Co-Judges of the Khmer Rouge Tribunal Release Search Warrant after Confidential Information Leaked – Wednesday, 4.3.2009

Posted on 5 March 2009. Filed under: Week 602 | Tags: , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 602

“The Extraordinary Chambers in the Courts of Cambodia – ECCC – released an announcement yesterday, 3 March 2009, about a violation of the confidentiality of investigations, after there was information about confidential documents published by defense lawyers on their website.

“The announcement said that responding to clear and repeated violations against the instruction of the co-investigating judges, the co-investigating judges ordered defense lawyers to stop immediately their publication of documents related to investigations, except for documents that had been published already on the website of the ECCC, and take off those documents from the website of the defense lawyers, otherwise they will be punished for a new offense.

“In the meantime, the co-investigating judges sent copies of the documents of the warrant to the Professional Unit, which relates also to the Defense Protection Unit, to consider measures to be implemented.

“The announcement added that this decision was made based on Regulation 56.1 of the internal regulations of the ECCC, which states, ‘To protect all sides’ rights and interests, investigations must not be made public. All individuals taking part in investigations have to keep confidentiality.’ This regulation must by applied to all individuals joining investigations, especially to lawyers of all sides, and to all types of evidence. The internal Regulation (56.1) adds that only co-investigating judges have the authority to decide to publish information regarding investigations being conducted, or permit any media or any third parties to receive information about investigations.

“In the case that they do not abide by the different conditions defined by judges, Regulations 35 to 38 will be implemented. The co-investigating judges would like to explain the different reasons leading to this decision.

“Before there are public hearings, all procedures of the court always start with short or long investigations, depending on the extent of work. The confidential characteristic of this stage is crucial for the quality of the court process, especially to guarantee the protection of privacy of individuals, whose names are included in case documents, and to guarantee the presumption of innocence, and also the investigative efficiency.

“Co-investigating judges know that the stages of confidential investigations will not allow observers outside of the court to know much of the the process of that procedure. Thus, co-investigating judges try to limit the duration of investigations to make them as short as possible. The co-investigating judges recalled that in Duch’s case, the duration of the investigation was less than one year (the concluding warrant, sending the case for a hearing, with detailed clarifications about the different accusations, was published on 8 August 2008), which cannot be considered to be too long, looking at the complexities of the case. Likewise, the co-investigating judges try as much as possible to work speedily, so that the present investigation of a second case will proceed without delay.

“In order to promote public awareness as much as possible, the co-investigation judges reminded the public that every month, they produce bulletins, briefly describing the activities of different units of the ECCC . In addition, to guarantee the efficiency of all policies above, the co-investigating judges will make more publications than before about their different activities and publish more documents related to the investigations.

“The co-investigating judges would like to remind the public that though all decisions of the court might be opposed by appeals complaints, the respect for decisions has to be upheld.” Cheat Khmer, Vol.1, #30, 4.3.2009

Newspapers Appearing on the Newsstand:
Wednesday, 4 March 2009

Areyathor, Vol.15, #1382, 4-5.3.2009

  • An American Man Was Found Dead on the Floor [in his house – police concluded his head was hit, but they do not know whether he hit himself or someone hit him – Phnom Penh]

Cheat Khmer, Vol.1, #30, 4.3.2009

  • Co-Judges of the Khmer Rouge Tribunal Release Search Warrant after Confidential Information Leaked
  • Civil Society Wants that ASEAN Human Rights Committee Has Power
  • [Sam Rainsy Party parliamentarian] Ms. Mu Sochua Asks Micro-Finance Institutions to Suspend or Delay Seizing Houses and Land of Farmers [while they cannot pay interest to those institutions regularly, because they are affected by the dropping prices of agricultural products]

Deum Ampil, Vol.3, #130, 4.3.2009

  • [The former commander-in-chief] General Ke Kim Yan Will Become a Deputy Prime Minister
  • It Was Discovered That Electricity Was Stolen at the Residence of His Excellency Oknha Sat Nary [by setting the electricity meters to run slowly; it is estimated that the state lost approx. US$250 per month, but the authorities have not accused anybody]

Kampuchea Thmey, Vol.8, #1887, 3.3.2009

  • Those Who Earn Their Living by Transporting Tourists and the Boat Tourism Association Demonstrate against the Sou Ching Company [which sells tickets to tourists, and after tourists buy tickets from them, they will not allow them to visit the Tonle Sap Lake]
  • Sweden Promises to Support Cambodia [in development and in other sectors – according to the visiting secretary-general of the Swedish Parliament, Mr. Anders Forseberge]
  • The Thai Government Admits that to Arrest [ousted prime minister] Thaksin and Bring Him Back to the Country Is Difficult

Khmer Machas Srok, Vol.3, #356, 4.3.2009

  • Kompong Som Residents Were Surprised Seeing Thousands of Body Guards Protecting the Prime Minister and His Family while Swimming at the Sea [on 13 and 14 February 2009]

Koh Santepheap, Vol.42, #6593, 4.3.2009

  • Five Civil Society Organizations [the Human Rights and Complaints Reception Committees, the Committee for Free and Fair Elections, the NGO Forum, the Coalition of Cambodian Apparel Workers’ Democratic Union and CEDAW] Published a Statement about the ASEAN Human Rights: “Wanting to See This Committee to Have Full Power”

Rasmei Angkor, Vol.16, #1418, 4.3.2009

  • The Elimination of Some Obligations for Foreigners to Buy Tickets to Visit the Visit Angkor Region Is Welcomed [before foreign tourists were required to buy three follow-up day tickets by which they had to visit three fixed follow-up days, but now they can choose any three days among the week and as for those who buy one week tickets, they can choose any week of the month]

Rasmei Kampuchea, Vol.17, #4836, 4.3.2009

  • US Ambassador for ASEAN Praises the Khmer Rouge Tribunal [Scot Marciel, Ambassador to ASEAN and Deputy Assistant Secretary of State, Bureau of East Asian and Pacific Affairs]
  • 77 Enterprises Are Accused at the Court for Not Respecting the Labor Law [by the Ministry of Labor and Vocational Training and 201 enterprises were fined]
  • Cambodia Prepares to Transport 25 Tonnes of Battery Wastes to Belgium
  • Goods Crossing the Phnom Penh Autonomous Port Drops by 40% during the Global Financial Crisis
  • Rebels Killed Guinea Bissau President
  • Donor Countries Promise to Provide US$5 Billion to Gaza [Saudi Arabia provides US$1 billion, the United State of America US$900 million, and the European Union US$436 million]

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Many More High-Ranking Officials Close to Ke Kim Yan Face Removal from their Positions, and Generals at Military Garrisons and at Divisions Are in Panic – Saturday, 31.1.2009

Posted on 2 February 2009. Filed under: Week 597 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 597

“Recently, Deputy Prime Minister and Minister of Defense Tea Banh confirmed that the Cambodian military is as stable as normal, after the change of the commander-in-chief of the Royal Cambodian Armed Forces – RCAF – on 22 January 2009. Tea Ban’s claim was made after General Ke Kim Yan was removed from his position of RCAF commander-in-chief by Prime Minister Hun Sen on 22 January 2009, while the Khmer-Siamese [Thai] border disputes have not yet been solved and Khmer and Siamese troops are still in a tense mutual confrontation.

“The former RCAF deputy-commander-in-chief, General Pol Saroeun, was appointed RCAF commander-in-chief instead of General Ke Kim Yan quickly and unexpectedly on 22 January 2009. The shift of the RCAF commander-in-chief triggered concerns among some generals at military garrisons and at divisions, being afraid that they too might be removed from their positions eventually. Especially those who were close to General Ke Kim Yan are worrying that they might loose their positions.

“Regarding the above concerns of military officers with the rank of general, Deputy Prime Minister and Minister of Defense Tea Banh affirmed that there are no such shifts to come. Also, another high-ranking official of the Ministry of Defense, who asked not to be named, said that so far, the government has no plan to change more military commanders, and a recent meeting and agenda for the next military meetings do not mention the shakeup. But, according to some unofficial sources, there will be more changes affecting many other generals in the future, particularly those who were close to General Ke Kim Yan.

“Nevertheless, some senior-officials of the Ministry of Defense said that the vice-president of the Cambodian People’s Party, Prime Minister Hun Sen, appointed many more Generals and high-ranking military officers as his advisors, besides their current positions, after stripping General Ke Kim Yan of his rank. Some observers assessed that that Prime Minister Hun Sen appointed many Generals and high-ranking military officers as his advisors in an effort to assemble a strong military power, but it wastes many national resources. Therefore, generals and high-ranking military officers at garrisons and at divisions are very concerned, after Hun Sen quickly and unexpectedly removed Ke Kim Yan from the position of RCAF commander-in-chief.

“According to a source from the Ministry of Defense, when General Ke Kim Yan was removed from his position on 22 January 2009, 507 other military officers were also removed from the bodyguard unit of the president of the Senate, who is also the president of the Cambodian People’s Party, Chea Sim, and were sent back to their barracks. Among them, two brigadiers; the number of the bodyguard unit’s forces of Chea Sim were cut down to only around 100. This receives much attention by national and international observers, because they think that it is Hun Sen’s maneuver to reduce the bodyguard force of Chea Sim below what he had planned.

“Reacting to the above case, the recently promoted RCAF commander-in-chief, General Pol Saroeun, said on Thursday, 29 January 2009, that the redeployment of bodyguards is not a revocation, as those soldiers will not be shifted from their places forever. General Pol Saroeun told reporters, ‘We just bring them back to undergo more [military] training.’ The RCAF commander-in-chief added that there are still 100 soldiers to protect Chea Sim, because he is a top leader. Separately, on Wednesday, 28 January 2009, General Pol Saroeun also tried to halt rumors among some units of the armed forces about the removal of some more senior military officers, after the very quick removal of General Ke Kim Yan.

“On Thursday, reporters could not reach Chea Sim’s bodyguard chief, General Chhoeun Chanthan, for comments. However, the RCAF commander-in-chief General Pol Saroeun said that General Chhoen Chantan is not ranked down or removed. General Hem Savy, an officer of Chea Sim’s bodyguard unit, said that the order for 507 soldiers to go back to their military bases at Battalion 70 was made on Sunday, 25 January 2009, and there will be more removals. General Hem Savy told reporters, ‘We were removed following orders of the government.’

“An officer close to General Pol Saroeun, who asked not to give his name, hinted that around 10 more military commanders close to Ke Kim Yan and to Chea Sim might be removed, if they do not turn to support the powerful vice-president of the Cambodian People’s Party, Prime Minister Hun Sen. In the meantime, Hun Sen might organize a strategy to remove also Chea Sim from the position of president of the Cambodian People’s Party, because at present, Hun Sen holds the whole military power.

“Observers of the Cambodian People’s Party’s internal affairs noticed that before Ke Kim Yan’s removal, Hun Sen held only about 60% of the power. But after the changes, Hun Sen controls 100% of the power, even though Sar Kheng is holding the positions of Deputy Prime Minister and Minister of Interior. Obviously, the positions of Deputy Prime Minister and Minister of Interior, held by Sar Kheng, are also considered to be of concern, because Hun Sen can demote him any time.

“Observers of the Cambodian People’s Party’s internal affairs went on to say that after Hun Sen has already cleared out military commanders and police chiefs close to Sar Kheng and to Chea Sim, he may organize new internal arrangements of the party, and force Chea Sim to leave the position of the president of the Cambodian People’s Party, so that he can take up that position himself. Furthermore, he might reduce the power of the current secretary-general of the Cambodian People’s Party, Say Chhum, by putting his in-law, Sok An, into this position. As for the position of Sar Kheng, Hun Sen can remove him whenever he wants, but after having removed Ke Kim Yan, if he would also remove Sar Kheng, it might affect the Cambodian People’s Party internally and cause turmoil.

“High-ranking officials of the Cambodian People’s Party said that now, the internal power of the Cambodian People’s Party is totally controlled by Hun Sen, and if Hun Sen really has the ambition to become president of the Cambodian People’s Party, it is very easy, because when Ke Kim Yan was removed as RCAF commander-in-chief and Pol Saroeun was assigned to replace him, there was no reaction from Chea Sim’s and Sar Kheng’s factions, but they just kept silent and let Hun Sen create storm and rain as he liked.

“Observers said that even though Tea Ban had said that there is no more change to come for internal military affairs, information about the removal of more military officers close to General Ke Kim Yan was eventually disclosed. These disclosures worry generals and other high-ranking military officers at different garrisons and divisions very much, because they are afraid that also their positions can be affected. That means the removal of Ke Kim Yan is causing serious internal problems in the Cambodian People’s party, especially it is strongly and uncontrollably shaking the military situation.” Moneaksekar Khmer, Vol.16, #34, 31-1.1-2.2009

Newspapers Appearing on the Newsstand:
Saturday, 31 January 2009

Kampuchea Thmey, Vol.8, #1861, 31.1.2009

  • The Authorities of the Russey Keo District Office Ordered to Remove [around 20] Floating Houses along the Tonle Sap Riverbank [to maintain social order]
  • Somali Pirates Hijacked German Ship Loaded with [liquefied petroleum] Gas and Arrested Thirteen Sailors
  • UN Officials Met with [Rohingya] People Who Are Held in Detention in Thailand [after having been sent on boats floating on he sea]

Khmer Aphivoath Sethakech, Vol.7, #332, 31-2.1-2.2009

  • Human Rights Abuses in 2008 Increased [by 25% compared to 2007; according to the Cambodian League for the Promotion and Defense of Human Rights – LICADHO, there were 381 cases in 17 provinces and cities in 2008 – 212 cases related to land disputes – and there were 16,725 victims involved by 2,669 abusers, where 9.19% were abused by military personnel, 4.25% by military police, 17.59% by police, 16.80% by civil officials, 3.41% by court officials, 6.82% by business companies, 12.07% by civilian people, 8.92% by unidentified people, 1.05% by mobs, and 18.90% by different groups]

Khmer Machas Srok, Vol.3, #334, 31.1.2009

  • Four-Star General Moeung Samphan Is Stripped of His Rank and More Than 3,000 Weapons of [RCAF Commander-in-Chief] Ke Kim Yan’s Supporters Are Taken Away
  • The Sam Rainsy Party Holds an Extraordinary Congress Today

Khmer Sthapana, Vol.2, #194, 31.1.2009

  • The Norodom Ranariddh Party Will Be Changed into the Khmer Front Party, if there Is No Solution [for the dismissal of a high-ranking member of the party]
  • [Three] Citizens Who Had Been Detained regarding a Land Dispute Are Released [after several-days protests by around 140 families to release them – Siem Reap]
  • Cambodia Hopes that the New Envoy of the Office of the High Commissioner for Human Rights Cooperates with the Government Well

Koh Santepheap, Vol.42, #6566, 31.1.2009

  • [Anti-government] Red-Shirt Demonstrators Gather in Front of the Cambodian Embassy [in Bangkok] to send a letter saying that the Thai government and the Minister of Foreign Affairs Kasit Piromya are not just, and are not real representatives of the people; then they moved on to the Laotian and Vietnamese embassies]
  • Fire Destroyed More Than 50 Houses of People Doing Fishing at the Tumnup Rolork Region [Sihanoukville]
  • The National Bank of Cambodia Signed an Agreement with the National Bank of Laos [to strengthen bilateral cooperation in banking]
    US$1.5 Million [granted by World Bank, controlled by the Emerging Markets Consulting Program] to Help Exporting Companies to Open Export Market Access, for a Program of the Ministry of Commerce [this program will assist financial and technical sectors in order to help to increase their exports to new markets]
  • North Korea Cancels All Agreements with South Korea

Moneaksekar Khmer, Vol.16, #34, 31-1.1-2.2009

  • Many More High-Ranking Officials Close to Ke Kim Yan Face Removal from their Positions, and Generals at Military Garrisons and at Divisions Are in Panic

Rasmei Kampuchea, Vol.17, #4809, 31.1.2009

  • The Municipality Issues a Statement Denying Allegations [by non-government organizations, some international organizations, and opposition parties] to Have Used Force to Evict People from the Dey Krahom Area [some further information by pictures is here]
  • 2009: FAO Grants US$2.25 Million for Strengthening Agriculture
  • Community Health Insurance Program Is Another Choice for Poor People
  • Cambodia Continues to Encourage Thailand to Return Khmer Artifacts Soon [that Thai authorities caught from illegal smugglings from Cambodia]
  • More Than One Million People Demonstrated against French President Nicolas Sarkozy [regarding his economic policies to reduce the number of permanent staff of state institutions, especially in schools, which disappoints and makes French people angry – France]

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Monday, 15.9.2008: The Ministry of Defense Calls for the Recruitment of Soldiers

Posted on 16 September 2008. Filed under: Week 578 | Tags: , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 12, No. 578

“General Phan Nguon, a military official of the Ministry of Defense, provided information to students and youth who have the intention to become soldiers to serve the nation. The recruitment procedures were announced through the Royal Cambodian Armed Forces Television [TV5] yesterday morning, while Siam [Thai] black-clad soldiers [from the Special Border Protectin Forces] continuously invade Khmer territory in the west.

“The announcement said that the Ministry of Defense informs students and youth who have the intention to become officers and soldiers to register – and then future officers are required to undergo a four years training, while the normal soldiers are required to go through a six months training.

“The announcement shows several entry points, but it focuses, for the first intake, on the army. The training of the recruits may be inside or outside of the country, and the Ministry points out that both male and female students are being addressed, who have graduated with a high school diploma or have grades comparable, and have the intention to volunteer to become members of the Royal Cambodian Armed Forces – if this applies, interested persons should complete one of the following forms:

Four years training course of the thirteenth intake active soldiers
Four years training course of the first intake for army officers

“The announcement provides detailed information to the volunteers how to become soldiers, and explains how to complete the forms at the Office of Personnel of the Armed Forces Headquarters opposite of the Lux Cinema, and at other town and provincial military outposts countrywide. The date to accept forms starts from the day of the announcement until 26 November 2008, daily and any time of the day.

“The announcement for the recruitment of soldiers is made while a neighboring country of Cambodia invades Cambodian territory in western regions, especially the Siamese [Thai] thief that invades to occupy Khmer Temples along the border at many places, like the regions near the Preah Vihear Temple, the Ta Moan Thom Temple, the Ta Krabei Temple, the Chub Kokir region, and some regions in Anlong Veng and Oddar Meanchey. As for the number of Khmer soldiers, claimed to be around 120,000 to 130,000, it appears that this is only a number, but in fact, there are probably less than half of this number. Because when the nation is in danger, like when the Siamese thief invades the country, there are not enough soldier to respond.

Note:

In the last Editorial we referred to some of the more delicate, and still not discussed problems between both countries; it can be accessed also here.

“Mr. Yim Sovann, the head of the Fourth Committee of the National Assembly and a high ranking official of the Sam Rainsy Party, informed Khmer Machas Srok about the number of soldiers he had received from the Ministry of Defense, ‘For now, I doubt that the number of soldiers is between 120,000 and 130,000, because now, when there is an invasion by a foreign country, like at the western border, the government appears to hesitate to respond; there are not enough troops sent for patrol. Therefore, our soldiers exist only in numbers, but the real number of soldiers is likely to be insufficient, because of corruption, as it is not known where the real soldiers are.’

“Mr. Yim Sovann added that as for the police, he had been informed also that their number is 50,000.

“An official of the Ministry of Defense, who is a former KPNLF soldier of the [US supported] Khmer People’s National Liberation Front [until 1992] of Louk Ta [Grandfather] Son San, said that many soldiers of the divisions of the six military regions in Cambodia, as well as those in towns and provincial military outposts, exist only as numbers, but their salaries are taken by their commanders.

Note:

When one sees the many luxury class extremely expensive Landcruiser car with military license plates on the streets, such an outrageous assumption becomes undertstandable. I had to travel to many different countries in the couse of my life and work – in no other country I have seen luxury cars with military license plates.

When the country needs soldiers, some divisions with nominally nearly 10,000 soldiers have only around 300 to 400 soldiers, including drivers, and those who guard the land and the houses for their division chiefs.

“The same general, who is a former KPLF soldier, continued to say that whatever their affiliation – with the State of Cambodia, or with the former ANKI [Armée Nationale du Kampuchea Independent – National Army of Independent Kampuchea – the former military arm of FUNCINPEC] , or with the KPNLF, or the former followers of Gneral Sak Sutsakhan [who had separated himself from the KPNLF] – their high levels leaders have abandoned them, especially those soldiers who fought in the battlefields in Battambang, Pursat, Banteay Meanchey, Kampong Thom, and Siem Reap, they have been forgotten, and some of their land and housing had been grabbed by the powerful and by the rich.

“However, that former KPLF soldier said that as for the military commanders, specifically those who served the State of Cambodia [1989 to 1993], at present almost all still are in their positions, though most of them have fat potbellies. The official went on to say that the Ministry of National Defense lacked everything during this last period,: it lacks fuel allowance, and the salaries for the soldiers are small and often paid with delays, which contrasts with the salaries of the members of the National Assembly, saying that Ministry of Defense expenses are budgeted as US$267 million for one year.

“Although the Ministry of Defense faces a shortage of solders, there are always thousands of soldiers to protect the Prime Minister Hun Sen, and more than forty tanks which are not broken down, are always on alert for the security of the Prime Minister alone.” Khmer Machas Srok, Vol.2, #244, 14-16.9.2008

Newspapers Appearing on the Newsstand:
Monday, 15 September 2008


Kampuchea Thmey, Vol.7, #1746, 14-15.9.2008

  • Former Parliamentary Candidate of the Sam Rainsy Party Reveals Insider Information [Mr. Chrea Chenda, who joined the Cambodian People’s Party said that the leaders of the Sam Rainsy Party commit corruption]
  • Siam [Thailand] Invades the Trap Mountain and Warns Khmer Soldiers to Retreat [Preah Vihear area – no precise information given whether it relates to the area the Cambodian side has not claimed in the document for the World Heritage listing, or to other areas]
  • More Than 2,000 Workers of the King Maker Shoe Factory Ask Their Manager to Obey Working Condition Regulations [the factory is located in a special economic zone in Svay Rieng]


Khmer Machas Srok, Vol.2, #244, 14-16.9.2008

  • The Ministry of Defense Calls for the Recruitment of Soldiers
  • Son Chhay [Sam Rainsy Party parliamentarian] Plans to Take Father of Tim Sakhan to Visit His Son Directly in Vietnam


Koh Santepheap, Vol.41, #6450, 15.9.2008

  • Hundreds of People Collect Around 40,000 Liters of Fuel Leaking into Rice Fields from Overturned Fuel Tanker Truck [Kompong Trach, Kampot]
  • Price of Fuel Drops from More Than US$140 to US$97 per Barrel [1 barrel corresponds to 117.35 liters, and it drops US$0.37 per liter], but in Cambodia It Drops Only Riel 400 [approx. US$0.10] per Liter


Mate Neak, Vol.1, #5, 15-21.9.2008

  • Citizens from Four Districts of Kandal Criticize the Arrangements and Technique Putting Culverts [some houses are connected, some are not – Kien Svay]


Moneaksekar Khmer, Vol.15, #3565, 15.9.2008

  • The Cambodian People’s Party Decides to Publish List of Ministers on 22 September; Funcinpec Asks for 100 Positions as Government Advisors
  • The Government’s Patience Motivates Siam [Thailand] to Look Down and Invade Cambodia More Strongly


Rasmei Angkor, Vol.11, #1359, 15.9.2008

  • The Royal Government of Cambodia Prepares Complaints to the International Court of Justice after Staying Patient for Two Months with Siam Invading [Prime Minister Hun Sen decided that officials of the government prepare different relevant documents to send complaints again to the UN Security Council and even to the International Court of Justice]


Rasmei Kampuchea, Vol.16, #4694, 14-15.9.2008

  • Japan Tries to Encourage Its Investors to Come to Cambodia
  • Clinton Foundation Announces to Seek Donations to Help to Preserve Forest


Samleng Yuvachun Khmer, Vol.15, #3408, 14-15.9.2008

  • The King Asks the Sam Rainsy Party to Look into the Law [which states that the first session of the National Assembly has to be held within sixty days after the elections, and all parliamentarians elected have to attend the session summoned by the King]

Click here to have a look at the last editorial – how the whole Khmer press withholds the final, decisive document from the public, before the Preah Vihear Temple was listed as a World Heritag Site.

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