recent hearing, held on 21 December 2007, the co-investigating judges Mr. You Bunleng and Mr. Marcel Lemonde, denied the request for a release on bail which Nuon Chea’s lawyers had requested. Now the co-lawyers of the charged person Nuon Chea had appealed the co-investigating judges’ decision.

“In the morning of 4 February 2008, the pre-trial chamber of the Extraordinary Chambers in the Courts of Cambodia held a hearing on Nuon Chea’s appeal, requesting release on bail.

“In the hearing on the morning of 4 February 2008, the foreign co-lawyer of the charged person Nuon Chea, Mr. Michiel Pestman, a Dutch citizen, did not participate in the hearing. Only Mr. Son Arun, the Cambodian co-lawyer and Mr. Victor Koppe, a foreign lawyer in place of Mr. Pestman, joined the hearing.

“Ms. Chea Leang, a Cambodian co-prosecutor, stated in the hearing that Mr. Victor Koppe was not yet formally accredited [in Cambodia] as a lawyer, and that he has not yet been sworn in to be a lawyer to work in the Khmer Rouge Tribunal.

“Ms. Chea Leang added that the co-lawyer Mr. Pestman had been legally informed by the pre-trial chamber since 19 December 2007, but until now, the co-prosecutors had not been informed about his absence.

“Ms. Chea Leang, a co-prosecutor, said that this hearing is an important event for the defendant – to be released or to remain in jail. ‘If we fail to hold it, the defendant’s interests will be disregarded.’

“The lawyers representing three victims, as civil parties, had stated their reasons, asking the trial chamber to proceed with this case, as the charged person is getting old.

“Mr. Son Arun, Nuon Chea’s Cambodian co-lawyer, stated that the lawyers’ intention in appealing for his client is to have him released on bail as soon as possible.

“Mr. Arun added, ‘I and the lawyer Mr. Victor Koppe got the invitation from the chair of the pre-trial chamber on 25 January 2008 to rightfully participate in today’s trial.’ But now they said that Mr. Koppe is not eligible to defend his client.

“The lawyer Mr. Son Arun stated that the swearing in is a procedure of the [Cambodian] Bar Association, it is not an issue of the pre-trial chamber. But the pre-trial chamber considered this issue as an obstacle.

“Mr. Nuon Chea, 81 years old, wore a gray shirt, he stood in the dock and said, ‘I am Nuon Chea, the charged person. Why is there a hearing today as I have just one, the Cambodian, co-lawyer? This is not consistent with international standards.’

“’I think this is not fair. I need to have two lawyers, according to the internal regulations of the court. If there is only one Cambodian lawyer, and there is no foreign lawyer, the latter can’t defend me at this time.’ Mr. Nuon Chea asked the court to adjourn the hearing.

“Pre-Trial Chamber President Mr. Prak Kimsan said after a short deliberation that the hearing had listened to the comments from the co-prosecutors, the victims’ lawyers of the civil parties, who had asked to proceed with dealing with Nuon Chea’s appeal. But by reviewing the fundamental rights of the charged person, the chamber decided to adjourn the appeal hearing.

“Mr. Prak Kimsan added that the chamber asked the defendant’s lawyers to confirm in writing, today or tomorrow, the whereabouts of the lawyer Mr. Pestman. If they would fail to report on this by Wednesday, the pre-trial chamber will announce the next date for the hearing.

“It is also to noted that on 20 November 2007, the pre-trial chamber decided for the first time about the appeal of Mr. Kaing Guek Eav [also known as Duch], the former chief of the Tuol Sleng Prison, by deciding to have Duch to continue in temporary detention.” Rasmei Kampuchea, Vol.16, #4507, 5.2.2008

Newspapers Appearing on the Newsstand:
Tuesday, 5 February 2008


Kampuchea Thmey, Vol.7, #1563, 5.2.2008

  • Prince Thomico’s View on the Political Situation in Cambodia [he observes that some parties seem not to compete for a prime ministerial position, but to compete to be a partner of the Cambodian People’s Party]
  • 100,000 People Evacuated in Jakarta because of Floods


Khmer Machas Srok, Vol.2, #105, 5.2.2008

  • Sam Rainsy: Golden [= expensive] Land Causes Strong Corruption


Koh Santepheap, Vol.41, #6263, 5.2.2008

  • Stage of Changing Parties: Samdech Dekchor Hun Sen Calls for Patience and Not to Take Revenge on Each Other
  • World Food Program Provides Aus$4 Million [approx. US$3.5 million, from Australian government] for Poor People in Cambodia


Nokor Santepheap, Vol.5, #93, 4.2.2008

  • Nearly 200 Families Take Legal Action against Yuon [Vietnamese] Sand Dredging Company [Lvea Aem, Kandal]


Rasmei Kampuchea, Vol.16, #4507, 5.2.2008

  • Khmer Rouge Tribunal Postpones Nuon Chea’s Appeal Hearing Due to the Absence of a Lawyer
  • Prime Minister Speaks about Officials Leaving Sam Rainsy Party
  • Crackers, Fireworks, and All Kinds of Explosive Ordnance Definitely Prohibited during Chinese New Year [Phnom Penh]
  • Samdech Dekchor Calls for Provincial and Town Authorities to Maintain Some Land Free, to Build More Schools
  • Delegation of [South] Korean Assembly Comes to Check Investments and Development Assistance
  • More Than 1,000 Cambodian People’s Party [CPP] Supporters [form Phnom Penh] Visit Sihanoukville Seaside [holiday sponsored by Phnom Penh governor Kep Chutema and Phnom Penh CPP]


Samleng Yuvachun Khmer, Vol.15, #3245, 5.2.2008

  • Funcinpec and Sam Rainsy Party Consider Officials Who Leave the Parties to Be Rubbish, While the Cambodian People’s Party Considers Them to Be Diamonds
  • Ministry of Education Sells [fake] High School Diplomas at US$1,300 to US$1,500 Each, Surprising Everybody [according to rumors]

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Monday, 4.2.2008: Her Excellency Bun Rany Hun Sen Requests to Examine How Nightclubs Disregard Regulations

Posted on 5 February 2008. Filed under: Week 546 |

The Mirror, Vol. 12, No. 546

“Phnom Penh: The First Lady of Cambodia, Her Excellency Bun Rany Hun Sen, appealed to the Phnom Penh municipal authorities to examine the nightclubs in their administrative area, and she appealed also to the authorities in other provinces and cities about negative actions, which have an impact on security, social order, and national culture and traditions. She also requested to stop the song “I’m asking for one part of your heart” on television, and to stop showing singers wearing sexy clothes.

“Speaking at the annual convention of the National Committee for the Promotion of Social Morality, aand Cambodian Women’s and Families’ Values on 31 January, as honorary chairperson of the national committee, Her Excellency Bun Rany Hun Sen pointed out that negative social actions, vices, and cases of rape – for example fathers rapeing their daughters, grandfathers rapeing their granddaughters – are on the increase. She stressed that this is really a problem. Such immoral acts were not part of the Cambodian time-honored tradition. She added that this is not a problem that we should ignore, it is a national issue. Some people understand that social developments make people act like that. She raised the question whether society leads the people, or whether people lead the society; whether people educate the society, or society educates the people. If the society leads the people, it means that it is a good society, but people may lead a good society to deteriorate. She continued to say that according to her idea, it is always some people who lead a society to deteriorate.

“She stressed that what she is worrying, ‘We all have to make every effort, because this is not just a problem for the government only. If we do not all try to implement the laws from the beginning, the law cannot be implemented effectively.’

“She appealed that Phnom Penh has to be controlled and examined, especially such places which cause negative activities; there are about 100 nightclubs. But she added that the problem does not exist only in Phnom Penh, but also in the 24 provinces and cities.

“She made a new request by asking the Ministry of Culture and the Ministry of Information to observe what clothes singers wear to perform on stage and when they are broadcasting live on television. She said that currently singers are often wearing scanty clothes. Previously, Prime Minister Hun Sen had issued an order to pay attention to this problem. It lasted only four or five months. Now it is again the same, when one observes the TV.

“She made a request to stop singing the song “I’m asking for one part of your heart” on TV, because she sees that the song does not contain a positive meaning to educate Cambodian women. She said that she had made a request to stop singing this song. If the song is played on music cassettes at home, she does not object, but now it is allowed that singers sing this song on television. She sees that female singers like singing this song. She said that there are many songs to sing, but why go to ask for anothers’ heart? If the singers have wives or husbands, they can go to ask them. She said that this song is not educational in the traditional Cambodian way, but it provides bad models. She said that if people want to stop domestic violence and other vices, this will include to stop singing this song which does not serve the interests of the society, and to stop singing it is part of the effort to prevent domestic violence.

It can be remembered that in the past, wearing scanty clothes on stage was banned already twice by Prime Minister Hun Sen, but it led only to a short-time improvement. Few years ago, a girl performed on a TV stage without covering her body properly and this was broadcasted live on TV – but later this singer apologized for her mistake. The song entitled “I’m asking for one part of your heart” has been known as a Cambodian song from abroad, sung by Ms. Song Seng Hon. The song was produced many years ago, in which a girl asks for the love of a man who has already a wife.

With regard to the above problem, Mr. Kim Kunvath, the general director of the television station TVK, fully supported Her Excellency Bun Rany Hun Sen’s request. He claimed that in fact, “We are not narrow-minded, but the younger actors seem to forget our Khmer tradition, and as for the clothes they wear, they should wear clothes according to the clothes of Cambodian girls who have a clean tradition.’

“At the same time, he appealed to all the television stations to cooperate in supporting the valuable request of Her Excellency Bun Rany Hun Sen.

“Mr. Kuoch Kevin, the production manager of the television station CTN, also supported Her Excellency Bun Rany Hun Sen’s request, because he agrees that her advice and her opinions are correct for promoting the honor of Cambodian society, particularly promoting the clean traditions and customs of our Cambodian women.

Regarding her request, Mr. Kuoch Kevin said that he was never interested in the song “I’m asking for one part of your heart.” The song was written and sung by Ms. Song Seng Hon in the United States, and publicized in 1990. The song seemes to have a content and a meaning that do not suit society, as it particularly affects the dignity and honor of Cambodian women, as Her Excellency had mentioned.

“Regarding the wearing of scanty clothes by some people on stage, Mr. Kuoch Kevin thought that wearing such clothes is often considered elegant, fashionable, and modern, according to some types of program they attend. However, he also confirmed, “If we participate in a private program in a friendly manner or at home, we can wear the kind of clothes that we want to put on. But if we participate in various programs for the public to be broadcasted on television, clothes should be worn like Cambodian girls wear them, who have honor, dignity, and clean traditions, to be good models for our younger generation.’

“He stated that performers are famous not for wearing scanty clothes, but for their real talents and their capacity.” Rasmei Kampuchea, Vol.16, #4506, 3/4.2.2008

Newspapers Appearing on the Newsstand:
Monday, 4 February 2008


Chuoy Khmer, Vol.2, #4, 4.2.2008

  • Human Rights Party Uses Nine-Point Policy as Strategy for the 2008 Election Campaign [three points opposing dictatorship, corruption, and territorial invasion; three points to protect citizens’ power, national property, and national identity; three constructive points to develop the citizens’ livelihood, education and health, and to create jobs for the citizens]
  • Yuon [Vietnam] Adds Consulates in Provinces and Towns to Help Yuon [Vietnamese] Nationals to Implement Strategy to Take over Cambodia [according to a rumor]


Kampuchea Thmey, Vol.7, #1562, 3-4.2.2008

  • Samdech Prime Minster Hun Sen Received Chinese Minister of Foreign Affairs [Yang Jiechi – 1 February]
  • Fortune Tellers at Wat Phnom Begged the Municipal Governor to Allow Them to Stay at Wat Phnom until after the 2008 Elections


Khmer Machas Srok, Vol.2, #104, 4.2.2008

  • Today, Khmer Rouge Tribunal Will Hold First Hearing of Nuon Chea


Moneaksekar Khmer, Vol.15, #3381, 4.2.2008

  • US Federal Bureau of Investigation Opening Office in Cambodia Is Somewhat Frightening for High Ranking Police Chief
  • Construction of Kamchay Hydroelectric Plant Will Flood More Than 2,000 Hectares of National Park Area [Kampot – according to Nhy San, deputy director of the NGO Forum]


Rasmei Kampuchea, Vol.16, #4506, 3-4.2.2008

  • Her Excellency Bun Rany Hun Sen Requests to Examine How Nightclubs Disregard Regulations
  • Six Prisoners Escaped from Ratanakiri Prison [31 January]

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