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Suu Tov KhmerKrom (mysong myvoice)

Tuesday, August 4

Noppadon:Thaksin not hiding B1.8bn

Writer: BangkokPost.com
Published: 5/08/2009 at 10:38 AM Former prime minister Thaksin Shinawatra has not laundered 1.8 billion baht through an island tax haven as alleged by privy councilor Gen Phichit Kulwanich, the fugitive former premier's legal aide Noppadon Pattama said on Wednesday.

Mr Noppadon challenged Gen Phichit to submit evidence supporting the money laundering allegation to the Department of Special Investigation for legal action.

The former foreign minister said Thaksin is now running a diamond mine and television businesses overseas. Thaksin’s 100 television channels project for Thailand would start test broadcasts on Sept 1.

Mr Noppadon reiterated that Thaksin and members of the Shinawatra family were not behind the red-shirts' petition for royal pardon.

However, Thaksin's supporters did have the constitutional right to seek royal pardon for Thaksin, he said.

Thaksin's opponents also had the right to oppose the move.

Critics of the petition push say there is no legal avenue to present a petition for a royal pardon for a felon who has not served part of his sentence and that a pardon cannot overrule a court sentence.

Thaksin was sentenced to two years in jail by the Supreme Court for abuse of power while prime minister. He skipped bail and fled the country before the sentence was passed.. Read more!

More photos of SRP march following Mrs. Mu Sochua's unfair verdict



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Cambodia has no plan to grant oil concessions to private firms in the overlapping marine zone disputed with Thailand: Hor 5 Hong

Cambodia Discusses Oil Concessions in Disputed Area with Thai PM5 August 2009Thai ASEAN News NetworkThe Cambodian Foreign Minister assured Thailand's Prime Minister yesterday that Cambodia has no plan to grant oil concessions to private firms in the overlapping marine zone disputed with Thailand.Cambodian foreign minister Hor Namhong met with Prime Minister Abhisit Vejjajiva and Foreign Minister Kasit Piromya at the Government House yesterday, to talk over the oil concession dispute in the overlapping marine zone between Thailand and Cambodia.The discussion came after the media reported that Cambodia had given Total, a French firm, a concession to explore for oil in the disputed area. Hor Namhong has assured the Thai prime minister that Cambodia's position was not to disturb the disputed maritme area claimed by both countries and that Cambodia had no plan to grant any oil concession in the disputed zone to a private company.The Cambodian foreign minister further revealed that he intended to bring up the matter at a Thai-Cambodian Joint Commission meeting today, with expectation that the dispute over the overlapping maritime areas would be resolved.Meanwhile, Prime Minister Abhisit said that both countries should also find solutions of the dispute over the Preah Vihear temple and should discuss the situation along Thai-Cambodian border as well as further collaboration between the two countries. Read more!

Cambodia MP to fight defamation verdict

AUDIO from Asia Pacific Cambodian Opposition MP Mu Sochua discusses the verdict of her defamation caseTue, 4 Aug 2009Zulfikar AbbanyABC Radio Australia
A Cambodian politician sued for defamation by Prime Minister Hun Sen says she will appeal against a verdict in his favour.Opposition MP Mu Sochua, a former women's affairs minister, acknowledges she has little chance of winning the appeal.But she says she will persevere with her case to shine a light on Cambodia's justice system.Justice"I want to put justice on trial. It looks very dark for me to win the appeal, but nevertheless I want to take one layer - layer by layer layer - of what the justice system in Cambodia is all about," she said in an interview with Radio Australia's Asia Pacific.Prime Minister Hun Sen sued Mu Sochua after she brought a defamation case against him earlier in the year.Her case was thrown out of court several months ago, but the Prime Minister's case proceeded.Some observers say the case is part of a government crackdown on its critics.Mu Sochua's last lawyer quit the case due to intense political pressure.PenaltyAs part of its ruling, the court ordered Mu Sochua to pay a fine of $US4,000, about half of which will go to the Prime Minister.In the past Mu Sochua has said she would sooner go to jail than pay the fine.Asked about her position on the fine, Mu Sochua said she would follow through with the appeal before making a final decison."I was not served justice today," she said."My stands remain the same. I will continue to pursue justice. I have one more month to appeal, which is the next step. I will consider that step in the next few weeks." Read more!

Is Duch’s trial making small steps forward or has it come to a standstill?

Phnom Penh (Cambodia). 04/03/2002: Cell numbers in former Khmer Rouge detention centre S-21 (Photo: John Vink/Magnum)04-08-2009 By Stéphanie Gée Ka-set
The hearing on Monday August 3rd hardly contributed to enlighten the tribunal. The first witness to appear left the feeling of a complete loss of time due to the thinness of his testimony. One failed to understand why some witnesses were called to the stand when they had nothing to say and why the prosecution, who suggested their names, did not attempt to demonstrate the interest in calling them to testify. The former S-21 staff member who succeeded him proved to have a better memory and was subjected to many questions which were thought to have been exhausted already… As for the accused, he relished noting the contradictions in their statements and gladly made reservations, in the lack of evidence proving they belonged to the staff under his direction. Read more!

Cambodia expects garment exports to drop 30 per cent in 2009

Wed, 05 Aug 2009DPA
Phnom Penh - The Cambodian government expects garment exports will decline by at least 30 per cent this year due mainly to lower demand in the key US market, local media reported Wednesday. "It is clear that this year's garment exports will drop at least 30 per cent because consumers in the United States have cut purchases," Mean Sophea, the head of the Ministry of Commerce's trade preferences department, told The Phnom Penh Post.Earlier this year the government said it expected garment exports to drop just 5 per cent in 2009.However, trade union president Chea Mony predicted that exports would fall even further. "We are concerned that the situation of Cambodia's garment exports will deteriorate even further than that predicted by the [ministry] unless the government can get rid of rampant corruption in the garment sector," said Chea Mony.Garments are Cambodia's key foreign exchange earner, generating 3.1 billion US dollars last year. Most garments are exported to the US market and the European Union. Read more!

Officials reject Thai border market claim


Government disputes Thai argument that planned market reconstruction violates bilateral agreements.
090804_03
Photo by: Tracey Shelton
The market at the foot of disputed Preah Vihear temple, after being destroyed by Thai rocket fire during border clashes in April

CAMBODIAN officials have rejected Thai government claims that the reconstruction of a market at the foot of Preah Vihear temple violates a border agreement signed by the two countries, saying the project has nothing to do with the continuing standoff over contested territory.

Phay Siphan, spokesman for the Council of Ministers, said that the reconstruction of the market - which Cambodia says was destroyed by Thai rocket fire during border clashes in April - was merely intended to provide housing to 319 vendor families made homeless by the incident.

"Thailand's claims are groundless," he said Monday.

"They are only trying to disturb Cambodia."

On Thursday, Thailand's border communication office wrote to its Cambodian counterpart, claiming that the construction of new stalls at the market violated a memorandum of understanding on border demarcation signed between the two countries in 2000.

"The border communication team of Region 1 would like to inform you that the above action is in violation of the joint MoU on inspection and border demarcation," the letter stated.

Cambodia and Thailand have never fully demarcated their 805-kilometre shared border.
090804_03b
Photo by: Vandy Rattana
The market as it was prior to the incident.

Under construction
Sar Thavy, Preah Vihear deputy governor and a member of the market construction commission, said Monday that several stalls had already been rebuilt, and that the all construction activities were taking place on Cambodian soil.

"We have to rebuild those stalls because [the market] has been on that site for many years," he said.

"If Thailand complains about our reconstruction, it is their problem."

He added that construction workers were hurriedly building stands in an attempt to finish the project as soon as possible.

In May, Cambodia officially requested US$2.1 million in compensation for the damage at the market, but so far there has been no response from Bangkok.

Foreign Ministry spokesman Koy Kuong said that Thailand had not yet sent a formal diplomatic note protesting the reconstruction, but added that Foreign Minister Hor Namhong was set to leave for Bangkok today for a meeting of the Joint Border Commission, set up to negotiate border issues.

Var Kimhong, Cambodia's top border negotiator, could not be reached for comment Monday.
Read more!

Cambodian MP guilty of defamation

Mu Suh-Kwor was stripped of her legal immunity and lost her seat in parliament [EPA]

A Cambodian court has ordered an opposition member of parliament to pay $4,100 in damages after finding her guilty of defaming the country's prime minister.

A municipal court in the capital Phnom Penh ruled on Tuesday that Mu Suh-Kwor of the Sam Rainsy Party had defamed Hun Sen when she tried to sue him over comments he allegedly made about her conduct during last year's election campaign.

Critics have said the ruling reflected Hun Sen's determination to use Cambodia's courts to silence opposition critics.

"That was not justice in the courtroom. It was totally political," Suh-Kwor told reporters, who were banned from attending the court session.

"I will continue to fight until I get justice. Today, the court could have been a light for justice. The judge gave us darkness instead."

In video
Cambodia opposition 'silenced'
In early April, Hun Sen referred to an unnamed politician as a "strong leg," a term seen by some in Cambodia as offensive to women.

Mu Suh-Kwor has said the speech referred to her. She also denounced his remarks in another speech.

The court rejected her lawsuit in June, saying that it was groundless, but it moved ahead with the prime minister's countersuit.

Suh-Kwor, who was nominated for the Nobel Peace Prize in 2005 for her work against the trafficking of women in Cambodia, and Ho Vann, another politician, were stripped of their legal immunity last month and lost their seats in parliament.

Vann is accused of spreading false information and faces three years in prison.

Government crackdown

Hun Sen has said rights groups are interfering in Cambodia's affairs [GALLO/GETTY]
Suh-Kwor's case is the latest in a series of lawsuits and arrests targeting opposition voices.

Hang Chkra, a newspaper editor is serving a one-year sentence in Phnom Penh for writing about alleged government corruption.

In June Moeung Sonn, an opposition activist, fled the country after being given a two-year sentence for questioning a lighting system at the Angkor Wat temple complex, the country's biggest tourism drawcard.

Another opposition newspaper shut down after 10 years of publishing to avoid government legal action.

In June, the office of the UN High Commissioner for Human Rights in
Cambodia and the New York-based Human Rights Watch criticised the lawsuits against the politicians.

In a statement, the UN said the lawsuits undermined the constitutional freedom of opinion and expression.

Human Rights Watch said that Hun Sen had "a long history of trying to muzzle Cambodia's political opposition and undermine the independence of the legal profession".

Last month, the prime minister, a former Khmer Rouge fighter, criticised rights groups and foreign diplomats for interfering in Cambodia's internal affairs after they voiced concern about the removal of Suh-Kwor and Vann's parliamentary immunity.

Hun Sen has dominated Cambodian politics for more than two decades and won a landslide election in July last year.

Read more!

Cambodian court ordered Mu Sochua to pay 16.5 million riels in compensation to Mr. Hun Sen

Ms. Mu Sochua holding a candle in salute after leaving the court.

Source: Deum Ampil newspaper
Reported in English by Khmerization

A Cambodian court has on the morning of 4th August ordered Ms. Mu Sochua to pay 16.5 million riels (~$US4100), 8.5 million riels in fines and 8 million riels in compensation to Prime Minister Hun Sen after he had successfully sued her for defamation, in a decision viewed by observers as politically motivated.

The court hearing on the morning of 4th August was attended by Ms Mu Sochua, Mr. Sam Rainsy, President of the Sam Rainsy Party (SRP) as well as diplomats and representatives of the civil society.

Ms Mu Sochua and the SRP have said that they will pay the fines and will not appeal the court decision as they think that it is a waste of time, considering that the court is controlled by Mr. Hun Sen.

The SRP said that the party will pay the fines on Ms Mu Sochua's behalf as they said that private donations from Ms Mu Sochua's sympathisers had surpassed the amount of the fines.

According to everyday.com.kh, the SRP and the Human Right Party (HRP) have immediately released a statement repudiating the court decision.

The statement stated that Ms. Mu Sochua should not be judged by an incompetent, a non-independent and a biased court such as the Cambodian court. The statement went further by saying that this biased court had thrown out Ms Mu Sochua's lawsuit against Mr. Hun Sen even though she has sufficient evidence. It went further by saying that Ms Mu Sochua was the victim of Mr Hun Sen's slander, but instead she was stripped of her parliamentary immunity and charged with defaming Mr. Hun Sen.

The statement had also appealed to the international community to continue to monitor the government's use of the defamation cases and the court to silence its critics. Read more!

Mu Sochua: The court verdict is political and it is not based on the law

Mu Sochua answering reporters' questions

04 August 2009

Everyday.com.kh
Translated from Khmer by Socheata

After the Phnom Penh municipal court issued its verdict against SRP MP Mu Sochua, whose parliamentary immunity was lifted by the National Assembly, and it declared that she lost in the defamation lawsuit brought up by Hun Xen, Mrs. Mu Sochua indicated that the court verdict was not based on the law, but it rather a political sentence.

Mrs. Mu Sochua told reporters on Tuesday morning, following the court verdict ordering her to pay a fine and a compensation to Hun Xen for a total amount of 16.5 million riels, that in the decision handed down by the Phnom Penh municipal court, the judge did not use her conscience nor the law to judge this case for her.

Mu Sochua said: “Today’s decision of the PPenh municipal court is a decision which I can see clearly that it was done according to an order issued by politicians, and this decision turned the innocent people into those who are sentenced instead.”

Mu Sochua added that the decision is political and it is not based on the law, and she said that the verdict is not one provided by a fair tribunal at all. The court decision is ordered by people in the high echelon. She said: “I regret very much that I did not receive justice in front of the law because the judicial system in Cambodia is not independent and neutral, and it is filled with influence from those politicians in power.”

She added: “A fair trial is an important goal that must be defended by a lawyer of my choice, not one who is pressured by politics. Therefore, the sentence handed down earlier is not one stemming from a trial, it is only an order issued by a politician. The sentence in which I lost while I am a victim is not acceptable by me.”

She said: “I demand justice. My stance remains the same, as long as I do not receive justice, I will continue to fight for justice. The court injustice and the political travesty of the judicial system affect so many innocent Cambodians, for a very long time already.”

Mu Sochua added that even if the SRP agrees to pay her fine, she still continues her case in court until she receives justice, and this justice is not only just for herself, but it is for all the population.
Read more!

Could Hun Xen win an unbiased court?

Mu Sochua, Cambodia opposition figure. [Robert Carmichael]

Hun Sen opponent loses defamation case

Tuesday, August 04, 2009
By Robert Carmichael, Phnom Penh
ABC Radio Australia


Cambodia's Prime Minister Hun Sen has won a defamation case against a former women's affairs minister.

Some observers say the case, one of a number brought against government critics, is part of a concerted crackdown.

A court in Phnom Penh fined the prominent opposition MP $US4,000 after ruling she had defamed Hun Sen.

Mu Sochua was sued after she brought a defamation case against him earlier in the year.

Her case was thrown out of court several months ago.

About half of the fine must be paid to Hun Sen and the rest goes to the state.

Cambodia's courts are subject to political interference, so observers had expected a guilty verdict.

The ruling follows the hearing 12 days ago when Mu Sochua told the court she would not testify in her defence since she could not find a lawyer to represent her.

Her previous lawyer was forced to quit after coming under intense political pressure.
Read more!

Opposition rejects the court decision


04 August 2009
Everyday.com.kh
Translated from Khmer by Socheata

SRP and HRP MPs issued a joint statement on Tuesday to firmly reject the verdict of the Phnom Penh municipal court that was handed down on 04 August. The court decided that Mrs. Mu Sochua must pay a fine and a compensation to Hun Xen, both of which amounts to 16.5 million riels ($4,125). The opposition statement indicated that Mrs. Mu Sochua should not be sentenced by an incapable and biased court, which in the defamation lawsuit brought up by Mu Sochua against Hun Sen and Mu Sochua’s lawsuit is supported by tangible proof, rejected Mrs Mu Sochua’s lawsuit instead. Mrs. Mu Sochua is a victim but the National Assembly turned around and lifted her parliamentary immunity and thereby removing her rights to defend herself. The statement called on the international community to continue paying attention and following up on the situation in Cambodia in order to prevent the abuse of defamation lawsuits and the abuse of the judicial system to counter the critics. The international community should push the government to bring to fruitful results the judicial reform, and the government must be determined to put into place all the principles of a plural democracy system.
Read more!

"It may be a judicial defeat, but it is a moral and political victory for us as the opposition": Sam Rainsy

Cambodian lawmaker found guilty of defaming PM

Tue Aug 4, 2009

PHNOM PENH (Reuters) - A Cambodian court ordered an opposition lawmaker to pay $4,100 in damages on Tuesday for defaming Prime Minister Hun Sen, provoking fresh concerns the government is using the judiciary to suppress its detractors.

The Phnom Penh Municipal Court ruled that Mu Sochua of the Sam Rainsy Party had defamed the long-serving premier when she tried to sue him over comments he made about her conduct during last year's election campaign.

Critics said the ruling reflected Hun Sen's determination to use the courts to muzzle the opposition.

"That was not justice in the courtroom. It was totally political," Sochua told reporters, who were banned from attending the court session.

"I will continue to fight until I get justice. Today, the court could have been a light for justice. The judge gave us darkness instead."

Sochua, who was nominated for the Nobel Peace Prize in 2005 for her work against the trafficking of women in Cambodia, and another lawmaker, Ho Vann, were stripped of their legal immunity last month and lost their seats in parliament as a result.

Vann is accused of spreading false information and faces three years in prison.

Newspaper editor Hang Chkra is serving a one-year sentence in Phnom Penh for writing about alleged government corruption. An opposition activist, Moeung Sonn, fled the country in June after being given a two-year sentence for questioning a lighting system at the famed Angkor Wat temple complex, the country's biggest tourism draw.

Another opposition newspaper shut down after 10 years of publishing to avoid government legal action.

Sara Colm of New York-based Human Rights Watch told Reuters on Tuesday: "This is the most serious crackdown on freedom of expression in years. The space for opposition media and peaceful dissent is rapidly shrinking."
"These lawsuits are a clear attempt to harass the opposition and prevent members of parliament from exercising free expression."

Colm urged donors, who provided nearly $1 billion in aid last year, to make the government aware of their concerns.

"Donors -- particularly those who have funded judicial and legal reform -- need to take a firm stand," she said.

Human Rights Watch also called for an end to using the judiciary as a tool to silence government critics.

Sam Rainsy, leader of the country's largest opposition party which carries his name, said the court ruling had drawn attention to Hun Sen's attempts to intimidate his opponents.

"It may be a judicial defeat, but it is a moral and political victory for us as the opposition," he said.

Hun Sen, a former Khmer Rouge guerrilla, criticised rights groups and foreign diplomats last month for interfering in Cambodia's affairs after they voiced concern about the removal of lawmakers' parliamentary immunity.

He has dominated Cambodian politics for more than two decades and won a landslide election victory in July last year.
Read more!

Hun Sen had "a long history of trying to muzzle Cambodia's political opposition and undermine the independence of the legal profession": HRW

Court rules politician defamed Cambodian PM

2009-08-04
Associated Press

A Cambodian court found an outspoken opposition legislator guilty Friday of defaming Prime Minister Hun Sen, despite complaints from rights groups that the lawsuit was aimed at silencing critics.

During a closed door hearing Tuesday, Phnom Penh Municipal Court Judge Sem Sakola found lawmaker Mu Sochua guilty and ordered her to pay 8.5 million riel ($2,000) to the state and another 8 million riel ($1,882) compensation to Hun Sen.

Mu Sochua said the ruling showed that the courts were at the mercy of powerful politicians, an allusion to Hun Sen who dominates the country's political scene.

"I do not accepted the ruling of the court," Mu Sochua said before marching with supporters two miles (three kilometers) to the headquarters her Sam Rainsy Party. "I am a victim in the case. I will continue the fight until justice is provided to me."

Outside the court, about 100 supporters of Mu Sochua clashed with police, with witnesses telling reporters that several were beaten with batons and kicked. No one was seriously injured.

The case against Mu Sochua was filed after she attempted to sue the prime minister after she claimed he made defamatory remarks about her during two speeches.

In early April, Hun Sen referred to an unnamed lawmaker as a "strong leg," a term seen by some in Cambodia as particularly offensive to women. Mu Sochua has said the speech clearly referred to her. She also denounced his remarks in another speech.

The Phnom Penh Municipal Court rejected her lawsuit in June, saying it was groundless, but it moved ahead with the prime minister's countersuit.

Cambodia's Parliament then stripped immunity from Mu Sochua and another opposition legislator who was being sued for defamation by Hun Sen and senior military officers. The two accused Parliament of serving the prime minister's interests as colleagues staged a walkout.

In June, the office of the U.N. High Commissioner for Human Rights in Cambodia and New York-based Human Rights Watch criticized the lawsuits against the lawmakers.

The U.N. in a statement said the lawsuits undermine the constitutional freedom of opinion and expression.

Human Rights Watch said Hun Sen had "a long history of trying to muzzle Cambodia's political opposition and undermine the independence of the legal profession."
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