A Change of Guard

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Tuesday 3 May 2016

UPDATED: CNRP lawmaker Um Sam An 'charged with incitement'



Content image - Phnom Penh Post
Opposition lawmaker Um Sam An is led in handcuffs. Photo supplied


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Manekseka Sangkum


Irrespective of who says or "incites" what, the whole border demarcation issue is about as clear and as transparent as mud! What is [and has been] so conspicuously lacking are transparency and factual information about this national matter of paramount importance. The border mapping issue predicates this non-accountability and lack of transparency in the overall political administration and governance, in the same manner that all other issues - from land grabbing, rubber-stamp parliament, politically aligned judiciary and unconstitutionally granted ELCs to pervasive official corruption, are all features of the same abuse of power and governmental responsibility. Thus, it's not for dissidents and critics to be locked up for fermenting disquiet and or "inciting" anti-government feelings among the public, but rather it is the onus and obligation on the part of the ruling state to remove doubts, clarify and address the underlying root-causes giving rise to those suspicions and tensions in the first place.   


PS: Would the Post writer clarify the remark in red below as to what is meant by the suggestion that '...an independent audit of the border demarcation process is ongoing.'? What is the identity of the people or person doing this so-called ‘independent’ audit?

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AnonymousAnonymous said...
 
ឃើញទេ គាត់ជាកូនខ្មែរដែលស្រឡាញ់ជាតិ ខ្លាចបាត់ទឹកដីខ្មែរ មិនមែនរបស់គាត់ផ្ទាល់ទេ គឺរបស់ខ្មែរ តែត្រូវគេចាប់ចង ដូច្នេះ ហើយគេចោទថាក្បត់ជាតិ គាត់ជាដំណាងរាស្រ្ត គ្មានទេអភ័យឯកសិទ្ធ ឯណា ឃើញទេ? គឺយួនវាធ្វើដូច្នេះ ព្រោះគាត់ទាមទានឹងមិនព្រមឲ្យដីទៅយួន បើគាត់មិននិយាយឬទាមទា គេក៍មិនចាប់ដែរ ហើយអ្នកដែលព្រមឲ្យដីយួន គេសុទ្ធតែឡើងជាស្តេច តើខ្មែរទាំងអស់មើលឃើញទេ? ហើយថាត្រូវធ្វើម្តេច?
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UPDATED: CNRP lawmaker Um Sam An 'charged with incitement'
ppp Mon, 11 April 2016
Mech Dara

While the government, at the height of the border controversy last year, requested maps from the UN and held a ceremony insisting that the maps verified their own, an independent audit of the border demarcation process is ongoing.


Outspoken opposition lawmaker Um Sam An, who has incurred the government’s wrath in the past with his strident criticism of its Vietnam border policy, was sent to court on Monday afternoon after hours of questioning by anti-terrorism police at the Ministry of Interior.

Immediately following the questioning at the ministry, Sam An said he had been charged with “incitement to cause chaos in society”, though it was unclear whether the charge had been made official by the court.

“This is an injustice,” Sam An told reporters after his questioning, adding that he had “no regrets, and I planned and prepared for this”.

Sam An was arrested the night before in Siem Reap shortly after arriving back in the country, and was taken to the anti-terrorism department of the Ministry of Interior this morning.

Saron Sam Oeun, deputy provincial chief of security, confirmed the arrest but declined to comment on why Sam An – who holds parliamentary immunity as National Assembly representative – was being arrested or who gave the order.

“We arrested him in front of the Canadia Bank at 12:40am last night while he was withdrawing money, and we had used a lot of forces including police and military police,” he said. “He did not fight back when our authorities arrested him, and we have sent him to the Ministry of Interior.”


Sok Kim Seng, an opposition Cambodia National Rescue Party Siem Reap provincial councillor, said police had surrounded his house for hours looking for Sam An.

“There were 40 police and military police surrounding my house from 9:30pm until 12:30am, and they took me at 12:40am to provincial police headquarters because they suspected that he stayed with me … They had checked my calls,” he said. “They tried to ask me ‘where is Um Sam An?’”

“Their actions violated my rights…and threatened me,” he added. “They killed two birds with one stone – they arrested Sam An and they threatened me.”

The Cambodia National Rescue Party, in a statement, called for Sam An’s immediate release and condemned the arrest as a “serious violation of the principle of parliamentary immunity, a principle enshrined in the Constitution”.

Parliamentary immunity has been no obstacle for police in the past, however, and government officials on Monday were quick to assert that they were within their rights in arresting Sam An, citing a constitutional clause that allows for the prosecution of a lawmaker if they are caught “in flagrante delicto”, or in the act of committing a crime.

“It is just like previous people, like Hong Sok Hour, because he had disseminated information just like him, and we know what his actions were,” Interior Ministry spokesman Khieu Sopheak said yesterday, referring to the jailed opposition senator arrested under the same legal justification for allegedly posting portions of a “fake” border treaty with Vietnam.

Sok Hour’s arrest was widely criticised as politically motivated, and observers at the time suggested it was an abuse of the “flagrante delicto” clause.

Sopheak added yesterday that Sam An “said the government used a fake map [for border demarcation]; even though we had invited UN experts to demonstrate and verify it, he still continued to say it. What he wanted was for people to hate the government by using the border issue to make people rise up to topple the government.”

“This is a red-handed crime, and they apprehended him immediately … despite his parliamentary immunity,” he added.

While the government, at the height of the border controversy last year, requested maps from the UN and held a ceremony insisting that the maps verified their own, an independent audit of the border demarcation process is ongoing.

Justice Ministry spokesman Chhin Malin echoed Sopheak’s line of reasoning, and insisted there was “no conflict with the law” in arresting Sam An.

Since Sam An had posted the offending remarks publicly, he said, “everybody has seen, known and heard [about them] … therefore we can call this a red-handed case”.

Sam An’s parliamentary immunity has been threatened in the past by ruling party lawmaker Chheang Vun. Last July, Vun said that a four-day investigation of Sam An’s criticism of National Assembly President Heng Samrin – who had previously refused to forward a letter about the border to Hun Sen – found that Sam An had “acted wrongly”.

Vun declined to comment at the time on what law had purportedly been broken.

Last September, Sam An was also allegedly named in a court complaint relating to violent scuffles that broke out between opposition supporters and Vietnamese soldiers and civilians during a border visit.

However, the person named as the plaintiff in the case said she had never filed the suit, and didn’t want to pursue it. Nonetheless, she said at the time, she was grilled by a Svay Rieng prosecutor as to whether Sam An and fellow CNRP lawmaker and border activist Real Camerin had led the visit, though the prosecutor refused to tell her the nature of the complaint she was purported to have filed.

19 comments:

Anonymous said...

Hi Khmerization It's so unfair for him because He just make a point that YUON is taking Cambodian land and than YUON clan Jail him but when YUON clan in LONG BEACH beat up a US citizen than they're get away with it. Khmerization and KI should make petition with INS to deport all of Hun Sen clan to Cambodia because they all like Hun sen to much. Please do it because hun sen make up some thing from nothing and we have US citizen get beat up and let them get away like that . It should be all of his clan reasonable for that action.

Anonymous said...


It is so shameful to see Khmer Leukeu Hun Sen imprisons any Khmer who dares to raise the border issues with the evil Yuon.

Now, Khmer people understand why Cambodia land has been getting smaller and smaller: the leaders such as Hun Sen and Sihanouk are so dumb.

In addition, some so called politicians such as Mam Sonando, Khem Oth Veasna, Suon Kbal Thom Serey Ratha, etc have sold their souls to Yuon too.

Where is Um Sam Ath's parliamentary immunity?

Chhary

Kim Ea said...

This phenomenon happened any times and occasions in this mafia dictator regime . They use mouth order to replace or bypass court, judges,prosecutors to smack some one who dare to stand up and exposed his wrong doing in Khmer affairs . This unlawful feathers often can short cut the lawful procedures in favor of modern trivial court in a well cover up in manipulation scheme , and put a civilians victims in jail without any conviction . We're all Khmer citizen known that quite well, if an infidel PM order to arrest some one they don't agree with their assertions,or they don't please with their harsh criticism , the securities forces ( compose of well paid thugs ), the polices ( well paid third hands criminals )or cronies judges just hurried arrested without court order papers or thoroughly examined the case . Sometime they even send them to prison immediately with no any formal court relent procedures . It is not far different from shooting them first and ask question later . This is a rare modern Khmer dictatorship in democracy style of governing .

Anonymous said...

No Gut, no glory !!!

Um Sam An is our Khmer hero who dares to stand up for principal.

Anonymous said...

This evil doer Yuon is genius at destroying Cham people and now Khmer people.
Yuon has been using Khmer hands such as Ah Kwack Hun Sen and Ah Kwen Heng Samrin to kill Khmer or suppress Khmer.

When will these Kbal Yuon Khluon Khmer go to hell?

Ah Kaun Mi Chor Kbal Yuon are so cheap.

Anonymous said...

តំណាងរាស្រ្ត as opposed to ដំណាងរាស្រ្ត?

Chuon Nath's Khmer-Khmer Dictionary
តំណាងរាស្ត្រ ( ន. ) [តំណាង-រាស]
អ្នក​ធ្វើ​អ្វីៗ ដើម្បី​រាស្ត្រ, ជំនួស​រាស្ត្រ, បម្រើ​រាស្ត្រ, ជា​តំណាង​ប្រទេស​ជាតិ​ទាំង​មូល ពុំ​មែន​គ្រាន់​តែ​ជា​តំណាង​ប្រជាពលរដ្ឋ​ក្នុង​មណ្ឌល​របស់​ខ្លួន​នោះ​ទេ ។

Anonymous said...




Hun Sen's behavior reflects a 'form of sickness'.


Anonymous said...

Keep going Ah Norouk Hun Sen.
You have done an excellent job for your master Yuon.

Anonymous said...

All you know Hun Sen is bad for Khmer and serve YUON very good but what can every Khmer do? for along time all of bad words that you through at Hun sen is mean nothing for him and He will not change and I think with out EU and US help than nothing going to change and will be get worse and worse .

Anonymous said...

07:13

Dealing with the Puppet Hun Sen is at best fruitless, we must go after the Hanoi Puppeteer.

To solve Khmer problems, prosecute
Hanoi key leaders.
When the CNRP earns the mandate from the Khmer people after the 2018 election, its leaders may need to resort to Plan B.
The question now is " Is there such a Plan B ? "

Anonymous said...

Ah Hun Sen or Ah Dombol Yor Hun Sess,

Everything has limit.
Khmer people's patience is about to run out.
You are still a Yuon's puppet. Stop denying it Ah Choss Kauot.

Gadafi wants you to be his roommate in hell. He will come to pick you up later this year or next year.

Anonymous said...

2 May 2016 at 12:14
Khmer people need to vote him out.
But some crazy people such as Mam Sonando might help Hun Sen by splitting a little bit the CNRP's supporters' votes.

Anonymous said...

17:17

Refer to poster 14:25

Anonymous said...

Kong Hearn 2016. You think stupid act like um Saman is your hero. ..

he is a trouble maker . A child a stupid child who love to play crazy stuff. Let me say it a gain um Saman is a madness child. OK he is a 12 years old stupid child. ..you got me clear now. right.

Anonymous said...

17:17

Refer to poster 14:25

2 May 2016 at 18:07




Dealing with the Puppet Hun Sen is at best fruitless, we must go after the Hanoi Puppeteer.

To solve Khmer problems, prosecute
Hanoi key leaders.
When the CNRP earns the mandate from the Khmer people after the 2018 election, its leaders may need to resort to Plan B.
The question now is " Is there such a Plan B ? "

2 May 2016 at 14:25


In my opinion, here is plan B

We knew already that Hun Sen is not going to relinquish his power when he lost this next election.

Again we will launch a nationwide peaceful demonstration demanding Hun Sen to abide by the result of the election.

This time there will be no more compromise or negotiation with the CPP. The CNRP must stand firm and ready to sacrifice their life if the CPP violently suppressed the demonstration.

We must realize that we cannot liberate our country from Yuon without losing any people. But we must sacrifice our life at the right time with the right reason. Yuon had lost many lives too when it invaded and conquered Cambodia in 1979.

And sacrificing our life after the CNRP won the election is the right time with the right reason.

When the death arisen from the peaceful demonstration demanding Hun Sen to transfer the power reached a sizeable number, the international community will have no choice but to intervene to help Khmer people one more time.

In brief, the plan B that you suggest to have will work if and only if the CNRP won the election first. Khmer people must stay united with the CNRP in order to achieve this goal.

Bun Thoeun

Anonymous said...

brief, the plan B that you suggest to have will work if and only if the CNRP won the election first. Khmer. ple must stay united with the CNRP in order to achieve this goal.

You idiots buntheurn ignited another's chaos and arousing hatred that'll driving people to war. You idiots buntheurn creating best advantage to both khmrr enemies the Youn and Siam to re conquer us during these Chaostict moment, rights?


And what happening if youn or Siam at tacking Khmer can Khmer army could afford to defense or stop them... Gi........ve me your answer.............................?

And what happening if Hun sen fight back. Millions of people's will destroy Cnrp with in hour .right,? isn't it true.

And how do you expect any successful from both Childish 13 years old Rainey and Sokha. ....Zer.......ooooooo, right.

Now idiot buntheurn you clearly see your stupidity plans B is a craziness plans and a destructive plans ., rights. Isn't that clear. ..Mike

Anonymous said...

Dear Bun Thoeun,Other Khmer Sisters and Brothers,

Definitely without saying, the CNRP must first win the 2018 election.
With all considered, in spite of the CPP's " roadblocks ", the Khmer people
will be overwhelmed and vote for the CNRP.

Going forward, the Plan B must now start.
Armed with the mandate of and from the Khmer people, the leaders of the CNRP must act all, but not limited to the followings:

1. Mobilize and coordinate peaceful mass demonstrations in Phnom Penh and in
all provinces SIMULTANEOUSLY.
2. As synergism, preferably Mr. Sam Rainsy must solicit the support and
help from the signatories of the 1991 Peace Accords, by especially underlining the facts that a signatory Vietnam systematically and persistently violates the solemn spirits of the Accords.
3. When the body counts reach a certain number, the signatories WILL come to
our rescues.
4. The UN will convene an emergency session and impose severe ultimatums, including personal sanctions on Hun Sen & cronies, and some Hanoi key leaders.
5. Once the CNRP forms its own government, Cambodia then shall make a military alliance with the traditional enemy of Vietnam, China.

The elusive good timing and the good causes are now ripe for actions.
If Yuon are willing to lose their lives to invade somebody else's country,
why are we Khmers afraid or reluctant to defend our Motherland ?


A Khmer Patriot

Anonymous said...

A Khmer Patriot

3 May 2016 at 10:58


Thank You Khmer patriot for elaborating on that plan B.

Bun Thoeun

Anonymous said...

You're very welcome, Bun Thoeun.
We have a rough road ahead, but the long sought destination
is our ultimate and noble goal.

A Khmer Patriot