Thursday, 19 February 2009

Military delegation visits Laos, Cambodia, Thailand

19/02/2009

VietNamNet Bridge – A military delegation led by Minister of Defence General Phung Quang Thanh on February 18 left Hanoi for official visits to Laos, Cambodia and Thailand.

The visits are made at the invitations of the Lao Deputy Prime Minister and Defence Minister, Senior Lieutenant-General Duoangchay Pichit, the Cambodian Deputy Prime Minister and Defence Minister, Tea Banh and the Thai Defence Minister, Prawit Wongsuwan.

The delegation will attend the third ASEAN Defence Ministers’ Meeting (ADMM-3) which will be held in Pattaya, Thailand from February 25-27.

VietNamNet/VNA

Khmer Rouge Pretrial Ends After Clash Over Evidence

Kaing Guek Eav, also known as 'Duch' (c), during first day of UN-backed tribunal in Phnom Penh, 17 Feb 2009

By VOA News
18 February 2009

Prosecutors and defense attorneys have clashed in Cambodia over evidence at a pretrial hearing for the man who once ran a notorious Khmer Rouge prison.

Defense lawyers for Kaing Guek Eav, known as Duch, argued Wednesday against using a film documenting torture as evidence before a genocide tribunal.

Prosecutors insisted on introducing the film shot by Vietnamese soldiers shortly after they drove the Khmer Rouge from power in 1979.

The pre-trial hearing has ended with an official trial date yet to be announced.

The United States on Wednesday expressed strong support for bringing to justice senior leaders responsible for the atrocities committed under the Khmer Rouge regime.

U.S. State Department Deputy Spokesman Gordon Duguid, in a statement, urged the court to conduct a fair and transparent judicial process and address allegations of corruption.

Many Cambodians have criticized the 30-year wait for the trial. Tribunal spokeswoman Helen Jarvis said many potential witnesses have died.

Duch is the the first of five ex-Khmer Rouge leaders to be tried under the joint United Nations-Cambodian genocide tribunal.

He is charged with crimes against humanity, war crimes, torture and murder for his role in some 15,000 deaths that took place at the S-21 detention center in Phnom Penh between 1975 and 1979.

Duch has admitted to committing atrocities and expressed remorse for his actions.

At least 1.7 million Cambodians died during the four-year reign of the communist Khmer Rouge regime.

Some information for this report was provided by AFP, AP and Reuters.

Strong U.S. Support for Trial of Former Khmer Rouge Official

U.S. has given $1.5 million to court, but urges it to prevent corruption

America.gov

By Stephen Kaufman
Staff Writer

Washington — As the trial of former Khmer Rouge official Kaing Guek Eav, better known as “Duch,” opened in Cambodia February 17, the United States said it has dispensed more than $1.5 million to support the joint Cambodian–United Nations tribunal, which is prosecuting human rights atrocities committed during the 1970s.

“We strongly support bringing to justice senior leaders responsible for the atrocities committed under the Khmer Rouge regime,” State Department acting deputy spokesman Gordon Duguid said February 18, adding that the joint tribunal should proceed with its prosecutions “in a fair and transparent judicial process.”

Duch was a former head of the Tuol Sleng interrogation center, located in the Cambodian capital, Phnom Penh. He is accused of presiding over the murder and systematic torture of at least 15,000 inmates.

Approximately 2 million people are believed to have been either executed or killed through starvation and overwork during the 1975–1979 Khmer Rouge regime, which killed suspected opponents and forced the inhabitants of Cambodian cities from their homes to work on collective farms.

In 2006, Cambodia and the United Nations agreed on a joint tribunal to try surviving Khmer Rouge officials for their crimes.

Along with Duch, the court has indicted former President Khieu Samphan; former Foreign Minister Ieng Sary; former Minister for Social Affairs Ieng Thirith; and the Khmer Rouge’s chief ideologue, Nuon Chea. All are now elderly and reported to be in poor health.

Pol Pot, the Khmer Rouge’s founder and leader, died in 1998.

The United States and others in the international community had previously expressed concern over corruption, mismanagement and political influence in the Extraordinary Chambers in the Courts of Cambodia, also known as the “E-triple-C.”

However, on September 16, 2008, the State Department said it believed the body had improved to the point where it could meet “international standards of justice,” and former State Department spokesman Sean McCormack said the United States would be providing $1.8 million to assist the court.

Acting deputy spokesman Duguid said $1.5 million has been dispensed.

“We believe the court has made significant strides to overcome international concerns about corruption and mismanagement,” Duguid said. However, he also called on it to “continue to be proactive in preventing corruption and addressing the previous allegations.”

The second day of the trial for crimes against humanity of chief Khmer Rouge torturer Kaing Guek Eav

Prosecutors Chea Leang of Cambodia (L) and Robert Petit of Canada speak to the media after the first day of the trial of Kaing Guek Eav, also known as Duch, at the Extraordinary Chambers in the Courts of Cambodia (ECCC) on the outskirts of Phnom Penh February 17, 2009.REUTERS/Chor Sokunthea (CAMBODIA)

Cambodian guards prepare to escort former Khmer Rouge prison commander Kaing Guek Eav, also known as 'Duch' to a U.N.-backed tribunal Wednesday, Feb. 18, 2009, at the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh.(AP Photo/David Longstreath)

Cambodian guards escort former Khmer Rouge prison commander Kaing Guek Eav, back seat in the car, also known as 'Duch' to a U.N.-backed tribunal Wednesday, Feb. 18, 2009, at the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh.(AP Photo/David Longstreath)

Cambodian guards look on as others escort former Khmer Rouge prison commander Kaing Guek Eav, back seat in the car, also known as 'Duch' to a U.N.-backed tribunal Wednesday, Feb. 18, 2009, at the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh.(AP Photo/David Longstreath)

Cambodians arrive for a U.N.-backed tribunal Wednesday, Feb. 18, 2009, at the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh. Kaing Guek Eav, also known as, 'Duch' is the first of five former Khmer Rouge leaders being tried for crimes against humanity.(AP Photo/David Longstreath)

Cambodians arrive for a U.N.-backed tribunal Wednesday, Feb. 18, 2009, at the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh. Kaing Guek Eav, also known as, 'Duch' is the first of five former Khmer Rouge leaders being tried for crimes against humanity.(AP Photo/David Longstreath)

Cambodian security officers check up near the site for a U.N.-backed trial of former Khmer Rouge prison commander Kaing Guek Eav, also known as 'Duch' Wednesday, Feb. 18, 2009, at the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh. The trial, the first of five former Khmer Rouge leaders, is expected to last several months according to officials.(AP Photo/Heng Sinith)

Women wearing their courtroom tickets smile during a break in the trial of chief Khmer Rouge torturer Kaing Guek Eav, also known as Duch, on the outskirts of Phnom Penh February 18, 2009. Duch faced trial for crimes against humanity on the second day of his trial on Wednesday, the first by a senior Pol Pot cadre three decades since the end of a regime blamed for 1.7 million deaths.REUTERS/Chor Sokunthea (CAMBODIA)

Cambodians arrive on the second day of the trial for crimes against humanity of chief Khmer Rouge torturer Kaing Guek Eav, also known as Duch, on the outskirts of Phnom Penh February 18, 2009.REUTERS/Chor Sokunthea (CAMBODIA)

Western tourists look at a display at the Tuol Sleng Genocide Museum in Phnom Penh, Cambodia Wednesday, Feb. 18, 2009. A long-delayed Khmer Rouge genocide tribunal wrapped up its opening session Wednesday with judges saying they still need to finalize a list of witnesses before announcing when a full trial of the former head of the regime's notorious torture center will begin.(AP Photo/Heng Sinith)

A western tourist takes picture of a cell used as a torture chamber at Tuol Sleng Genocide Museum in Phnom Penh, Cambodia, Wednesday, Feb. 18, 2009. A long-delayed Khmer Rouge genocide tribunal wrapped up its opening session Wednesday with judges saying they still need to finalize a list of witnesses before announcing when a full trial of the former head of the regime's notorious torture center will begin.(AP Photo/Heng Sinith)

A Cambodian tourist walks through cells used as a torture chamber at Tuol Sleng Genocide Museum in Phnom Penh, Cambodia, Wednesday, Feb. 18, 2009. A long-delayed Khmer Rouge genocide tribunal wrapped up its opening session Wednesday with judges saying they still need to finalize a list of witnesses before announcing when a full trial of the former head of the regime's notorious torture center will begin.(AP Photo/Heng Sinith)

Tourists walk toward at Tuol Sleng Genocide Museum in Phnom Penh, Cambodia, Wednesday, Feb. 18, 2009. A long-delayed Khmer Rouge genocide tribunal wrapped up its opening session Wednesday with judges saying they still need to finalize a list of witnesses before announcing when a full trial of the former head of the regime's notorious torture center will begin.(AP Photo/Heng Sinith)

A Cambodian family inspects a rusting ammunition box in one of the rooms used as a torture chamber at Tuol Sleng Genocide Museum in Phnom Penh, Cambodia, Wednesday, Feb. 18, 2009. A long-delayed Khmer Rouge genocide tribunal wrapped up its opening session Wednesday with judges saying they still need to finalize a list of witnesses before announcing when a full trial of Kaing Guek Eav — better known as Duch , the former head of the regime's notorious torture center will begin.(AP Photo/Heng Sinith)

A Cambodian girl views a painting depicting torture at Tuol Sleng Genocide Museum in Phnom Penh, Cambodia, Wednesday, Feb. 18, 2009. A long-delayed Khmer Rouge genocide tribunal wrapped up its opening session Wednesday with judges saying they still need to finalize a list of witnesses before announcing when a full trial of the former head of the regime's notorious torture center will begin.(AP Photo/Heng Sinith)

Tribunal needs final list of witnesses

The Daily Star, Bangladesh
Thursday, February 19, 2009

Ap, Phnom Penh

A long-delayed Khmer Rouge genocide tribunal wrapped up its opening session yesterday with judges saying they still need to finalise a list of witnesses before announcing when a full trial of the former head of the regime's notorious torture centre will begin.

Kaing Guek Eav -- better known as Duch -- is charged with crimes against humanity. He is the first of five defendants from the close-knit, ultra-communist regime that ruled Cambodia in the 1970s and turned it into a vast slave labor camp in which an estimated 1.7 million people perished.

Three decades after the fall of the Khmer Rouge, the U.N.-assisted tribunal began a procedural session Tuesday to lay the groundwork for a full trial expected in March. The precise date has not been set and details still need to be ironed out, including who will testify.

Judge Silvia Cartwright, a former New Zealand High Court judge, told the court that the tribunal's five judges met Wednesday in private to pare down the lists of proposed witnesses to "consider whether the testimony would be redundant or repetitious."

She said judges had agreed on about 30 of the witnesses proposed by lawyers for the prosecution, defense and civil parties. They dropped a handful of witnesses and postponed a decision on about 20 others. She did not say when a decision would be made.

Among those who are to be summoned to testify are British journalist Nic Dunlop, who discovered Duch in northwestern Cambodia in 1999. An American scholar, David Chandler, the author of several books on Cambodia, will also be asked to testify, the court said.

Duch oversaw the S-21 prison in Phnom Penh - previously a school, now the Tuol Sleng genocide museum - where some 16,000 men, women and children were detained and tortured. Only a handful survived.

Duch, 66, is the only defendant who has expressed remorse for his actions. He is accused of committing or abetting a range of crimes including murder, torture and rape. He did not address the court Tuesday but through his lawyer he again voiced regret.

After the fall of the Khmer Rouge, Duch disappeared for two decades, living under two other names and converting to Christianity before he was located by Dunlop, the British journalist.

Judges also still need to decide whether to admit as evidence a short film shot by Vietnamese soldiers when they entered Tuol Sleng prison in January 1979 after toppling the Khmer Rouge.

Tortured Kiwi sailor's family awaits justice

By JUDITH HUGHEY - The Dominion Post (New Zealand)
Thursday, 19 February 2009

Thirty years ago Kiwi trans-Atlantic rower Rob Hamill's brother suffered a cruel fate, tortured to death by the brutal Khmer Rouge after his yacht blew off course.

Now justice is close as the first United Nations-backed trial of one of the notorious Cambodian leaders gets under way in Phnom Penh.

Kerry Hamill was 28 when he was killed in 1978. He was sailing from Singapore to Bangkok with the yacht's co-owner Stuart Glass, from Canada, and the charterer, British man John Dewhirst.

On the stand at the trial this week is prison chief "Duch" - real name Kaing Guek Eav - who ran Tuol Sleng, the former primary school that was turned into a torture centre and prison. This was where Mr Hamill, Mr Dewhirst and possibly 10 or more Westerners, among more than 10,000 Cambodians, were tortured and killed. Mr Glass was killed when the yacht was captured.

Mr Hamill, who represented New Zealand at the Olympics in 1996 and rowed the Atlantic Ocean, setting a world record with Phil Stubbs, plans to go to Cambodia for the trial once it gets under way.

"We look forward to seeing some sort of justice as far as the family goes," Mr Hamill said. He has spent several years trying to find out what happened to his brother. "We think the weather blew him off course and he got into territorial waters."

Four Americans and two Australians are among the Westerners murdered by the Khmer Rouge.

The regime ruled Cambodia, which they renamed Democratic Kampuchea, from 1975 to 1979, when the Vietnamese gained control and forced them into hiding.

The Tuol Sleng prison, also known as S21, is now visited by most travellers to Phnom Penh. Photographs taken by the Khmer Rouge of their captives are displayed alongside "confessions" to being CIA operatives.

"Duch" - now 66 - is charged with overseeing the torture and extermination of more than 12,000 men, women and children at Tuol Sleng. He was formerly a maths teacher.

New Zealand's Dame Silvia Cartwright is one of two international judges, sitting alongside three Cambodian judges, on the Cambodia War Crimes Tribunal.

Former Phnom Penh police commissioner Heng Pov demands to be able to pay his lawyer himself

Ka-set
By Ros Dina (and Laurent Le Gouanvic)
19-02-2009

Former chief of the municipal police of Phnom Penh Heng Pov, sentenced to more than 58 years of prison in six cases - including the murder of judge Sok Sethamony - and a suspect in three more cases, was granted on Tuesday February 17th an adjournment in his trial before the Court of Appeal of Cambodia, after claiming he was not able to pay the lawyer of his choice due to his bank account being frozen by the authorities.

Heng Pov was due to answer charges of illegal possession and use of weapons at the Appeal Court, in a case for which he had been sentenced by the Municipal Court of Phnom Penh in 2007 to spend 18 months in prison and pay two million riels. In the end, the former commissioner only spent a few minutes at the stand on Tuesday, in the cramped and crowded courtroom of the Appeal Court.

“900,000 dollars on five accounts”
After he left the courtroom, Heng Pov, who was wearing the prisoner's blue uniform, continued to plead his case in front of the journalists, denouncing an “injustice” and an “abnormality”: although according to his own admission, he owns “five bank accounts, including two international ones” on which he is reported to have almost “900,000 dollars,” the former commissioner claimed he was unable to pay the fees of his lawyer, Kao Sopha, who he chose as his defence counsel, his “medical treatment” and the “school fees” of his children.

“Every defendant in the country has the right to use their money to choose their lawyer, except for Heng Pov! Why?”, he exclaimed. “That is really strange, when I have money to pay!” The former policeman has refused to receive legal aid or be represented by a court-appointed lawyer, and demanded the right to have free access to his bank accounts, or at least, to be able to withdraw “a reasonable amount” to cover his legal costs and health expenses and his children's school fees. He did not want to give a public estimate, but his lawyer Kao Sopha assessed it to 200,000 dollars.

15,000 dollars per case
The lawyer put forward the same arguments as his client. He argued that since the latter had money and was willing to pay, there was no reason why he should not be able to represent the defendant and be paid. “As a private lawyer, I have the right to receive fees. How can people accuse me of lacking generosity? When people are poor, I am ready to represent them for free. If Heng Pov did not have any money, I would not ask him for one dollar and I would continue to represent him.” The attorney claimed he has signed with his client contracts on eight of the nine cases in which he is due for trial, for a 15,000 dollar fee each.

For both Heng Pov and his counsel, there are no longer any reasons today for his bank accounts to be frozen. The freeze had been decided at the initiative of the Ministry of Interior, after he was arrested and charged in two cases of illegal confinement and extortion, one in relation to a Korean national and the other to a Cambodian one. In the first case, the former municipal police chief was cleared. In the second, Heng Pov – first accused of participating to a kidnapping to demand a ransom of over 26,000 dollars in exchange for that person's release – was finally sentenced to three months of prison for making an arrest without warrant and not for illegal confinement or extortion. The former commissioner therefore considered that the motives for the freeze are no longer valid.

Dirty money?
Kao Sopha even went as far as making a rather daring suggestion to the Court. “If you do not want Heng Pov to get his money, you have to use another charge, like corruption for instance... Then, the Court would have the right to freeze the money. If it truly considers it is dirty money, I do not want any of it and I will continue to represent Heng Pov for free,” he declared.

The defendant then publicly claimed his innocence and stated that if he had really committed the crimes he is accused of, he would probably have made testimonies disappear and he would not have participated actively to the “crackdown launched by the prime Minister against trafficking and abduction,” an attitude which he says would have been “suicidal if [he] had been guilty.”

“I want to be shown evidence!”
“I asked the Court to make sure that everything is fair,” he explained. “The three judges present [during the February 17th hearing] are considered as patriarchs of the Cambodian judicial system. I therefore ask them to follow the principles of law in their ruling. (…) I am not asking them to believe me and consider me a good person. I only want them to trust the evidence. If there are really evidence against me, I should just be killed,” he added. He also threatened to keep refusing to answer the questions of the Court “as long as it will not respect the law.”

The date of the next hearing of the Appeal Court in this case was not made public. Arrested and imprisoned in Cambodia since December 21st 2006, Heng Pov was already sentenced by the Municipal Court in six cases to various sentences for a total duration of 58 years and 9 months of prison. He is also due to be tried in relation to two attempted homicides – one against the chief of military police Sao Sokha, the other against the head of daily Koh Santepheap, Thong Uy Pang – and an abduction in 2006, a case which has not been investigated yet according to the lawyer for the former commissioner of Phnom Penh.

American Books Fit For A King

King Sihamoni of Cambodia receiving official gifts from newly appointed US Ambassador Carol Rodley.

PR Web
Press Release Newswire

" The Ambassador's actions and her gifts embody American appreciation and respect for Cambodian culture. With diplomatic empathy like this, I believe the United States can regain its reputation as a world leader known for sharing knowledge, culture and freedom. I'm honored my books were part of this event "

As President Barack Obama was sworn into office in Washington DC, another significant American ceremony took place 9,000 miles away. In the Royal Palace of Cambodia, newly appointed US Ambassador Carol Rodley presented her formal diplomatic credentials to Cambodia's King Sihamoni, accompanied by her official gifts; American books fit for a King.

Phnom Penh, Cambodia (PRWEB) February 18, 2009 --` Surrounded by crenulated walls and elaborate tropical gardens, Cambodia's Royal Palace is an exotic world onto itself. Since 1866, this has been the royal abode of this proud nation's monarchs, whose lineage stretches back to the great Khmer Empire that once ruled most of Southeast Asia.

For nearly 150 years, all important state ceremonies have taken place in the Throne Hall, called "Preah Thineang Dheva Vinnichay" in Khmer, which means the "Sacred Seat of Judgment." It was here that King Sihamoni received US Ambassador Carol Rodley, accepting her diplomatic papers and, as protocol dictates, conducting an official exchange of gifts between the two nations. Ambassador Rodley chose her American gifts quite carefully.

Years of foreign service and a true appreciation for Cambodian culture prepared Rodley for her important post. Already a Khmer speaker from an earlier Cambodian assignment in 1997-2000, Rodley began preparing for her royal ceremony weeks in advance. Her research led her to US publisher, Kent Davis, a Khmer history specialist and researcher with Devata.org.

"My books are primarily for Cambodians and academics, so I was curious when a Virginia woman sought out these specialized titles. That woman was Ambassador Rodley," said Davis.

Rodley chose two books and a DVD as official gifts to include in her ceremony: "Earth in Flower" by Dr. Paul Cravath, the most complete history of Cambodian dance ever published; "Angkor the Magnificent" by Helen Churchill Candee, an evocative account of the Khmer Empire; and a rare digital copy of a 1962 film about Cambodian dance featuring the King's sister, Princess Buppha Devi, from the US National Archives.

Weeks later in the gilded Throne Hall, the newest United States Ambassador presented her credentials to King Sihamoni in his native language and wearing a Khmer silk business suit. Presentation of her diplomatic credentials was soon followed by the uniquely American gifts of Cambodian scholarship, which delighted her royal host.

"The Ambassador's actions and her gifts embody American appreciation and respect for Cambodian culture. With diplomatic empathy like this, I believe the United States can regain its reputation as a world leader known for sharing knowledge, culture and freedom. I'm honored my books were part of this event," said Davis.

DatASIA, Inc. is a US publisher affiliated with the Independent Book Publishers Association, and Small Publishers Association of North America. The company has offices in Florida, USA and Bangkok, Thailand.

Murder of trade unionist Ros Sovannareth: Cambodian justice backtracking?

Ka-set
By Duong Sokha
19-02-2009

For the second time, the Court of Appeal of Cambodia decided on Wednesday February 18th to uphold the sentenced issued by the Municipal Court in 2005 against Thach Saveth for the premeditated murder of trade unionist Ros Sovannareth. He had been condemned to 15 years in prison following a very criticised trial. A leading member of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), Ros Sovannareth was shot by two unidentified men on a motorbike on May 7th 2004 in Phnom Penh.

Discordant confessions
Judge Oum Sarith argued that the confessions made by Thach Saveth, a 27-year-old former member of Unit 911 of the paratrooper brigade, on February 15th 2005 before the Municipal Court of Phnom Penh, and on February 11th 2009 before the Appeal Court, did not corroborate each other, hence his decision to confirm the charge. This was the only argument offered by the Court to explain its verdict.

“Thach Saveth has declared he left Anlong Veng a few days after Khmer New Year [in April 2004] with one of his friends to travel to the province of Kampong Speu, where he was due to attend the wedding of a relative. He reported spending one night in Siem Reap before arriving in Phnom Penh, and then Kampong Speu province [where the wedding was held]. He no longer has the precise dates in mind. But, before the Municipal Court [in 2005], he claimed he had not committed the crime for the simple reason that on May 7th, the day of the murder, he had only just left Anlong Veng. In summary, his confessions change or lack precision and do not corroborate the statements of the defence witnesses,” the judge of the Appeal Court explained.

An “unjust” verdict
When the sentence was announced, the defendant's mother rushed towards her son and took him in her arms. In tears, she cried, “This verdict is unjust!” Crestfallen, Thach Saveth followed to the exit the guards in charge of taking him back to prison without making any comment, while his mother walked in his steps, shouting, “My son has not done anything wrong... The real killers are still running free!”

Sam Chamroeun, one of the two lawyers for the defendant, declared that “the Court's decision [to keep his client in prison] was based on no evidence”and added that he intended to file an appeal with the Supreme Court.

After the verdict, Am Sam Ath, investigator of the human rights organisation Licadho, deplored the ruling, which he said was pronounced in spite of the inconsistency of the prosecution's evidence and the statements of witnesses claiming that Thach Saveth was not in Phnom Penh on the day of the murder.

A “sad and ironic” decision...
For Licadho, the verdict was a “step backward” after a welcomed positive development when Born Samnang and Sok Sam Oeun were released on bail on December 31st 2008 after spending nearly five years in jail for the murder of trade union leader Chea Vichea, which they claim they never committed. “Sadly, it seems that the Supreme Court's decision was the exception, not the rule, and it does not indicate any wider improvement in the independence and professionalism of Cambodia's courts,” Kek Galabru, the president of the local NGO, commented.

In a media statement released after the hearing on Wednesday, Licadho claimed there was every reason to believe that the case against Thach Saveth was fabricated, and pointed out a total lack of respect for the presumption of innocence, as the judges “placed the burden on Thach Saveth to prove his innocence.”

Other irregularities noted by the organisation include the fact that Thach Saveth was convicted on the basis of written statements, prepared by the police, from witnesses to the murder who allegedly identified him, and who never testified in court or were interviewed by any court official. Moreover, Licadho added, the witnesses could not be cross-examined by defence lawyers.

“It is sad and ironic that, even as Cambodians hope that some justice may finally be provided for the crimes of the Khmer Rouge, the country's courts fail to offer anything resembling justice to Thach Saveth and countless others on a daily basis,” Kek Galabru deplored.

Chemainus again backs Cambodian effort with fundraising show Saturday, Feb. 21

canada.com
By Lexi Bainas, The Citizen
February 18, 2009

Pianist and composer Arne Sahlen is returning to Chemainus for a short fundraising Concert for Cambodia Saturday, Feb. 21.

Ticket sales will support culturally-sensitive, post-war restoration work in Cambodia, through the Cambodia Support Group (CSG), a registered charity based in Kimberley, B.C.

Chemainus's United Church is helping to promote the event.

With him, Sahlen will bring Cambodian tenor Chanthavouth and young B.C. guitarist Dylan Matheson.

Sahlen has appeared three times before in Chemainus and his shows are well-attended.

The piano music will range from jazz and ragtime to classical. "Vouth" will offer both Broadway songs and operatic arias. There will be an opportunity to meet the performers and enjoy a cup of coffee or tea at 11 a.m., after the short concert.

As is often the case with other performers, Sahlen's visit to Chemainus comes between a concert in Victoria and one in Vancouver.

CSG assists KAVTV, a Cambodian training school for Cambodians with disabilities and/or land mine injuries. They also sponsor several young people from very poor rural families for secondary/ post-secondary education in Cambodia, in partnership with Khmer Women's Voice Centre.

Tickets for the event are $10 for adults and $5 for anyone under 16. Get them at British Allsorts or through Shelagh Armour-Godbolt at 250-246-9102 or shelaghag@shaw.ca

Tickets will also be available at the door of Chemainus United Church, after 9:30 a.m. on concert day.

Cambodia acts on a ‘stimulus package’ for its tourism industry

TravelVideo.TV

BY REINHARD HOHLER, ETN ASIA/PACIFIC FEB 18, 2009The Cambodian government and private travel companies have proposed a host of incentive measures aimed at stimulating the tourism sector at a meeting in Phnom Penh last week, the Cambodia Association of Travel Agents (CATA) said.

Ho Vandy, co-chairman of the Tourism Working Group of CATA, told local newspaper Phnom Penh Post that members of the private sector met with Cambodian Tourism Minister Thong Khon to discuss the possibility of visa exemption for tourists, possible increase in flights from Bangkok to Siem Reap, and other initiatives.

Dr. Thong Khon will present these proposals to the Ministry of Economy and Finance on Wednesday, said Ho Vandy, to assess whether the measures are financially viable. About two million tourists visit Cambodia per year with each required to pay a visa fee of at least a US$20.

Ho Vandy explained that incentive measures are urgent given the economic climate. "If the government doesn't take action ... we will face a serious problem in the tourism sector," he said.

Chavez Victory Likened to Hun Sen’s Aims

By Sok Khemara, VOA Khmer
Original report from Washington
18 February 2009

Opposition party leader Sam Rainsy sent a letter of congratulations to Venezuelan President Hugo Chavez, mocking Prime Minister Hun Sen’s apparent desire to stay in power.

Chavez won a referendum on Sunday that will allow him to run for office with no limits.

In an open letter issued Monday, Sam Rainsy thanked Chavez for winning the referendum—by 54 percent of the vote—and said the victory reminded him of Hun Sen, who has been in power since the 1980s.

“Like you, our prime minister wants to stay in power forever, or at least—he says—until he reaches the age of 90,” Sam Rainsy wrote. “He has been in power since the early 80s, and we would have to be patient with him for another 30 years. But unlike you, he doesn’t bother at all to seek to know whether his people want him to remain at the head of their country for so long, possibly for two (lost) generations.”

Cheam Yiep, a lawmaker for Hun Sen’s Camboidan People’s Party, said Monday Sam Rainsy should struggle harder to win future elections, but he was free to say what he liked in letters.

Cambodia’s next national elections will be held in 2013, and Hun Sen has openly declared he plans to run for prime minister again.

Experts Battle Disbelief in Bird Flu

By Pich Samnang, VOA Khmer
Original report from Phnom Penh
18 February 2009

As she clears tables at her mother’s Battambang restaurant, Srey Neang often hears customers discuss avian influenza. The 19-year-old thinks her customers don’t know what they’re talking about.

“I don’t believe in the existence of H5N1,” she said recently, referring to the bird flu virus by its scientific name. “It is just a rumor. I’ve seen nothing frightening, nothing to be afraid of.”

Phan Srey Neang, an 18-year-old high school student in Rattanak Mondol district, said she sees and hears bird flu spots on TV and radio almost every day, but she doesn’t think the virus has ever existed at all, let alone in a form that can be transmitted from birds to humans.

“I don’t believe in the existence of the virus, because I’ve never witnessed any person killed by the virus,” she said. “Seeing is believing.”

The views of these two Battambang women underscore the difficulties facing health authorities as they reach out to Cambodian communities in an effort to stop the spread of the disease, which health experts worry could one day lead to a human-to-human pandemic.

“There is nothing we can do to make people believe,” said Uk Vithia, head of the provincial communicable disease control office in Battambang. “What we can do is spread the information about the virus and educate them to prevent themselves from being infected.”

The H5N1 virus has killed at least 254 people worldwide since outbreaks began in 2003. Seven Cambodians have died from the disease, although the most recent case, of a Kandal province man in December, was not fatal.

Still, animal and human health experts continue to educate people on the dangers of the disease, and to some extent it is working, Uk Vithia said.

“I notice that some people now tell vendor not to add raw egg when they have a fruit shake or to cook eggs well when they have fried noodles,” he said.

Though the disease has never occurred in Battambang, Ngek Bun Chhup, director of the provincial health department, said people should not ignore it. The disease is more severe than AIDS, he said.

“Basically, among the communicable viruses, H5N1 is the quickest to break out, to transmit and to kill,” he said.

Cheam Chansophoan, director of the provincial agricultural department, said both small and large- scale poultry farmers should inform village veterinarians or local authorities if their birds die in large numbers.

“People should also never eat a bird that has died for an unknown reason, whether they believe there exists the H5N1 virus or not,” he said.

As she clears tables at her mother’s Battambang restaurant, Srey Neang often hears customers discuss avian influenza. The 19-year-old thinks her customers don’t know what they’re talking about.

“I don’t believe in the existence of H5N1,” she said recently, referring to the bird flu virus by its scientific name. “It is just a rumor. I’ve seen nothing frightening, nothing to be afraid of.”

Phan Srey Neang, an 18-year-old high school student in Rattanak Mondol district, said she sees and hears bird flu spots on TV and radio almost every day, but she doesn’t think the virus has ever existed at all, let alone in a form that can be transmitted from birds to humans.

“I don’t believe in the existence of the virus, because I’ve never witnessed any person killed by the virus,” she said. “Seeing is believing.”

The views of these two Battambang women underscore the difficulties facing health authorities as they reach out to Cambodian communities in an effort to stop the spread of the disease, which health experts worry could one day lead to a human-to-human pandemic.

“There is nothing we can do to make people believe,” said Uk Vithia, head of the provincial communicable disease control office in Battambang. “What we can do is spread the information about the virus and educate them to prevent themselves from being infected.”

The H5N1 virus has killed at least 254 people worldwide since outbreaks began in 2003. Seven Cambodians have died from the disease, although the most recent case, of a Kandal province man in December, was not fatal.

Still, animal and human health experts continue to educate people on the dangers of the disease, and to some extent it is working, Uk Vithia said.

“I notice that some people now tell vendor not to add raw egg when they have a fruit shake or to cook eggs well when they have fried noodles,” he said.

Though the disease has never occurred in Battambang, Ngek Bun Chhup, director of the provincial health department, said people should not ignore it. The disease is more severe than AIDS, he said.

“Basically, among the communicable viruses, H5N1 is the quickest to break out, to transmit and to kill,” he said.

Cheam Chansophoan, director of the provincial agricultural department, said both small and large- scale poultry farmers should inform village veterinarians or local authorities if their birds die in large numbers.

“People should also never eat a bird that has died for an unknown reason, whether they believe there exists the H5N1 virus or not,” he said.

Youth Abandoning Khmer Rouge Tribunal

By Ros Sothea, VOA Khmer
Original report from Phnom Penh
18 February 2009

Twenty-year-old Keo Sophany sat quietly in the compound of the Royal University of Phnom Penh recently, listening as her classmates discussed the Khmer Rouge tribunal.

Herself a history student, Keo Sophany had actively followed new about the tribunal, and she often thought about Cambodians who had been victims of the regime. Lately, though, her attention to the tribunal has fallen to “zero,” she said, after many delays brought no results.

“I don’t know why the trial is still the same,” she said. “I’m fed up. I usually want to listen to all kinds of stories, but for the Khmer Rouge, I’ve abandoned it. I don’t want to hear about it any more. I don’t care what people say about the Khmer Rouge. I’m not interested.”

Keo Sophany spoke on the eve of the initial hearing in the trial of Kaing Kek Iev, or Duch, which was held Tuesday, following many delays in a tribunal process that began in 2006—and even then after a decade of negotiations.

Keo Sophany is not alone among people her age.

“We were not victims of the Khmer Rogue regime, so it seems to me that I’m not interested in that tribunal, and I have never researched any information on it,” said Horm Sothun, an information technology student from Stung Treng province.

“I don’t have a deep understanding of the Khmer Rouge trials,” said Chan Sothea, a young employee at a company. “I want them to explain to us, to make us have more understanding.”

A recent survey conducted by researched at the University of California Berkeley found that the young generation has little information on the UN-Cambodian tribunal, which is attempting to try five former leaders of the regime for atrocity crimes.

The survey found that 80 percent of people not born under the Khmer Rouge know little or nothing about the regime.

Youk Chhang, director of the Documentation Center of Cambodia, which has spent many years researching the Khmer Rouge, takes issue with the survey.

While they may not know about the tribunal specifically, Cambodian youths know about the regime through their families, he said. Still, the tribunal was supposed to be for the young, he said.

“Why did we open the court?” he asked recently. “It is for the youth. The youth’s participation is the most important thing. When the youth stop following the information, it means we have lost an opportunity to sharpen their intelligence. So the court should worry about that, because they will lose support.”

Helen Jarvis, head of public affairs for the tribunal, said the office would continue to spread information about the tribunal to the young. It had already made many programs for various radio stations, as well as issuing thousands of leaflets, she said.

Love, 'rape' and the Cambodian bride

gloucestertimes.com
After nine months in jail, city man cleared of all charges

By Patrick Anderson
Staff Writer

From the day he was handed her photograph at work until he married her a year later in a traditional Cambodian ceremony, Michael Curcuru acted like a man in love.

Through hundreds of international telephone calls and thousands of dollars spent on airfare, legal work and immigration fees, Curcuru worked to bring his 20-year-old bride from Southeast Asia back to Gloucester.

But shortly after she arrived at Logan Airport in July 2007, Curcuru's plans and the promises of his bride's friends and family quickly unraveled.

A few weeks later, she had taken up residence at a house in Lynn and refused to see him. In a month, Curcuru was hit with a restraining order. On Sept. 24 he was arrested by Gloucester Police and charged with rape.

"She was my wife — I fell in love with her," Curcuru said in an interview yesterday. "The money didn't matter. She said she loved me, too."

Now, an Essex County jury has cleared Curcuru, 37, of all charges connected with his wife's complaint, including allegations of kidnapping and indecent sexual assault in addition to rape.

After nine months in jail, the loss of his job and home, Curcuru said yesterday he was trying to "get his life back" and start over.

The unusual circumstances leading up to Curcuru's marriage began while he was working at a Gloucester medical supplier in the summer of 2005 and his boss's wife handed him a photo of a 20-year-old woman and asked him if he would like to meet her, he said. The photo, the boss's wife said, had come from a friend of hers.

Within weeks, Curcuru was speaking on the phone with the woman in the photograph "every day," he said, and already discussing love and marriage.

In July 2006, he flew to Cambodia and met the woman for the first time. During the 10-day visit, the couple was married.

But it would be another year before Curcuru could get his wife to America. In the interim, he said yesterday, he estimates he spent more than $10,000 making the arrangements necessary to get her into the country. That money included paying $2,500 to a Cambodian woman in Lynn who had originally given his boss's wife the photograph.

When he went to Logan Airport to pick up his wife, the same woman from Lynn was also there, and instead of coming with him to Gloucester, his bride went with her instead.

Prosecutors' account of the story picks up two days later, when she did accompany him to Gloucester — where, she told investigators, he forced her to have sex with him.

After returning to Lynn for two days, the wife came back to Gloucester and, according to the police report, told investigators she was raped again.

She returned to Lynn and contacted representatives of the Asian Task Force Against Domestic Violence in Boston, who took her statement and later called Gloucester detectives.

Curcuru said yesterday said he did have sex with the woman July 19, 2007, but denied forcing her to do anything against her will.

He noted that she had not made any complaints against him as of that July 25, when she had spent the day with his mother and relatives, or that July 27, when the couple went to Lynn City Hall for a marriage application. Despite the ceremony in Cambodia, Curcuru said he was looking to formalize the union in this country before beginning the process of getting his wife a green card or citizenship.

He said they had talked about starting a family and she had said she wanted to become a hairdresser.

After the marriage application trip, Curcuru said his bride "disappeared" and he didn't see her again until Aug. 24, 2007, at a hearing on his restraining order.

Curcuru's lawyer, Carmine Lepore of Revere, said the rape case had hinged on the alleged victim's testimony, its inconsistencies and believability.

"It came down to the credibility of the witnesses," Lepore said. "The other thing the jury struggled with were the circumstances of their relationship and her coming to America."

A video of the marriage entered into evidence that showed a reluctant bride with little affection for the groom also contributed to the jury's unease, Lepore said.

Curcuru said he now thinks the entire chain of events, from the distributing of the photograph to the contacts in Lynn, had simply been part of an effort to find a way to the United States.

"Every time she told her story, it changed," Curcuru said. "She hoodwinked me. It was all a scam to get into this country."

Patrick Anderson can be reached at panderson@gloucestertimes.com

ADB to open workshop on managing involuntary resettlement in Cambodia

www.chinaview.cn
2009-02-18

PHNOM PENH, Feb. 18 (Xinhua) -- The Asian Development Bank (ADB) will convene a regional workshop on managing involuntary resettlement in East Asia and the Greater Mekong Sub-region (GMS) countries, said an ADB press release on Wednesday.

"The workshop will focus on sharing examples of good practice in resettlement management in the region, and also field visits to project sites," it said.

Arjun Goswami, Country Director of ADB's Cambodia Resident Mission, and Chhorn Sopheap, Director of the Resettlement Department of the Cambodian Ministry of Economy and Finance (MEF) will attend the opening session.

ADB consultants Mohammad Zaman and Aqueel Khan will conduct the workshop, which will be held from Feb. 23 to 27.

Participants include project staff, consultants, non-governmental organizations, and affected communities.

"Development projects are a critical component of any effort to alleviate poverty and promote economic growth, but they also tend to affect and displace people, especially the poor," said the release.

"Good resettlement planning and management is therefore vital in addressing the adverse effects of involuntary resettlement, and can, if done properly, open up new opportunities to improve incomes and living conditions of those affected," it added.

Editor: Xiong Tong

Duch trial dispute over use of grim video

smh.com.au
The Sydney Morning Herald

Suy Se in Phnom Penh
February 19, 2009

LAWYERS at the trial of the Khmer Rouge's chief torturer argued over the use of a film showing the liberation of the prison where he allegedly oversaw the deaths of 15,000 Cambodians.

Cambodia's UN-backed genocide tribunal launched an initial hearing in the trial of Kaing Guek Eav, better known as Duch, on Tuesday. It wrapped up yesterday and full hearings are expected to start next month.

Prosecutors told the court they wanted to introduce as evidence a film shot by Vietnamese forces showing conditions at the prison two days after they helped to drive the Khmer Rouge regime out of Phnom Penh on January 7, 1979.

"It is an absolute must for this trial chamber to have all available evidence," said co-prosecutor Robert Petit, adding that they wanted to call the cameraman and other witnesses related to the video.

However a defence lawyer, Kar Savuth, questioned the authenticity of the evidence, and argued it should be considered a Vietnamese propaganda film. "We the defence regard this video footage as having political motivation in nature to disguise the truth of the nature of the event," he said.

The video shows scenes of horror inside the abandoned prison, which was a former high school, including several bloated corpses strapped to iron bed frames where they were apparently tortured and then died.

It also shows five children who survived the retreat of the Khmer Rouge from the jail by hiding in a pile of washing.

Duch, a former maths teacher now aged 66, could be seen listening impassively to the arguments through headphones on the second day of the trial's initial hearing.

Lawyers also presented lists of witnesses, before the chief judge Nil Nonn announced the end of the initial hearing after just a day and a half.

He did not say when the trial would reopen, but a court spokeswoman, Helen Jarvis, said that substantive hearings with witness testimony was likely to begin in "late March".

Agence France-Presse

Former Khmer Rouge chief under spotlight



SBS World News Australia 18/02/09
A former Khmer Rouge prison chief that allegedly tortured thousands of men and women has gone on trial on Phnom Penh.

MaximsNews Network TV: CAMBODIA - KHMER ROUGE GENOCIDE TRIBUNAL



CAMBODIA KHMER ROUGE , The first trial of a Khmer Rouge official gets underway at a United Nations backed tribunal.

Cambodia's KRouge trial debates atrocity film

smh.com.au
Suy Se
February 18, 2009

Lawyers at the trial of the Khmer Rouge's chief torturer argued Wednesday over the use of a film showing the liberation of the prison where he allegedly oversaw the deaths of 15,000 Cambodians.

Cambodia's UN-backed genocide tribunal launched an initial hearing in the trial of Kaing Guek Eav, better known by the alias Duch, on Tuesday. It wrapped up on Wednesday and full hearings are expected to start next month.

Prosecutors told the court they wanted to introduce as evidence a film shot by Vietnamese forces showing conditions at the prison two days after they helped to drive the Khmer Rouge regime out of Phnom Penh on January 7, 1979.

"It is an absolute must for this trial chamber to have all available evidence," said co-prosecutor Robert Petit, adding that they wanted to call the cameraman and other witnesses related to the video.

However co-defence lawyer Kar Savuth questioned the authenticity of the evidence, and argued it should be considered a Vietnamese propaganda film.

"We the defence regard this video footage as having political motivation in nature to disguise the truth of the nature of the event," he said.

The video shows scenes of horror inside the abandoned prison, which was a former high school, including several bloated corpses strapped to iron bedframes where they were apparently tortured.

It also shows five children who survived the retreat of the Khmer Rouge from the jail by hiding in a pile of washing.

Duch, a former maths teacher now aged 66, could be seen listening impassively to the arguments through headphones on the second day of the 's initial hearing, which is dealing with procedural and legal matters.

Lawyers also presented lists of witnesses, before the chief judge Nil Nonn announced the end of the initial hearing after just a day and a half.

He did not say when the trial would reopen, but court spokeswoman Helen Jarvis said substantive hearings with witness testimony would likely begin in "late March".

"There's greater understanding of how the trial will unfold and what the objectives of various parties are," Jarvis told reporters at the court.

is charged with crimes against humanity, war crimes, torture and premeditated murder, and faces a life sentence. The tribunal cannot impose the death penalty.

He has taken responsibility for his iron-fisted rule at which was used as a mass torture centre to extract confessions from alleged traitors that they were spies for the CIA, KGB and other foreign powers.

Only a handful of the estimated 15,000 men, women and children sent to the prison are known to have survived. Most were executed and buried in mass graves at the so-called "Killing Fields" in Choeung Ek near the capital.

He has previously expressed regret for his crimes but has said that he was acting under orders from leaders of the 1975-1979 communist Khmer Rouge.

Led by "Brother Number One" Pol Pot, the Khmer Rouge rose to power as a tragic spinoff from the US conflict in Vietnam, emptying Cambodia's cities to take society back to a rural "Year Zero."

Up to two million people were executed or died of starvation and overwork under the movement. The Khmer Rouge were ousted by Vietnamese-backed forces in January 1979. Pol Pot died in 1998.

The Khmer Rouge genocide tribunal was established in 2006 after nearly a decade of wrangling between Cambodia and the United Nations, and has been further delayed by legal arguments and bail hearings.

The government of Cambodian premier Hun Sen, himself a former Khmer Rouge fighter, has been accused of trying to protect the regime's ex-cadres from justice.

Wednesday, 18 February 2009

High school students plan trip to Cambodia

2009-02-18

By RENATO GANDIA, SUN MEDIA

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Ali Johns and Niki Leung want to know more about the horrible effects of communist rule in Cambodia that created the infamous killing fields in Southeast Asia.

The Rundle College senior high school students and 18 others aren't satisfied learning from books and second-hand accounts about the effects of the country's violent past.

Next month, they are going to see how Cambodians have recovered from the rule of the Khmer Rouge, a communist guerilla group, in the mid-1970s.

"We're hoping to come back with more knowledge about a different country and culture," said Leung.

Johns said her group has been meeting for eight months and has been studying Cambodia's culture and history.

Teacher Sarah Dunsford initiated the trip after she was inspired by a talk about a project called Room to Read Cambodia and another NGO that provides humanitarian aid to the Asian country.

Every year, the school organizes an international trip for its Grade 11 students and Dunsford thought Cambodia is an apt choice for this year.

She hopes everyone who goes on the two-week trip learns to appreciate more the things they take for granted.

The students are raising money to support three NGOs: The Cambodian Children's Fund, Resource Development International and Room to Read Cambodia.

Cambodian official: ASEAN Charter opens new era

www.chinaview.cn
2009-02-18

PHNOM PENH, Feb. 18 (Xinhua) -- Ahead of the upcoming ASEAN (the Association of Southeast Asian Nations) summit in late February, a Cambodian senior official has highlighted the importance of the ASEAN Charter, saying it opens a new era for ASEAN itself.

The Charter is important because it is designed for the first time to set common goal of ASEAN on how to play its profile, how to tackle problems in the framework as a legal binding, Kao Kim Hourn, Secretary of State for the Ministry of Foreign Affairs and International Cooperation, told Xinhua in a recent interview.

"It is also a good timing to do emphasis on the start of implementation despite the fact that the Charter was already adopted and ratified by all member states," he said.

Meanwhile, he said that ASEAN leaders will discuss how to tackle the global financial crisis during the summit.

"ASEAN needs to go forwards, and it needs good cooperation and unity of all member states while facing the global financial crisis," he said.

"Each ASEAN member state has its own policy on how to respond or curb with the current financial crisis, but since the crisis may impact one after another, it is a good forum that the ASEAN leaders get together plus its dialogue partners to discuss on the matter," he added.

Thailand is scheduled to host the 14th ASEAN summit from Feb. 27 to March 1.

Editor: Xiong Tong

Former Khmer Rouge Senior Leader Warns that Instability Might Happen During Duch’s Hearing Today - Tuesday 17.2.2009

Posted on 18 February 2009
The Mirror, Vol. 13, No. 600

“On 17 February 2009, the Extraordinary Chambers in the Courts of Cambodia – ECCC – will hold a hearing for the cruel former Tuol Sleng Prison chief, Kaing Gek Eav, called Duch, who is responsible for the death of 16,000 people.

“Ahead of this hearing, a former senior Khmer Rouge military commander, Meas Mut, known as a son-in-law of the deceased [former Khmer Rouge military leader “the butcher”] Ta Mok, claimed that to call additional people to the court will lead to instability in Cambodia. However, some observers said that Prime Minister Hun Sen, head of the current government created by a package vote, will not let political instability to happen because of hearings of former senior Khmer Rouge leaders.

“Recently, the former chief of the Division 164 of the Khmer Rouge, Meas Mut, said that he used to control 20,000 troops of the Division 164 as well as 50,000 women and children at the Southwest Region. Meas Mut said late last week that he knew nothing about planned investigations of additional suspects besides the five people already detained in the special detention center of the tribunal, waiting for hearings over crimes against humanity and war crimes.

“Nevertheless, when asked about possible hearings of additional former Khmer Rouge leaders, Meas Mut said that “it will make Cambodia fall into instability again.” But Meas Mut did not give any details of how instability might occur. This retired military advisor said that he would appear at the Khmer Rouge Tribunal if he is accused. Meas Mut, who lives in Samlot in Battambang, seemed not worried about accusation by the Khmer Rouge Tribunal.

“It should be noted that in a book published in 2001 with the title “Seven Candidates for Prosecution,” written by Stephen Heder and Brian Tittemore, Meas Mut is considered to be an important suspect for the tribunal’s investigations, because there is evidence that Meas Mut sent some of his troops to the atrocious S-21 detention center in Phnom Penh during a time of internal purges in the Cambodian Communist Party. But Meas Mut denied two weeks ago that any of his troops were sent to the S-21 detention center, and he said there were no deaths of starvation and of diseases, while historians claim that it led to the deaths of more than 2 million people during the Khmer Rouge regime.

“Reacting to what Meas Mut said above, Khmer citizens living in Samlot, the last basis of Khmer Rouge forces, said that the arrest of Meas Mut will not cause instability to the nation. Some agree with this claim, because at present the leadership structure of the Khmer Rouge no longer exists. Therefore, they cannot gather forces to create social instability or to struggle in the forest as before.

“Besides warning about political instability, the former senior Khmer Rouge military commander Meas Mut said that he was ready to testify to the tribunal, and that he will not flee form prosecution. Ta Mok’s son-in-law pointed out, ‘I have nowhere to hide myself besides my home.’ Regarding the above problem, observers of the Khmer Rouge Tribunal’s process criticized Meas Mut’s claims as not worth for general consideration.

“Officials of the Khmer Rouge Tribunal said that the first hearing of the former Tuol Sleng prison chief Kaing Gek Eav, called Duch, will happen on 17 February 2009 without further delay. But what is of concern is that the ECCC allows very few witnesses to attend that hearing, even though there are hundreds of people who applied to be civil plaintiffs. This makes those who filed to be civil plaintiffs disappointed, and they have little trust in Duch’s hearing.

“Non-government organizations that observe the process of the Khmer Rouge Tribunal said that few witnesses take part to put burden on the accused. This is not very good, because it might affect the seriousness of the punishment of the accused perpetrator. Therefore, the ECCC should allow many witnesses to attend the hearing on 17 February 2009, event though the ECCC does not allow all of them to question the accused. Important witnesses of Duch’s hearing are people such as former prisoners of the Tuol Sleng Prison, [the painter] Mr. Van Nath and Mr. Chum Mei, and they should be permitted to question Duch about crimes of killing people that he committed.

“Independent observers said that the first hearing of Duch on 17 February 2009 is a crucial step towards the hearings of the four other accused in the special detention center of the tribunal. The next person to be heard is expected to be the former president of the national assembly and Brother Number 2 of the killing field regime, Nuon Chea. Thus, if Duch’s hearing proceeds smoothly, hearings of other Khmer Rouge leaders might also continue smoothly without any obstacles. This is a problem that the United Nations and the Cambodian government should consider in order to help that the hearing of Kaing Gek Eav, called Duch, goes smoothly, so that the national and international opinions trust the Khmer Rouge Tribunal, plagued by a strong burden of corruption [allegations] again."

Moneaksekar Khmer, Vol.16, #3689, 17.2.2009
Newspapers Appearing on the Newsstand:
Tuesday, 17 February 2009

Trial and error in Cambodia

Asia Times Online

By Craig Guthrie
Feb 19, 2009

PHNOM PENH - Kaing Guek Eav, once the chief of Cambodia's Toul Sleng detention and torture center, was the first to face trial at the United Nations-sponsored Khmer Rouge Tribunal (KRT). With his headphones, glasses and computer screen in front of him, he seemed at Tuesday's procedural hearing more a graying professor than the torturer-in-chief of the Khmer Rouge's murderous regime.

Concerns are rising that this cadre will be the solitary figure to take the fall for the killing spree unleashed by the radical Maoist regime, which from 1975-79 presided over the deaths of an estimated 1.7 million Cambodians. Better known as Duch, Kaing Guek Eav is the only defendant among the five accused to have confessed to crimes against humanity, war crimes, torture and premeditated murder.

A swift end to the trial would presumably suit Prime Minister Hun Sen, who brought several former Khmer Rouge cadres into his government, and certain influential international donors, including China, who throughout the 1980s provided material support to the murderous regime.

With the thousands of documents meticulously recording the atrocities committed under Duch at Toul Sleng, which he left behind after fleeing Vietnamese forces that entered the capital in 1979, his conviction is expected to be less legally complicated than his higher-ranking fellow Khmer Rouge detainees.

The regime's surviving leaders now held at the KRT's detention facility - including former head of state Khieu Samphan, chief ideologue Noun Chea, former foreign minister Ieng Sary, and former social affairs minister Ieng Thirith - are all over 70 years old. "If the hearings are limited to Duch ... from being a charade, the tribunal will have descended into farce," Philip Short, the author of Pol Pot: Anatomy of a Nightmare told Asia Times Online.

Although more than 1,000 spectators, including journalists and film crews from around the world, have descended onto the court's buildings on the outskirts of Phnom Penh, the trial is still in the procedural stage and proper hearings are not scheduled to begin until March.

Duch is no doubt a significant Khmer Rouge figure, but the casualties he oversaw at the Toul Sleng detention center, also known as S-21, account for less than 1% of the total deaths perpetuated by the regime. Duch was not a policymaker, but more a ruthless cadre who carried out orders from above - albeit with enthusiasm, according to Short. He once wrote on a prisoner list: "Kill them all, 30 May 1978." On another, containing the names of 29 prisoners, he wrote "Interrogate four persons, kill the rest."

The KRT investigation team's closing document on Duch, which was released in August 2008, revealed that 160 children were once executed in a single day at S-21 and that prisoners were subjected to medical experiments such as live autopsies and blood letting. One alleged method of killing, according to the closing order, involved dropping children from the roof of the detention center in order to break their necks.

Duch is believed to have fled to the Khmer Rouge's remaining strongholds on the Thai border after 1979, where top leaders were apparently angered at his failure to destroy the evidence left behind at S-21. Despite his public notoriety, questions about Duch's whereabouts were not resolved until British journalist Nic Dunlop discovered him working as a Christian aid worker in 1999.

It has been a tortuous, three-decade long road for the KRT to reach even these initial stages. Contradictions and arguments on the trial between the UN, the Cambodian government and outside legal observers have plagued the trial since its inception. Some have already characterized the proceedings as farce, while others contend any sense of justice would go a long way towards healing Cambodian society.

Some hope guilty verdicts will bring an end to Cambodia's notorious culture of impunity. Several international human rights organizations have over the last decade accused high-level Cambodian officials of involvement in everything from the child-sex and illegal logging trades to land-grabbing and political murders. The allegations have universally gone uninvestigated.

"The culture of impunity we see throughout Cambodia today is rooted in the irrefutable belief among its people that no crime is so great that it must be punished, and that whatever any Cambodian does is fine because it cannot possibly be worse than what the Khmer Rouge did," said Joseph Mussomeli, former US ambassador to Cambodia and a vocal supporter of the tribunal, in 2006.

Not all agree, however. Brad Adams, Asia director of Human Rights Watch, a US-based rights lobby, said that the trial has no chance of ending impunity in Cambodia. "After the trial there will still be too many killers on the loose and too many unanswered questions about what happened, who did it, and why ... There is no way for this limited number of trials to heal society," Adams said.

The murky nature of the Cambodian judicial system and its known links to Hun Sen has already left many questions hanging over the trial's credibility. Duch himself spent more than nine years detained without charge in a military prison before being transferred to the tribunal's detention facilities. Francois Roux, Duch's defense lawyer, has called this period of pre-trial detention "unacceptable".

Earlier government negotiations with the UN over the terms and structure of the trial ended with the world body finally agreeing that the court would be "hybrid", with decisions taken by both international and Cambodian judges. The bench's mixed nature has raised fears of both possible government interference and corruption in the legal process.

Given the charges leveled by the Open Society Justice Initiative, a non-governmental organization, that some Cambodian KRT staff were asked by top officials to pay part of their salaries to ensure their positions, these fears have to some been borne out.

Concerns also remain surrounding the capabilities and political independence of the Cambodian judges. Those were the arguments made by the US and European Union for withholding funding from the tribunal. According to local press reports, earlier this month the German government announced it was freezing funding until "corruption allegations are cleared up".

Complicit arbiter
Less critical focus has been given to the UN's credibility to oversee the trial. The UN gave the Khmer Rouge a seat on its General Assembly for 15 years after the regime's fall to Vietnamese forces in 1979. In that time, it also supported a Western-led trade embargo which stopped vital aid from moving into Cambodia and dealt a serious blow to the nation's economic development.

Observers have also questioned the US's role. Under former US president Ronald Reagan, financial and humanitarian assistance from the US to the Khmer Rouge grew. According to a 1998 edition of the US magazine Covert Action Quarterly, aid from the US’s Central Intelligence Agency and the government reached US$85 million by the end of the 1980s.

With the US still irked by its loss to communist forces in Vietnam, and China worried about Vietnamese expansionism in Southeast Asia, the two sides formed a bloc against Hanoi and the regime it installed in Phnom Penh. Khmer Rouge defectors told Australian journalist John Pilger that in the 1980s they were trained in Malaysia by British and American military advisors.

In the same Pilger report, an anonymous United Kingdom Ministry of Defense official told the Daily Telegraph at the time that Cambodia was "a classic Reagan and [former UK prime minister Margaret] Thatcher operation". Britain's Foreign Office's official response at the time was: "Britain does not give military aid in any form to the Cambodian factions".

Thatcher, wrote to the opposition leader Neil Kinnock: "I confirm that there is no British government involvement of any kind in training, equipping or cooperating with Khmer Rouge forces or those allied to them." Then on June 25, 1991, after two years of denials, the UK government admitted that the Special Air Service (SAS) had secretly trained the "resistance" since 1983. A report written by Rae McGrath, who later went on to share the Nobel Peace Prize for a campaign against landmines, filled in the details: the SAS had taught "the use of improvised explosive devices, booby traps and the manufacture and use of time-delay devices".

With some 15% of the population now affected by mines, according to 2007 Asia Development Bank figures, Cambodia remains one the most disabled nations in the world. Today, a visit to any of Cambodia's tourist areas quickly reveals the sheer magnitude of the effect that landmines, laid with Western and Chinese assistance, have had since the Khmer Rouge's fall.

China, as well as Singapore, gave covert military support to Pol Pot's jungle-based anti-government movement in the form of anti-tank weapons, mines and rifles in the years that followed the fall of the Khmer Rouge government in Phnom Penh. Meanwhile, the US, UK and neighboring Southeast Asian nations openly helped the insurgents diplomatically and with food aid.

Singapore's former prime minister Lee Kuan Yew said in his memoirs that as much as US$1.3 billion was spent by China, the US, Singapore, Malaysia and Thailand in support of the Khmer Rouge and other Cambodian rebels fighting the Vietnamese and allied government forces. American, Singaporean, Malaysian and Thai officials held regular meetings in Bangkok to coordinate the Cambodian aid program, Lee wrote in From Third World to First: The Singapore Story 1965-2000.

He said the Singapore representative "estimated that the United States dispensed a total of about $150 million in covert and overt aid to the non-communist groups, Singapore $55 million, Malaysia $10 million and Thailand a few million in training, ammunition, food and operational funds".

China has in the past lobbied against the KRT and even threatened in 1999 to use its veto power at the UN Security Council to block its establishment. China is now a large aid donor to Cambodia, with pledges of $1 billion in loans in 2008 for vast infrastructure projects, and has cultivated close ties to the Hun Sen government.

The absence of substantial US funding - it gave a meager $1.8 million 2008 - is also notable considering KRT representatives say they have received $100 million and need $143 million in total to run the tribunal. Some charge that the US's carpet bombing of Cambodia during the Vietnam War era effectively created the Khmer Rouge by giving the once-marginal movement credibility among the shell-shocked population.

Researchers Ben Kiernan and Owen Taylor found in 2005 that the bombing of rural Cambodia was five times the reported level, or more than the total allied bombing in World War II. They concluded that the bombing "drove an enraged populace into the arms of an insurgency that had relatively little support until the bombing began".

"The question of whether the US should be facing charges of creating the Khmer Rouge depends on whether we accept the standards of Nuremberg, when US Chief Prosecutor Justice Robert Jackson said 'we are handing the defendants a poisoned chalice'," foreign policy observer Noam Chomsky told Asia Times Online by e-mail. "If we sip from it, we must pay the same price; otherwise the tribunal is a farce. Independent of consequences, the bombing of Cambodia surely ranks with the crimes of many of those accused at Nuremberg."

Although only the start of the legal wrangling to come, the morning of Tuesday's hearing was spent arguing over the right of a Toul Sleng victim's husband to represent his wife after her death. Some might say it is sad and symbolic that the tribunal's first task should be to decide the fate of yet another Cambodian for whom justice has arrived too late.

Craig Guthrie is a correspondent for Asia Times Online based in Thailand. He has covered Cambodian affairs since 2004.

Cambodia: Khmer Rouge Tribunal Ends Pretrial Proceedings

MySinchew
2009-02-18

PHNOM PENH, CAMBODIA: A long-delayed Khmer Rouge genocide tribunal wrapped up its opening session Wednesday (18 Feb) with judges saying they still need to finalize a list of witnesses before announcing when a full trial of the former head of the regime's notorious torture center will begin.

Kaing Guek Eav _ better known as Duch _ is charged with crimes against humanity. He is the first of five defendants from the close-knit, ultra-communist regime that ruled Cambodia in the 1970s and turned it into a vast slave labor camp in which an estimated 1.7 million people perished.

Three decades after the fall of the Khmer Rouge, the U.N.-assisted tribunal began a procedural session Tuesday (17 Feb) to lay the groundwork for a full trial expected in March. The precise date has not been set and details still need to be ironed out, including who will testify.

Judge Silvia Cartwright, a former New Zealand High Court judge, told the court that the tribunal's five judges met Wednesday in private to pare down the lists of proposed witnesses to "consider whether the testimony would be redundant or repetitious."

She said judges had agreed on about 30 of the witnesses proposed by lawyers for the prosecution, defense and civil parties. They dropped a handful of witnesses and postponed a decision on about 20 others. She did not say when a decision would be made.

Among those who are to be summoned to testify are British journalist Nic Dunlop, who discovered Duch in northwestern Cambodia in 1999. An American scholar, David Chandler, the author of several books on Cambodia, will also be asked to testify, the court said.

Duch oversaw the S-21 prison in Phnom Penh _ previously a school, now the Tuol Sleng genocide museum _ where some 16,000 men, women and children were detained and tortured. Only a handful survived.

Duch, 66, is the only defendant who has expressed remorse for his actions. He is accused of committing or abetting a range of crimes including murder, torture and rape. He did not address the court Tuesday but through his lawyer he again voiced regret.

After the fall of the Khmer Rouge, Duch disappeared for two decades, living under two other names and converting to Christianity before he was located by Dunlop, the British journalist.

Judges also still need to decide whether to admit as evidence a short film shot by Vietnamese soldiers when they entered Tuol Sleng prison in Jan 1979 after toppling the Khmer Rouge.
The film, which shows decapitated bodies and previously unknown child survivors, was only released by Vietnam in Dec.

Co-prosecutor Chea Leang said the film provided "crucial" new facts and urged judges to admit it as evidence.

One of Duch's defense lawyers, Car Savuth, argued that the film was manufactured by the Vietnamese. He said orders had been given to kill all prisoners so there could not have been child survivors when the Vietnamese arrived.

"There were no children at S-21 _ they were all executed," Duch's lawyer said, arguing that the film was "politically motivated to disguise the truth."

Duch's trial began 13 years after the tribunal was first proposed and nearly three years after the court was inaugurated.

The tribunal, which incorporates mixed teams of foreign and Cambodian judges, prosecutors and defenders, has drawn sharp criticism. Its snail-paced proceedings have been plagued by political interference from the Cambodian government as well as allegations of bias and corruption.

Others facing trial are Khieu Samphan, the group's former head of state; Ieng Sary, its foreign minister; his wife Ieng Thirith, who was minister for social affairs; and Nuon Chea, the movement's chief ideologue.

All four have denied committing crimes.

(By SOPHENG CHEANG/ AP)

Cambodia's KRouge trial enters second day

Former Khmer Rouge prison commander, 66-year-old Duch, whose real name is Kaing Guek Eav, at the opening of his trial before the Extraordinary Chamber in the Courts of Cambodia in Phnom Penhl. The court debated lists of witnesses to Khmer Rouge atrocities Wednesday during the second day of proceedings against the 1970s regime's torture chief.(AFP/Pool/Adrees Latif)

Wed Feb 18

PHNOM PENH (AFP) – Cambodia's UN-backed war crimes court debated lists of witnesses to Khmer Rouge atrocities Wednesday during the second day of proceedings against the 1970s regime's torture chief.

Kaing Guek Eav, better known by the alias Duch, could be seen leaning back in his courtroom chair as lawyers presented lists and filed applications to give new evidence in his trial for crimes against humanity.

"There's greater understanding of how the trial will unfold and what are the objectives of various parties," tribunal spokeswoman Helen Jarvis told reporters at the court.

The court formally opened Duch's trial on Tuesday and is holding an initial procedural hearing lasting two to three days.

Jarvis estimated that substantive hearings with witness testimony would begin in late March.

Duch has taken responsibility for his iron-fisted rule at the notorious in Phnom Penh, where he is accused of presiding over the deaths of 15,000 men, women and children.

is charged with crimes against humanity, war crimes, torture and premeditated murder and faces a life sentence. The tribunal cannot impose the death penalty.

He has previously expressed regret for his crimes but has said that he was acting under orders from leaders of the 1975-1979 communist Khmer Rouge.

Led by "Brother Number One" Pol Pot, the Khmer Rouge rose to power as a tragic spinoff from the US conflict in Vietnam, emptying Cambodia's cities to take society back to a rural "Year Zero."

Up to two million people were executed or died of starvation and overwork under the movement. The Khmer Rouge were ousted by Vietnamese-backed forces in January 1979 while Pol Pot died in 1998.

has been delayed by legal arguments and bail hearings, and has faced controversy over allegations of political interference by the government over the prosecution of further suspects.

The government of Cambodian premier Hun Sen, himself a former Khmer Rouge fighter, has been accused of trying to protect former the regime's ex-cadres from justice.

Cambodians finally witness start of Khmer Rouge trial

Adrees Latif
Kaing Guek Eav (L), also known as Duch, awaits the start of his trial on the outskirts of Phnom Penh, Cambodia February 17. Duch, the ex-commandant of the notorious S-21 prison and chief Khmer Rouge ...


National Post
Peter Goodspeed
Published: Tuesday, February 17, 2009

Decades of war, mass murder, famine, terror and grinding poverty have left a legacy of pain but little justice in Cambodia. But on Tuesday, Cambodians finally witnessed the start of the first-ever trial of a senior Khmer Rouge leader involved in murdering 1.5 million people.

Kaing Guek Eav, 66, known as "Duch" when he supervised the Tuol Sleng torture centre, appeared before a United Nations-assisted court in an old army barracks on the outskirts of Phnom Penh, charged with crimes against humanity in 1975-79.

The former high school math teacher is the first of five Khmer Rouge defendants scheduled to go on trial a full 30 years after their alleged crimes and 13 years after the international community began to press Cambodia to bring the perpetrators of one of history's worst cases of genocide to account.

But while dozens of Khmer Rouge victims were among the hundreds of people who stood in line to get seats, there is little indication they will obtain justice anytime soon.

Tuesday's hearing merely established a schedule for Duch's trial, which is expected to begin in earnest in late March when prosecutors for the Extraordinary Chambers of the Courts of Cambodia plan to produce 33 witnesses over 40 days.

No one doubts the horror of "Pol Pot Time," when a fanatical agrarian communist revolution based on Mao Zedong's Cultural Revolution emptied Cambodia's cities, tried to destroy its culture and tortured, starved, executed and worked 1.5 million people -- 20% of the population -- to death.

Although Pol Pot and the Khmer Rouge lasted only three years, eight months and 20 days, the pace of international justice has been much, much slower.

Duch, a recent convert to Christianity, has expressed remorse for his actions but insists he was acting "under orders" when he supervised the torture and deaths of nearly 20,000 prisoners.

No dates have been set yet for the trials of the other Khmer Rouge leaders -- Khieu Samphan, former head of state; Ieng Sary, the foreign minister; his wife, Ieng Thirith, minister for social affairs; and Nuon Chea, "Brother No. 2," the Khmer Rouge's chief ideologue and senior surviving member.

Pol Pot cheated justice by dying in April, 1998.

The cause was reportedly a heart attack, but rumours persist he was allowed to commit suicide to avoid being tried.

Since then, attempts to prosecute the Khmer Rouge have been plagued by political interference, allegations of corruption and lack of funding, along with bickering between Cambodian and international lawyers.

Originally the United Nations asked the Cambodian government to arrest and try up to 30 top Khmer Rouge leaders before an international tribunal.

But Hun Sen, Cambodia's Prime Minister, is a former Khmer Rouge commander who only broke with the group when he was about to be swallowed by its genocide. He has regularly dismissed calls for an international tribunal, saying prosecutions might plunge the country into civil war.

A decade of tortuous negotiations finally led, three years ago, to the establishment of a hybrid court with 17 Cambodian and 12 international judges.

One of the problems in collecting evidence was the ruthless efficiency of the Khmer Rouge killing machine.

Anyone with an education was targeted for death. Simply wearing eye-glasses or speaking a foreign language was a cause for execution.

Most Cambodians were made to work 20 hours a day in rural concentration camps and received only a handful of rice daily. Doctors, lawyers and intellectuals were earmarked for elimination. Many of them died in Tuol Sleng, a converted high school compound in a poor residential district in southern Phnom Penh.

Originally known as Tuol Svay Prey, it was taken over in 1976 and turned into a prison. Renamed Tuol Sleng (Hill of the Poison Tree), it became the Khmer Rouge's central interrogation and torture centre, with inmates being tortured and executed in the former classrooms.

There was nothing sophisticated about the Khmer Rouge. They usually beat their victims to death with clubs, hooks, sharpened farm implements and whips made from coiled electrical wire.

Today, Tuol Sleng is a macabre museum to their cruelty, with the walls of some classrooms decorated with photographs of the thousands of people who died there.

The black and white pictures were taken just moments before their execution and show faces filled with terror and hopelessness.

More than 5,000 of them have no names, mainly because no one who knew the victims was left alive to identify them.

The international community set aside US$170-million over five years to conduct the genocide prosecutions, but the Cambodian government is still doing everything it can to restrict the scope of the trials.

Last month, Robert Petit, a Canadian lawyer and co-prosecutor with the special tribunal, submitted the names of six former Khmer Rouge leaders, saying he had enough evidence to charge them with crimes against humanity.

But his Cambodian counterpart objected to charging anyone else, not on legal grounds, but because she claimed new charges risked destabilizing the country and would cost too much.

The Hun Sen government insists it agreed to "only a small number of trials" to satisfy international opinion.

This week, Human Rights Watch issued a statement declaring, "The tribunal cannot bring justice to the millions of the Khmer Rouge's victims, if it tries only a handful of the most notorious individuals, while scores of former Khmer Rouge officials and commanders remain free."

The sluggish progress of Cambodia's genocide trials doesn't bode well for Darfur, Sudan, as judges at the International Criminal Tribunal in The Hague are said to be prepared to indict Omar al-Bashir, Sudan's President.

A master of delaying tactics, Mr. Bashir's government suddenly announced Tuesday it reached "an agreement of good intentions" to negotiate a ceasefire with Darfur's largest rebel group, the Justice & Equality Movement.

The diplomatic breakthrough appears to offer the international community an unpleasant Cambodian-style choice between justice or peace.

National Post