Opposition leader Sam Rainsy (Photo: Ayuthyea, RFA)28 Feb 2010
By Sok Serey
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer
On 28 Feb, Sam Rainsy reacted to the official lawsuit brought up by the government on 26 Feb, accusing him of falsifying public documents over maps of Cambodia, and publishing false information.
Nevertheless, Sam Rainsy welcomed the charges brought up by the government against him and he indicated that he did all this work for the people and the nation.
Cambodian opposition leader Sam Rainsy told RFA over the phone: “I am welcoming for the nation and for the entire Cambodian people because this affair is not about Sam Rainsy or the Sam Rainsy Party, it is an affair that affects that entire Cambodian nation of ours. My lawyers are the international community, the UN, countries that are friends to Cambodia that pity Cambodia. My lawyers are all the people who love justice in the world.”
On 26 Feb, the Cambodian government sent Ky Tech, its lawyer, to officially sue Sam Rainsy on two criminal accusations: falsifying public documents involving Cambodia’s border based on Article 49 of the UNTAC-era law, and for disinformation based on Article 62 of the UNTAC-era law also.
On Friday 26 Feb, Ky Tech said after turning in his lawsuit to the court: “Under Article 49 of the UNTAC-era law, the falsification of letter carries a sentence of 5 to 15-year of jail term, and under Article 62, disinformation is punishable by 3 months to 3 years of jail term.”
It is not known what course of action the government will take following this lawsuit.
Chuong Chou-ngy, Sam Rainsy’s defense lawyer at the Svay Rieng provincial court, said that he would welcome [this new case] should Sam Rainsy asks him to defend his [new] case at the Phnom Penh municipal court.
Chuong Chou-ngy said: “I did not yet think about whether to defend of not, only when he sends his request to me, then I will think about whether to take up his defense case or not… This is normal because I am a lawyer in the kingdom of Cambodia, I have the duty to legally defend my client.”
In January 2010, opposition leader Sam Rainsy published documents including maps and Google Earth satellite photos revealing that the border stakes planted by Cambodia and Vietnam based on the 1985 treaty, were in fact planted in violation of Cambodian territories by 200 to 500 meters to the benefit of Vietnam.
Sam Rainsy’s documents confirmed the location of border stakes at post 184, 185 and 186, as well as border post 187, are located inside Samrong commune, Chantrea district, Svay Rieng province, next to the Vietnamese border.
Var Kim Hong, the government border expert and chairman of the government border resolution committee, held a press conference on 22 January in which he rejected Sam Rainsy’s documents, calling them fake documents to change the truth. This led the government to bring its official lawsuit against Sam Rainsy on 26 Feb.
Nevertheless, Sam Rainsy welcomed the charges brought up by the government against him and he indicated that he did all this work for the people and the nation.
Cambodian opposition leader Sam Rainsy told RFA over the phone: “I am welcoming for the nation and for the entire Cambodian people because this affair is not about Sam Rainsy or the Sam Rainsy Party, it is an affair that affects that entire Cambodian nation of ours. My lawyers are the international community, the UN, countries that are friends to Cambodia that pity Cambodia. My lawyers are all the people who love justice in the world.”
On 26 Feb, the Cambodian government sent Ky Tech, its lawyer, to officially sue Sam Rainsy on two criminal accusations: falsifying public documents involving Cambodia’s border based on Article 49 of the UNTAC-era law, and for disinformation based on Article 62 of the UNTAC-era law also.
On Friday 26 Feb, Ky Tech said after turning in his lawsuit to the court: “Under Article 49 of the UNTAC-era law, the falsification of letter carries a sentence of 5 to 15-year of jail term, and under Article 62, disinformation is punishable by 3 months to 3 years of jail term.”
It is not known what course of action the government will take following this lawsuit.
Chuong Chou-ngy, Sam Rainsy’s defense lawyer at the Svay Rieng provincial court, said that he would welcome [this new case] should Sam Rainsy asks him to defend his [new] case at the Phnom Penh municipal court.
Chuong Chou-ngy said: “I did not yet think about whether to defend of not, only when he sends his request to me, then I will think about whether to take up his defense case or not… This is normal because I am a lawyer in the kingdom of Cambodia, I have the duty to legally defend my client.”
In January 2010, opposition leader Sam Rainsy published documents including maps and Google Earth satellite photos revealing that the border stakes planted by Cambodia and Vietnam based on the 1985 treaty, were in fact planted in violation of Cambodian territories by 200 to 500 meters to the benefit of Vietnam.
Sam Rainsy’s documents confirmed the location of border stakes at post 184, 185 and 186, as well as border post 187, are located inside Samrong commune, Chantrea district, Svay Rieng province, next to the Vietnamese border.
Var Kim Hong, the government border expert and chairman of the government border resolution committee, held a press conference on 22 January in which he rejected Sam Rainsy’s documents, calling them fake documents to change the truth. This led the government to bring its official lawsuit against Sam Rainsy on 26 Feb.
24 comments:
ah ach (shit man).. your lawer is shit..cos u like doing shit job..
Sam Rainsy is a yesterday's man. No matter what he is crying out to the world, no one is able to save his political career let alone comes back to Cambodia again.
Sam Sary was a traitor leads Sam Rainsy became a traitor, when Sam Rainsy is a traitor, his party is also a traitor's party.
For the CPP Vietnam is untouchable, because the CPP got the Power from Vietnam after Vietnam Overthrew the Khmer Rouge in 1979.
I repeat that Vietnam who toppled the Khmer Rouge from power because The KR had political and territorial dispute with Vietnam.
It´s not Heng Samrin, Chea Sim and Hun Sen, and their " salvation Front" who served oonly as facade for Vietnam invasion.
THe CPP serve only the Interest of Vietnam and punishsed whoever criticizes and touches Vietnamese.
to ah 3:07 & 3:08 you laugh now you cry tomorrow because you live are slave ,you know the words slave ? Especially youn won't leave both alone . It will too late when you both dogs wake up ,your prime minister win but in the dirty ways .
You Got my messages ah slave youn in your own land.
Fake communist government!
Why the word treator hounted his family?
If khmer don't love khmer no one in the world will!. Majority of Australia population are educated and very well organised in term of community development purposes. Khmer gov't need to learn from the Aust way of life for the benefit of its country and its nation by allowing all interlectual people to help run the country as well as giving free education for all. Education is a way to success in everything that we do. One a person is educated, it is like seeing the light, in other words no one in the world can take advantage of him or her. Knowledge can bring power and wisdom to life. Again, we can not run the country without qualified people, therefore please try to increase in skilled migrant just Aust is doing at the moment becaue they are the foundation in the development of its country and nation but first it can not start without having a common law in place to protect all for one and one for all or everyone is equally important. Aust
At the end of all this foolishness lead by HunXen and Hanoi. They are the most evil form of human kind.
Their livelyhood is feed upon the misery of the poor and by way of injustice.
At the end of the day, they will be known like the Nazi germany or Emperial japan. They action, deeds are very cruel and shameful.
Thank You Mr Sam Rainsy for khmer and injustice.
Saved Residential Property!
The Sam Rainsy's political life is Finished!
I Predict Sam Rainsy will recieve another 5-15 years additional jailing times AND COURT GUARANTEED!
I urge all SRP members hurry to defect to any political party as soon as possible, do it before the 2012-2013 election.
"Good Dog, find Good Patron"
"On October 23 1991, the Agreements on a Comprehensive Political Settlement of the Cambodia Conflict were signed by Cambodia and 18 other nations in the presence of the United Nations Secretary-General. The agreements were the culmination of more than a decade of negotiations in which the Secretary-General had been closely involved from the outset."
Article 5:
1: In the event of a violation or threat of violation of the sovereignty, independence, territorial integrity and inviolability, neutrality or national unity of Cambodia, or of any of the other commitments herein, the parties to this Agreement undertake to consult immediately with a view to adopting all appropriate steps to ensure respect for these commitments and resolving any such violations through peaceful means.
2: Such steps may include, inter alia, reference of the matter to the Security Council of the United Nations or recourse to the means for the peaceful settlement of disputes referred to in Article 33 of the Charter of the United Nations.
= Without the Paris Agreement and there would no UNTAC in Cambodia! It is funny how AH HUN SEN Vietcong slave government used UNTAC law to persecute Cambodian people such as Mr. Sam Rainsy? It is funny to me because AH HUN SEN Vietcong slave government never accept the role of Paris Agreement on Cambodian political settlement. And this is for the first time that AH HUN SEN Vietcong slave government acknowledge the role of the Paris Agreement !
From now on any time AH HUN SEN Vietcong slave government dare to use UNTAC's law and he must obey and respect the Paris Agreement down to the letter!
From now on any Siem and Youn violation of Cambodian sovereignty will be persecuted under the Paris Agreement!
No one can say that Sam Rainsy is finished unless Sam Rainsy said it is finished. Sam Rainsy doesn't need to go lower than Hun Sen in order to win Hun Sen and Hun Sen is running out of option beside using his Kangaroo Court to get Sam Rainsy. And in the eye of Cambodian people, Hun Sen had done wrong. Hun Sen is a convicted man in the court of public opinion and the UNTAC's law and he is a deadman walking.
Let's bring this to an international court! Bring to someone who is not bias toward either party.
October 23 1991 Paris Agreement become the toilet paper. October 23 1991 Paris Agreement was expired since the stupid Sihanouk/HunSen ousted the UNTAC from Cambodia.
October 23 1991 Paris Agreement is OVER...DONE...FINISHED... GOOD BYE... SOLONG...
Anybody have access to UNTAC law document?
Please post it here so we can see and have some ideas as Ong luat suu Ky Tech for Nom Benh cited charges against Mr.Sam Rainsy.
Thanks,
When Cambodia falls, all the CPP members are cut to 3 pieces, just like 1979 era! Khmer cut khmer again!
What youns and HunXen is doing is awaking the Paris peace Accord of 1991.
Greed is the downfall of man. Any one or country with such greed without boundry will faces the fall.
Beside, look at all the earthquakes around the world just this year alone.
Youns, can steal, kills for laos, cambodia, and yet to come thailand.
But the earth won't last long enough for them to keep it or take it with them.
A wise man make friend and peace, and not enemy. ( youn, wake up )
The government's lawyer, Ky Tech, filed the lawsuit at the Phnom Penh Municipal Court.
It accuses Sam Rainsy of spreading false information verbally, which carries a prison term of up to three years, and in public documents on Web sites _ which carries a sentence of up to 15 years.
If found guilty, Sam Rainsy could be sentenced up to 18 years in prison, Ky Tech said.
Disinformation
Article 62 of the UNTAC Penal Code states that anyone who publishes, distributes or reproduces information that is false, fabricated, falsified or untruthfully attributed in bad faith and with malicious intent, and that has disturbed or may disturb the public peace, can be imprisoned for six months to three years or fined one million to 10 million riel (approx. US$2,520), or both.
Forgery of Public Documents (UNTAC Law Art. 49)
Article 49 of the UNTAC Law states that: Any elected official, civil servant, military personnel, or official agent of any of the four Cambodian parties to the Paris Agreement of or any registered political party who, while performing official duties or tasks related to such duties, commits a forgery, either by false signature, or by alteration of a deed, writing or signature, or by impersonation, or by false entry into a registry or other public deed after its execution or closing, and any person knowingly makes use of the same, is guilty of forgery of a public document and shall be liable to a term of imprisonment of five to fifteen years.
The argument from AFEC press statement on 12 October 2006 that the UNTAC Penal Code was created in 1992 for the transitional period under UN administration when there was an ongoing civil war, and "was never supposed to remain in Cambodian criminal law once the country had established true democracy."
Ong Luat Suu Ky Tech's malicious intent to silence freedom of expression and critiques is too obvious.
Democratic Kampuchea Pol Pot Khmer Rouge Regime
Members:
Pol Pot
Nuon Chea
Ieng Sary
Ta Mok
Khieu Samphan
Son Sen
Ieng Thearith
Kaing Kek Iev
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
Committed:
Tortures
Brutality
Executions
Massacres
Mass Murder
Genocide
Atrocities
Crimes Against Humanity
Starvations
Slavery
Force Labour
Overwork to Death
Human Abuses
Persecution
Unlawful Detention
Cambodian People's Party Hun Sen Khmer Rouge Regime
Members:
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
Committed:
Attempted Murders
Attempted Murder on Chea Vichea
Attempted Assassinations
Attempted Assassination on Sam Rainsy
Assassinations
Assassinated Journalists
Assassinated Political Opponents
Assassinated Leaders of the Free Trade Union
Assassinated over 80 members of Sam Rainsy Party.
"But as of today, over eighty members of my party have been assassinated. Countless others have been injured, arrested, jailed, or forced to go into hiding or into exile."
Sam Rainsy LIC 31 October 2009 - Cairo, Egypt
Executions
Executed over 100 members of FUNCINPEC Party
Murders
Murdered 3 Leaders of the Free Trade Union
Murdered Chea Vichea
Murdered Ros Sovannareth
Murdered Hy Vuthy
Murdered Journalists
Murdered Khim Sambo
Murdered Khim Sambo's son
Murdered members of Sam Rainsy Party.
Murdered activists of Sam Rainsy Party
Murdered Innocent Men
Murdered Innocent Women
Murdered Innocent Children
Killed Innocent Khmer Peoples.
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Brutalities
Police Brutality Against Monks
Police Brutality Against Evictees
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Abuses
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Embezzlement
Treason
Border Encroachment, allow Vietnam to encroaching into Cambodia.
Signed away our territories to Vietnam; Koh Tral, almost half of our ocean territory oil field and others.
Illegal Arrest
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation bomb on Sokha Helicopter, while Hok Lundy and other military officials were on board.
Lightning strike many airplanes, but did not fall from the sky. Lightning strike out side of airplane and discharge electricity to ground.
Source: Lightning, Discovery Channel
Illegally Sold State Properties
Illegally Removed Parliamentary Immunity of Parliament Members
Plunder National Resources
Acid Attacks
Turn Cambodia into a Lawless Country.
Oppression
Injustice
Steal Votes
Bring Foreigners from Veitnam to vote in Cambodia for Cambodian People's Party.
Use Dead people's names to vote for Cambodian People's Party.
Disqualified potential Sam Rainsy Party's voters.
Abuse the Court as a tools for CPP to send political opponents and journalists to jail.
Abuse of Power
Abuse the Laws
Abuse the National Election Committee
Abuse the National Assembly
Violate the Laws
Violate the Constitution
Violate the Paris Accords
Impunity
Persecution
Unlawful Detention
Death in custody.
Under the Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed crimes against journalists, political opponents, leaders of the Free Trade Union, innocent men, women and children have ever been brought to justice.
UNTAC law works in favor of Dictator Hun Sen, sure will be used.
Here is what just happened in Cambodia...
1. Khmer farmers protested against the Yuons for stealing of their lands at the Khmer-Yuon border, Dictator Hun Sen put them in jail.
2. Sam Rainsy defended the Khmer farmers' loss of land, Dictator Hun Sen put him in jail.
Is this Khmer Justice or Yuon Justice?
KHMER Angkor.
'Anonymous said...
When Cambodia falls, all the CPP members are cut to 3 pieces, just like 1979 era! Khmer cut khmer again!
9:12 PM "
No fool! we go by a civilized laws! we willmake them pay property taxes or go to jail!
Khmer in Phnom Penh knew Ky Tech is Yuon who changed name to Chinese-khmer
Example: les 3 KY
Hué Ky, Bac Ky and Nam Ky
" Anonymous said...
When Cambodia falls, all the CPP members are cut to 3 pieces, just like 1979 era! Khmer cut khmer again!
9:12 PM "
No fool!9:12PM, we go by civilized laws! we will make them pay property taxes or go to jail!
2:21 AM
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