Wednesday, May 13, 2009

Silence only helps the oppressors

Lest anyone forgets, in this era of technological progress, what Premier Sen said in his nationally broadcast public speech of April 4 was video-recorded. No court of law anywhere in the civilized world would find it simple to dismiss Sochua's case against the premier.

What's dangerous for the rule of law is what can be read online in a comment on the May 6 Post: "In Cambodia, when you want to sue a powerful man like PM Hun Sen, not only may you lose the case, but your lawyer will probably be disbarred and explicitly intimidated."

PACIFIC DAILY NEWS

May 13, 2009

A. Gaffar Peang-Meth, Ph.D.

Our comfort and complacency about our civil rights at a time when vigilance, rather than polished political rhetoric, is needed to protect those values can result in those rights being diminished.

Hear what 18th century Irish statesman Edmund Burke once said, "All that is needed for the triumph of evil is for good men to do nothing."

President Abraham Lincoln said, "To sin by silence when they should protest makes cowards of men."

And a Holocaust survivor said, "Because of indifference, one dies before one actually dies."

They, among many others, knew what they were talking about.

In my column of May 6, I wrote about a Khmer woman, Mu Sochua, 55, a mother of three and member of the Cambodian parliament, who filed a lawsuit against Premier Hun Sen for "defamation" because of Sen's scurrilous references to her in a nationally broadcast speech on April 4.

Sochua claimed that Sen's comments were directed at her. Although she was not named, the circumstances and references he made in his speech were so specific that they could refer only to her.

On April 23, flanked by her lawyer, Kong Sam Onn, Sochua announced she was suing the premier for 13 cents and a public retraction of his comments.

I wondered in my column whether Sochua was "foolhardy" to confront a strongman who controls all branches of government in a country where "disappearances" and "accidents" are routine, and I reported Sen's countersuit against Sochua for $2,500 for her alleged "defamation" of him.

In a speech at a graduation ceremony, Sen, who has an honorary doctorate from the University of Hanoi, announced he was not only suing Sochua, but both, "a lady and her lawyer," for $ 2,500 each for "defamation" when Sochua and her lawyer announced the lawsuit.

As if to confirm how words flow through Sen's mouth with no restraint, it was reported by multiple sources that, "The premier also referred to the 'lady' in question as 'stupid' and called on the National Assembly to lift her parliamentary immunity."

"To strip her immunity, 'it is as easy as ABC,' the prime minister said," according to reporters. They added that Sen said "it was highly unlikely that (Sen's) own immunity would also be taken away. ... I do not believe that (Cambodian People's Party) lawmakers will suspend my immunity." A Phnom Penh daily newspaper reported that Sen said neither his countersuit nor his April 4 speech was "an affront to women."

The political leader said because he never mentioned Sochua by name, the latter's lawsuit is a defamation, hence, his countersuit against Sochua and her lawyer for defaming him.

"I shall walk to prison, if that is what justice is about in Cambodia," the newspaper reported Sochua as having said.

Meanwhile, the May 6 Phnom Penh Post reported that Sen's lawyer, Ky Tech, said he "filed a complaint with the Bar Association. ... If the Bar's disciplinary council finds (Sochua's lawyer, Kong Sam Onn) was at fault, he will be stripped of his license to practice, and Mu Sochua will need to find another lawyer to take on her case."

The Post reported, "Ky Tech said Kong Sam Onn was at fault because of statements he made when outlining his client's case at an April 23 press conference called by Mu Sochua."

Whoa, a lawyer is at fault for "outlining" the case made by a client? You bet.

Bar President Chiv Songhak said Ky Tech's complaint was now before the disciplinary council, and Kong Sam Onn could receive a warning, have his license suspended or be disbarred.

Guess what? Ky Tech was the Bar Association's former president, and Hun Sen is a lifetime member of the association. The May 8 Daily quoted the premier's lawyer as having told the deputy prosecutor at the Phnom Penh Municipal Court: "I asked the prosecutor to punish (Sochua and her lawyer) according to the law."

The Daily summarized the two lawsuits: "Mr. Hun Sen's case was filed in response to Ms. Mu Sochua's, essentially claiming that she had defamed him by claiming that he had defamed her."

Lest anyone forgets, in this era of technological progress, what Premier Sen said in his nationally broadcast public speech of April 4 was video-recorded. No court of law anywhere in the civilized world would find it simple to dismiss Sochua's case against the premier.

What's dangerous for the rule of law is what can be read online in a comment on the May 6 Post: "In Cambodia, when you want to sue a powerful man like PM Hun Sen, not only may you lose the case, but your lawyer will probably be disbarred and explicitly intimidated."

The late U.S. Attorney General Robert F. Kennedy said, "It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope."

And the winner of Nobel Peace Prize and Gandhi Peace Prize, African spiritual leader Bishop Desmond Tutu's famous words: "If you are neutral in situations of injustice, you have chosen the side of the oppressor."

Justice begs for rights-loving people's action.

A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam, where he taught political science for 13 years. Write him at peangmeth@yahoo.com.

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17 comments:

Anonymous said...

What the fuck does this old chump want to say?

Anonymous said...

Great reflection Peang-Meth for the struggling and the use of the weapon of the weak in Cambodia.

Mu Sochua has gained her intellectual property to fight against the powerful man like Hun Sen. Hun Sen also gains his future fame if he allows this case to strengthening the rule of law in Cambodia.

Anonymous said...

You wanted to say Cham and not Chump.
Please be careful with the Constitution of the Khmer Kingdom.

son of farmer said...

My beloved 7:29PM!

We, Khmer, ain't have any Constitution!

Anonymous said...

Bunch of Bull Shiet by this non sense old fart. Keep on barking old man.

Anonymous said...

It is very great idea. Cambodia lost its land because of the leaders care only about their face more than about territory. Hun Sen still has one eye to see how Cambodia is, but has blind heart to see poor people affected by corruption and invade from neighbors. Why they don't use their brain to think about that?

Anonymous said...

ah khmer yuon blood 4:30 PM,
dr. peang meth is khmerer than you ah otpouch.
every body who born in cambodia are khmers have ancestors from somewhere, like you had ancestors from cave men. you stupid racist yuon blood.
your scared because dr. peang-meth speaks the truth.

Anonymous said...

Dear 10:24 PM,

Please don't curse those (Mr. 4:30 PM & 8:09 PM) who have no aideas about 'Truth, Compassion, Intelligence, Love,... just to name a few.' Because they still submerged deeply into illusions.

Why? Well, those who are greedy, barbaric and cruel, pretentious and arrogant (Hun Sen & bunch of his useless cronies) will NEVER find LIGHT into their heart, head and spirit. Unless, they repent, then they will find way to peace.

Dr. Peng-Meth, I really admire your intelligence and spirits. Thank you, sir, thank you very much!!!

Dr. Peng-Meth, you are among the very well-regarded parsonalities! I'm truly sure that lots of members of new generation have a great respect towards you. That I can assure you because I know someone (the young and well-regarded 'Incognito' persona. In fact, it's the name that most famous leaders gave it to her as a sigh of love) who really admires (your thoughts) you very much. Well done Dr. Peng-Meth!!!

May God bless Cambodia and her People!!!

Anonymous said...

An educated man with decency is the enemy of Hun Sen and his clique, and Dr. Peang Meth is that person. As one of the freedom-and-justice loving people, I agree with Dr. Peang Meth's opinions.

Anonymous said...

Hun Sen will face trial not just here on this planet or earth, he will also face trial down the 7th hell.

Hun Sen is the ruthless man or even worst than Pol Pot his boss.

HUN SEN will go down!!!!!

Anonymous said...

Dear 11:13 PM,

Where the hell did this kind of information come from? Does the word or expression "Incognito" mean anything to you at all? Is it not obvious enough, when one person clearly wishes to maintain a low profile, while others cry out for the spotlight? Is it too much to ask that a 'well-regarded Incognito persona' be left alone to discretely go about her business without being the subject of every conversation and issue?

Rest assured that she is highly involved and well aware of what is going on in Cambodia and around the world. However, that does not mean that she wants or deserves her every action to be put on display.

On the contrary, she prefers to observe ‘from a distance’ and is most inspired to see the active and constructive engagement and interaction of an ever-growing number of Khmer people with diverse capacities, viewpoints and areas of expertise.

Although I’m sure our dear Guru would appreciate that you are thinking of her and eager to share with others, she would appreciate it even more if you would respect her privacy and refrain from publicly disclosing her personal (and classified) information.

Thank you for your cooperation and have a good evening.

Meiling Kang

Anonymous said...

Firstly, my hat go off to all the Khmer compatriots, scholars, intellectuals, and the Khmers around the world in and outside the Khmer Empire nation, who's tirelesly to helps fought for Khmer Krom to reach our independent in the near future.

Secondly, this coming June the fourth Khmer Krom and Khmer around the world will commemorated and observed the lost of Kampuchea Krom 60th aniversaries. To all Khmer around the world, please help participates in this events by seeking the information from Khmer Krom representative everywhere in your community.

Thirdly, my respectfully goes to the team of KI-Media. So far your team had done a tremendous job for the Khmer benefits and keep up the good works.

Fourthly, to all Khmer abroad please bring back The Fourth Factions or Paris Peace Accord unity strategy models.In the early ninety the only Youn pullout from Cambodia because we Khmers had united. Back then king Seyhanouk had all the power, popularity and was incharged. Every body respected him from Khmer perspective and the international community perspective. If I were him I would use this power and popularity to declare to the world community that the Khmer people still under the supression, aggression of Youn and Seam. In doing so, his reputations and credibility will be installed next to the Great Khmer King Jayavarman VII.
In the case of Kampuchea Krom, if we use this exact models we Khmer will once again liberated Kampuchea Krom from the Youn iron grips.And possibly Khmer Krom can declare their independent or reannexed to Cambodia who knows.

Respectively your,

Khmer Empire

Anonymous said...

11:13am or meiling kang

Yours sounds like a japanese cartoon character. YOu think this is a kid's playground?

Anonymous said...

9:35 AM,

To answer your question...

In fact, I know her. She is not Japanese but Chinese. You must come from a heavy jungle to not recognise a very famous chinese name, Kang.

Just to answer to your BURNING question... Yes, there is one, well, not just one but many. I'm sure it will help you to be more knowledgeable than this VERY moment state of your life. How does it sound? I think its fantastic!!!

So, good luck boy and study hard!!!

Singapor brother

Anonymous said...

Singapor brother,Well done man!!!

9:35 AM, I THINK YOU SHOULD GO BACK TO SCHOOL. You are disgracing yourself, right now. Poor boy!

OK, alright let me teach you a little world history, would you?

In fact, Meiling Kang's background can be traced way back to the Qing Dynasty. Her great, great, great grandfather's bloodline is derived directly from Confucius.

So, in order to compete with one of the greatest minds of the Chinese new generation members, I would wholehearthly recommand you to STUDY VERY HARD.

Please stay in school, boy!

Best of luck!
Your neighbor

Anonymous said...

Yeah Dumb ass jungleboy 9:35 AM, study hard!!

Ok, Dumb ass 9:35 AM, before you open your stinky mouth, you better go to school first.

Anonymous said...

You are in deep shit man, 9:35 AM!

Here is the lesson, never but ever and never try to disgrace the goody good powerful peoeple like her. You see what I mean? This just to help you to get into trouble like this shit again, ok homeyboy!