10 September 2009
By Sopheap and Ratana
Khmer Sthabna
Translated from Khmer by Socheata
On 09 September, the Phnom Penh municipal court held a hearing to decide in the lawsuit case brought up by 22 high-ranking army officers (known as Hanoi PhDs) against Phnom Penh SRP MP Ho Vann for defamation and disinformation.
The hearing was presided by Judge Sin Visal, Sok Roeun was the prosecutor and Lay Vorakcheat was the court clerk. Local and foreign officials, as well as reporters were following this hearing. However, MP Ho Vann was not present in the hearing.
In the afternoon of 09 September 2009, the judge decided to delay issuing the sentence on Ho Vann to 22 September 2009 at 2PM. In addition, lawyer for the Hanoi PhDs did not ask for compensation from Kevin Dole, the editor-in-chief of The Cambodia Daily, nor from the author of The Cambodia Daily’s article. However, the defense lawyer for Nov Vanrin, the author of the article, asked the court to drop all the charges against his client. Kevin Dole did not have a defense lawyer during the court hearing.
The hearing was held in front of the two defense lawyers for the 22 Hanoi PhDs, and they told the court that each of their clients asked 10 millions riels ($2,500) in compensation (for a total of 220 million riels or $55,000).
Yim Sovann, SRP spokesman, reacted to this hearing in absentia by saying that the SRP is not surprised, because this is a tactic used by the ruling party, the CPP, to make use of the justice system to silence the democrats, in particular the SRP MPs.
Yim Sovann indicated that the SRP maintains its democratic goals, and that a verdict from a tribunal that lacks independence will receive criticisms from democrats and from the international community.
Yim Sovann said that the decision to appeal this case rests entirely on MP Ho Vann’s personal decision because he is currently traveling in the US.
MP Ho Vann left Cambodia on 22 June 2009 after the National Assembly lifted his parliamentary immunity following a request made by the court so that it can easily charge the SRP MP in all legalities.
The 22 Hanoi PhDs include General Pol Saroeun, the RCAF chief of staff, and General Kun Kim, the RCAF deputy chief of staff, as well as a number of other generals.
The hearing was presided by Judge Sin Visal, Sok Roeun was the prosecutor and Lay Vorakcheat was the court clerk. Local and foreign officials, as well as reporters were following this hearing. However, MP Ho Vann was not present in the hearing.
In the afternoon of 09 September 2009, the judge decided to delay issuing the sentence on Ho Vann to 22 September 2009 at 2PM. In addition, lawyer for the Hanoi PhDs did not ask for compensation from Kevin Dole, the editor-in-chief of The Cambodia Daily, nor from the author of The Cambodia Daily’s article. However, the defense lawyer for Nov Vanrin, the author of the article, asked the court to drop all the charges against his client. Kevin Dole did not have a defense lawyer during the court hearing.
The hearing was held in front of the two defense lawyers for the 22 Hanoi PhDs, and they told the court that each of their clients asked 10 millions riels ($2,500) in compensation (for a total of 220 million riels or $55,000).
Yim Sovann, SRP spokesman, reacted to this hearing in absentia by saying that the SRP is not surprised, because this is a tactic used by the ruling party, the CPP, to make use of the justice system to silence the democrats, in particular the SRP MPs.
Yim Sovann indicated that the SRP maintains its democratic goals, and that a verdict from a tribunal that lacks independence will receive criticisms from democrats and from the international community.
Yim Sovann said that the decision to appeal this case rests entirely on MP Ho Vann’s personal decision because he is currently traveling in the US.
MP Ho Vann left Cambodia on 22 June 2009 after the National Assembly lifted his parliamentary immunity following a request made by the court so that it can easily charge the SRP MP in all legalities.
The 22 Hanoi PhDs include General Pol Saroeun, the RCAF chief of staff, and General Kun Kim, the RCAF deputy chief of staff, as well as a number of other generals.
30 comments:
It turns out to be an expensive off-the-cuff-for-nothing remarks.
Kuoy Pichet
It is an outrage that these military officers trying to play politic while they are serving as public servants. Indeed all public servants who wanted to join politic should be resigned first before joining any political party otherwise it create a conflict of interest. If they still want to serve to public as public sevants, they should leave politic to politician. As a politician, Mr Ho Vann is fully protected by National Constitution for all his public speeches. If his speeches can be sued by such expression, all politicians cannot serve politic at all. Mr Ho Vann has expressed for his National interest and not to defame these officers at all. Therefore, the court should dismmiss these lawsuite and dismmiss all of these officers from their present position and have to ban them from serving public office in the future for their obstruction to free speeches and democracy system.
Areak Prey
So sick to hear all the stupid thing happening in Cambodia.
220 million Riels is not much for SRP. Dare to say, dare to pay the price.
I don't think HO VANN will ever return home.Well, SRP will have find his replacement.
To Areak Prey,
These 22 military officers are not playing politics, they are suing Mr. Ho Vann for his questioning the legitimacy of their credencials, If Mr. Ho Vann have the evidences to support his claimed that the credencials of those 22 military officers are not ligitimate, then show them to the court, there are foreign officials and reporters there as your witnesses, I don't think the court will find him quilty, but if you don't have any evidences and don't show up in court then you are automatic quilty.
Public servants: All people work for the government are public servants, that mean both Mr. Ho Vann and those 22 military officials are both public servants. Mr. Ho Vann does have the right to express his opinion, but if his opinion effect some one and that some one believe that his opinion was wrong, then that some one have the right to sue. We call that the rule of laws.
These officers are not obstructing Mr. Ho Vann freedom of speech and democracy, but they are protecting their rights.
Freedom of speech and freedom of expression doesn't mean that you can accused some one of something without any evidences to support you in the court of laws. Becuase the other person that you accuse of have rights too.
measthes@yahoo.com
It's true that the THESIS of those 22 Manitous were written not by them, but by other people. But it's dangerous to touch them.
Let them be proud with their fake PhD Dedree. We can call them Excellences PHD, or Excellence Pandit, or Ecellence BANDIT.
Cambodia Town
Long Beach, Ca
Measthes@yahoo.com your statement
were intellectual, briant.
Ho Vann and Mu Suchua will not allow to run for next Parliamentarian election until both of them pay off their fines. Next time, they are better thinking before acting.
New phally
Dear Poster 2:12PM,
I don't think you understood at all about what is public servant and what is Politician.
1-Public Servants are people who are working in public office through public recruitment such as School teacher, Police, Military officials, government officials, local government staffs and health professional.
They continue to work at their position until their retirement. They must be neutral from all political party. They have to serve all government from all parties. Noone can dismiss them unless they have committed crimes such as stealing public moneys and killing someone.
2-Politicians are people who are working at public office through election. If they are not elected, they will loose their job and become a normal citizen. Only through election, their future can tell them their destiny. They are Prime Minister, Deputy Prime Minister, Minister, Member of Parliament, Local Mayor, councilors etc... They have their immunity being protected by National constitution for all their expression and their work.
All politicians are different. Each of them has their own view on how they have believed. Therefore, their belief is very well protected by National Constitution so that they can make the change of the country from one party to another party policy.
Each party has different view on how to develop the country. In civilsed Nations, they have rated different parties from extrem right, Right, Central Right, Central Left, Left and extrem Left depend to what they are believing.
Mr Ho Vann has believed that Vietnamese PhD is not up to International Standard that is up to Mr Ho Vann. His has his constitutional right to say so. Cambodian people has voted him and has pay to him to say so. If not, his supporters would vote for CPP instead.
To sue Mr Ho Vann unless Mr Ho Vann has damaged all these military officers for his personal interest such as after Mr Ho Vann speeches, these officers have lost their job. Then, these officers can sue Mr Ho Vann for all their lost income and their legal fee. But have these officer lost their job?
Why I said these officers have played politic because they fully supported Hun Sen to suppress opposition party but they have fogotten that Opposition party is also representing Cambodian National too for opposition view to the present management of the government.
Please lean experiences fromother first before you jump into conclusion. I am not promoting opposition party but I am promoting democracy and freedom of speeches to protect Social Justice
Areak Prey
Military officers lodged complaint against Mr. Ho Van, it doesn't mean they play politics at all. People have rights to sue one another as they want.
Mr. Ho Van is a member of Parliament (MP) means he is not public servant. He's politician.
Actually, MPs always proud about the military officers' achievement no matter what kind of degree or Ph.D they got from. Unfortunately for Mr. Ho Van, if he's not proud to those military officers, he should not criticise their degrees. His inmature in politics and his bad mouth, he will pay the price.
Khmer-Astralian
Cambodia Town
Long Beach, Ca
These two MP, Mu Suchua, Ho Vann theirs immunity were lifting by National Assembly of Cambodia Kingdom, so the constitution will not protect theirs right anymore as legal representives of Cambodian people, they had became normal citizen such as you, Areak Prey.
New Phally
Areak Prey,
I think your last comment is good in term of politics in Western country, but one thing I want to remind you is about defamation law.
Defamation law in Cambodia likes the civil laws in other domocratic countries, people can sue one another for defamation is not only the defendant's speech has damaged to the plaintiff's personal interest such as lose job as you mentioned. They can sue other people for damaging their reputation. For example: disgrace Mu Sochua sued PM Hun Sen for defamation. Did what PM Hun Sen say, caused her losing her job??
Khmer-Australian
To Areak Prey,
Yes these MP has right to express their opinions, but these opinions must not violated somebody else rights, if they violated somebody rights, that somebody has the rights to sue, unless these MP have evidences to prove in court that their opinions was correct, otherwise the court will find these MP guilty of violating somebody rights.
In almost every countries the military personnels are under the commander in chief, which is the president or the prime minister of a country, so for these officers to support the prime miniter is nothing wrong, becuase the prime minister is their commander.
measthes@yahoo.com
Dear New Phally,
I am very prouded to be a normal citizen. A norma citizen is far better than criminal leaders such as leaders who have worked with Pol Pot to destroy their own Nation and their own citizen.
I believe that being a free citizen is a gift from God as I have no more karma. THe last king of Vietnam, Bao Dai has said that he is more happier to be a citizen of a free country than a king of poor citizens.
Indeed the lifting of immunity of Mu Sochua and Ho Vann were all illegal and unconstitutional. THey can only loose their immunity when they lost their seat in next General Election. The National Assembly has no legal right to lift their immunity at all. It was jungle laws of Hun Sen only. In civilised Nations, they are fully protected.
Areak Prey ( normal citizen )
To be sick when I read all the comments in this blogger. If someone critizise the Khmer Govt those either opposition or foe against this Govt.That means what the Govt do all perfect,No. Why it consists in the constitution more parties system? In Pol Pot regime is exist prison without Wall but both "without Wall and Prey Sar, and more..". Are those victium animals? And they say we are buddhisim? Buddha allow you all to do that? NO. But Buddha' thesis inscripted that "The Rad is turn around", it means now for you and the next for me. Look to Mr Duch, as I meet him he told that "Nobody could commanded me, exept my cap, soil and sky. But now he is in cage.
Predictor
Cambodia Town
Long Beach, Ca
Dear Areak Prey
Concerning theirs immunity lifting, I thought measthes@yahoo.com, at 4:13PM response your debate.
New Phally
Areak Prey,
If you don't know about the laws in Cambodia, please don't speak too louder. How you know that lifting of immunity of Mu Sochua and Ho Van were all illegal and unconstitutional?? And it's laughable when you said that "They can only loose their immunity when they lost their seat in the next election"!! Read Cambodian parliament rule first before you talk about lifting immunity of MP is illegal and unconstitutional.
Khmer in Phnom Penh
themeas+newpally+khmeraustralia=khmer rouge.
Let think about that formula!
This is injustice!
May all the lighnings there is out there strike all those currupted MPs of hun sen.
Hun sen works with the enemy and punishing his own people. Hun sen have no soul.
I got completely confuse by all these laws professors! Stop arguing about the Cambodia laws, the nonsense, will you? In Cambodia, their laws are enforced in reverse. The more powerful always win.
Doma ah PhDs can not docomplicated thinking!
Doma ah pigee PhDs!
Doma as Vietnamese slave!
Hun Sen incites ghosts
The Phnom Penh Post
Thursday, 10 September 2009 15:02 Vong Sokheng
PRIME Minister Hun Sen launched an attack against his political opponents Wednesday, saying "ghosts" out for the Pchum Ben festival would come to threaten their lives.
"The ghost are around them and will take them along." Hun Sen told a few hundred supporters during the inauguration of a pagoda in the Kirivong district of Takeo province.
"[The opposition leaders] want to be the prime minister, but they have never had an opportunity, and it will be impossible," Hun Sen said. "They have had no ability to work, but they are accusing us of corruption."
Yim Sovann, spokeman for the Sam Rainsy Party, said the prime minister's remarks were part of a "political campaign" aimed at strengthening his power. Human Rights Party President Kem Sokha told the Post that he wasn't interested in reacting to the speech.
Areak Prey explainations made perfectly clear. If you still don't understand it, you have been brain washed or too stupid.
that should teach them a lesson or two about civility!
Dear idiot lawyers,
If you don't understand democratic system, please do not pretend to know otherwise Cambodia will be a farm of animal fighting to each other until no khmer race in Cambodia except Vietnamse.
Democracy system is to guarantee peace and harmony and rule of laws.
Members of Parliament are laws makers. They are elected by people through National General Election. The National General Election is the highest election process of the country to elect Stateman and laws makers. Each elected member will represent people of the whole Nation and they have equally their right and deserve the same respect from all public servants from the country included military. Any attempt by military to arrest or harrass by military to any member to scare them from expressing their view for National interest is an attempt to destroy election process and is equally treated a Coup against a democracy system. In Parliamentary system like Cambodia, Prime Minister cannot order the army. Only Minister of the defence can order under approval from parliament. It is totally different to USA president which was elected in different system.
I only wish Cambodia with longterm peace and longterm development. But with Hun Sen continueing to thread others ( fighting to their own citizen like Pol Pot ), Cambodia cannot move forward but it will allow vietnam to take root intead.
Areak Prey
Areak Prey for next Prime Minister.
The best Khmer lecture never heard.
Ah Yuon will take our country if there no PEACE whatsoever.
hey, you all know that viet gov't have no real influence on their people? it's the true reality there. viet people usually don't bitch, whine nor complain about their gov't althought their gov't is pure communism compare to cambodia's system, really. so, go picking on viet country for a change and stop picking on cambodia so much. the situation in cambodia is all political rhetorics and so forth, nothing more, really! i said this not that i give shit about viet, but i think some khmer politician are a drama queens as well and they seem to paint the picture of cambodia worse than the reality in cambodia. maybe it's their democractic way, i don't know. it's most just political rhetorics. and i'm sure we all know which one they are, the maverick opposition trouble-makers, that is. they are never happy until their win the election. they always have some kind of excuses too just like siem system of gov't. but that ok, it's just the process of political evolution in the making, really. eventually, it'll settle down sooner or later. just keep in mind that life does go on no matter what, though! to me, it's just like the scene from the khmer prophecy of the churning of the sea of milk - an ancient khmer metaphor for the cycle of civilization of cambodia, really. think about it! god bless cambodia, despite whatever!
Cambodia is a lawless country so there is no such a thing as 'Defamation Law'. It's not a legit law whatsoever...in fact, it's a political tool for the cpp to use against oppositions members and its critics. Those miltry soldiers should put up a one-on-one fight with mr Hovan because it's a personal issue. I bet mr hovan would cut their throat in a one-on-one fight with those soldiers.
Asva prey or Areak Prey,
Don't try to say something which you don't know and have a self-proclaimed that it is democratic system. Who told you that "Parliamentary system like Cambodia, Prime Minister cannot order the Army. Only Minister of the defence can order under approval from Parliament?" Is it SRP tell you or just what your own thinking?
Cambodian PM can order all Cambodia's Arm forces and Police without asking Parliament to approve it. All Prime Minister in democratic country has rights to order and also sack all generals in military and Police.
Khmer in Phnom Penh
Your idiot poster 1:15PM,
Tell me what country that the Prime Minister can order the army for war without approval from parliament?I have no connection with SRP party at all. Tell me in what country that the Prime Minister can order the army to arrest opposition party? That is a coup d'etat isn't it?
If the minister of defence has no mandate to order the army why they appoint a ministry of defence?
Each ministry needs to take order from their minister and not directly from Prime Minister. It was your advice wasn't it that your prime minister even order the singer star to wear properly before going to the stage in the TV?
Areak Prey
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