Theary C. Seng training teachers on the curriculum "Speak Truth to Power" (in Khmer "Courage Without Borders"), Kampong Som, July 2012
_________________________
COMMENTARY
__________________________
National Election Committee Must
Adhere to Standard of Reasonableness,
Respect Due Process
Adhere to Standard of Reasonableness,
Respect Due Process
Theary C. Seng, CIVICUS Cambodia Founding President
Due process is a
fundamental principle of fairness
Let me illustrate how fundamental and significant is due process (fair procedure) in light of NEC’s violation by drawing from the U.S. experience, in helping us put the situation in a proper perspective. Though the context is different, the principle is the same.
The U.S. Constitution states only one command twice, and that command is the Due Process Clause in the Fifth and Fourteenth Amendments: no one shall be "deprived of life, liberty or property without due process of law." The central promise is the assurance that all levels of U.S. government must operate within the law ("legality") and provide fair procedures.
Civil, criminal, administrative procedures are core courses of all U.S. law schools.
Criminals have been acquitted as a result of the state’s violation of due process.
The words “due process” is concerned with procedure, fairness, and application.
Simply, a proper hearing must have unbiased, impartial judicial officials, the right for parties to present evidence and argument orally, the chance to examine all materials that would be relied on or to confront and cross-examine adverse witnesses, and a decision that is limited to the record, made and explained in an opinion.
Let me illustrate how fundamental and significant is due process (fair procedure) in light of NEC’s violation by drawing from the U.S. experience, in helping us put the situation in a proper perspective. Though the context is different, the principle is the same.
The U.S. Constitution states only one command twice, and that command is the Due Process Clause in the Fifth and Fourteenth Amendments: no one shall be "deprived of life, liberty or property without due process of law." The central promise is the assurance that all levels of U.S. government must operate within the law ("legality") and provide fair procedures.
Civil, criminal, administrative procedures are core courses of all U.S. law schools.
Criminals have been acquitted as a result of the state’s violation of due process.
The words “due process” is concerned with procedure, fairness, and application.
Simply, a proper hearing must have unbiased, impartial judicial officials, the right for parties to present evidence and argument orally, the chance to examine all materials that would be relied on or to confront and cross-examine adverse witnesses, and a decision that is limited to the record, made and explained in an opinion.
35 comments:
The election is just another pretext for Theary Seng to post pretty photos. She does not care if the voices of Cambodians are heard, as long as she has a stage for shameless self-promotion.
Do CPP and NEC people know what due process and standard of reasonableness mean? I don't even know if those monkeys ever heard of such things before.
Do CPP and NEC people know what due process and standard of reasonableness mean? I don't even know if those monkeys ever heard of such things before.
Why should US experience be the proper context for understanding Cambodia's situation? Just because Theary Seng grew up there? I suggest Theary familiarize herself with the situation in Cambodia to understand the context of what she is talking about, before lecturing others about stuff she has no clue about.
5:13
Isn't the US the birth place of "Democracy"? Isn't the job of the US to spread democracy to the world?
Let me tell you people, democraxy will not solved world issues!!!!
America was based on a Republic: Rule by law, not democraxy rule by peoples opinion.
Republic: On rock foundation
Democraxy: On sandy foundation
New World Disorder Malady
Khmer people must stop saying that the traitor Hun Sen is riding on the tiger's back, and if he gets down, the tiger will bite him (sreur him).
Instead, we should say that the traitor Hun Sen is riding on Khmer people's sufferings, he must get down. If he refuses to get down, we will pull him down.
Bun Thoeun
there is no law that doesn't allow recount or revote
there is no law that doesn't allow recount or re vote
Cambodian people should make lawsuit against what is so-callconstitutional council
Theary Seng is an Educated Cambodian woman, all CPP women, and CHUM TEAVE must learn a Ms Theary Seng's Model, not just sleep with husband, driving a good car, wearing diamond, and wasting money like Chum Teave to do cosmetic in the face making up for husband loves, must think to help Cambodian people like Ms Theary Seng OK
Dors Mimokginiss thlak meul the kdasvor aigcheung vey,Mok niss pross choy heuy sdors chorl..!!;)
ah na barn seng theary ,
boe min kuk kor ngoib taihorng dae,
boe min jeur sarc meul tov ?
ដាក់ឈ្មោះវាថា មីអក្តត់
Suggestion to the CNRP,
If you continue to adopt Preah Reach Damress Preah Maha Ksat Ting Moung Sihamoni, the CNRP will go to hell and Cambodia will disappear.
Be realistic and do what is right for Cambodia's survival. You are the last obstacle for Vietnam to swallow Cambodia and you are the last hope for Khmer people.
So, please play your role appropriately and ignore the stupid King’s idea because it has never worked and it will never work...
Bun Thoeun
Bun Thoeun,
you're such a simpleton. they just drag the king in to prevent Hun Sen from using the throne to justify their actions and to get the throne's popularity first and drag the king in first to legitimize the CPP.
5:13 PM
if you are so understanding of the cambodian context why don't you put your ass up there and do it? Do you think that Theary Seng and millions like her don't know this? Are you saying/thinking that the Cambodians are so stupid, not capable, and not good enouh to have an american, a singaporean, an Indian, or even a Thai style democracy? Do you think that Cambodians are better off just sitting back and give up, rather than trying something? You are a completely useless of a man or a human being.
to all the rude, tastless, mean, jealous, barbaric apes above.
you are the lowest, bart psar type, useless khmer men. you bring shame to yourselves, to your family, to all khmer men, and to your country. if your mother, sister, daughter get rape and mutilated by people like you with your behavior, would you be happy? is that what you want when you exhibit such behavior to other women? that's a low bloe fellas, even at the level of the lewest of human beings.
to all the rude, tastless, mean, jealous, barbaric apes above.
you are the lowest, bart psar type, useless khmer men. you bring shame to yourselves, to your family, to all khmer men, and to your country. if your mother, sister, daughter get rape and mutilated by people like you with your behavior, would you be happy? is that what you want when you exhibit such behavior to other women? that's a low bloe fellas, even at the level of the lewest of human beings.
l'action de non- violence est pas possible avec les youns car les britanniques n'ont a pas envoyé leur peuple pour envahir l'Inde alors que le Vietnam utilise le système de "vietnamisation" pour s'emparer du Cambodge. La situation du Cambodge ne permet de retarder la prise de pouvoir par le peuple. Monsieur le Président, il faut agir efficacement, et maintenant. la philosophie Ghandi ne marche pas avec le plan de Ho Chi Minh. Arrêtez avec Ghandi! tous les youns rigolent!
Madame Theary C. Seng, les younes ne sont pas comme les britanniques qui n'étaient pas opposés à la décolonisation en 1947 parce qu'ils étaient clairvoyants. Par contre Hun Sen est un homme aveugle et les youns ne veulent absolument pas lâcher leur bifteck.
S'il vous plaît arrêter avec de parler Ghandi !
បុគ្គលិក គជប គួតែមានចិត្តក្លាហាន ហ៊ានចេញមក ចូលរួមបង្ហាញការពិត ដើម្បីមានចំណែកជួយរកយុត្តិធ៌ម ជូនជាតិខ្លួន!ជឿជាក់ថាបើមានការបញ្ជាក់ការពិតហើយ ប្រជាពលរដ្ឋខ្មែរយល់ណាស់ នឹង មិនប្រកាន់នឹងអ្នកធ្វើក្រោមបង្គាបគេទេ!
សូមភ្ញាក់ខ្លួនទៅ ឈប់បម្រើផលប្រយោជ ឲ្យជនផ្ដាច់ទៀតទៅ!
Due process my ass. After billions of dollars, no one seemed to care if the despot asshole acting like he is god for 28 years! No justice, no real law, it is all about that asshole and his ass-kissers.
ខ្មែរមានជីវភាពនយោបាយ ស្ថិតក្នុងសភាព ត្រូវតែបន្តររួបរួមគ្នា បង្ហាញស្នាដៃរ ក្នុងការទាមទារកយុត្តិធ៌មឲ្យខ្លួនឯង ឲ្យពិភពលោកឃើញ! សូមបញ្ជាក់ថា បើត្រូវការឲ្យអន្ដរជាតិជួយ មិនត្រូវ ប្ដូរជំហររបស់ខ្លួនជាដាច់ខាត!
ធ្វើអ្វីៗដើម្បីជាតិមិនមែនស្រួលដូចបកចេកទេ! សូមកុំធ្វើអ្វីដូចបរទេសធ្លាប់ដៀលយើងថា៖
"ខ្មែរធ្វើអ្វីឆេះតែមួយឆាវដូចភ្លើងចម្បើង រួចរលត់បាត់យើងចាំតែទទួលផលទៅ"
យើងមិននិយាយ តម្រង់លើបុគ្គលណាទេ! គឺយើងតម្រង់ទាមទា៖
យកអ្វីជារបស់ខ្មែរ!
ខ្មែរត្រូវរស់សមជាមនុស្សក្នុងប្រទេស មានលទ្ធិប្រជាធិប្បតេយ្យពិតប្រាកដ!
មាន រដ្ឋធម្មនុញ្ញ ត្រូវបដិបត្តិ!
បញ្ឈប់ ការហូរចូលនឹងផ្ទុក ជនបរទេសខុសច្បាប់ អោយជិះជាន់ខ្មែរ!
ខ្មែរត្រូវរស់ជាប្រជាជាតិមួយ ដែលមាន សុវឌ្ឍិកម្មនឹងសុវត្ថិភាព ក្នុងបច្ចុប្បន្ននឹងអនាគត របស់ខ្លួន!
You tried speaking non-violence, and the bully would not listen and stop bullying. It is now time to decide what else to do.
No red or blue superpower is going to do anything to help you because there is no longer specific ideology, but it is all about economic power.
get down immediatly the idea of mr ghandi to free the country from youn,because youn are purer than the leech,if you countnue this idea,remember well,one day we can it is an only dream of khmer people,never and will be never to free by this way.
TO OUR COMPATRIOTS AND THE CNRP:
Praying will never work with the evil Vietnam and its puppet Hun Sen. I knew the result of the praying already: fruitless.
However, it would show the CNRP's weakness, no realistic plan to achieve its goal.
Khmer people have empowered you (CNRP) to win the election already. Your job is to take the necessary steps to claim that win.
I said before that it was fortunate for Cambodia that Sihanouk died last year. If Sihanouk were alive, he would have forced the CNRP to give in to whatever Hun Sen wanted.
So, please don't adopt Sihamoni’s suggestions. He is simply a tool for Hun Sen. Sihamoni said whatever Hun Sen has told him to. I felt terrible when I heard the words “ Preah Reach Damress Preah Maha Ksath”.
If the CNRP continued to adopt Sihamoni’s suggestions, the CNRP’s popularity will gradually diminished and the end of Cambodia will be imminent.
Please tell me just one action that this King has done for Cambodia.
Here is my suggestion:
Vietnam wanted to swallow Cambodia a very long time ago. Vietnam has been controlling Cambodia for 33 years.
Do you think Vietnam will relieve its grip on Cambodia after the CNRP's praying ?
No way.
It will require a powerful force from the international community to make this evil Vietnam leaves Cambodia for good. The international community needs a leverage to break Vietnam's grips.
Where is that leverage and who has it ?
The CNRP knows, Khmer people know, and I know that the only way to stop Vietnam is through a peaceful demonstration. We must invoke Mahatma Gandhi's concept by marching peacefully, demanding the CPP to accept its electoral loss or we offer the CPP a new election if this Vietnam's slave felt that its loss was a fluke.
We march peacefully, daring this evil Vietnam and its puppet to shoot us. Only when the killings were enormous that the international community would exercise its right or its morale obligation to intervene and help Cambodia. Otherwise, the evil Vietnam and its puppet Hun Sen would deplore the international community as the interferer of Cambodia's internal affair.
The number of Khmer people who got killed in the demonstration is the LEVERAGE that the international community needs to intervene to help Cambodia. Khmer people are the creators of such leverage.
If the evil Vietnam lost its soldiers to conquer Cambodia, it would be logical that Khmer people lose some lives to save Cambodia. No other way around.
I have put the number at 100,000 people death to win over this evil Vietnam.
Khmer people cannot back down after some people got killed. Use those brave Khmer people death as a motive, a fuel, a morale force to go forward until the international community move in to help us. We cannot do one half way, one half measure.
Our protest has a solid foundation: we demand for justice, the loser must concede its defeat.
Are 100,000 people death too many to sacrifice to save Cambodia?
It is absolutely not, considering the fact that Khmer people will suffer heavily after Cambodia becomes a province of Vietnam or 3 million Khmer people who were largely killed by the evil Vietnam through its Khmer Vietminh during the Pol Pot era or hundreds of thousands of Khmer people who were perished by the K5 project deployed by Vietnam in the 80s.
I put the number at 100,000 because I don't want to see the people demoralize after some brave Khmer people die during the peaceful demonstration. The actual number should be much lower.
In brief, we help ourselves first by creating a leverage, give it to the international community to hit that evil Vietnam and its puppet Hun Sen, then finally a lasting peace will come to Cambodia.
Bun Thoeun
“Duty of a citizen to the defective state is betraying it. Because the defective state has already betrayed its citizens.”
― Ilkin Santak
10:44 PM,
The leverage will happen when someone in the armed forces realized enough is enough. They have the means to carry out some meaningful protest, but first, they have to grow conscience and balls...
Perhaps, Cambodia is doomed because everyone is so afraid of the dictator and his system.
KI MEDIA,
YOU MUST PROMOTE IN FACEBOOK ANY COMPANY WHO MAKE ITS ADVERTISING IN KHMER TV, ITS PRODUCT WILL NOT BE BOUGHT BY THE PEOPLE. THIS IS A REAL PEOPLE"S POWER. I THINK THEY WILL BENT DOWN THEIR BEHAVIOR.
មហាបាតុកម្ម វប្បធម៌អហិង្សា....
សាបដូចទឹកទន្លេ អត់បានការ!
អាឆ្កែអង្គែរស៊ី កន្ទុយខ្វៀន សំរាំង(តែ)ស៊ី
អាឆ្កែយួនកុម្មុយនិស្ត កឹម សុខា
មីគគូថមាន់ ពាក់ដួន មួ សុខហួ
បន្លំសង្រ្គោះនំគមសំផឹង មីទេវតាយួនCPP
និងបន្លំសង្រ្កោះអាស្វាយួនកុម្មុយនិស្ត
អាHai Phúcហ៊ុនសែន
កណ្ដួយម៉ែវា! អាជនក្បត់ជាតិ!
មហាបាតុកម្ម សាបដូចទឹកទន្លេ...
To the 1st poster @ 4:13 PM
At least she has the courage to post her picture here to show how she looks like.
How about you, do you have the balls to show your face like she does?
I guess not, because you are just a male whiner without ball!
That's a good one, 7:34 AM!
attention whore
Stop bitching, whiner!
អាយួនCNRP ជាគណបក្សចិត្តសាស្ត្រ
ប្រើសម្ផស្សគូថស្រ្តីទាក់ទាញ
ដើរតួបោកប្រាស ប្រុសៗខ្មែរ
ឧ្យល្ងីល្ងើ ភ្លេចមុខភ្លេចក្រោយ!
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