Showing posts with label Hor Nam Hong's lawsuit against Sam Rainsy. Show all posts
Showing posts with label Hor Nam Hong's lawsuit against Sam Rainsy. Show all posts

Friday, September 23, 2011

Sam Rainsy appeals defamation sentence

Friday, 23 September 2011
Meas Sokchea
The Phnom Penh Post

Sam Rainsy’s lawyer yesterday asked the Appeal Court to overturn a defamation and disinformation conviction against the opposition leader for his allegation that Foreign Minister Hor Namhong had run a Khmer Rouge prison.

No decision was reached by Presiding Judge Seng Neang, but Hor Namhong’s lawyer, Kar Savuth, told the court he hoped “100 per cent” the two-year jail term imposed on Rainsy in April this year for alleging his client ran the Boeung Trabek prison would be upheld.

“The penal procedure code states clearly that whoever files the complaint must be present at the hearing, and Sam Rainsy was not present,” Kar Savuth said.

“If the culprit [Rainsy] was not present, the opposition’s complaint must perish uselessly and the court must keep the old verdict.

“Therefore, I believe the court dares not to change the old verdict.”

Saturday, April 30, 2011

BREAKING NEWS: Hor Namhong Finally Lost His Lawsuit Against Sam Rainsy In Paris

29 April 2011
Breaking news

HOR NAMHONG FINALLY LOST HIS LAWSUIT AGAINST SAM RAINSY IN PARIS

The French Supreme Court ("Cour de Cassation") reportedly overruled earlier this week previous judicial decisions related to the defamation lawsuit filed by Cambodian Foreign Minister Hor Namhong against opposition leader Sam Rainsy in Paris. Therefore, Hor Namhong has finally and definitively lost his lawsuit against Sam Rainsy who accuses him of being a former Khmer Rouge leader responsible for the death of many people.

Monday, May 24, 2010

Sam Rainsy lost to Hor 5 Hong on appeal

24 May 2010
Everyday.com.kh
Translated from Khmer by Socheata

Opposition leader Sam Rainsy’s defense lawyer in France indicated on Sunday that, on 20 May 2010, the French appeal court had decided to stay on the decision handed down by the tribunal of first instance in the lawsuit brought up by Hor 5 Hong against Sam Rainsy. Didier Alla, Sam Rainsy’s defense lawyer told this news to The Phnom Penh Post, and that the appeal court issued this decision on 20 May. Didier Alla added: “What was decided by the tribunal of first instance will be preserved.” Sam Rainsy lost his case in the defamation lawsuit brought up by Hor 5 Hong at the tribunal of first instance last year. He was ordered to pay 1 euro in damage compensation to Hor 5 Hong. Hor 5 Hong said that, in his autobiography, Sam Rainsy accused him of leading the Boeng Trabek re-education center where diplomats and officials from the Lon Nol and Sangkum Reastr Niyum (Sihanouk) regimes were jailed and/or killed during the KR regime.

Thursday, August 20, 2009

Khmer Intelligence News - 20 August 2009

KHMER INTELLIGENCE NEWS

20 August 2009

Hor Nam Hong’s defamation lawsuit at French Appeal Court on 8 October (1)

The defamation lawsuit that Hor Nam Hong has filed before the French tribunal against Sam Rainsy and his publisher Calmann-Lévy will reach the Paris Appeal Court on 8 October 2009.

There are new developments that French judges in Paris would want to examine. Those developments are related to the works done since the beginning of the year by the Khmer Rouge Tribunal in Phnom Penh. Prosecutors, judges and lawyers at the ECCC who are currently dealing with the case of Kaing Guek Eav alias Duch, the director of the Tuol Sleng center (S-21), have gained a better understanding of the prison system and the death chain under the Pol Pot regime from 1975 to 1979. Under that regime, there was no police and no tribunal, but only torturers and executioners who wanted to please political leaders who were paranoid. In such a system, anyone could be arrested after being denounced by anyone else, then sent to S-21 to be tortured until he/she “confessed” his/her “crimes” before being finally and inevitably executed. Those who denounced other people could be detainees who, under duress, came out with names of innocent people they were forced to implicate in imaginary crimes. Denunciations could also come from Khmer Rouge elements or from ordinary people working under the Khmer Rouge at all levels and in all spheres of activities. Those denunciations, with terrible consequences, were often motivated by the fear of being suspected and killed by the Khmer Rouge if one did not take initiative to denounce at least a few acquaintances. But denunciations could also be motivated by the zeal manifested by some people who wanted to be appreciated by their Khmer Rouge bosses. Many former prisoners at the Boeng Trabek reeducation camp (B-32) described Hor Nam Hong as a zealous president who denounced a number of prisoners, who eventually and tragically ended up at S-21. Testimonies can be read at http://tinyurl.com/56czqh

Cambodia’s corrupt justice system: a repellent for legitimate foreign investors (1)

The Cambodian justice system is known to be corruption-ridden, which frightens much needed legitimate foreign investors. Judges usually make their decisions based on bribes they receive. A recent example of this money-based justice is embodied by a judge named Kim Eng at the Sihanoukville provincial court. After he had received a hefty kickback from a CPP parliamentarian named Long Sakhorn (see KI News, 28 July 2009: “CPP parliamentarian involved in criminal acts”), Judge Kim Eng made on 27 November 2008 a decision that should lead to a severe punishment by the Supreme Council of Magistracy. He committed four blatant offences by grossly twisting a provision of the 2001 Land Law in favour of Long Sakhorn, by ignoring rules and regulations legally implemented by the Land Titling Office, by issuing inconsistent instructions to government and court officials, and by endorsing a document forged by Long Sakhorn to avoid paying taxes to the state.

Evidence related to the case is presented at http://tinyurl.com/llokd2

Sokimex and Tela make huge profits following gasoline price hikes (2)

Gasoline price in Cambodia has sharply increased since the beginning of the year. The increase is not fully justified by the evolution of crude oil price on the international markets. See comparative charts at http://tinyurl.com/m59t5t

Cambodian gasoline distribution companies immediately increase their selling prices following any increase in crude oil price on the international markets, but when crude oil price declines they only partially, and with a time lag, pass on the decline to consumers.

Gasoline price has now reached 4200 riels (US$1) per liter, significantly higher than in neighboring Viet Nam and Thailand where taxes are lower than in Cambodia.

In the USA, gasoline price is currently around $3 per gallon or $0.77 per liter, meaning 23 percent cheaper than in Cambodia. The minimum wage in the USA is at least 20 times as much as in Cambodia (around $50 per month).

The reason why the Cambodian government keeps relatively high taxes on imported petroleum products is related to corruption. Less than half the volume of petroleum products used annually in the country is legally imported, the rest is smuggled in by powerful people associated with Sokimex and Tela. These two Cambodian-owned companies are making huge profits while they still afford to sell their products about 5 percent cheaper than their foreign-owned competitors Caltex (Chevron) and Total. The latter have to pay the full amount of import taxes collected by the state while Sokimex and Tela collect for themselves fraudulent private taxes included in their selling prices.

“Tack Fat” is dead, long live “Tack Foc” (2)

We have already exposed the bankruptcy of Tack Fat, which used to be Cambodia’s number one garment producer (see KI News, 13 October 2008: “Garment manufacturer Tack Fat has gone bankrupt”). We have also revealed that the company's main leaders had fled Hong Kong to escape prosecution (KI News, 16 December 2008: “Top managers of Hong Kong-based Tack Fat company are in hiding in Cambodia”). Shareholders in Hong Kong have been swindled and the unscrupulous managers have fled to Cambodia with the company's cash. The fugitive businessmen have renamed their company “Tack Foc” and they have secured from the Cambodian government a 100,000-hectare land concession to make their company’s balance sheet look better (window dressing operation). Tack Fat used to be listed on the Hong Kong Stock Exchange. Tack Foc hopes to be listed on the to-be-launched Phnom Penh Stock Exchange.
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ARCHIVES

KHMER INTELLIGENCE NEWS - 13 October 2008

Garment manufacturer Tack Fat has gone bankrupt (1)

The Hong Kong-based daily newspaper South China Morning Post, October 8, 2008, confirmed that Tack Fat Group International, a well-known firm listed on the Hong Kong Stock Exchange and the parent company of Tack Fat Garment (Cambodia) Ltd, a major garment manufacturer in this country, has gone bankrupt. The news reads as follows, "Last month [September 2008], banks applied to wind up (…) swimwear maker Tack Fat International Group after [it] defaulted on loans." Tack Fat becomes the second "collapse of a Hong Kong-listed retailer amid the financial meltdown."

According to a business analysis, "Tack Fat Group's principal activities are designing and manufacturing of jeans, pants, shorts, swimming apparel and sportswear for men, women and children. Other activity includes investment holding. The Group has three production facilities, one of which is located in Luoding City, Guandong Province, the People's Republic of China and the other two of which are located in Phnom Penh, Cambodia. The majority of the Group's products are exported to the North American, European markets and other regions." http://tinyurl.com/3mpvvl

A September 16, 2008 statement by the Group's "Provisional Liquidators Appointed" specifies, "The place of incorporation of the Company is in Cayman Islands and the shares [were] suspended for trading since 9:30am, 30 July 2008." http://tinyurl.com/3lgb8a

Information about Tack Fat Garment (Cambodia) Ltd can be obtained at http://tinyurl.com/437q8l

KHMER INTELLIGENCE NEWS – 16 December 2008

Top managers of Hong Kong-based Tack Fat company are in hiding in Cambodia (2)

In addition to "Garment manufacturer Tack Fat has gone bankrupt" as published by Khmer Intelligence News on 13 October 2008, we have learned that the company's top managers are now in hiding in Cambodia to escape prosecution in Hong Kong. Shareholders have been swindled and the unscrupulous managers have fled to Cambodia with the company's cash. Criminals who can pay bribes, or are financial cronies, to Cambodia's political leaders enjoy impunity in this country. The wife of a powerful man here holds a significant stake in Tack Fat's Cambodian subsidiary, which used to provide the mother company in Hong Kong with fake certificates of origin, with the complicity of the Ministry of Commerce, allowing fraudulent garment exports from China to the USA using the label "Made in Cambodia."


[End]

Thursday, February 05, 2009

Khmer Intelligence News - 4 February 2009

KHMER INTELLIGENCE NEWS
4 February 2009


No army or police reshuffle in the next three weeks (2)

King Norodom Sihamoni left Cambodia today for a three-week visit to China where he will stay with the King-Father and the Queen-Mother in Beijing. Some observers infer that there would be no army or police reshuffle during the King's absence because only the Monarch can sign off Royal Decrees promoting or demoting high-ranking government officials.

49 potential Assembly seats for non-CPP parties (1)

Funcinpec (FUN) and Norodom Ranariddh Party (NRP), which have just signed a cooperation agreement for the upcoming provincial and district elections in May 2009, would have won 9 National Assembly seats, instead of 4 (2 + 2 ), had they presented a single list of candidates at the last parliamentary poll in July 2008.

If the following non-CPP political parties had been united last year they would have won the following number of Assembly seats (out of 123):
  • Sam Rainsy Party (SRP) + Human Rights Party (HRP): 34 instead of 29 separately (26 + 3).
  • SRP + HRP + NRP: 41 seats instead of 31 separately (26 + 3 + 2).
  • SRP + HRP + NRP + FUN: 46 seats instead of 33 separately (26 + 3 + 2 + 2).
  • SRP + HRP + NRP + FUN + Smaller Parties: 49 seats instead of 33 separately (26 + 3 + 2 + 2 + 0).
Simulations are made in the framework of the prevailing proportional representation system using the largest-average formula. Details at http://tinyurl.com/63zuyc

Land grabber Keat Kolney testified in favor of Hor Nam Hong in Paris (1)

In relation with the defamation lawsuit he filed against opposition leader Sam Rainsy before the French Court , Foreign Affairs Minister Hor Nam Hong produced last December in Paris a testimony from Ms Keat Kolney, who is Finance Minister Keat Chhon's sister.

Keat Kolney wrote: "Mr. Hor Nam Hong, whom I knew and met at special meetings presided over by Ieng Sary [at the Boeng Trabek re-education camp], was torn apart [in his conscience] and had to resign himself to following the will of the Khmer Rouge."

Keat Chhon recognizes that he was Pol Pot's personal secretary and special adviser from 1975 to 1982. His sister Keat Kolney is currently involved in land grabbing in the Northeast of Cambodia and has clashed with indigenous people (hill tribe minorities) there.

See details of Keat Kolney's activities at http://tinyurl.com/cos5al and at http://tinyurl.com/dkeedq

Semantics and politics: "Siem" and "Yuon" versus Thailand and Vietnam (2)

Ordinary Cambodian people continue to widely use old and traditional terms to speak about their neighbors even though they may not sound politically correct for some people.

For instance, headlines in today's main Khmer-language newspapers, both government-affiliat ed and opposition-affiliat ed, call Thailand or Thai authorities "Siem". Similarly, the same newspapers have been often calling Vietnam or Vietnamese authorities "Yuon".

Actually, the words "Siem" and "Yuon" have been used by the Khmer people since several hundreds years ago, at a time when Thailand (formerly Siam ) and Vietnam (formally Annam ) did not exist under their current names, as evidenced by inscriptions on century-old temple steles.

Nowadays, in their daily language, Khmer people indifferently use "Siem" or "Thai" on the one hand, and "Yuon" or " Vietnam " on the other. There are old geographic places such as Siem Reap province, Kampong Siem district (in Kampong Cham province), Banteay Yuon (a village in Pursat province), Prek Yuon (a river in Kandal province). In culinary arts, there is a dessert called Chomnei Siem (Thai delicacy) and a dish called Samlo M'chu Yuon (Vietnamese sour soup).

Therefore "Siem" and "Yuon" are not derogatory words as some foreign "experts" pretend.

See today's Cambodian newspapers' headlines at http://tinyurl.com/d9ouqu

[End]

Thursday, January 29, 2009

Sam Rainsy to appeal France's verdict and will send more evidence to the court

Sam Rainsy Fined for Libel of Foreign Minister

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
28 January 2009

A French court on Tuesday fined opposition leader Sam Rainsy and a French publisher $12,500 for public defamation of Cambodian Foreign Minister Hor Namhong.

The court found libelous one passage in a book written by Sam Rainsy and published by Jean-Etienne Cohen-Seat in May 2008, “The Roots in the Stone,” which accused Hor Namhong of collaboration with the Khmer Rouge and the deaths of “numerous” people, to a court announcement.

The costs include more than $5,000 for publishing a correction in two French newspapers.

The court order also included the deletion of one page of the book, which includes the sentence, “A few years later, the Minister of Foreign Affairs would be a collaborator of Khmer Rouge power, suspected for having caused the death of numerous persons, among them members of the royal family.”

Sam Rainsy said he lost the case because the French courts were not able to properly examine the case in Cambodia, and he planned to appeal.

This is just a first step,” he said. “We will appeal and send more evidence to the court.”

During the April 2008 anniversary of the fall of Phnom Penh, Sam Rainsy said both the Minister of Finance, Keat Chhon, and the Minister of Foreign Affairs, Hor Namhong, had been members of the Khmer Rouge.

The editor of an opposition newspaper, Dam Sith, was jailed for one week in June 2008 for publishing Sam Rainsy’s remarks. Dam Sith was released on bail and later met with Hor Namhong, who then said he was dropping his suit against the editor to prevent clouding the upcoming national elections.

“This is the second round of justice given to me in France, and for the second time in Cambodia,” Hor Namhong told VOA Khmer.

Wednesday, January 28, 2009

Sam Rainsy fined by French court, must pay 1 euro in damage compensation to Hor Nam Hong


28 Jan 2009
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French


The Paris tribunal sentenced the Cambodian opposition leader for public defamation against Hor Nam Hong, the minister of Foreign Affairs.

The sentence was handed down on Tuesday 27 January. Sam Rainsy was found guilty by the French court of publicly defaming Hor Nam Hong in his autobiography “Rooted in the stone,” which was published in France by Calmann-Levy in May 2008.

In this book, Sam Rainsy implied that Hor Nam Hong was a Khmer Rouge collaborator, and he caused the death of several people. Because of this, Jean-Etienne Cohen-Seat, the book editor, and Sam Rainsy must pay a 1,000-euro in fine each. They must both pay to Hor Nam Hong, the plaintiff in the legal case, a symbolic sum on 1 euro for damage compensation, as well as 4,500-euro based on the stipulation of Article 475-1 of the penal code.

In case the book is re-printed, the court also orders the removal from page 209 of the book the following sentence: “A few years later, the minister of Foreign Affairs would become a collaborator of the Khmer Rouge regime, and he was suspected of causing the death of several people, including members of the royal family.” Thus, the court is finding that Calmann-Levy, the book publisher, is responsible for this portion.

On the other hand, the Paris tribunal rejected all other complaints raised by Hor Nam Hong. The guilty party must pay the cost to publish a legal communiqué stating this sentence in two newspapers to be selected by Hor Nam Hong’s party.