Lawsuits against Hun Sen in US and Spain

By Khmer Democrat, Phnom Penh

In surfing the comments section of the lawsuit postings, several thoughts:

1. I am struck by the glibness and wilful ignorance of anti-democrats and-or professional observers (read, spies) of KI Media regarding legal systems of developed countries and the international human rights community. Understandable in a way as these people only know the functioning of the Kangaroo courts of Cambodia. But here, I sense more a deep fear of serious consequences from these lawsuits but with poor attempts to mask with a game face and puffed-up rhetoric.

2. What are some of these serious consequences feared by these anti-democrats and KI spies but the articulation eluding them?

- First and foremost PUBLIC HUMILIATION in the highlighting of crimes of the 1997 Grenade Attack. (See, The Legacy of Hun Sen "Already the Present is a very harsh judge. How much more so when History is his judge, especially in the age of the internet and globalization where everything lives forever."). The emotional toll of living in INFAMY for eternity must cause a few (hundreds!?!) restless nights.

- LOSS of POLITICAL CAPITAL for Hun Sen; Sam Rainsy gains in political momentum and popularity to his causes. Remember, the lodging of the lawsuits is POLITICAL MOVE in a political game. Here, SCORE! for Sam Rainsy.

- Free publicity, FREE CAMPAIGN for Sam Rainsy and his causes.

- Examples of POLITICAL LAWSUITS: Sudan Omar Al-Bashir by the International Criminal Court, Pinochet by the Spanish court, Henry Kissinger by the English (?) court. None have been tried and convicted, but the DAMAGE HAS BEEN DONE in JUST the LODGING of these legal proceedings. An example closer to home is the case in the French court re Hor Nam Hong's role during the Khmer Rouge. Even if the case was never argued, the issues were tried in the COURT OF PUBLIC OPINION and everyone (IN THE WORLD) knows of Hor Nam Hong's involvement in Bung Trabek Detention Center. Remember, a complaint may not produce a legal conviction but it doesn't mean there are no POLITICAL AND SOCIAL CONVICTIONS. The ramifications of the latter are more deadly, again particular with the help of the internet and ICT. Plus, it has restricted the political mobility of these individuals!

- Res judicata is the Latin term for "a matter already judged", referring to both civil law and common law legal systems, a case in which there has been a final judgment. Also, Hun Sen cannot claim Double jeopardy which is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction. The first complaint against Hun Sen in New York was withdrawn to negotiate Sam Rainsy's return, thus there never was a "final judgment" to block this current case from moving forward.

Remember, we are not talking about the Kangaroo courts of Cambodia but well-established LEGITIMATE legal systems of modern, developed countries of Spain and the United States. People immediately see through the QUALITY difference between a sham illegitimate lawsuit filed with Cambodian Judge Ke Sakhorn (snicker, snicker) and a criminal lawsuit filed in the FEDERAL (not just a state jurisdiction) Court of the Southern District of New York, well-known to be an activist court against INTERNATIONAL human rights violators, like Hun Sen.

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For background, I did a KI Media search on past postings by Ms. Seng Theary on issues of law which proved to be helpful. So, thank you, Ms. Seng!

Excerpts:

Tuesday, July 13, 2010

ICC Second Arrest Warrant for Genocide against Sudanese President Al Bashir

Note from Theary Seng: The permanent International Criminal Court (ICC) has jurisdiction over Cambodia as we have ratified the Rome Statute establishing this ICC and Cambodia is an ICC Member State. After the genocidal spree and mayhem ended, some of the Rwandan genocidiares were surprised that international law could pierced their nation's sovereignty and held them accountable before their own people and the international community. I believe that perpetrators of massive human rights abuse (here in Cambodia and elsewhere) -- many thinking themselves "good people" -- are so lost in their immediate frenzy to fully grasp the long piercing reach of international law. The ICC and other international legal instruments should make these abusers think twice... especially as certain international crimes do not have statute of limitations... hence, even 40 years from now, international law can still hunt them down.

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Wednesday, January 27, 2010

ABOVE NATIONS, HUMANITY: Universal Jurisdiction and International Criminal Justice

"...punishment administers accountability and responsibility on the perpetrators. Even if the perpetrators escape arrest the warrant for their arrest stigmatizes them as pariahs. The values of stigmatization and shame, although intangible, should not be underestimated"

"On a pragmatic level, the judgments of these cases would produce a rich, contextual corpus of human rights scholarship, generate discussions, and stimulate public awareness of justice issues. We are more and more seeing this happening now in our Khmer society. Of course, more can be and should be had"

"Criminal Responsibility: Here, it should be reminded that a person is criminally responsible when two conditions are met: actus reus (a wrongful act, deed) coupled with mens rea (guilty mind, criminal intention or recklessness). Simply put, you cannot be liable if there's only the wrongful act without any intention; you cannot be liable if you intended for the wrongful act, but did not carry out this act."