Judge’s order draws praise Bridget Di Certo Monday, 13 February 2012
Rights groups and court monitors have applauded an order to resume investigat-ions into the Khmer Rouge tribunal’s controversial third case by international reserve co-investigating judge Laurent Kasper-Ansermet last week. The independent monitoring group Open Society Just-ice Initiative on Thursday called the order an “important development in recognising the inherent unfairness in the premature decision to terminate investigations”. “The proper handling of these two cases still under investigation will be a litmus test of the court’s ability to meet the basic standards of international law,” OSJI executive director James A. Goldston said in a press release. In an order published on Thursday, United Nations-nominated Swiss judge Laur-ent KasperAnsermet said he had determined to re-open investigations into Case 003 that had so far been “defective and prejudicial to all the parties”. National co-investigating judge You Bunleng said in a statement on Friday that KasperAnsermet’s actions were “not legally correct”. “Is he a judge or a press off-icer?” he quipped in the statement. You Bunleng has refused to acknowledge Kasper-Ansermet in an official capacity until he is “appointed as a legally accredited judge”. Ou Virak, executive director of the Cambodian Centre for Human Rights, said KasperAnsermet’s order was a “welcome bold move”. “This is what is necessary and what is needed from the international side at the court,” he said. Victims’ advocate and Civicus president Theary Seng welcomed what she called a change from “past UN lethargy”. Rupert Abbott, Cambodia researcher for Amnesty International, said via email that government obstruction of cases 003 and 004 was shattering the court’s reputation. “[It] amounts to impunity for serious crimes committed during the period of Khmer Rouge rule,” Abbott said
Ministry to boost telco rules May Kunmakara Monday, 13 February 2012
The Cambodian government has approved the establishment of a regulatory body for telecommunications, a sector where lax or non-existent rules have led to frequency and pricing disputes, insiders said.
Meng Kimlong/Phnom Penh Post
Telecom Cambodia office along Monivong Blvd. The Cambodia Telecom Regulator, which Prime Minister Hun Sen approved in a draft subdecree on Friday, will aim to make rules clearer and more transparent, Minister of Posts and Telecommunication So Khun said. “The establishment of CTR will improve the telecom sector’s present management system by separating the functional roles of the Ministry of Post and Telecom,” a press release from the ministry stated. The regulator will become a public entity authorised by the government, with autonomy over technical and administrative controls, as well as establishment, operations, and usage of network and telecom services, the press release said. Industry leaders said the regulator is a much-welcomed step for Cambodia’s telecommunications. “We have been waiting for this for a long time,” CEO of Mekong Net Sok Channda said. “Previously, it had been difficult to do business because we didn’t have an exact law.” After Mekong Net bought a frequency license for WiMax services in 2005, the ministry continued to sell licenses for that frequency, Sok Channda said. The result was overlapping license claims from multiple ISP providers. The lack of clear regulation has been a persistent problem in the sector.
In January 2010, the ministry granted a frequency licence to Star Digital TV that overlapped with several other providers, the Post reported at the time. In the row, two companies’ licenses were revoked, reportedly without compensation. Mekong Net has submitted claims to the ministry in the past, all of which have gone unanswered, Sok Channda said. Kay Lot, the operations manager for Mobitel, said he supported the initiative to resolve pricing disputes in the sector. “It is a positive development in the telecom sector to have established a transparent telecom law that finally makes clear distinctions between the ministry and regulators,” he said, adding that the new laws would encourage potential investors and increase confidence. Mobitel accused other mobile providers of price dumping in September 2009, the Post reported. Earlier that year, the United Nations Development Programme said Cambodia’s mobile market needed more regulation to prevent industry malpractice. Government statistics showed 13 million people, representing 91 per cent of Cambodia’s total population, are subscribers to mobile-phone and fixed-phone services, with roughly 680,000 internet subscribers. Numbers obtained last month by the Post showed 14.9 million mobile subscribers, or more than the total population of the country. Service providers in Cambodia have long decried subscriber-counting practices and standards, saying that each company has a different standard for what constitutes an active user
Rail project families at risk: NGO Mary Kozlovski and Khouth Sophak Chakrya Monday, 13 February 2012
An NGO has criticised a controversial railway rehabilitation project – funded primarily by the Asian Development Bank and AusAID – in a report that states the US$143 million project has left families at risk of impoverishment by failing to adequately compensate and resettle them.
Pha Lina/Phnom Penh Post
A girl cycles past shacks at a Dangkor relocation site. In the report obtained by the Post, Bridges Across Borders Cambodia says a perception among many families interviewed that they had been, or would be, worse off because of the project was “unsurprising”. “The lack of meaningful consultat-ion, including the provision of genuine choices from the beginning, has meant the resettlement process has been fraught with problems for many households,” the report says. More than 4,000 families living alongside the railway could be affec-ted by the project, and at least 1,200 families will have to relocate. BABC executive director David Pred said that although there had been recent improvements, including a partial refund of electricity fees for resettled families in Phnom Penh and allocation of plots to people previously denied them, problems with the resettlement process remained. “The most serious systemic problem of inadequate compensation and loss of income leading families into debt has not been addressed, and it poses the greatest risk of impoverishing affected people,” Pred said. More than a third of the households interviewed felt they had been “intimidated or coerced, mainly by local authorities”, and NGOs monitoring the project had come under “significant pressure”, he said.
The report says the resettlement experience “was not uniform”. Fewer than 40 per cent of the more than 200 households interviewed between September, 2010 and October last year reported that living standards had improved or had not worsened, and development partners had made efforts to improve resettlement. However, there was a “systematic downgrading” of compensation for affected families, the report says. It states that for some, the five resettlement sites were too far from their original homes and none were adequately equipped when families relocated, with access to water and electricity costs of particular concern. “A considerable number of affected households have suffered harm and a deterioration of their living conditions due to non-compliance with the ADB Policy on Involuntary Resettlement,” the report says. It urges the government to halt resettlement until international rights obligations and ADB policies are adhered to, review compensation and ensure basic services at resettlement sites. Long Vanny, 53, who moved from Tuol Sangke village in Russei Keo district to Trapaing Anhchanh village in Dangkor district, is about US$1,000 in debt from building a house and opening a grocery shop. “I hope this relocation and my business will help support my living better, although I owe money,” she said. She has received a larger plot of land with water, electricity and toilets and more than $900, but is far from schools and health centres. The ADB said safeguard policies had not always been “uniformly implemented”. “All families affected by the resettlement process will be as well off, and in many cases much better off, than they were before.” Relocated households would receive land titles after five years and electricity, water supply and basic facilities were being implemented, it said. An Australian embassy spokesperson said improvements had been made at resettlement sites, compensation and grievances processes
S-21 survivor plays host Bridget Di Certo and May Titthara Monday, 13 February 2012
Kandal province Tuol Sleng survivor Bou Meng certainly has something to smile about – more than 200 people attended a housewarming party he threw yesterday at the US$30,000 house he has built in Koh Thom district’s Kbal Damrey commune.
Hong Menea/Phnom Penh Post
Bou Meng (right), fellow S-21 survivor Chum Mey (back, second from left) and other guests dine. “From two years selling my biography, I saved $30,000,” for my house,” Bou Meng said. “I’ve been selling up to 10 books a day for at least $10 each and will keep doing this until I die.” Bou Meng’s biography, penned by Khmer Rouge tribunal public affairs officer Huy Vannak, with a foreword by the New York Times’ Seth Mydans, has been a hit for foreign tourists visiting Phnom Penh and has enabled the former S-21 detainee to enjoy an easier life. Bou Meng, like the now deceased Vann Nath, was kept alive during his S-21 detention for his artistic skills. Recently finished murals of scenes he witnessed during the Khmer Rouge era adorn Bou Meng’s living area. They include vivid images of a saffron-robed monk being clubbed to death, the bright red spearing of a baby tossed in the air like a clay pigeon and waterboarding at S-21. “I still sell my art, mostly to NGOs or tourism businesses,” he said. “But I will keep selling my book every day just to keep saving money.” When asked whether he felt any obligation towards less well-to-do victims, Bou Meng said their problems could likewise be solved by the Documentation Centre of Cambodia, which had drafted and published his biography.
“If other victims are in the same situation I was in before, with no money, they should write their book and get an income like me,” he said. Bou Meng’s home, with its intricate façade work and bright, smooth tiles, stands out in Kbal Damrey, which is at the end of a deeply rutted, unsealed road, more than 60 kilometres from Phnom Penh. His closest neighbour is a Khmer Rouge regime victim who lost almost her entire family and now lives in a wood-and-bamboo structure across the street from Bou Meng’s house. “I don’t know anything about a Khmer Rouge court,” 65-year-old Chum Khim said as a child bounced in her arms to the songs of the karaoke singers at Bou Meng’s party and skinny grandchildren ran around in the dirt under her house. “All I know is that lots of foreigners come to visit Bou Meng and make him rich.”
A vigilant Valentine’s May Titthara and Shane Worrell Tuesday, 14 February 2012
Police will be deployed to guesthouses in Phnom Penh today, and at least one school has asked authorities to crack down on flower sellers in a bid to prevent young lovers indulging in Valentine’s Day activities including sex.
A VENDOR SELLS ROSES TO A MAN AT THE CENTRAL MARKET, IN DOWNTOWN PHNOM PENH, YESTERDAY. MENG KIMLONG
A VENDOR SELLS HEART-SHAPED BALLOONS, STUFFED ANIMALS AND OTHER VALENTINE’S DAY GIFTS AT A STREET-SIDE STALL ABOUT 200 METRES FROM SONTHORMOK HIGH SCHOOL IN PHNOM PENH YESTERDAY. MENG KIMLONG
The Phnom Penh municipal authority announced yesterday it would order “all guesthouses and hotels in Phnom Penh” to strengthen security to avoid “anarchy” on a day that is increasingly
popular across Cambodia. Mak Hong, police chief of the capital’s Sen Sok district, said he would send officers to guesthouses and Phnom Penh municipal police chief Touch Naruth has ordered owners to ensure couples who check in today are over 18. “We just want to prevent anarchy,” Touch Naruth said. Chhun Sarom, director of Wat Koh high school, said truancy rates on Valentine’s Day had increased in recent years, but he hopes a video supplied by the Ministry of Education will encourage students not to skip school with their sweethearts today. “Valentine’s Day doesn’t mean that [girls] have to agree to have sex with their boyfriend as a way to prove their love,” he said. Sivann Botum, secretary of state for the Ministry of Women’s Affairs, told the Post last week the video aimed to buck a trend for girls to consummate their relationships on Valentine’s Day. “One bunch of flowers doesn’t mean we have to have sex with our boyfriends,” said Sivann Botum. “I beg women to maintain our Khmer traditions, because virginity is very important.” Chhun Sarom has also asked police to ban flower sellers near his school. Hout Heng Nin, who works for the Preap Sor guesthouse in Phnom Penh, expects a spike in trade today. “When people come to stay at our guesthouse, we just ask for their identity card, and allow them to stay when their age is 18 or over,” he said. Kheng Tito, a spokesman for the military police, said his officers would not be deployed to guesthouses. “If we do this, maybe we are impinging on people’s rights. If they want to act immorally, they can do that anywhere.” Tong Soprach, an independent social researcher who studied the Valentine’s Day movements of a group of Cambodians aged 15 to 24 for his master’s thesis at the University of Cambodia, agreed. “Sex is not only on Valentine’s Day. There are many opportunities for sex. However, this day is definitely a catalyst for an increase in young people having sex,” he said. It was extremely uncommon for school-aged couples to have sex in their homes, but their sexual relations are not limited to conventional guesthouses, he said. “My findings are that many young people are having sex on Valentine’s Day on the outskirts of town in small houses.” Young couples paid $5 for up to three hours in tiny one-room huts that can fit only two people, he said.
“Girls and young women are taking off their school shirts, wearing face masks and helmets and going there. They want to hide from their parents,” he said. Young people face pressure from parents and neighbours and many are scared to tell their parents that they are in relationships because it could lead to verbal or physical abuse. “Many parents and children do not talk about sexual health, but many parents urge their daughters to keep their Khmer social status,” he said, adding this meant virginity. Of course, not all young people are thinking about love today. Bun Sovantha, 17, a grade 11 student at Boeung Trabek high school in Phnom Penh, said he will stay home because he has no girlfriend and “no one else would be at school”. The young couples he knows will be found hanging out in parks, shopping centres and fun parks, he said.
Defence sees ‘prejudice’ trend Bridget Di Certo with additional reporting by Cheang Sokha Tuesday, 14 February 2012
Ongoing tension between the Khmer Rouge tribunal trial judges and defence counsel for Brother No 2 Nuon Chea erupted yesterday, with the former Khmer Rouge ideologue’s counsel accusing Trial Chamber president Nil Nonn of rude and inappropriate behaviour.
Hong Menea/Phnom Penh Post
Michiel Pestman, co-defence counsel for Nuon Chea, speaks to reporters in Phnom Penh in November last year. Dutch lawyer Michiel Pestman addressed Nil Nonn before substantive proceedings began and accused him of using the Khmer words neak eng to refer to Pestman during court. “I understand the language is inappropriate, if not rude, and could be misinterpreted as intimidating not just me, but also my client,” Pestman said, adding that Nil Nonn used the word 12 times in court last Wednesday to refer to him. “It further undermines the integrity of the court and could give the impression of bias.” Nil Nonn thanked Pestman for his “observation” before turning to the prosecution, who were introducing a selection of documents to the open court. Cambodian legal expert Sok Sam Oeun agreed use of the Khmer word neak eng in court is impolite and could give an impression of bias, but added that it is not unfamiliar in the Kingdom’s courtrooms. “I think the judge should set a good example for the Cambodian courts,” Sok Sam Oeun said. “Local court judges commonly use this word – and much worse!”
A former tribunal Cambodian prosecutor, who did not wish to be named, similarly said the word was frequently used by judges in Cambodian courts. “Of course, it is an impolite word, but there are no laws or judicial advice against using it in court,” he said. Nuon Chea’s defence team has frequently been at loggerheads with the Trial Chamber. Counsel has previously requested the disqualification of the entire Trial Chamber bench, and more recently the disqualification of New Zealand judge Silvia Cartwright for perceptions of bias against their client. All these requests have been rejected by the Chamber. Contacted by the Post yesterday, Pestman said there was an emerging trend of prejudice against his client and defence team “because we are asking the right questions about the ongoing government interference in the work of the court”. He added they would file another request for disqualification of Judge Cartiwright today over comments she has made to New Zealand media. Yesterday’s proceedings centred on the prosecution’s presentation of documents that in their view showed that from as early as the late ’60s, senior Khmer Rouge leadership had begun formulating a policy to turn Cambodia into a nationwide slave camp. The prosecution presented documents detailing the party line and establishment of the first cooperatives, or alleged forced labour sites, in the Khmer Rouge “liberated” areas from the early 1970s. The prosecution also presented documents demonstrating an alleged Communist Party of Kampuchea agenda to destroy and uproot all private enterprise in the Kingdom, and especially to shake apart the social fabric of cities, which the prosecution alleges the accused did through the evacuation of urban areas. While some of the co-accused had attributed the evacuation of Phnom Penh to the threat of US bombing, prosecutors picked out several documents in which Khieu Samphan applauded the success of Khmer Rouge cadre in stemming the flow of food and medical aid into Phnom Penh prior to the capital’s fall.
Fainting at factory probed Chhay Channyda Tuesday, 14 February 2012
Labour officials are investigating why about 30 garment workers reportedly fainted and 130 others became dizzy at a factory in Preah Sihanouk province yesterday amid speculation that poor ventilation was to blame.
Photo Supplied
A garment worker recovers at a hospital in Sihanoukville town after a mass fainting episode at the Nanguo Garment Co Ltd factory in Preah Sihanouk province yesterday. Provincial police chief Tak Vantha said the incident occurred at about 8:30am at the Nanguo Garment Co Ltd factory in the Preah Sihanouk Special Economic Zone in Prey Nop district. “Some said it was caused from not enough air [in the factory] and some said it’s about the smell of the clothes, but we are working on more details,” he said. Yov Khemara, director of the provincial labour department, said that some among the 162 workers were sent to hospitals and clinics, while others sought treatment themselves. “The real [number of workers] who fainted is only 30,” he said, adding that about 70 to 80 percent of those who received treatment had returned home. “Others just felt dizzy, and got headaches.” Yov Khemara said that there were no open windows and not enough ventilation in the factory, which employs about 700 workers, although fainting could also be attributed to workers “hanging out” on weekends, which weakened them.
“First, two workers fainted, so others followed them,” he said, adding that the factory had been temporarily closed. “We have seen that windows closed in buildings make workers faint more.” Some workers believed that spirits had caused them to faint, Yok Khemara added. “It is because they lack sugar in the body; it’s not about any ghosts,” he said. Pok Vanthat, deputy director of the labour health department at Ministry of Labour, who heads the committee, said a committee was due to arrive in Preah Sihanouk province at about 6pm yesterday to begin investigations. Garment worker Moeng Sophon, 32, said she was receiving treatment but still suffered from a headache. “When I entered the factory, I started to [have a] pain in my head,” she said. “I saw some workers faint, so I followed.” Ly Dy, a provincial monitor for the Free Trade Union of Workers, said some workers had improved, but others were unconscious and equipped with oxygen to help them breathe. “It is because the environment at the factory is not good,” he said. Representatives from Nanguo Garment Co Ltd could not be reached for comment
Land titles finally come for some B Kak families Khouth Sophakchakrya Tuesday, 14 February 2012
A painful wait of almost five years is finally over for 27 families in Phnom Penh’s Boeung Kak who were granted their land titles yesterday.
Pha Lina/Phnom Penh Post
Workers from the New Pex garment factory protest outside the Vattanac Industrial Park 2 complex, in Phnom Penh’s Dangkor district, yesterday. Men Sokha, chief of village 22 in Srah Chak commune, said a total of 29 families had been granted a land title, but two could not be accepted because of a condition that the person whose name was on the land title had to accept it in person. The announcement of land titles, which follows municipal urban management officials having issued 475 land titles up to the end of last year, was greeted with relief and elation. “I am very happy when I got this land title because it gives us hope for the future,” vill-ager Chhoun Vanna, 45, said. Taing Kimsong, 55, said he had watched the authority deliver land titles to hundreds of families in Boeung Kak, but until yesterday no one in his village had received one. “Now I have no more concerns, because I have received a real land title from the authority,” he said. This fine print precluded Yom Bopha, 32, a resident of village 22, from claiming a land title that had been issued to her sister, who had moved to France. The sisters had agreed to transfer the land title into Yom Bopha’s name, which had been approved by the commune chief, she said.
“I thumbprinted and received the land title certificate, but 30 minutes later, a land cadastral official phoned and ordered me to bring the land title back,” she said. Yom Bopha said she had been told that the “wrong legal procedure” had been followed and her sister could collect it when she returned from France. Chhim Mony, a Phnom Penh cadastral official who gave the land titles to residents at the Daun Penh dist-rict office, said “it violated legal procedure” to offer a title to anyone but the owner. According to a document from Daun Penh district governor Sok Sambath, obtained by the Post yesterday, another 47 titles will be issued next Monday, 40 on February 27 and 40 on March 5.
Prosecution staff seek leave after wage delay Bridget Di Certo with additional reporting by Cheang Sokha Tuesday, 14 February 2012
Cambodian legal officers from the Khmer Rouge tribunal’s Office of the Co-Prosecutors have requested leave from their positions to find alternate employment until the United Nationsbacked tribunal starts paying their salaries, court officials said yesterday. Press Officer Neth Pheaktra told the Post that the prosecution’s legal officers were looking to secure other jobs because they had not been paid since October last year. “It is a very difficult situation – while the UN staff at the Court never face late payment of salaries, the Cambodian side is facing this kind of situation for the fourth time,” Neth Pheaktra said. “It is very demoralising for the court.” Cambodian court officials, including Acting Director of Administration Tony Kranh, have requested that “funding for the entire ECCC should be made available on a timely basis, and simultaneously to both the United Nations and Cambodian sides of the court to ensure sustainability and efficiency”. The court’s management team, including Tony Kranh, are due to fly to UN headquarters in New York this month to seek funds and submit a budget plan for the court, but as yet no date for the trip has been set. Under the framework established by the UN and the Cambodian government, the government is responsible for paying salaries of Cambodian staff at the court, but in practice, this has not been the case. “The funding source for covering the national side’s staff salary relies totally on the voluntary funding from Friends of the ECCC,” Neth Pheaktra said. International co-prosecutor Andrew Cayley said that his Cambodian counterpart, Chea Leang, informed him on Friday that six staff members would take a temporary leave of absence due to lack of payment. “The six of them are highly valued members of our office and they need to be paid,” Cayley said. “The OCP will still be able to function, but of course not as effectively.” National co-prosecutor Chea Leang could not be reached for comment.
UN funds appeal in young lesbian’s case Kristin Lynch and Sen David Tuesday, 14 February 2012
A 20-year-old woman currently serving a five-year prison term for having sex with a minor she asserts was her girlfriend, now has a United Nations-funded lawyer, sources close to the case confirmed yesterday. The defence plans to file an appeal, and the resulting court decision could set an important precedent on same-sex relationships in the Kingdom, observers contend. The Post reported late last month that Phlong Srey Rann had been convicted of illegal detention and human trafficking for having sex with her girlfriend, who was allegedly a minor at the time. However, the young prisoner said she had no idea her girlfriend was under-age, since they both worked at a shoe factory in Kandal province. According to Cambodian labour laws, factory workers must be at least 18 years of age. Phlong Srey Rann’s mother, Som Srey Roth, told the Post yesterday that a Cambodian lawyer, Mao Tan Emm, had been hired to represent her daughter. Reached by phone yesterday, Mao Tan Emm said he had been hired by the UN Office of the High Commissioner on Human Rights and had met with Phlong Srey Rann last Thursday at Prey Sar prison, along with a UN representative, who he did not know by name. The litigator said he plans to file an appeal and prove his client’s claim that documents provided by her girlfriend’s family, which indicated their daugther was under-age, were falsified. “The girlfriend’s family bribed local authorities to change her real age to file a complaint against Srey Rann,” Mao Tan Emm said yesterday. “She is really over 20-years-old, but the family faked the documents to say that she was only 14years-old,” he added. A former Ministry of Justice worker, Mao Tan Emm has practiced law in the Kingdom for 15 years. Although representing a GLBT client would be “new” territory for him, Mao Tan Emm said he was confident that he has enough experience to be effective. Sok Ly, coordinator for the Sexual Orientation and Gender Identity Project at the Cambodian Centre for Human Rights, said yesterday that the appeal case could mark the first time that the courts have publicly acknowledged a same-sex relationship in the Kingdom. “This is really important for all LGBT people in Cambodia,” he said. Meanwhile, Phlong Srey Rann’s mother said that she and her husband had recently lost the Kandal province home they were staying in because they could not afford the rent. With two younger children in school, the couple had relied heavily on Phlong Srey Rann’s monthly factory earnings to help pay the bills.
Despite the “difficult” circumstances, Som Srey Roth said she was hopeful for her daughter’s future. “I hope that she is released, I miss my daughter so much,” she added. Zoe Latumbo, spokesperson for the OHCHR, said she could not comment at this stage
Old interviews put trio on spot Bridget Di Certo Wednesday, 15 February 2012
The three former Khmer Rouge leaders on trial at the United Nations-backed tribunal yesterday had media interview after media interview thrown back at them as the prosecution used their own words as evidence against them.
ECCC POOL
Former Khmer Rouge Foreign Affairs Minister Ieng Sary sits in the trial chamber at the Khmer Rouge tribunal in November last year. Ieng Sary, as former deputy prime minister in charge of foreign affairs, was determined to damn Pol Pot and other regime leaders after he split from them in the 1980s, and inadvertently betrayed his leadership position in the regime and complicity in the crimes he is charged with in interviews he gave at the time, prosecutors said yesterday. “Frankly speaking, in 1974, I talked with Pol Pot that taking people out of Stung Treng and Kratie was easy because there were not many people,” Ieng Sary told the Australian Broadcasting Corporation in 1996 about the Khmer Rouge’s forced movement of the population out of urban centres. “Out of Phnom Penh, not so easy. Everything must be arranged because there were millions of people,” he added. The prosecution used previous media interviews to demonstrate Ieng Sary’s knowledge and complicity in the early pre-1975 cooperatives that served as a blueprint for the eventual brutal forced labour camps across the Kingdom, but also to highlight his pride and defence of the cooperatives, which have been characterised in the indictment against him as constituting crimes against humanity.
Critical to the subject matter of the first mini-trial in Case 002, the prosecution has brought forward documents they allege demonstrate that the three co-accused – Nuon Chea, Ieng Sary and Khieu Samphan – all participated in planning the evacuation of Phnom Penh, and that this evacuation, to some degree, would be a permanent removal of people from their property. Ieng Sary, who has previously unsuccessfully claimed he is unfit to stand trial, was excused from the courtroom mid-morning as he had a “pain in his foot”. Interviews that former Khmer Rouge head of state Khieu Samphan had given to journalists prior to his arrest and detention in 1997 were also used by the prosecution in an attempt to contradict his previous claims that he was the “Minister of Defence of Nothing”. Khieu Samphan had boasted to Swedish documentary filmmakers that he was “integral” in uniting then-Prince Norodom Sihanouk and the Khmer Rouge forces. “[The documentary is] evidence he had contemporaneous knowledge of the situation on the battlefield and his endorsement of that brutality,” senior assistant co-prosecutor Tarik Abdulhak said in court. “[Khieu Samphan] had knowledge of meetings prior to the evacuation of Phnom Penh. We also see that Khieu Samphan accepted the use of violence
PM urges youths to love all year round May Titthara Wednesday, 15 February 2012
Fleeting Valentine’s Day trysts in the confines of cheap guesthouses are not the Cambodian way, and young couples should love every day – provided they make a life-long commitment to their partners, Prime Minister Hun Sen said yesterday.
Pha Lina/Phnom Penh Post
Prime Minister Hun Sen speaks yesterday during a groundbreaking ceremony for the expansion of National Road 6 in Phnom Penh. Speaking during a National Road 6 ceremony, the premier joined the chorus of officials urging youths to avoid guesthouses on Valentine’s Day. “It is not our culture,” he said. “In Cambodia, we don’t have only February 14 as a day for loving, we have 365 days.” His plea came amid police suggestions they would deploy officers to guesthouses to prevent “anarchy”. At Preap Sor guesthouse in Phnom Penh, Valentine’s Day arrived without the rush of check-ins some had expected and it was business as usual when the Post spoke to employee Hout Heng Nin. “I think the couples will not come to stay in a guesthouse after the news about police patrols,” he said. Sim Piseth, police chief in Daun Penh’s Phsar Thmey II commune, said his officers would patrol guesthouses last night and had monitored outside schools for people selling roses in “banned” areas.
“We’re afraid people will buy roses for their partners and argue at night,” he said. Chhum Srey Nouch, 18, a student at a Phnom Penh high school, said Valentine’s Day had not been as big this year because of police warnings and teachers scheduling compulsory exams. “I am also afraid police will arrest me when I go out with my school uniform,” Chhum Srey Nouch said. Another grade 12 student, who did not want to be named, told the Post that Valentine’s Day had been harder for young lovers this year. He doubted, however, that police and government warnings would have deterred youths from doing what they wanted. “Students would not have gone to a guesthouse, because they would have been afraid of being arrested, but they would have gone elsewhere,” he said. Meak Chhor Reaksmey, director of Santhor Mok high school in Phnom Penh, said truancy had been markedly lower than on previous Valentine’s Days because no roses had been allowed to be sold close to the school and teachers had enforced a compulsory exam.
Building not for evictees Khouth Sophakchakrya with additional reporting by Shane Worrell Friday, 17 February 2012
Development firm Phan Imex is finally building one of two long-awaited buildings on the site of this year’s violent Borei Keila evictions, but evicted residents will find little to cheer.
Hong Menea/Phnom Penh Post In the background is one of eight apartment blocks that were built for former Borei Keila residents, as well as a building under construction. The new building is not intended to house evicted residents.
The new building, the ninth of 10 promised to residents displaced for a development project, was not intended for the evicted families, a Phan Imex representative told the Post yesterday. As about 40 Borei Keila evictees gathered at the site to continue to plead for a solution to their housing woes, construction workers, who did not want to be named, revealed they were carrying out work for Phan Imex on the construction site. They would not confirm what they were building, and said they did not know what Phan Imex planned to do with it when they were finished. U Navy, an employee of Phan Imex, said the building under construction “will not be given” to evicted Borei Keila families, but she did not specify what it will be used for. The Post made numerous calls to the company’s owner, Suy Sophan, but her spokespeople provided various reasons why she was not answering her phone, including that she was cooking, had left her phone in her driver’s car or had left her phone on charge while she did something else. When reached, she declined to comment because she was busy. Phan Imex announced in 2010 it could not build the final two buildings it had agreed to because of bankruptcy. About 200 families were evicted on January 3 and relocated to Tuol Sambo village, on the outskirts of Phnom Penh, or Srah Po village, in Kandal province. Protester Tim Sakmonny, who has been arrested twice in Borei Keila demonstrations, was shocked the company was constructing “building nine” without offering a them a solution.
“They [Phan Imex] tried to force us to accept a small house on the city’s outskirts or land the size of five by twelve metres in Kandal province and $100 – and now they go and build this,” she said. “We refused. What we are demanding is a flat in Borei Keila that the company had signed a contract promising to build,” she said. Since Phan Imex workers demolished her family’s house, they have been sleeping on stairs or outside at Borei Keila, Tim Sakmonny said. Phan Imex originally agreed to construct 10 six-floor buildings on two hectares of land to house 1,776 displaced families, in exchange for the right to develop the remaining 2.6 hectares. U Navy said some of the protesters had already received land titles and a flat, but had sold or given it to other people, then returned to ask for more. “How can the company offer this [building] to these people?” she said. The company had more than 100 rooms in other buildings for those who had specific and accurate documents, she said, while those with “inaccurate documents” were still being assigned some kind of house or land. “I think those who have accurate documents should talk with the company rather than join the protest with those who do not having specific documents and are greedy,” she said. Nhem Vuthy, 28, said she had documents that were recognised by “all relevant authorities”, but the company was yet to give her a house. “Why have they been building houses if they are not going to give them to poor people in Borei Keila,” she said. Keo Kosal, Veal Vong commune chief in 7 Makara district, said she did not know whether the building under construction would house Borei Keila families in the future. “I don’t know why the company is constructing this ninth building, but I want all residents to have houses and live safely,” she said. Sia Phearum, secretariat director of the Housing Rights Task Force, said he was not aware that a ninth building was being constructed. “We’re not clear on this development,” he said. “I think if Phan Imex sells this land, it is yet another injustice for the people and it would seem the company has abandoned poor people and is interested only in companies with money. “If they do not finish what they agreed to, they have violated the agreement, and I would ask the Anti-Corruption Unit to investigate this to improve accountability. The government should also act.”
Defence wants Meas Muth on stand Friday, 17 February 2012
Khmer Rouge Navy commander Meas Muth, an alleged suspect in government-opposed Case 003, is on a list compiled by the Khmer Rouge tribunal Trial Chamber as a witness who can address the communication and administrative structures of the Khmer Rouge.
Former Khmer Rouge navy commander Meas Muth speaks to the Post in 2009.
Heng Chivoan/Phnom Penh Post
Accused regime leader Nuon Chea’s defence counsel yesterday requested that Meas Muth be summoned to present oral testimony in the courtroom. “Where witness statements go to the acts or conduct of the accused or pivotal issues in the case, the makers of those statements, where available, should be present in the court room,” defence counsel Andrew Ianuzzi said. “Meas Muth, as we all know now, is a suspect in case three … is a witness on the list to communications structure.” The parties yesterday were debating the reliability or authenticity of a list of documents compiled by the Trial Chamber that are relevant to the administrative structure of the Khmer Rouge and demonstrate that there was a communication chain leading straight to the elderly trio of accused war criminals on trial. Ianuzzi also named several other controversial witnesses Nuon Chea wishes to see summoned for questioning. These include Senate president Chea Sim, National Assembly president Heng Samrin and ruling Cambodian People’s Party senators Ouk Buncchoeun and Sim Ka. “Mr Henry Kissinger is travelling in the region in the next few months, his testimony would be quite relevant to the unclosed historical segment of the trial, and we would very much support his appearance here,” Ianuzzi said. Nuon Chea wants the court to look at the involvement – and culpability – of the American B52 bombing of Cambodia in the historical context of the rise to power of the Khmer Rouge. Former Deputy Prime Minister for Foreign Affairs Ieng Sary’s legal counsel Michael Karnavas raised a series of issues with the document list, including documents composed by former staff members of the Office of the Co-Investigating Judges, including materials composed by
historian Steve Heder. Ex-president Khieu Samphan’s legal counsel Kong Sam Onn said his client raised objection to the reliability of documents coming from the Documentation Centre of Cambodia, an organization he branded as “looking for inculpatory evidence against the accused persons”. Prosecutors and Civil Party lawyers disputed the merit of these defence objections. Court is now in recess until March 12.
Mu Sochua sued over Prey Speu detainees’ ‘escape’ Meas Sokchea with additional reporting by David Boyle Friday, 17 February 2012
Almost a month after opposition lawmaker Mu Sochua gave a spirited speech that preceded the escape of detained Borei Keila evictees from the Prey Speu Social Affairs Centre, the facility’s director has sued her – but, curiously, refuses to say on what grounds.
Hong Menea/Phnom Penh Post SRP lawmaker Mu Sochua (pictured right).
The 18 evictees, all women and children, had been summarily rounded up by police, forced into the centre and held for a week without charge after protesting against their eviction from Borei Keila by the development company Phan Imex, which had broken a promise to provide them with housing. Vann Nhann yesterday declined to specify why he had sued the Sam Rainsy Party lawmaker, directing questions to his lawyer, who could not be reached. Mu Sochua said she felt Vann Nhann was a good man who had been pressured by members of the government into filing ridiculous defamation and incitement charges that she could not explain. “I was locked in the centre for more than an hour with all the women and children; the gates were locked,” she said. “I asked him if he could please open the door, and he said: ‘I can’t without orders.’ “He knew what he was doing was wrong. He is a good man; I don’t think he wants to file a lawsuit against me, and we must stop this pressure from high-ranking officials.” She said the fact that Phnom Penh municipal officials had denied the residents were being detained simply added to the absurdity of the fact that she was being sued. “[Suing me] means they were detained, so it’s all catch 22. I want them to take me to court. I
really do,” she said. Phnom Penh Municipal Court deputy prosecutor Sok Roeun could not be reached for comment yesterday. As a member of parliament, Mu Sochua would under normal circumstances be shielded from the lawsuit because of her parliamentary immunity. In 2009, however, that immunity was suspended by the National Assembly. The suspension followed Mu Sochua’s filing of a defamation lawsuit against the Prime Minister after he labelled her “strong legs”, which, in Cambodian culture, implies immorality when used to describe women. The Prime Minister promptly counter-sued and the court ruled against her.
Rights group takes aim at huge tourist project May Titthara Friday, 17 February 2012
A Chinese company granted a vast land concession in Koh Kong province has destroyed the homes of more than 1,100 families and taken 10,000 hectares of their land, leaving most of them with nothing, a report released by the rights group Adhoc yesterday says. The Union Development Group, which was granted a 36,000-hectare economic land concession in the Kiri Sakor and Botum Sakor districts in April, 2008 for a US$5 billion mega-tourism zone, has also failed to pay agreed-to compensation to those it has displaced, the report says. Ouch Leng, the head of Adhoc’s land program, said the company had simply breached an agreement with the Ministry of Environment to pay between $2,500 and $8,000 in compensation per family and provide a few hectares of land. “[They are] living in horrific conditions. Their right to their homes was withdrawn,” Ouch Leng said. “Villagers who were forced to move just got fake promises from the authority and [the company] took over their land without fair compensation,” he said. Abetted by military police, the company had forced villagers to relocate and would often threaten them if they resisted, Ouch Leng said. A total of 1,500 homes had been destroyed, and two schools and three pagodas were forced to relocate. Prak Thorn, a 68-year-old villager forced to move from the area, said he could not understand why the company did not compensate him. “They [the company] got a lot of land from the government already. Why did they need my small plot of land?” he said. The 36,000-hectare ELC breaches Cambodian land law, which limits such concessions to 10,000 hectares. Last August, the company was granted an additional 9,100 hectares in the protected Botum Sakor national park to build a hydropower dam. Thuk Kroeun Vuth, secretary of state at the Ministry of Environment, said government research conducted before the concession was granted had shown that the development would have a positive impact on local people and the environment.
Tribunal officials take funding case to UN Bridget Di Certo Friday, 17 February 2012
The United Nations-backed Khmer Rouge tribunal will request US$89 million from the international community next week when officials fly to New York on Monday to present UN headquarters with the tribunal’s budget. “For the coming two years (2012 and 2013), the ECCC is requesting approval of the proposed budget of roughly $89 million, of which around $45 million is for 2012 and around $43 million is for 2013,” public-affairs officer Huy Vannak told the Post. “For the two-year plan of the ECCC, the national side of the ECCC is requesting roughly $20 million and the international side of the ECCC is requesting roughly $69 million.” Cambodian staff at the court are not being paid because the national side of the ECCC has run out of money. Some Cambodian staff members have not received their salaries since October last year, and a team of legal officers from the Office of the Co-Prosecutors have asked that they be allowed to leave their positions in favour of paid work until the funding crisis is resolved.