วันอังคารที่ 18 มกราคม พ.ศ. 2554

Words versus Swords by Orphan Child

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Click on the chart to zoom in

Obituary: Abbot Ven. Sangvarasilo Long Mean, age 92, passed away on Saturday the 11th Waxing Moon of Phussa Year of the Tiger BE2554, January 15, AD20

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Respected Venerables,
Dear Devotees and Compatriots,

This is a communication from Ven. Viriyadhammo Puoch Kandaal, abbot of Wat Jotanaram.

We, members of Wat Samakki Dhammikaram of Brooklyn and Wat Jotanaram of Bronx, New York city, are very sad because of the passing of Ven. Sangvarasilo Long Mean, abbot of Wat Samakki Dhammikaram, at age of 92 on January15, 2011.

Please see an obituary below.

Please kindly help distribute widely.

Templenews TV
http://www.templenews.org/

Obituary: Wat Samakki Dhammikaram's abbot Ven. Sangvarasilo Long Mean, age 92, passed away peacefully due to illness on Saturday the 11th Waxing Moon of Phussa Year of the Tiger BE2554, January 15, AD2011

Courtesy Ven. Viriyadhammo Puoch Kandaal and Wat Samakki Dhammikaram

Sunday song ... for a Wednesday morning (?)

Posted by pailin 18:20, under | No comments


Colonial houses along the Sangker River in Battambang (Photo: Linda Devolder)
"I decide to send this to share with all KI readers especially our compatriots from Battambang to reminisce our good and happy time back then" - Anonymous

Sin Sisamouth - Reatrei Chuob Sneh (The night I met my love)

Dear Readers,

An anonymous reader sent this song to us for posting on Sunday, however, due to a glitch (Heng Soy was supposed to post this song, but he claimed that "my physical body could no longer keep up with up my mind after weeks of sleep of deprivation"), we were unable to post it until today. We apologize to our anonymous contributor for this delay.

Enjoy!

KI-Media team

200 march in Philly to protest deportation of four Cambodians

Posted by pailin 18:20, under | No comments


Tue, Jan. 18, 2011
By Michael Matza
Philadelphia Inquirer Staff Writer

Linking their demonstration to the human-rights theme of Martin Luther King's Birthday, about 200 members of pro-immigrant groups marched Monday from Center City to the regional offices of Immigration and Customs Enforcement to protest the pending deportation of four Cambodian men.
Outside the office at 1600 Callowhill St., they festooned a fence with placards - "Stop Tearing Families Apart" - and hundreds of yellow ribbons.

"Education, not deportation," they chanted.

Rallying the crowd through a bullhorn, Desi Burnette of Media Mobilizing Project, a co-organizer of the march, said the men facing deportation were "heroes" to her because they made serious mistakes and learned from them.

The four were born in Cambodia or Southeast Asian refugee camps after their families fled the Khmer Rouge and the Pol Pot regime. They and their parents were admitted legally to the United States as refugees about 25 years ago.


As youths and young adults, they committed aggravated assaults and other crimes. They were convicted, served time in prison, and now face expulsion. ICE agents arrested them last September.

Authorities say they are "criminal aliens" and by law must be removed. Their defenders say they are rehabilitated and deserve another chance to remain in America.

Demonstrator Steve Scaffone, pastor of Living Water Church in the city's Logan section, said his congregation of about 50 people is mostly Cambodian. He said he found it "ironic" that he learned about the four men on the same day that Eagles coach Andy Reid announced that convicted dog-fighter Michael Vick would be his starting quarterback - saying in effect "that our country is all about second chances."

After the four Cambodians were detained, their supporters formed the One Love Movement to Keep Families Together.

One Love cofounder Joe Hanzsum said he hoped that when ICE officials returned to work Tuesday they would see the ribbons and "take another look at these cases."

"Are they really a threat to society? If they are, I'm with you: Deport them," he said. "But if they are not, give them a second chance."

The protest included the Asian Student Association of Philadelphia; Central High School's Students Against Unjust Deportation; the United Taxi Workers Alliance; and other groups.

Citing King's famous 1963 "Letter From Birmingham Jail" - in which he wrote about the difference between just and unjust laws - the demonstrators released a Dec. 4 letter from York County Prison written by 30-year-old Chally Dang, one of the men facing deportation.

"I entered the United States as an infant, made my mistakes as a juvenile and was punished for those mistakes as a young adult," he wrote. "And as I now embrace life as a reformed, tax-paying civilian, the actions of my past still haunt me with what my fate might be. I can only implore mercy from a system in which I trust forgiveness and second chances still exist."

Request of Civil Party Theary Seng to be on Co-Prosecutors' Witness List

Posted by pailin 18:19, under | No comments


Theary Seng (pointing at a mass grave, possibly where her mom was killed in 1978) speaking with man who was there at Boeung Rai (the heart of the East Zone) when she was a prisoner there; DC-Cam estimated that 30,000 to be killed here. Mrs. Andrea Mann (the German Ambassador's real boss!), Helen & Wally Boelkins, Daravuth Seng, village children, filmmaker Marc Eberle (Svay Rieng, 18 Jan. 2010).
On a more consistent basis, I will be writing a column to be published on KI-Media, my personal website www.thearyseng.com and other outlets on the Extraordinary Chambers (ECCC) in my capacity not only as a US-trained lawyer and civil society leader engaging Cambodians on the work of justice, peace and reconciliation in light of the ECCC, but more importantly as a Civil Party in Case 002 against the Senior Khmer Rouge leaders (the heart of the Extraordinary Chambers), the first victim to be recognized as such by and to testify in the ECCC.

There is an important deadline coming up for the Co-Prosecutors, 15 days after the final decision on the Closing Order (hence, end of this month of Jan. 31) to submit their list of witnesses to testify on the substantive facts and laws (crimes) against the senior Khmer Rouge leaders as set out in the Case 002 Closing Order to the Trial Chamber.

It it imperative that many voices of the 2,000+ accepted civil parties be given this role to testify as witnesses, as this is now the only means for us to have a direct voice in the criminal proceeding. This, however, requires that the names of the civil parties and their reasons as related to the crimes in the Closing Order be established and forwarded to the ECCC Trial Chamber for deliberation and acceptance. The strongest case is if the civil party's name is included in the list of witnesses of the Co-Prosecutors, due 12-13 days from now.

But if not in the list of the Co-Prosecutors, the civil party has a second chance if it is included in the list of witnesses to be submitted by the Civil Party Co-Lead Lawyers, Mr. ANG Pich and Ms. Elisabeth SIMONNEAU FORT, the deadline being mid-February 2011, 15 days after the deadline of the Co-Prosecutors.

It is highly questionable if the civil parties' lawyers -- both Khmer and foreign -- are able and capable to handle and represent effectively 2,000+ clients and still make the deadline of mid-February 2011.

First, the UN French Co-Lead Lawyer has yet to arrive in Cambodia and start her position. She is expected to arrive the end of January 2011 which will then give her 15 days to settle into a new home, new country, master the learning curve of general knowledge of Cambodia, then the specific history and rules of the ECCC, then the very specific nature of civil parties representation and details of 2,000+ clients. There is a rumor that she only speaks French and not Khmer or English. I wish her luck!

True, the Co-Lead Lawyers work in cooperation with a coterie of both Khmer and foreign civil party lawyers, approx. 40. The Khmer lawyers are limited to less than 10 persons; the foreign lawyers are either not based in Cambodia tending to their full-time positions in their respective country or if based in Cambodia full-time, it is questionable whether they "get" it for various reasons, e.g. language barriers, lack of commitment/seriousness/experience.

To address the insurmountable problems, it is suggested that the names of the civil parties to be forwarded to the Trial Chamber via the Co-Lead Lawyers be based on a quota system: for example, [ 5 ] names of civil parties from each of the 11 civil party lawyer teams.

This is the most absurd suggestion for obvious reasons, the main ones being:

One, witnesses should be determined based on their ability to testify on a substantive point of fact or law of the Closing Order, not based a random lottery picking to satisfy the fairness/unfairness of lawyers. The interests of the law and of the civil parties (and not the lawyers!) should be paramount.

Two, each team of civil party lawyers has clients ranging from 1 individual to 700+ individuals.

Three, it is a lazy, fatalistic method of handling a challenge without even attempting to tackle the problem.

By way of example, I am here publishing an excerpt of only my personal request and reasons to the Co-Prosecutors to be in their list of witnesses to the Trial Chamber with the hope that other civil parties will follow my lead in proactively engaging and assisting this process with their lawyers.

- Theary C. SENG, Civil Party and representative of Civil Parties of Orphans Class (18 Jan. 2011, Phnom Penh).
============

I. Introduction

1. I, Theary C. SENG in my personal capacity as the first applicant and first-recognized Civil Party by the Extraordinary Chambers (“ECCC”) (see http://www.thearyseng.com/eccc-civil-party, in particular http://www.eccc.gov.kh/english/cabinet/courtDoc/176/C22_I_62_EN.pdf) am requesting to have my name be included in the List of Witnesses of the Co-Prosecutors to be submitted to the ECCC Trial Chamber to testify in the criminal proceeding against the senior Khmer Rouge leaders—Nuon Chea, Khieu Samphan, Ieng Sary and his wife Ieng Thirith—of Case 002 for the reasons delineated below.


2. I, Theary C. SENG in my capacity as founder and president of the Association of Khmer Rouge Victims in Cambodia (“Victims Association”), the first Cambodia-based victim association to be registered with the Ministry of Interior and the first to be accepted by the ECCC Victims Support Section, and in my capacity as the Representative of the Civil Parties of Orphans Class, a sub-group of the Victims Association whose inception preceded even the formal formation of the Victims Association, am requesting to have 12 members of the Orphans Class who are ECCC-recognized Civil Parties, listed below and in the attached Summary Annex, also be included in the List of Witnesses of the Co-Prosecutors for the reasons delineated below. Most members of the Civil Parties of Orphans listed me in their civil party application as their Representative.

3. In both capacities, herein, the “Applicant”.

4. It should be noted that the Applicant is nationally and internationally known for her tireless efforts to engage the Cambodian population in-country and in the diasporas on victims participation as (i) witness, (ii) complainant, or the novel (iii) civil party. See http://www.thearyseng.com/peace-builder, in particular http://thearyseng.com/peace-builder/42/54 and http://thearyseng.com/victims-association. She is the subject of countless documentary films, many mentioning her roles as the first civil party and representative of the Civil Parties of Orphans Class, notably Facing Genocide (Story Production, Sweden), Judging Genocide (ABC Australia, CNN World Untold Stories), and another in-production by German filmmaker Marc Eberle with thousands of hours of footage include outreach efforts by the Applicant spanning the last 3 years.

II. Witness List

Witness No. 1 – Ms. Theary C. SENG

5. Theary C. SENG is a child victim of forced Movement of the Population from Phnom Penh – Phase I (Closing Order: Part One VIII.A. para. 221-261), during which she suffered inter alia the “disappearance”/murder of her father KAO Im, a high-ranking military commander of the Lon Nol regime; Movement of the Population from the East Zone – Phase III (Closing Order: Part One VIII.A. para. 283-294), during which she suffered inter alia illegal arrest and illegal detention at Wat Tlork Security Center (Closing Order: Part One VIII.C. para. 664-666) later transferred to Boeung Rai Security Center (Closing Order VIII.C. para. 665) where she underwent Compulsory Labor as a child, witnessed the murder of a mentally insane woman and suffered the death of her mother and other prisoners, both security centers within the heart of the notorious East Zone during the height of the purges.

6. Theary C. SENG, as a child from age 4–8, is a WITNESS to CRIMES AGAINST HUMANITY “whereby ranking officers and officials of the Khmer Republic (as well as their subordinates and family members) were targeted because they were considered likely to be hostile to the CPK”
- Legal elements of MURDER of father, mother, mentally insane woman, and other prisoners
· Wat Tlork and Boeung Rai Security Centers in the East Zone
o Para. 1376. “As regards security centers, for the entire period of the regime, the personnel of these centers, both directly and indirectly, caused the death of a large number of detainees. In most instances, the prisoners were killed deliberately through a variety of means, including summary execution in or near the security centers. Moreover, many prisoners died as a result of torture and ill-treatment.”
o Murder of Mother SENG Chen Eat.
o Murder of mentally insane woman.
o Murders of other prisoners. The Documentation Center of Cambodia estimated that 30,000 lives were lost in Boeung Rai Security Center.
· Phase I Movement
o Murder of Father KAO Im

- Legal elements of EXTERMINATION (para. 1381)
· Wat Tlork and Boeung Rai Security Centers in the East Zone
o Para. 1387. Inhuman conditions. As a child, Theary Seng was forced to pick dried animal manures among the countless mass graves.
o Every night, the prison guards shackled the ankles of prisoners, including her juvenile brothers.
· Phase I Movement – during the exodus out of Phnom Penh and during the temporary stay at Wat Champa pagoda, sea of human suffering (starvation, lack of medical treatment, shelter etc.)

- Legal elements of ENSLAVEMENT (para. 1391)
· Wat Tlork and Boeung Rai Security Centers
o Para. 1392. “As regards the actus reus, the personnel of these cooperatives, worksites and security centers deliberately exercised total control and all of the powers attaching to the right of ownership over of the persons placed there, without them being given any real right to agree.”
o Para. 1394. “Moreover, in all the places mentioned above, including security centers, the victims were forced to perform work without their consent, unpaid and without the opportunity to reap the direct benefits thereof. Work venues, duration and schedules were imposed. The victims could not refuse to perform any work assigned to them. The work, coupled with the constraints described above, stripped them of their free will, and amounts to enslavement.”
- Legal elements of IMPRISONMENT (para. 1402)
· Wat Tlork and Boeung Rai Security Centers
o Para. 1403. “As regards the actus reus, the personnel of these sites intentionally imposed serious, arbitrary deprivation of liberty on the detainees, in violation of legal guarantees.”
o As set out in the “Factual Findings – Joint Criminal Enterprise” section, “the network of security centers replaced the judicial system in order to facilitate detention based on the presumed dangerousness of individuals as perceived by the CPK authorities”, the “dangerousness of individuals” include Theary Seng a child victim only seven years old.

- Legal elements of TORTURE (para. 1408)
· Wat Tlork and Boeung Rai Security Centers
o Para. 1409. “As regards the actus reus, on numerous occasions, CPK cadres through their acts or omissions, deliberately inflicted severe harm and suffering, both physical and mental, during interrogations.” Theary Seng witnessed the torture of a mentally insane woman in the courtyard of one the two Security Prisons where she was detained as a child of 7 years old.
o Para. 1410. “Taking account of all the objective and subjective elements of the case, the treatment to which these people were subjected was so severe that it amounts to torture: the methods used, coupled with the inhumane conditions and the context of terror in the security centers, had very serious physical and psychological effects, and in some cases, resulted in death. Torture was both premeditated and institutionalized as the centerpiece of CPK policy against ‘enemies’”, including that of Theary Seng, a child of seven years old.
· As a child living in the East Zone, Theary Seng was tortured when a Khmer Rouge village authority pierced her right eye and almost blinded her; the scar on her right eye lid is visible to this day.

- Legal elements of POLITICAL PERSECUTION
· Wat Tlork and Boeung Rai Security Centers
o Para. 1417. “The CPK authorities identified several groups as “enemies” based on their real or perceived political beliefs or political opposition to those wielding power within the CPK. Some of these categories of people, such as former ranking civilian and military personnel of the Khmer Republic, were automatically excluded from the common purpose of building socialism. As for junior officials of the former regime, some were arrested immediately after the CPK took power, because of their allegiance to the previous government, and many were executed at security centers… The entire population remaining in towns after the CPK came to power was labeled as ‘new people’ or ‘17 April people’”.
o Para. 1424
· Phase I Movement – Theary Seng as a child of 4 years old was forced with her maternal family members to exit her birth city of Phnom Penh; they were targeted for being a member of the “new people”.

- Legal elements of OTHER INHUMANE ACTS through “Attacks Against Human Dignity”
· Wat Tlork and Boeung Rai Security Centers and Phase 1 Movement.
o Para. 1435. “Regarding the actus reus, by depriving the civilian population of adequate food, shelter, medical assistance, and minimum sanitary conditions, the CPK authorities inflicted on victim serious mental and physical suffering and injury, as well as a serious attack on human dignity of similar gravity to other crimes against humanity.”

- Legal elements of FORCED TRANSFER - Other Inhumane Acts Through Forced Transfer
· Phase I from Phnom Penh and Phase III from East Zone
o Para. 1448. “Considering the facts set out in the sections relating to the three phases of the movement of the population, the material facts of the crime against humanity of other inhumane acts through forced transfer have been established. In particular relating to the movement of the population from the city of Phnom Penh following the entry of CPK troops on 17 April 1975 (phase 1) […], and the movement of the population from the East Zone from late 1977 until late 1978 (phase 3) [for Theary Seng, to Wat Tlork and then Boeung Rai Security Centers] – the places where they lawfully resided without grounds permitted by international law.”
o Para. 1449. “With respect to the actus reus, victims endured great suffering, or serious mental or physical suffering or injury or a serious attack on human dignity of similar gravity to other crimes against humanity.”
- Legal elements to FORCED DISAPPEARANCESOther Inhumane Acts Through Enforced Disappearances
· Wat Tlork and Boeung Rai Security Centers
o Para. 1470

7. Theary C. SENG, as a child from age 4–8, is a witness to crimes in the Cambodian Penal Code 1956 - charges of MURDER and TORTURE of father KAO Im, mother SENG Chen Eat and torture of Theary Seng (piercing of her eye) and that of mentally insane woman when in prison.

8. Theary C. SENG, in her individual capacity, makes the perfect witness to address the substantive matters delineated above, especially as a child victim and the associated set of rights violated in the crimes and matters abovementioned.

9. Moreover, Theary Seng gives voice and representation to countless million other Cambodian victims by nature of her consistent, persistent work with victims, her very public platform and writings as well as her law training.

10. Theary Seng is the author of Daughter of the Killing Fields (London, 2005), a memoir with particular focus on her experience during the Khmer Rouge years. This memoir will be updated and augmented with additional chapters to be published with Seven Stories Press (New York, late 2011).

EIC issues positive forecast

Posted by pailin 09:44, under | No comments

Photo by: Pha Lina
Reporters listen to EIC researcher Khin Pisey at a press conference at the organisation's headquarters in Phnom Penh today.

via CAAI

Monday, 17 January 2011 20:56 May Kunmakara

The Economic Institute of Cambodia said the domestic economy is set to increase by 7 percent this year, the most optimistic projection for 2011 GDP growth yet released.
The Ministry of Economy and Finance, the World Bank and the Asian Development Bank have projected 6 percent GDP growth for 2011, while the International Monetary Fund has pointed to 6.8 percent growth.

The agriculture industry played centre stage at an EIC press conference in Phnom Penh today, announcing its prediction.

The sector was expected to be a main driver of the Kingdom’s economic growth in 2011 after receiving a boost from tax incentives accorded by the European Union to developing countries, according to EIC researcher Khin Pisey.

“Our milled rice exports to European markets cannot compete with Thailand and Vietnam if we don’t receive tax exemption from the EU,” he said during a presentation held in the capital today.

The Kingdom’s rice exports do not pay any duty on entering the European Union, EU Delegation to Cambodia Chargé d’Affaires Rafael Dochao Morono confirmed today.

“This gives Cambodian exporters a significant price advantage in the European market vis-à-vis other rice exporting countries,” he said.

EIC president Sok Harch claimed Europe’s rules saved Cambodian rice exporters some US$228 per tonne, but added concerns that it was scheduled to finish at the end of December.

“We don’t know whether they will renew for us or not,” he said, adding more than 90 percent of milled rice exports from Cambodia went to European Union member countries.

However, Rafael Dochao Morono said that the expiration was an administrative issue, adding that Cambodia could be fully confident that its preferences for rice would continue after 2011.

According to EIC, the agro-industry was set to have a particularly strong year with increases in the numbers of food processing plants and rice mills, but the construction sector was still in a slowdown and tourism revenues were still relatively low, according to Khin Pisey.

“Although the number of foreign tourists has increased substantially, revenues [per tourist] are declining because most tourists are from neighbouring and regional countries – not from western countries,” he added.

However, Minister of Tourism Thong Kong has previously rejected the notion that tourists from Asian countries are outspent by their western counterparts, excepting the cost of flights.

In 2010, the EIC said the garment sector grew 14.5 percent, the agro-industry grew 13.3 percent and tourism 9.3 percent last year, but added these figures were generally set to increase further during 2011.

ADDITIONAL REPORTING BY JEREMY MULLINS

Jeon Hye Bin Sexy Korean Actress Model

Posted by pailin 09:43, under | No comments

Jun Hye Bin (or Jeon Hye Bin) is Korean actress and singer. Too bad for her as she is not so popular like another Korean Actress although she is quite beautiful and talented enough.

As a singer, her hits single "2AM" was frequently performed. Her new Korean drama can be watched on The Man Who Can't Get Married, and Yaksha.

Some fans may criticized Jun Hye Bin for her sexy outfits while performing and dancing. Jun always came under heavy criticism for being overtly sexual in performances, and moved onto a second single "Bin-Go", which showed a cuter, less sexual image.

Jun Hye Bin Profile :

Profile
Name: 전혜빈 / Jun Hye Bin (Jeon Hye Bin)
Also known as: BIN
Profession: Actress, singer and model
Birthdate: 1983-Sep-27
Birthplace: Seoul, South Korea
Star sign: Libra
Blood type: B
Height: 165cm
Weight: 43kg
Talent Agency: SM Entertainment

Jun Hye Bin Photos :

US War Crimes Ambassador Wants Cases Pursued

Posted by pailin 09:42, under | No comments


Stephen J. Rapp
Ambassador-at-Large
War Crimes Issues
Kong Sothanarith, VOA Khmer
Phnom Penh Monday, 17 January 2011
“We want to make sure that the court is able to conclude its investigation on all matters.”
US War Crimes Ambassador Steven Rapp met with Khmer Rouge tribunal officials last week and urged both the Cambodian and international sides of the court to cooperate in two controversial cases.

Case Nos. 003 and 004, which would require further indictments and charge Khmer Rouge cadre beyond those already in detention, are sitting at the office of investigating judges, but top court and government officials have said they should not proceed lest they create national instability.

However, in an interview with VOA Khmer, Rapp said he urged official to move the investigations forward.


“We want to make sure that the court is able to conclude its investigation on all matters,” he said in an interview Saturday. “Our view is that [the government] will cooperate fully with the court.”

Public remarks by Prime Minister Hun Sen critical of further indictments have caused critics to claim there is governmental interference with the tribunal process, a claim the government denies.

Rapp, who staid Thursday through Sunday, said his visit had convinced him the investigations will go forward. “The indication I have is that the cooperation is there and ongoing and as it's required,” he said.

Rapp's visit comes after a stopover by US Secretary of State Hillary Clinton, who said proper funding of the tribunal must be a priority. In addition to tribunal staff and the government, he met with diplomats from donor countries.

Rapp will also visit Thailand and Japan before a meeting with donors in New York over funding later this month.

Tribunal spokesman Reach Sambath said Rapp's visit was “an encouragement” for tribunal staff and donors.

Request of Civil Party Theary Seng to be on Co-Prosecutors'

Posted by pailin 09:42, under | No comments


Theary Seng (pointing at a mass grave, possibly where her mom was killed in 1978) speaking with man who was there at Boeung Rai (the heart of the East Zone) when she was a prisoner there; DC-Cam estimated that 30,000 to be killed here. Mrs. Andrea Mann (the German Ambassador's real boss!), Helen & Wally Boelkins, Daravuth Seng, village children, filmmaker Marc Eberle (Svay Rieng, 18 Jan. 2010).
On a more consistent basis, I will be writing a column to be published on KI-Media, my personal website www.thearyseng.com and other outlets on the Extraordinary Chambers (ECCC) in my capacity not only as a US-trained lawyer and civil society leader engaging Cambodians on the work of justice, peace and reconciliation in light of the ECCC, but more importantly as a Civil Party in Case 002 against the Senior Khmer Rouge leaders (the heart of the Extraordinary Chambers), the first victim to be recognized as such by and to testify in the ECCC.

There is an important deadline coming up for the Co-Prosecutors, 15 days after the final decision on the Closing Order (hence, end of this month of Jan. 31) to submit their list of witnesses to testify on the substantive facts and laws (crimes) against the senior Khmer Rouge leaders as set out in the Case 002 Closing Order to the Trial Chamber.

It it imperative that many voices of the 2,000+ accepted civil parties be given this role to testify as witnesses, as this is now the only means for us to have a direct voice in the criminal proceeding. This, however, requires that the names of the civil parties and their reasons as related to the crimes in the Closing Order be established and forwarded to the ECCC Trial Chamber for deliberation and acceptance. The strongest case is if the civil party's name is included in the list of witnesses of the Co-Prosecutors, due 12-13 days from now.

But if not in the list of the Co-Prosecutors, the civil party has a second chance if it is included in the list of witnesses to be submitted by the Civil Party Co-Lead Lawyers, Mr. ANG Pich and Ms. Elisabeth SIMONNEAU FORT, the deadline being mid-February 2011, 15 days after the deadline of the Co-Prosecutors.

It is highly questionable if the civil parties' lawyers -- both Khmer and foreign -- are able and capable to handle and represent effectively 2,000+ clients and still make the deadline of mid-February 2011.

First, the UN French Co-Lead Lawyer has yet to arrive in Cambodia and start her position. She is expected to arrive the end of January 2011 which will then give her 15 days to settle into a new home, new country, master the learning curve of general knowledge of Cambodia, then the specific history and rules of the ECCC, then the very specific nature of civil parties representation and details of 2,000+ clients. There is a rumor that she only speaks French and not Khmer or English. I wish her luck!

True, the Co-Lead Lawyers work in cooperation with a coterie of both Khmer and foreign civil party lawyers, approx. 40. The Khmer lawyers are limited to less than 10 persons; the foreign lawyers are either not based in Cambodia tending to their full-time positions in their respective country or if based in Cambodia full-time, it is questionable whether they "get" it for various reasons, e.g. language barriers, lack of commitment/seriousness/experience.

To address the insurmountable problems, it is suggested that the names of the civil parties to be forwarded to the Trial Chamber via the Co-Lead Lawyers be based on a quota system: for example, [ 5 ] names of civil parties from each of the 11 civil party lawyer teams.

This is the most absurd suggestion for obvious reasons, the main ones being:

One, witnesses should be determined based on their ability to testify on a substantive point of fact or law of the Closing Order, not based a random lottery picking to satisfy the fairness/unfairness of lawyers. The interests of the law and of the civil parties (and not the lawyers!) should be paramount.

Two, each team of civil party lawyers has clients ranging from 1 individual to 700+ individuals.

Three, it is a lazy, fatalistic method of handling a challenge without even attempting to tackle the problem.

By way of example, I am here publishing an excerpt of only my personal request and reasons to the Co-Prosecutors to be in their list of witnesses to the Trial Chamber with the hope that other civil parties will follow my lead in proactively engaging and assisting this process with their lawyers.

- Theary C. SENG, Civil Party and representative of Civil Parties of Orphans Class (18 Jan. 2011, Phnom Penh).
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Police arrest TPN leader Chaiwat

Posted by pailin 09:41, under | No comments


Published: 18/01/2011
Thai Patriots Network (TPN) leader Chaiwat Sinsuwong was arrested by police on Tuesday afternoon on charges related to the occupation of Don Mueang and Suvanabhumi airports in late 2008, reports said.

Police arrest Thai Patriots Network leader Chaiwat Sinsuwong on Jan 18, 2011. (Photo by Wassayos Ngamkham)

Police arrested Mr Chaiwat about 1.30pm, while he was having lunch at MK suki restaurant at Tesco Lotus superstore on Rama I road, the reports said.

Mr Chaiwat this morning led supporters of the yellow-shirt splinter group of the Peoples Alliance for Democracy (PAD) to the Grand Palace to submit a petition against the government addressed to His Majesty the King. The group accused the government of mismanaging the border demarcation issue with Cambodia.

Mr Chaiwat's colleagues said he had planned to turn himself to authorities, but was nabbed by Crime Suppression police before he could do this.

All PAD core members, except Mr Chaiwat, surrendered to police to answer charges in connection with the blockades of Suvarnabhumi and Don Mueang airports during their campaign to force the Somchai Wongsawat government to step down. The accused Mr Somchai of being a nominee for fugitive prime minister Thaksin Shinawatra. The other PAD leaders were released without bail.

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