Opposition Leader Sam Rainsy and MP Saumura Tioulong's visit to North America

Date May 02, 2011

FOR IMMEDIATE RELEASE

TO: ALL SRP Colleagues and Cambodian Patriots
From: Office of the SRP-NA Secretariat

We are very pleased to inform our colleagues, SRP supporters and the Cambodian public at large of the upcoming visit of H.E. Sam Rainsy and MP Saumura Tioulong to North America in the upcoming weeks.

Receptions and public speaking events are being planned by SRP leaders and activists at selected communities across USA and Canada. For better information, please consult " the Schedule Events" below or contact your local SRP representative for further clarity.

On behalf of the executive members of Sam Rainsy of North America, we wish to express our deepest thanks and appreciation to all caring Cambodians who have supported our party's cause for defending Khmer rights and democracy in Cambodia. We thanks our colleagues at communities across the continent for their enduring works and dedication.

Like H.E Sam Rainsy, we are looking forward to seeing you at the day of the event. Please join us on that day.

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A laughable Kangaroo court with illiterate judges obeying to a Stalinist government

A LAUGHABLE KANGAROO COURT WITH ILLITERATE JUDGES

OBEYING TO A STALINIST GOVERNMENT

Today the Phnom Penh Appeal Court postponed its awaited decision related to a ten-year imprisonment sentence handed down to me on September 23, 2010 for “forgery of a public document.”

The accusation against me is related to a French-era 1:100,000 map posted on the Sam Rainsy Party website which allegedly has an “unusual” grid on it (see Map # 4 at http://tinyurl.com/yeaoxyf). The Hun Sen government accuses me of adding the grid to the original map, therefore “falsifying” the document. They point to the grid by using the French word "carreaux" while the technical term in both English and French is UTM graticule.

Some CPP-affiliated judges seem to be as illiterate as some Hun Sen government “experts.”

Actually, I used and published both French-made maps and US-made maps to show that they corroborate one another regarding border delimitation between Cambodia and Vietnam.

Cambodian judges and government “experts” should read this explanation by Colonel Edward G. Anderson, Jr. of Corp of Engineers, United States Army (excerpt from "Mapping in Southeast Asia", in The Military Engineers, March-April 1969, page 232): "You would notice the Minutes mention the use of UTM (grid) on 1:100,000 French-made maps. The UTM (standard military grid) with marginal data in English was overprinted on the French maps by the US Army since outbreak of WW II. NATO, France included, adopted UTM grid after 1945."

Mr. Var Kim Hong, the head of government border “experts” did not get the point when he claimed in his accusation against me at a February 22, 2010 press conference, “The French are ignorant of UTM grid (map making).” Actually, it is Mr. Var Kim Hong and his CPP colleagues who are ignorant of elementary graph and map techniques.

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Can ASEAN have bigger global role amid internal problems?

By Cundoko Aprilianto

JAKARTA, May 6 (Xinhua) -- The Association of Southeast Asia Nations (ASEAN) wants to have a bigger global role. But could the bloc materialize its goal amid ongoing internal rift among its own members?

ASEAN is facing a huge task to settle border issue between Cambodia and Thailand. Besides, Indonesia and Malaysia are in prolonged dispute over sea boundary.

The world needs to see that the ASEAN could resolve its own problem before allowing it to have a bigger voice in global issues.

ASEAN has made several achievements such as forming the ASEAN Humanitarian Center (AHA), rolling the ASEAN Maritime Forum and consolidating the ASEAN Inter-governmental Human Right Commission that was formed two years ago, among others.

And, for Indonesia, as the country is holding the chairmanship of ASEAN in 2011, it would be very advantageous for the country if conflict between Thailand and Cambodia could be resolved this year.

Spokesperson of the Foreign Ministry Michael Tene told Xinhua that the border issue is one that member countries must manage better.

"It does not mean that such issue is an excuse for us to be enemy. We just haven't yet to manage the issue well. We have to know that it needs years to put us in peaceful condition, and to attain the goal, negotiations and diplomacy must be put forward," said Tene.

On May 4, Cambodia replied to Indonesia, current ASEAN chair, about the acceptance of the 7th terms of reference (TOR) for the deployment of Indonesian observers to the border with Thailand.

If TOR for observers will be signed on the sideline of 18th ASEAN Summit here,it will be a success for the regional bloc to settle disputes among its members, observers said. ASEAN Charter provides for the establishment of dispute settlement mechanisms.

However, Cambodian academics voiced their skepticism over ASEAN 's capability to solve the problem of Thailand and Cambodia. In fact, they warned that the conflict can lead to a rift in this bloc.

"It's beyond ASEAN's ability to solve it out despite that the ASEAN is putting its strong efforts to mediate it," said Ros Chantrabuth, advisor to the Royal Academy of Cambodia.

In fact, Chantrabuth said that only the United Nations could solve the problem. "I believe that only the United Nations Security Council can help to tackle the Cambodian and Thai border conflict," he added.

He also warned that the Cambodian and Thai row could lead to the rift in the ASEAN, and the security stability in the Southeast Asian countries could be in jeopardy if the fighting still continues for a longer time without any intervention from the third party.

Meanwhile, Indonesia faces waters boundary with Malaysia for years and there is no sign that the two countries could solve the problem in near term.

Reports on the arrest of Malaysian fishing boats by the Indonesian authority and vice versa, emerged several times this year and 2010.

However, Indonesia is optimistic that ASEAN could voice more, at least in East Asian region. According to Indonesian Vice President Boediono, the country is firmly committed to ensuring ASEAN in a position to play the kind of regional role it aspired to.

"First, by enhancing its capacity and credibility to act together, and second by skillfully managing its relations with major neighboring powers," he said.

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Thai-Cambodian border tension eases: Army Region 2 commander

SURIN, May 4 (MCOT online news) – Tensions along the Thai-Cambodian border have now relaxed and the troops of both sides have pledged to resolve the border dispute by negotiation, Thai Army Region 2 commander Lt-Gen Thawatchai Samutsakorn said on Wednesday.

The Thai regional military commander said after visiting soldiers injured in the clashes which erupted April 22, when both parties used heavy weapons causing casualties among the troops and residents of the two countries.

Gen Thawatchai said the situation has now eased since no heavy weapons such as artillery or rocket launchers have been used recently.

"Today I have talked with the Cambodian field commander and urged him to avoid any possible clash," Gen Thawatchai stated. "If any misunderstanding does occur, both sides will talk to solve the conflict and reduce suspicion."

Gen Thawatchai reported that there were no clashes Tuesday night.

Meanwhile, the Thai-Cambodian border at the Chong Chom crossing in Surin province reopened this morning to allow trading to resume.

The Thai commander said that re-opening the border pass would allow people on both sides of the border to resume their normal life, while affirming the opening or closure of border pass will not be a condition to pressure Cambodia to stop shooting.

In other developments, Thai Foreign Minister Kasit Piromya said Wednesday that Thai ambassador to the Hague Weerachai Palasai will head the Thai delegation in contesting the case reopened by Cambodia at the International Court of Justice seeking to clarify the 1962 ruling on the land surrounding Preah Vihear temple.

Mr Kasit, who has just returned from a Geneva meeting with the three newly-appointed legal advisers from Australia, Canada and France, said Thailand and Cambodia are scheduled to clarify the matter to the court on May 30-31 focusing on the provisional measures requested by Cambodia.

Cambodia has urged the court to interpret its 1962 judgment regarding Preah Vihear temple, as well as issue an urgent indication for provisional measures including an immediate and unconditional withdrawal of Thai troops from the contested land near the temple and the ban of all Thai military activity in the area.

The Thai legal team comprises 15 persons including three foreigners and foreign ministry officials, Mr Kasit said.

After the verbal clarification to the court, Mr Kasit said, it will take about four to five months to complete the written statement to be submitted. The ruling is expected after New Year.

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Abhisit rules out talks with Hun Sen at Asean

Thailand to query the word 'vicinity' at ICJ

5/05/2011

Pradit Ruangdit, Thanida Tansubhapol & Manop Thip-Osod

Bangkok Post

Prime Minister Abhisit Vejjajiva indicated yesterday he had no intention of holding talks on the border clashes with Cambodia's Prime Minister Hun Sen at the Asean Summit in Indonesia.

"Don't forget that I met Hun Sen four times late last year, and then in February clashes erupted," Mr Abhisit said.

"And I insist that each clash is not an accident. It is an intention to internationalise the issue."

The clashes are part of Cambodia's strategy in dealing with territorial disputes, according to the premier.

He also doubted Cambodia's claim that the fighting continued because in part it could not control its troops.

Mr Abhisit said Thailand was making preparations to face Cambodia at the International Court of Justice (ICJ), which has asked Thailand and Cambodia to give statements on May 30-31.

Cambodia has asked the court to interpret its 1962 verdict on the Preah Vihear temple and issue an urgent ruling, including an immediate and unconditional withdrawal of Thai troops from the land surrounding the temple and a ban on Thai military activity in the area.

In the 1962 verdict, the court said: "Thailand is under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the temple, or in its vicinity on Cambodian territory."

Cambodia wants the ICJ to interpret the term "vicinity" mentioned in the ruling.

Foreign Minister Kasit Piromya said the Thai team to the ICJ will be led by Thai ambassador to the Hague, Virachai Plasai.

It will comprise three lawyers from France, Canada and Australia, chief of Treaties and Legal Affairs Department Ittiporn Boonpracong, and legal officials who will act as secretaries.

"The special legal committee will go to the Hague a few days before the court hearing to meet the three foreign advisers and prepare a statement for Mr Virachai to deliver to the court.

"They will have only three or four hours to clarify the Cambodian complaints with the 15 ICJ committees," Mr Kasit said.

After the hearing, Bangkok and Phnom Penh will have at least four or five months to send written statements to the ICJ.

"We think the court will make a decision after the New Year as at least five of 15 ICJ committees' terms will end and there will be changes in their members," Mr Kasit said.

Meanwhile, the House committee on foreign affairs yesterday voiced an objection to the government's plan to face Cambodia in the ICJ.

Pheu Thai MP Torpong Chaiyasarn, head of the committee, said the government should instead opt for negotiations to resolve the dispute or let a new administration handle the issue.

Mr Kasit hit back at Mr Torpong for making the suggestion.

"The suggestion is misleading because the public may think the government has done something wrong, and, therefore, has to go to the ICJ. The committee should not talk about this issue to the media directly.

"If it has any questions, it should ask the government for clarifications first," Mr Kasit said.

In a statement issued today, the Press and Quick Reaction Unit of the Office of the Council of Ministers accused Thailand of threatening peace and stability in the region with its war-like stance, and damaging Preah Vihear.

"For that reason, all neighbouring countries together with the international community should make joint efforts to put an end to this dangerous policy so that we can enjoy a lasting peace and stability in Southeast Asia," it said.

"Thai leaders should know that the world of the 21st century needs a new vision, a vision of peace rooted in justice, a vision of a world bound together in intentional community dedicated to the well-being of all people.

"Peace rooted in justice requires the nurturing of a culture of peace in homes, communities, nations and across the world," the statement said.

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Thai-Cambodian Border Clash Largely a Manufactured Conflict

04 May 2011
Guy Taylor
World Politics Review

The brief flare-up of fighting between Thai and Cambodian troops that killed 10 people last month was largely portrayed as a dispute over which country rightfully controls a Hindu-Buddhist temple that has stood along the border between the two for nearly a millennium.

Close observers of the region, however, explain that the recent troop buildups and violence are actually the product of a primarily manufactured conflict driven by nationalists scrambling to maintain a hold on power in both countries.

"Basically what you have here is a war of convenience between two governments that would both benefit from a skirmish that has almost no potential to escalate into a full-blown war," says Ernest Z. Bower, director of the Southeast Asia Program at the Center for Strategic International Studies in Washington.

Bower, who spoke with Trend Lines earlier this week, said the situation is being driven by domestic politics, predominantly in Thailand, where the government is "trying to appease the military because of recent political tensions."

An ongoing divide in Bangkok has "Yellow Shirt" nationalists supportive of Prime Minister Abhisit Vejjajiva pitted against the country's "Red Shirt" pro-democracy activists.

The military, meanwhile, is the "final arbiter of who will run Thailand," said Bower, noting that Vejjajiva is expected over the coming days to announce a schedule for Thai elections in July.

In the interim, the prime minister is not only using the border tension to "give the military a nail to hit," he's attempting to exploit it as a means of unifying politically divided Thais.

"The Red Shirts, who significantly outnumber the Yellow Shirts, may win an election if there's nothing interesting going on, so a war against Cambodia certainly helps the current government, which is part of the Yellow Shirt establishment," he said.

Similar motivation -- albeit driven by entirely different circumstances -- is at play in Cambodia, where President Hun Sen is keen on using the military action to advance the prospects of his son, Hun Manet, a Cambodian army general overseeing the troop buildup.

"Hun Manet is a West Point-trained military officer, and Hun Sen is grooming him as a successor," said Bower, who added that "[seeing] Thais kill Cambodians on the border enrages Cambodians and really helps unite them as a people. It also battens down any opposition to Hun Sen."

While such reasoning might quell fears of a wider conflict between the two countries, it has done little to keep other regional players from feeling on edge. The Association of Southeast Asian Nations (ASEAN), whose rotating presidency is currently held by Indonesia, has attempted to exert diplomatic pressure on both countries to stop sending more troops to the disputed border region. The pressure may be superfluous though, as Bower notes that neither country "is interested in a prolonged conflict at the border."

"I think the end game is the Thai election," he said. "Although there will be continued disagreements, I think the violence will end after July or August, and we'll see this issue disappear from the headlines by the end of the year."

Ernest Bower offers regular analysis on Asia at CSIS, including this recent piece examining the likelihood that Osama bin Laden's death may enable a U.S. shift toward a new paradigm for security and growth in Asia.

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Press Release: Theary Seng appealing ECCC decision re Meas Muth and Sou Met; lodging new applicatio​n against Im Chaem, Ta An, Ta Tith

Civil party applicant Theary Seng appealing ECCC decision regarding Meas Muth and Sou Met of Case 003, lodging another application against CPK Secretaries madam Im Chaem, Ta An, Ta Tith of Case 004

_____________________

PRESS RELEASE

_____________________

PHNOM PENH, 5 May 2011:  The overt political interference into Cases 003 and 004 of the United Nations-backed Extraordinary Chambers in the Courts of Cambodia (“ECCC”) by Cambodian Prime Minister Hun Sen and the UN’s subsequent collusion as reflected by the action (or more correctly, inaction) of the international co-investigating judge, is an affront to victims of the Khmer Rouge.  We deserve more than the cheap justice that is being administered right now by these cases.  We appeal to the donors and the international community to put an end to this legal fiction that is being written for us vis-à-vis these cases—that there are two standards of justice: dignified justice for people of the developed world; and cheap, tattered justice for the poor, like us Cambodians.

On 3 April 2011, I, Theary Chan SENG, submitted a very public application entitled “Civil Party Application to Case No. 003/004” with the ECCC Victims Support Section, which was filed with the Co-Investigating Judges (“CIJs”) 19 days later on 22 April, as verbally confirmed to me that same evening by ECCC Public Affairs chief Reach Sambath when we were guests on a Radio Free Asia call-in show. 

In this one application, I publicly named and expressly hold Khmer Rouge military commanders Meas Muth and Sou Met directly, personally, individually responsible to me for the Crimes against Humanity (including the legal elements of murder, extermination, enslavement, imprisonment, torture, political persecution) in their roles as commanders of the Navy and Air Force of Democratic Kampuchea, respectively, and for their material contribution in developing and implementing the common design and purpose of a joint criminal enterprise which impacted the whole of Cambodia.  That is to say, as a matter of international law, they are directly responsible for my legal injuries during the fall and exodus out of Phnom Penh (Phase I Movement) when my father, a Lon Nol military commander, “disappeared”; and the movement of the population of the East Zone (Phase 3) when the Khmer Rouge imprisoned my family and me first at Wat Tlork and then Boeung Rai Security Centers, where I experienced and witnessed, inter alia, the death of my mother, among the 30,000 (thirty-thousand) lives estimated to have been extinguished at Boeung Rai.  Here, the legal nexus are the CRIMES, not the geographically districts and zones they physically commandeered, vis-à-vis me as an applicant, except for their criminal actions as they were related to the capture and exodus out of Phnom Penh in 1975 when we shared proximity.

On late Friday afternoon, 29 April 2011, the CIJs publicly announced the closing of investigation of Case 003 in one sentence.   

On late Tuesday, 3 May 2011, following a long holiday weekend, my lawyer Mr. Choung Chou-Ngy signed for the receipt of two separate documents (dated the same day as the closing of investigation announcement) with the decisions of the CIJs, both documents classified “Confidential”, even though the names of the five charged persons are not mentioned.

Since the lodging of my first application on 3 April 2011 until now, I have received additional information which will allow me to demonstrate legal injuries “as a direct consequence of at least one of the crimes against the Charged Person” pursuant to Rule 23bis with greater clarity the names of the Charged Persons, their crimes and category of whether they fall in Case 003 or Case 004.

Consequently, I will appeal the CIJ decisions of my one application to “Case No. 003/004” naming Meas Muth (also spelled Meah Mut and aka Khe Muth) and Sou Met with the Pre-Trial Chamber which I have until May 16 to submit.  These two military commanders are grouped in Case 003. 

Simultaneously, I will submit a second civil party application involving the crimes committed against me by CPK Secretary “Me” Im Chaem of Region 5, particularly of the mass graves in Phum Travong in Preah Net Preah district (Northwest Zone); CPK Secretary “Ta” An of Region 41 (Central Zone, mainly of Kampong Thom, Pol Pot’s birthplace province) also believed to be deputy to Ke Pauk (also spelled Kae Pok, now deceased named in Seven Candidates for Prosecution by Steve Heder and Brian Tittemore); and “Ta” Tith (brother of “Ta” Mok, the “butcher”, who died under police custody also named in Seven Candidates for Prosecution) who was CPK Secretary of Kirivong District 109 of Region 13 (Southwest Zone, where the butcher Ta Mok ruled along with his network of family members in senior positions in the Zone—two brothers-in-law, including Ta Tith, four sons, two daughters and five sons-in-law, including Meas Muth) and instrumental in the 2^nd Phase Movement of the Southwest Zone population to the northwest where he terrorized Region 1 (Northwest Zone).  It is believed that these military commanders (including Meas Muth and Sou Met) of the Southwest and Central Zones were also instrumental in the purges of the East Zone where I was imprisoned during the Khmer Rouge years.  These three CPK Secretaries are grouped in Case 004.  I have until 15 days after the closing of investigation into Case 004, which the CIJs have yet to announce.

The CIJs have woefully failed in their Rule 56 responsibility in keeping the public informed generally, and in providing adequate, timely information to victims in order that we may file civil party applications specifically.  Even with sufficient information, it still takes great energy, time and resources to put an application together for any educated, well-informed victim.  Now consider the difficulty in light of the stress of political pressure, of intimidation, of lack of information giving by the ECCC of the average Cambodian victim.  This ECCC which initially, genuinely, substantively, unprecedentedly embraced victims into its process as “civil parties” (of which I was the first) is quickly turning against victims and their meaningful participation.

Maps of KR zones/districts culled from Ben Kiernan's The Pol Pot Regime (Click on each map to zoom in)

 

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