Editorial by Khmerization
Originally posted at http://khmerization.blogspot.com
“For the sake of political stability and a smooth election, both sides should reach out to each other and come to an amicable truce. Some sorts of a reconciliation gesture from either side is a good start. Hor Namhong should drop the defamation suit against Sam Rainsy unconditionally and in turn, Sam Rainsy should reciprocate with some sorts of a reconciliation statement.”The legal wrangling involving Minister of Foreign Affairs Hor Namhong and opposition leader Sam Rainsy has deepened when Sam Rainsy decided that he will counter sue Hor Namhong in the Khmer Rouge Tribunal for crimes against humanity, if the latter did not drop the defamation suit against him. Hor Namhong has demanded an apology from Sam Rainsy before he will agree to drop the suit. And Sam Rainsy has refused flat out, saying that he did not defame Hor Namhong. Both sides to this petty legal dispute seemed determined to fight to the death, and there seemed to be no turning back in the slightest from either side.(Read about Sam Rainsy’s plans to sue Hor Namhong here).
Sam Rainsy’s decision to counter sue Hor Namhong in the KR Tribunal seemed to suggest that he did not have any confidence in the Cambodian court. Sam Rainsy did not believe that he has any chance against Hor Namhong in the Cambodian courts which are at the disposal of Hor Namhong’s Cambodian People’s Party.
News that Sam Rainsy plans to counter sue Hor Namhong in the Khmer Rouge Tribunal has dampened any chance of reconciliation. On the contrary, it has re-enforced the belief that Sam Rainsy has no plan to surrender to Hor Namhong’s demand of an apology. In fact, seeing the way that Sam Rainsy has positioned himself, one can assume that he wanted to tackle Hor Namhong head on, while the KR Tribunal is still in full operation and making great efforts to try ex-KR leaders, the likes of Hor Namhong. He is making good use of this court while there are still living witnesses and survivors of the Boeng Trabek Prison who could testify against Hor Namhong for crimes against humanity.
For the sake of political stability and a smooth election, both sides should reach out to each other and come to an amicable truce. Some sorts of a reconciliation gesture from either side is a good start. Hor Namhong should drop the defamation suit against Sam Rainsy unconditionally and in turn, Sam Rainsy should reciprocate with some sorts of a reconciliation statement. An apology should not be demanded because to force someone to apologise for simply exercising one’s own freedom of speech would be tantamount to a call for submission to his political opponent. And that will never happen. Not from Sam Rainsy nor anyone who is simply exercising his/her own freedom of speech.
A fight to the death in this petty case will serve no purpose to any one party. Both sides have a lot to lose. Sam Rainsy will surely lose the case against Hor Namhong, as the court is controlled by the latter. Hor Namhong will have a lot to lose if Sam Rainsy and other victims of the Boeng Trabek Prison lodge civil or criminal suits against him in the KR Tribunal. A lot of previously unseen testimonies and evidences of Hor Namhong’s complicities and crimes during his tenure as director of Boeng Trabek Prison will be unearthed and come to light. When proof and the onus is beyond reasonable doubt against Hor Namhong are in the public domain, the KR Tribunal might be forced to act against Hor Namhong. This is not a very good scenario for both of them and they should back off from a show down.
In the end, both sides will emerge from this fight bruised and tainted. It is in the best interests of their future political career and their family honour that they make a compromise and call a truce. This is my advice.
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1. To read previous Khmerization editorial about Hor Namhong vs. Sam Rainsy click here.
2. To read about the Boeng Trabek Prison survivors' accounts click here.
17 comments:
Re: This is my advice
Since when are political/news junkies (if Khmerization were one) in a position to give advice?
One Cambodian Kid
Reconciliation and mediation is the best option to this suit. This is the best advice. Anyone can give advice, whether Namhong or Rainsy want to take this advice or not is another story. So the junkies that has been spat out by the the CPP kid (the corrupt or crooked people's party-8:45AM)is just junkies.
The more truth comes out, the better justice will serve cambodia and its people!
So, let them rumble, and may all patriot khmer show support to the one who truely support the country.
let unite, take them bully out!
Freedom of speech, my arse, Gorilla Fucker, if the speech intruded on other people's rights, it is unconstitutional, and it is unlawful, and the person who made that speech is full accountable for his action.
Hun Sen exercised his freedom of speech by swearing, cursing and defaming anyone he likes. So only Hun Sen can defame anyone he likes? Defamation laws have their defenses. Speaking the truth is not defamation. It is about public interests and it is defendable. Only the corrupt or crooked cambodian people's party (CPP)and people with limited intellect like 11:57AM think that they are above the laws and use the courts to oppress anyone who criticize them. Communists!
Hey, the solution to all this is simply proving the truth behind your stupid speech, alright? Stop making a big deal out of it.
You took what was said there the wrong way Mr. 9:28 AM, assuming you are a Man...
The truth and the fact was that Hor Namhong was a director of Boeng Trabek Prison, like Duch was director of Tuol Sleng. This is the fact. Duch is in jail and Hor Namhong should be in jail. Just accept the truth, you stupid communist!
Khmerization;
One of the early articles posted here mentioned about SR repated what the former king words, however, during the speech SR himself forgot/failed or may be intentionally don't want to use the word "Quote" which is the reason lending him in hot water.
If the other side decide to drop the case in exhnage for an apology from SR, personal point of view, he shall do it for the sake of the political stability as you said, but SR has other thing in his mind[counter sueing through KR court].
ECCC has victim unit and all victims can file theirs complaint, however, my understanding, SR himself was not victim of the regime and was not in Cambodia at the time, therefore, he is not eligible to file anything against the person he made remark. If he is decided to file against other vivtims, then one shall ask SR if he is acting as their lawyer?
However, so far there is no reaction from the top man in CPP, and personal point of view, the case will not be going too far or too serious. CPP will not joepardise or create any unpleasant environment for this up-coming election and take risk being accusing of locking the main opposition leader behind bar [unless there is a quiet chalenger within his own party who wants to see him out of action for the time].
Applause for your comment 5:9PM you are the best
Wrong, 5:09, not all prisons are the same. Hor NamHong prison is 100% clean and there is no trace of blood to be found anywhere, not even a dead bug.
6:39 Pm, This is one of the moderate voices representing the cpp camp. You might be right in saying that Hor Namhong's prison was clean and there was no trace of blood. However, there are witness accounts of people being sent to be killed at Tuol Sleng . Mrs Keo Bunthuok and Moeung Son (Siem Reap's president of chamber of commerce) were imprisoned there and they said somethinbg like that. I think that ECCC's investigation should be conducted of how Boeng Trabek was operated to see if there were abuses and killings there. If they found nothing wrong, or clean like you said, then or Hor Namhong is vindicated and no one should accuse him of anything anymore.
5:57 PM, your reasoning makes sense. But could other victims or SR's relatives lodge the complaint against Namhong? There are still survivors of Boeng Trabek Prison who are alive today.
Well, the suggestion put forth by Khmerization (though he surely is a political/news junkie)is the expedient way out of this mess.
Go back and read the statement by the ECCC. They are charged with adjudicating first and second tier officials of the KR regime. If Hor Nam Hong is involved in sending people to Tuol Sleng, what tier would he be in?
Sam Rainsy is no lawyer. He can't represent anybody. But he could organize the victims so they can be heard. Why isn't he doing this, I am wondering?
Dear 8:48 PM;
ECCC victim unit is opened for any victims of the regime to lodge a complaints and that's including the SR's family member[s] should they wish to do so.
There is no doubt that their complaint will be screened and heard in due time.
SR can file on their behalf if he want to but to use a political title to file a complaint will not be any good as he used to criticise the ruling party of politicizing the jurisdiction system
The non-political junkie, self-proclaimed free-thinker seemd to say something that doesn't make any sense here. SR never claimed that he will represent any victims in his capacity as a lawyer. The tier that Hor Namhong was in was a director of Boeng Trabek, the same as Duch was a director of Tuol Sleng. There were claims (Mrs. Keo Bunthuok)that people whom Namhong criticized were sent to their deaths at Tuol Sleng. Namhong should be investigated by the ECCC.
8:42, all investigation has been done already. Do you really think no one know anything about Hor NamHong's prison by now? Sam Rainsy will surely go to Prey Sor this time. He will not be able to escape like he did last time. They will stop him at all airports and ship ports.
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