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Mr. Ho Vann.
Mr. Hang Chakra, left.| BANGKOK, July 2 (TNA) - Thailand’s Deputy Prime Minister Suthep Thaugsuban (pictured) on Thursday urged every concerned party to help reduce tensions at the ancient Preah Vihear temple on the Thai-Cambodian border. Mr. Suthep, who visited the Cambodian capital of Phnom Penh and held talks with Prime Minister Hun Sen last Saturday, said senior military officers of the two countries would have to find solution on troop reductions at the temple as well as how many troops from each side would be reduced. "In my opinion, there is no tension at the Thai-Cambodian border," he said, adding that he would again travel to Cambodia this Saturday to jointly preside over the opening ceremony of a highway, financed by the Thai government. He said he would meet Premier Hun Sen again at the ceremony. During discussions with Mr. Hun Sen on Saturday (June 27), Mr. Suthep said he and the Cambodian government leader agreed that boundary experts of both countries should hold talks to settle the problem and the two countries should expand cooperation for the benefit of people of the two nations. (TNA) |
A live feed of Norng Chan Phal speaking during the trial of former Khmer Rouge chief torturer Kaing Guek Eav, also known as Duch, in the outskirts of Phnom Penh July 2, 2009. Norng Chan Phal is a child survivor of the notorious S-21 prison. REUTERS/ECCC/Handout (CAMBODIA POLITICS CONFLICT SOCIETY) FOR EDITORIAL USE ONLY. NOT FOR SALE FOR MARKETING OR ADVERTISING CAMPAIGNS
PHNOM PENH, Cambodia -- A man who was a child prisoner at a notorious Khmer Rouge torture center 30 years ago testified Thursday at the trial of the facility's commander that he hid under a pile of clothes to escape a final purge of inmates before Vietnamese troops ended the regime's reign of terror.
Norng Chan Phal, now a 39-year-old father of two, was eight when the Vietnamese stormed the capital, Phnom Penh. He was held at the S-21 prison, where some 16,000 men, women and children were brutally tortured before execution.
An estimated 1.7 million Cambodians died from forced labor, starvation, medical neglect and executions under the 1975-79 Khmer Rouge regime.
Norng Chan Phal testified at the trial of prison commander Kaing Guek Eav, alias Duch (pronounced DOIK), that his father was first taken away to the prison, and that he was later taken there with his brother and mother, whom he glimpsed behind bars one last time before she disappeared, and presumably was executed.
"I could see her on the second floor, holding her hands on the bars of the window, looking at me, and she did not say even a single word to us," Norng Chan Phal said.
He broke down weeping several times while speaking of his parents, prompting his lawyer to ask for a five- minute recess so he could compose himself. Chief Judge Nil Nonn urged him to be strong and carry on and said his testimony was the best chance for him to share the story of his parents and his suffering.
Duch is the first senior Khmer Rouge figure to face trial, and the only one to acknowledge responsibility for his actions. He is charged with crimes against humanity, war crimes and murder, and could face a maximum penalty of life in prison; Cambodia has no death penalty.
Four other senior Khmer Rouge leaders are also in the tribunal's custody awaiting trial.
The court heard emotional testimony this week from a handful of S-21 survivors, whose skills helped spare their lives.
Two men, now in their 60s, painted portraits of Khmer Rouge leader Pol Pot and other communist leaders that glorified them as heroes. Another, now nearly 80 years old, endured beatings, electric shocks and had his toenails pulled out. He was spared death because he was able to fix cars, tractors, sewing machines and typewriters.
Norng Chan Phal recalled Thursday his arrival with his brother at S-21 and how he didn't realize it was a prison. After his mother was put in a cell, the siblings were housed with carpenters in the prison's back yard, where they survived for a year on meals of porridge, he said.
When soldiers from Vietnam - which had invaded Cambodia after a series of bloody border clashes - were on the verge of capturing Phnom Penh in January 1979, Duch, according to his own earlier testimony, carried out orders to kill all the remaining prisoners. Staff were ordered to evacuate the city.
The former jailer told the court after Norng Chan Phal's testimony that he could not have been a prisoner there because no children had survived. The extensive files left behind at the prison list Norng Chan Phal's father as a prisoner, but not him or other family members.
Norng Chan Phal said that he and his brother hid under the pile of clothes among broken furniture in the prison's backyard as Vietnamese forces approached.
In the hours before the Vietnamese arrived but after the Khmer Rouge left, he said he frantically looked for his mother.
"I climbed to the second floor but I could not see my mother, then I ran to the next building and I saw people lying inside the room. I could seeing them lying with blood and I was scared and I was crying and kept running, searching for my mother," he said.
PAILIN, Cambodia -- Don't ever accept an invitation to go fishing in Thailand. You might not come back.
Almost daily, bodies are washing ashore along the coasts of Thailand, Malaysia, Burma, Cambodia. These are unfortunate migrants, most of them from here in Cambodia. These people were sold to Thai fishermen who took them out to sea, worked them until they starved to death and then threw them overboard. It happens all the time.
The problem got so bad that the United States Senate's Foreign Relations Committee and the United Nations both but put out reports in recent weeks excoriating Thai and Malaysian authorities for selling Cambodian and Burmese migrants to Thai boat captains, sending them to a near-certain death. "If they are unable to pay for their release," the Senate report said, "the refugees are sold into forced labor, most commonly on fishing boats."
When they die, from overwork or starvation, their bodies are thrown to the sharks. In most cases, no one knew the victim was on the boat, and so no one claims the body if it washes ashore.
The general told me about this last year. But the United Nations report shows that the hideous problem continues at full force even now. It quotes several Cambodians who watched fishermen decapitate captives or throw them overboard. Several governments, not just Thailand's, are at fault. And by all accounts, the economic crisis is exacerbating the problem.
Until just now, the Cambodian law governing trafficking did not even recognize men as potential victims. The laws were written to protect women and children drawn into sexual slavery. But in June, the government in Phnom Penh announced that it was revising the statute.
"Today we change our strategy also to focus on men," Kong Chhan, a deputy director in the Ministry of Social Affairs, told the Phnom Penh Post.
Now we can only wait for Thailand to change its strategy.
Most of the news you hear from Thailand these days involves the riots and demonstrations to overturn whatever government happens to be in power. No one talks about the fishing-boat problem. The fishermen pay off the police. The police then cover up the crimes, and so hundreds of victims continue to die month after month.
If a victim manages to survive, then Thailand is well-equipped to care for him and then use international agencies to help send him home. The Thai government has shelters and administrators whose jobs are to help human-trafficking victims. I have seen them. The shelters are quite nice. And that serves as a stark illustration of a noxious paradox that afflicts human-trafficking enforcement in Thailand, Cambodia and much of the world.
When human trafficking first came into focus for law-enforcement a decade ago, legal and political officials everywhere put primary emphasis on protecting the victims the people who were lured into slavery and abused. Stories a decade ago of police and immigration agents jailing and then deporting the trafficking victims along with their captors horrified human-rights advocates, and their complaints were quite influential when the first human-trafficking laws were drafted.
That victim-oriented approach has held firm all these years, and "it has proved to work perfectly for the Thai," said Lance Bonneau head of the International Organization of Migration office in Bangkok, his tone oozing disgust. His organization works with the Thai government to send trafficking victims back home to Cambodia, Burma just as other IOM officers do all over the world.
"If you 'save' the victim," Bonneau told me, "there's no pressure to go after the traffickers" who are paying off the police. "It doesn't upset any of the arrangements the police have" with the fishing boat captains, the brothel and dance-club owners or others who enslave hapless victims. The traffickers can pursue their unconscionable work; the police can continue taking their kickbacks.
When the State Department researches its annual Trafficking in Persons report each year and asks Thailand what it is doing to fight trafficking, the Thai can point to their anti-trafficking laws and to those lovely shelters for victims. Usually, that's enough to save Thailand from a poor rating.
Thailand officials responded to the Senate and United Nations allegations with angry denials. Maybe in Washington's next report, it will look a little deeper at Thailand.
ABOUT THE WRITER
Joel Brinkley is a former Pulitzer Prize-winning foreign correspondent for The New York Times and now a professor of journalism at Stanford University. Readers may send him e-mail at: brinkley@foreign-matters.com
Cambodia's Prime Minister Hun Sen makes a speech at Kamport province, 146 km (91 miles) west of Phnom Penh July 1, 2009. REUTERS/Chor Sokunthea (CAMBODIA POLITICS)
Cambodia's Prime Minister Hun Sen gestures during a speech at Kamport province, 146 km (91 miles) west of Phnom Penh July 1, 2009.
Thai troops, seen in the background, stand watch as Cambodian Buddhist monks enter their abode at Wat Keo Sekha Kirisvarak pagoda on 17th July, 2008.Translated from Khmer by Socheata for Ki-Media
A video grab shows Norng Chan Phal, a former child survivor of the infamous Tuol Sleng Khmer Rouge prison, weeping as he told Cambodia's war crimes court of his harrowing separation from his mother at the jail. (AFP/Tang Chhin Sothy)By Suy Se –
PHNOM PENH (AFP) — A former child survivor of the Khmer Rouge regime's main torture centre sobbed Thursday as he told Cambodia's war crimes court of his harrowing separation from his mother at the jail.
Norng Chan Phal, who was around nine years old at the time, also described seeing bodies when Tuol Sleng prison was finally liberated after invading Vietnamese-backed forces toppled the 1975-1979 movement.
He was testifying at the trial of jail chief Duch, who is accused of overseeing the torture and execution of around 15,000 people who passed through Tuol Sleng.
"I could see my mother on the second floor with her hands on the bars of the window looking at me and she did not say even a single word to us," Norng Chan Phal said of the last time he and his younger brother saw her.
Norng Chan Phal, now 39, said they had been promised they were going to meet his Khmer Rouge cadre father, but they were locked in a room on their first night at Tuol Sleng and would never see him.
Asked by judges to respond to the testimony, Duch admitted the witness' father died at the hands of his staff.
"I would like to acknowledge... the suffering and the separation of Mr. Norng Chan Phal," Duch said.
But he told the court there was no record of Norng Chan Phal's mother at Tuol Sleng, and suggested they were more likely jailed at another security centre.
"Yes, children were detained there (at Tuol Sleng). But none survived," Duch said.
Norng Chan Phal, however, provided vivid testimony about his terror as Tuol Sleng guards threatened, beat and photographed his mother.
"When my jeep took us to that location, I and my brother were happy because we could ride on a jeep. But then we were threatened and my mother was forced to get off the jeep and she was not very well," he told the court.
"They (Khmer Rouge cadres) slapped her and she was kicked and she fell down on the floor before she could stand up to be photographed," he said, wiping his tears with a tissue.
He and his brother were then separated from his mother the next day, he said.
Vietnamese-backed troops have stated they found the two brothers hiding along with three other children in 1979 at the prison, a former high school.
Norng Chan Phal said the youngsters at Tuol Sleng were placed under the care of an old woman at a workshop and usually given two meals per day, but they remained "very hungry," never bathed and were not permitted to wander.
In April 1979, when the Khmer Rouge regime collapsed, the back entrance of the prison was flung wide open and "there seemed to be a rush" of people leaving Tuol Sleng, he said.
He remembered that the old woman insisted he leave through the back gate, but he hid near a pile of clothes instead.
"I was behind the building. I was looking and waiting to see my mother," he said. "I saw an opened door and climbed upstairs to the second floor to look through the opened door, but I could not find my mother."
Norng Chan Phal said he then ran to the adjacent building and stumbled on a gruesome scene.
"I saw people lying inside the room and maybe they already died, although they were not swollen. I could see them lying on the beds and there was blood and I was scared," he told the court.
The 66-year-old Duch begged forgiveness from the victims near the start of his trial for war crimes and crimes against humanity after accepting responsibility for his role in governing the jail.
But Duch, whose real name is Kaing Guek Eav, has consistently rejected claims by prosecutors that he was a central figure in the hierarchy of the Khmer Rouge and says he never personally executed anyone.
Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia's cities in a bid to forge a communist utopia. Up to two million people died of starvation, overwork, torture and execution during the regime.
Four other former Khmer Rouge leaders are in detention and are expected to face trial next year.
A journalist takes a picture of a live feed of Norng Chan Phal speaking during the trial of former Khmer Rouge chief torturer Kaing Guek Eav, also known as Duch, in the outskirts of Phnom Penh July 2, 2009. Norng Chan Phal is a child survivor of the notorious S-21 prison. REUTERS/Chor Sokunthea (CAMBODIA CONFLICT CRIME LAW)Phnom Penh - A former child prisoner at a notorious Khmer Rouge torture facility wept Thursday as he described to Cambodia's UN-backed war crimes tribunal the last time he saw his mother before she was murdered by the Maoist regime.
Norng Chan Phal, 39, who is one of just a handful of survivors from the S-21 prison in Phnom Penh, told the court he was separated from his mother shortly after they arrived with his brother at the school-turned-torture facility in 1978.
'Then one day when we were in the yard, I could see her on the second floor holding on to the bars and looking,' he said. 'She did not say a single word to us.'
His testimony came in the trial of former S-21 torture facility chief Kaing Guek Eav, known by his revolutionary alias Duch, who faces charges of crimes against humanity, premeditated murder and breeches of the Geneva Conventions.
At least 15,000 men, women and children were imprisoned and tortured at S-21 before being sent to be murdered at the Choeng Ek 'killing field' on the outskirts of Phnom Penh.
Duch is one of five former Khmer Rouge leaders facing trial for their roles in the deaths of up to 2 million people through execution, starvation or overwork during the group's 1975-1979 rule.
He has admitted guilt and apologized for his crimes, but his defence lawyers have sought to prove he was merely acting on the orders of his superiors.
Norng Chan Phal said he was imprisoned with his mother and brother after Khmer Rouge soldiers arrested his father and took him from their village.
He said he did not know what happened to his father after they were taken to the prison but he never saw him again.
But documents shown in court Thursday revealed his father was also detained at S-21.
'We slept on the floor in the workshop and were forced to eat gruel,' he said of his few months of imprisonment at S-21. 'I knew that if I had stayed there long, I would have become sick and died.'
The father of two wept as he recalled seeing guards pushing and beating his mother, saying he was 'terrified of them.'
Presiding Judge Nil Nonn interrupted the testimony and told the witness to compose himself.
'This is your opportunity to tell your story, so please use the time you have to do this,' he said.
Norng Chan Phal described the chaotic scene at the prison on the day the Vietnamese invaded in January 1979 and guards fled, leaving tortured bodies strapped to beds and no food for the surviving prisoners.
'I tried to find my mother, and I looked for her on the second floor where I saw her, but I could not find her anywhere,' he said.
But in a statement to the court, Duch argued there was insufficient evidence to prove the witness and his mother were ever detained at S-21.
He said there were no photographs or other documents proving Norng Chan Phal's mother had ever been arrested or interrogated at the facility.
'If we can find the S-21 biography of his mother then I would accept his full testimony and I would acknowledge any document proving his mother was there,' he said. 'But probably his mother suffered at a different security centre.'
He said former chief ideologue Nuon Chea, who is also facing trial, had ordered that 'no one be spared' at the centre during the Khmer Rouge's final days and that only four adult prisoners had survived.
Three other S-21 survivors have appeared before the tribunal this week, and judges have allowed them to directly question their former jailer.
Bou Meng, a 68-year-old artist who survived S-21 after being ordered to paint portraits of Khmer Rouge leader Pol Pot, on Wednesday begged Duch to tell him were his wife had been murdered so he could 'collect her ashes and pray for her soul.'
Duch replied that he did not know where she was murdered, but it was probably at the Choeng Ek killing field.
The trial began in February, and if convicted, Duch faces a maximum sentence of life in prison.
General Tea Bah, deputy prime minister and national defense minister, appointed Chhom Socheat, a three-star General and under-secretary of state for Defense Ministry as spokesman for the ministry, the Khmer Language newspaper Rasmei Kampuchea quoted the statement from Defense Ministry as saying.
"In the past, events especially the information about military actions such as the actions at areas near Preah Vihear temple were classified as a sensational information and have not been provided clearly and accurately," Chhom Socheat said.
"And from now on, we will provide information from ministry and welcome questions from foreign and local media," Chhom said.
| Editor: Wang Guanqun |
The area bordering Cambodia includes ten provinces. Among them, Kon Tum , Gia Lai, Dac Lac and Dac Nong are located in the Central Highlands, the others are to be found in the southeastern region, consisting of Binh Phuoc, Tay Ninh, Long An, Dong Thap, An Giang and Kien Giang.
It is estimated that by the end of 2020, the total population of the region will reach 16.51 million, of which, between ten to 11 million will be of employable age.
According to the plans, by the end of 2020, the region will be built into a key economic center of the whole country, serving as a springboard for the development of agriculture, forestry and hydroelectricity
It will not only become an important gateway for road, river and air traffic in the west and southwest region of Vietnam, but also a major economic hub, where goods, commodities, services and tourism will be traded among Mekong Delta countries and the East Sea region.
| PM Nguyen Tan Dung |
By 2030, the region will be developed into a key national and international marine economic center.
Its important position will have a special influence on regions in the Central Highlands, especially those located in the central and south Vietnam and those lying along the coastline of Thailand gulf.
The region will also see the largest nature reserves, as well as the largest center that preserves national cultural values of the whole country and serves as one of the key tourism centers in the ASEAN region.
Subject to the plans, the region will be built in two separate sub-regions.
One is in the west eastern Vietnamese –Cambodian border and the other in the Central Highlands with big urban centers in Buon Me Thuot, Pleiku and Long Xuyen cities.
The plan also specifies the building and development of necessary infrastructure in the sub-regions and provides for investment incentives.
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The number of tourists coming to Cambodia from other countries also increased, 69,000 from the US (up 1.4 percent), 50,000 from the UK (up 15.8 percent) and 47,000 from France (up 5.5 percent).
Tourists coming from Laos to Cambodia rose to 41,000, up 149 percent compared to the same period last year. The sharp increase was due to Cambodia’s simplifying customs procedures and improving road links between the two countries.
However, the number of tourists coming from China, Japan, the Republic of Korea, Thailand and Australia to Cambodia in recent years has not seen any significant increase.
By the end of May, Cambodia had attracted 950,000 visitors, down 2.3 percent against the same period last year.Later the same day, the delegation held talks with delegates from Cambodia’s Supreme Court led by its general prosecutor Chea Leang.
Ms Chea Leang highlighted the visit, stating that it is a turning point in boosting cooperative relations between the judiciary agencies and prosecutors of both countries.
Ms Khiem briefed Ms Chea Leang on the recent activities carried out by Vietnam’s people’s procuracy and its judicial sector. She asked Cambodia to step up cooperation in training judiciary officers and emphasized that there is an urgent need for better cooperation amongst provinces in border areas to prevent trans-national crime.
Ms Khiem also extended an invitation to Cambodia’s Supreme Court to attend the upcoming China-ASEAN Prosecutors General Conference which will be held in Vietnam in November.
For her part, Ms Chea Leang spoke highly of Vietnam’s proposals, and expressed her wish that both countries will hold more seminars and training courses for judiciary officers and increase exchanges.
During the five-day trip, the Vietnamese delegation will pay a courtesy visit to Cambodia’s Ministry of Justice, Prime Minister Hun Sen and other senior officials from Cambodia’s Supreme Court.
| The major youth unions of Vietnam and Cambodia have signed a memorandum of understanding to boost exchange of information and experiences on activities they undertake in the 2009- 2010 period. |
The agreement was signed in the Cambodian capital of Phnom Penh by representatives of the Ho Chi Minh Communist Youth Union (HCYU) and the Youth Association of Cambodia (YAC). The signing marked an official visit to Cambodia by Lam Phuong Thanh, Secretary of the Central Committee of the HCYU, from June 27-July 1. The two sides agreed to enhance the effectiveness of their cooperation activities and exchanges at both national and provincial levels. Reported by Quoc Hung |
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These houses were built for Vietnamese fishermen in two communes in Kal Dieng district, Pursat province, to hold meetings, cultural activities, wedding parties or memorial ceremonies.
The house for Vietnamese fishermen in Koh Keo commune is worth US$10,000, covering over 60 sq. m. while the other for those in Koh K’Ek commune was built at a cost of US$8,000.
This is the second time Kal Dieng district has received floating houses from their homeland. The two previous houses are used as Vietnamese language classrooms, one of which was a gift from the late Prime Minister, Vo Van Kiet.
Nguyen Thi Lien, Deputy President of the Kien Giang provincial Association in Support of Poor Patients, promised to raise more funds back home to help upgrade the two old floating houses.
Student with new bike |
MasterCard in conjunction with Hotel de la Paix, Cambodia are now giving travellers even more options to give back to the community through the Purchase with Purpose platform.
Purchase with Purpose is MasterCard’s overarching social responsibility program in the Asia/Pacific, Middle East and Africa region, with a key focus on women and children.? Under the Purchase with Purpose program certain purchases from MasterCard members then result in charitable initiatives from the company.
Under the scheme, one initiative made in conjunction with Hotel de la Paix which took place between the 1st of October and 31st of December 2008, saw every room paid for with a MasterCard card eventuate in a bicycle donated from MasterCard to the hotel’s pushbike for kids travelling to school initiative.
More recently, MasterCard sponsored ten women for the ten-month Hotel de la Paix Sewing Training Centre Program, which will see them garner skills in sewing, English, as well as basic education to set up their own business.
“Cambodia is one of the poorest countries in the world with more than 30 percent of the population still living in extreme poverty. In addition, women are disadvantaged as they do not enjoy equal access to education and paid employment,” remarks Georgette Tan, MasterCard VP Communications Asia/Pacific, Middle East & Africa.
“We commend the efforts of Hotel de la Paix in helping these women and are glad to be contributing to this initiative.
“This initiative is part of our broader commitment to women?s advancement and we look forward to seeing these women stand on their own feet to support themselves and their families,” she adds.
Other MasterCard Purchase with Purpose include MasterCard–Great Singapore Sale Shop for a Cause night, which saw 20 people given SGD2,000 pre-paid cards to spend on items for their chosen charities, as well as the Live Green, Shop Green movement in China which targets women and calls on them to reduce their consumption of plastic bags.

Gen. Chea Morn (R) and Gen.Wiboolsak Neparn signed a non-aggression agreement in Siem Reap on the 24th of October 2008.
On June 25, both sides stepped up reinforcements at the disputed border after the Thai government announced it planned to ask the UNESCO to review the World Heritage status given to Hindu Temple of Preah Vihear during the UNESCO committee meeting in Spain last week.
UNESCO's inscription of the temple in July last year is against the UNESCO's regulations and spirit since it has created a dispute between Thailand and Cambodia, the Thai government said.
Kasit said that in the past the leaders of the two countries held meetings and if there was any problem, the two sides agreed to negotiate peacefully, according to a report of the Thai language news agency.
"It is the responsibility of the army of each country whether to withdraw troops along the border area, but I believe neither country wants another clash," Kasit was quoted as saying by the Bangkok Post's website.
It was possible the Cambodian government has misunderstood the Thai intention in asking the World Heritage Committee to review Cambodia's unilateral listing of the 11th-century temple as the world heritage site, Kasit said.
On June 26, Thai Prime Minister Abhisit Vejjajiva said Thailand's opposition to UNESCO's listing of Preah Vihear Temple as the World Heritage Site has nothing to do with Cambodia.
Abhisit explained the case is a matter between Thailand and the United Nations Educational, Scientific and Cultural Organization or UNESCO.
Thailand and Cambodia have historically laid claim to the site, which is located on a mountain top on the Thai-Cambodia border. The disputed area of 4.6 square kilometers has not been demarcated.
The International Court of Justice ruled in 1962 that Preah Vihear temple belonged to Cambodia.
| Editor: Wang Guanqun |
| NAKHON RATCHASIMA, July 1 (TNA) - Senior Thai and Cambodian army officers are expected later Wednesday to discuss possible troop reductions near the historic Preah Vihear temple, which has been a focus of contention, tensions and nationalist passions on the part of both countries in recent months as more troops have been stationed to guard the temple and nearby areas. Speaking to journalists before departing for the northeastern province of Surin bordering Cambodia, Lt-Gen. Viboonsak Neepan, Thailand's Second Army Region commander said he would later in the day discuss with Lt-Gen. Chea Mon, Commander of Cambodia's 4th Military Region, on troops reductions near the temple. Several discussions on the issue are still needed in future before actual troops reductions between the two countries could be implemented, Gen. Viboonsak said. He said the overall situation along the Thai-Cambodian border improved following Thai Deputy Prime Minister Suthep Thaugsuban’s visit to Phnom Penh and talks with Cambodian Prime Minister Hun Sen last Saturday. Lt-Gen. Viboonsak is also scheduled to travel to Cambodia to hold talks and play a round of golf with senior army chiefs of that country on Thursday and Friday. Tensions along the two countries’ border, especially near Preah Vihear temple, have risen after the United Nations Educational, Scientific and Cultural Organization (UNESCO) granted the historic temple World Heritage Site status in July 2008. (TNA) |
The United Nations Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, today expressed his concern at recent attempts to restrict the freedom of lawyers to represent their clients effectively in Cambodia.
“To be able to represent their clients effectively, lawyers should not be subject to threats or intimidation, nor should they be targeted for prosecution or disciplinary action merely for having acted in the interests of their clients”, Mr. Despouy said. “Lawyers play an important role as defenders of human rights and must be free to represent their clients as they see fit in accordance with professional standards and the rule of law.”
Having paid close attention to the situation in the country throughout his mandate, the Special Rapporteur is concerned that recent moves against lawyers in Cambodia seem to indicate a worrying new trend, which could have a chilling effect on the legal profession. “I encourage and support the Bar Council and its President in their efforts to strengthen the legal profession in Cambodia and to defend lawyers against attempts to undermine their independence”, he added.
Last week, a lawyer, acting for an opposition member of the National Assembly who alleged that she had been defamed by the Prime Minister, was himself charged with criminal defamation and is now threatened with expulsion from the Cambodian Bar Association. In January 2009, defence lawyers acting for defendants at the Extraordinary Chambers in the Courts of Cambodia were threatened with possible legal action by Cambodian judges for having called for allegations of corruption at the Chambers to be properly investigated by the Phnom Penh Municipal Court. Earlier, in June 2007, lawyers acting for indigenous communities in Ratanakiri Province in a land dispute with a business woman who is closely connected to the Government were threatened both with criminal charges and disciplinary action before the Bar Council for having allegedly “incited” the communities to file a law suit to reclaim their land.
The Special Rapporteur reminded the Royal Government of Cambodia of its obligations under international law as set out in the United Nations Basic Principles on the Role of Lawyers which specifically state that “lawyers should not be identified with their clients or their clients’ causes as a result of discharging their functions”. They go on to provide that “Governments shall ensure that lawyers ... are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference [and] shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics”. Furthermore, lawyers should enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.
The Special Rapporteur also called for the Bar Council of the Kingdom of Cambodia to be allowed to exercise without external pressure its responsibilities under the Law on the Bar to protect the independence and autonomy of the legal profession in Cambodia.
“To be able to represent their clients effectively, lawyers should not be subject to threats or intimidation, nor should they be targeted for prosecution or disciplinary action merely for having acted in the interests of their clients,” said Leandro Despouy, the Special Rapporteur on the independence of judges and lawyers.
“Lawyers play an important role as defenders of human rights and must be free to represent their clients as they see fit in accordance with professional standards and the rule of law.”
Last week, he said, a lawyer, working for an opposition member of the National Assembly who alleged that she has been defamed by the country’s Prime Minister, was himself charged with criminal defamation and could be expelled from the Cambodian Bar Association.
This January, he added, defense lawyers representing defendants at the Extraordinary Chambers in the Courts of Cambodia (ECCC) – the UN-backed tribunal trying Khmer Rouge leaders accused of mass killings and other crimes three decades ago – were threatened with legal action by Cambodian judges for having called for corruption allegations at the tribunal to be properly investigated.
Further, Mr. Despouy noted, in June 2007, attorneys representing indigenous communities in Ratanakiri Province, involved in a land dispute with a businesswoman with ties to the Government, were threatened with criminal charges and disciplinary action for having allegedly “incited” communities to file a suit to reclaim their land.
The expert cautioned that these recent moves against lawyers seem to indicate a worrying new trend which could have a chilling effect on the legal profession, expressing his support and encouragement for the Bar Council and its President “in their efforts to strengthen the legal profession in Cambodia and to defend lawyers against attempts to undermine their independence.”
In a press release, Mr. Despouy, who reports to the Geneva-based Human Rights Council in an independent and unpaid capacity, underscored that Cambodia’s obligations under international law, as laid out in the UN Basic Principles on the Role of Lawyers, say that “lawyers should not be identified with their clients or their clients’ causes as a result of discharging their functions.”