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| Cartoon by Sacrava (on the web at http://sacrava.blogspot.com) |
Showing posts with label Brad Adams. Show all posts
Showing posts with label Brad Adams. Show all posts
Monday, June 11, 2012
Sacrava's Political Cartoon: 10,000 days of Hun Xen
Saturday, June 09, 2012
លោក កែវ រ៉េមី៖ «@*&%!»
លោក កែវ រ៉េមី, អនុប្រធានអង្គភាពព័ត៌មាន និង ប្រតិកម្មរហ័ស នៃ ទីស្តីការគណៈរដ្ឋមន្ត្រី, បាន ថ្កោលទោស លោក ប្រាដ អាដាម នៃ អង្គការឃ្លាំមើលសិទ្ធិមនុស្ស ពីបទ បង្កើតអសន្តិសុខ ដោយសាតែ ឯកសារលាតត្រដាង ភាពជាក់ស្តែង នៃ របបអំណាចផ្តាច់ការ របស់ អាយ៉ងកុម្មុយនិស្តយួន (សូមរំលឹកថា លោក ហ៊ុន សែន បាននិយាយ យ៉ាងត្រេកត្រអាល និង និយាយត្រង់ៗ៖ «ខ្ញុំអាយ៉ងវៀតណាម») ។ ឯលោក រ៉េមី វិញថា «ខ្ញុំឆ្កែវៀតណាម» ។
ក.ស.ប. (ភ្នំពេញ)
Friday, June 08, 2012
ថាហើយថាទៀត! នេះជា រដូវ ស្កែប៊ុនចឺងភូស នៅសុកស្មែរ!
Friday, 08 June 2012
ដោយៈ ឃួន វាយោ
Cambodia Express News
ភ្នំពេញ៖ នៅព្រឹកថ្ងៃទី៨ ខែមិថុនា ឆ្នាំ២០១២នេះ លោក កែវ រ៉េមី អនុប្រធានអង្គភាពព័ត៌មាន និង ប្រតិកម្មរហ័សរបស់ទីស្តីការគណៈរដ្ឋមន្រ្តី បានធ្វើសន្និសីទការសែទមួយ ដោយបាន ច្រានចោល ការលើកឡើងរបស់ លោក ប្រេន អាដាម ដែលបានចោទប្រកាន់រាជរដ្ឋាភិបាលកម្ពុជាថា បានកាន់ អំណាចផ្តាច់ការ។
លោក កែវ រ៉េមី មានប្រសាសន៍បែបនេះ នៅក្នុងសន្និសីទកាសែតមួយ ដែលរៀបចំឡើងនៅ ទីស្តីការគណៈរដ្ឋមន្រ្តីថា ការចោទប្រកាន់របស់លោក អាដាមនេះ ធ្វើឡើងគ្រាន់តែជាការ សងសឹកតែប៉ុណ្ណោះ ដើម្បីឲ្យកម្ពុជាវឹកវរទៅរកភាពអន្តរាយ។
ឯកអគ្គរាជទូតខ្មែរប្រចាំនៅចក្រភព អង់គ្លេស នៅថ្ងៃព្រហស្បតិ៍ ទី០៧ ខែមិថុនា ឆ្នាំ២០១២ បានបញ្ចេញ ប្រតិកម្មថ្កោលទោសអត្ថបទមួយរបស់ លោក ប្រេន អាដាម ប្រធានអង្គការឃ្លាំមើលសិទ្ធិមនុស្ស ដែលបានរិះគន់ ឥតសំចៃមកលើប្រមុខរាជរដ្ឋាភិបាលកម្ពុជា ជាពិសេសឆន្ទៈរបស់ប្រជាពលរដ្ឋកម្ពុជា ដែលបានបោះ ឆ្នោតជូនគណបក្សប្រជាជនកម្ពុជា នាការបោះឆ្នោតក្រុមប្រឹក្សាឃុំ-សង្កាត់ ៣ មិថុនា ឆ្នាំ២០១២។
Barking season in England: Hor 5 Bora barks at Brad Adams for criticizing his master
Thursday, 07 June 2012
ដោយៈ សយ សុភា
DAP news
It’s regrettable that Mr. Adams’ dishonesty cannot produce any results. The preliminary election results show a landslide victory for Samdach Priminister Hun Xen and the CPP…
It is a shame for a respectable newspaper, such as the International Herald Tribune, it should review this poisonous article whose content is filled with personal violations. I can imagine that the majority of readers can think that something else is behind this [article] rather than providing news information and it will make the readers understand that the judgment effort by Adams is a useless waste of space.Mr. Adams was one of the candidates who was invited to write a useless story and his criticisms are intended to show his disdain for Samdach Priminister only. Mr. Adams showed a view that people in the world would disagree with him. He should not put low value on the voters in Cambodia. Mr. Adams should practice as his organization’s name, Human Rights Watch, and he should respect the choice and the decision of the Cambodian voters also. (sic!)
សេចក្តីប្រកាសព័ត៌មានរបស់ស្ថានទូតកម្ពុជា ប្រចាំនៅចក្រភពអង់គ្លេស ដាណឺម៉ាក ហ្វាំងឡង់ អៀរឡង់ ន័រវ៉េស អេព្យូពី និងសហភាពអាហ្វ្រិក បានឲ្យដឹងថា រាជរដ្ឋាភិបាលកម្ពុជា បានថ្កោលទោសចំពោះអត្ថបទដ៏ គំរោះគំរើយ នៅក្នុងកាសែត The International Herald Tribune ដែលត្រូវបានគេប្រើ ដើម្បីធ្វើការវាយ ប្រហារមកលើសម្តេចតេជោ ហ៊ុន សែន នាយករដ្ឋមន្រ្តី នៃព្រះរាជាណាចក្រកម្ពុជា។
Wednesday, June 06, 2012
២៧ឆ្នាំក្រោមការគ្រប់គ្រងអំណាចរបស់លោក ហ៊ុន សែន - 10,000 days of Hun Xen
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| ហ៊ុន សែន |
2012-06-06
ដោយ តាំង សារ៉ាដា
RFA
Click the control below to listen to the audio program
ភ្នាក់ងារអង្គការសិទ្ធិមនុស្សអន្តរជាតិបានចាត់ទុកថា ការដឹកនាំរយៈពេល ១ម៉ឺនថ្ងៃ ស្មើនឹង ២៧ឆ្នាំ របស់ លោកនាយករដ្ឋមន្ត្រី ហ៊ុន សែន ដូចគ្នាទៅនឹងក្រុមមេដឹកនាំដែលល្បីខាងការគ្រប់គ្រងប្រទេសបែបផ្តាច់ការបំផុត ក្នុងពិភពលោក។
នៅក្នុងអត្ថបទរបស់ លោក ប្រេដ អាដាម (Brad Adams) នាយកប្រតិបត្តិទទួលបន្ទុកកិច្ចការតំបន់អាស៊ី របស់អង្គការឃ្លាំមើលសិទ្ធិមនុស្សអន្តរជាតិ (Human Rights Watch) ដែលចុះផ្សាយក្នុងទំព័រកាសែត ឌឹ ញូវ យ៉ក ថែម (The New York Time) និងចុះផ្សាយនៅក្នុងព្រឹត្តិបត្រ ឌឹ ខេមបូឌា ដេលី (The Cambodia Daily) នៅក្នុងប្រទេសកម្ពុជា កាលពីដើមខែមិថុនា នេះ បានសរសេរថា លោក ហ៊ុន សែន ជាមេដឹកនាំម្នាក់ក្នុងចំណោមក្រុមមេដឹកនាំបែបជើងកាង និងចិត្តឆៅ ដែលជាក្រុមមនុស្សជើងខ្លាំងគ្រប់គ្រងបែបបំភិតបំភ័យឥតសំចៃខាងការប្រើអំពើហិង្សា ប្រហារក្រុមអ្នកជំទាស់ដោយមិនខ្លាចច្បាប់ និងអមទៅដោយកងកំលាំងអង្គរក្សផ្ទាល់ខ្លួន បំពាក់សព្វាវុធគ្រប់ធុន។
លោក ប្រេដ អាដាម មានប្រសាសន៍ថា អត្ថបទរបស់លោក គឺចង់ទាញការចាប់អារម្មណ៍របស់មហាអំណាចធំៗក្នុងពិភពលោកឲ្យយកចិត្តទុកដាក់ឡើងវិញក្នុងការពិនិត្យមើលអំពីភាពមិនប្រក្រតីក្នុងប្រទេសកម្ពុជា នៅគ្រាដែលប្រមុខរដ្ឋាភិបាលនៃប្រទេសមួយនេះ ក្តោបក្តាប់អំណាចដល់ទៅ ២៧ឆ្នាំ នោះ។
លោក ប្រេដ អាដាម៖ «ដោយសារខ្ញុំចង់ឲ្យពិភពលោកចាប់អារម្មណ៍សាជាថ្មីមកលើប្រទេសកម្ពុជាឡើងវិញ ដូច្នេះហើយបានជាខ្ញុំសរសេរអត្ថបទនេះ។ ដូចលោកអ្នកដឹងស្រាប់ហើយថា គ្មាននណាម្នាក់កាន់អំណាចរហូតដល់ទៅ ១ម៉ឺនថ្ងៃ នោះទេ ព្រោះការគ្រប់គ្រងបែបនេះវាយូរពេក។ ប្រធានាធិបតីសហរដ្ឋអាមេរិក អាចកាន់រដ្ឋបាលរបស់ខ្លួនបានតែ ៨ឆ្នាំប៉ុណ្ណោះ យ៉ាងយូរបំផុត។ ដូច្នេះ អាយុនៃអំណាចរបស់ លោក ហ៊ុន សែន ក្នុងរយៈពេល ២៧ឆ្នាំ នេះ វាជារយៈពេលដ៏យូររ៉ាំរ៉ៃណាស់ទៅហើយ។ លោក ហ៊ុន សែន ធ្លាប់ប្រកាសថា លោកនឹងកាន់អំណាចរហូតដល់លោកអាយុ ៨០ ទៅ ៩០ឆ្នាំ ដែលការអះអាងបែបនេះ មិនមានភាពប្រក្រតីនោះឡើយសំរាប់កម្ពុជា។ ពីមុនកម្ពុជាទទួលបានការយកចិត្តទុកដាក់ខ្លាំងពីមជ្ឈដ្ឋានខាងក្រៅ តែឥឡូវហាក់មានកំរិតតិចតួចបំផុត។ បណ្ដាប្រទេសទាំងនោះមិនត្រូវគិតថា កម្ពុជាមានសារៈសំខាន់អ្វីខ្លះសំរាប់ពួកគេនោះទេ ប៉ុន្តែពួកគេត្រូវគិតថា វាសនាអនាគតកម្ពុជា វាសំខាន់សំរាប់ពលរដ្ឋកម្ពុជា»។
Sunday, December 04, 2011
Brad Adams: Sihanouk and the Khmer Rouge
Click below to listen to the audio program:
01 Dec 2011
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| Brad Adams |
Radio Free Asia
Translated from Khmer by Oss Srok
Click here to read the original article in Khmer
During the preliminary hearing of the KR Tribunal (KRT) on 22 Nov 2011, Khieu Samphan, one of the accused in Case 002, told the court that his trial as the nominal president of the Democratic Kampuchea (DK) is not fair.
Khieu Samphan indicated that the president of the DK before him was Norodom Sihanouk and he should be brought to trial as well.
Khieu Samphan: “Why didn’t you summon Samdech [Sihanouk] to sit in the dock with us also?”
Do you have any comment on the issue raised by Khieu Samphan?
Brad Adams: Regarding Norodom Sihanouk, by what I heard, he used to say on several occasions that he will testify at the KRT. I really admire him very much that he volunteered to clarify the tribunal because he is the most respectful VIP in Cambodia. Therefore, when he testifies to the court, others who will be summoned by the tribunal will have a tough time refusing to do so.
However, I don’t understand why he changed his mind and refused to clarify the court. I believe that he has nothing to fear because documents show that the KR used him before they came to power. At that time, Sihanouk was responsible for encouraging the people to join the KR movement. When he returned to Cambodia after the KR came to power, he became a prisoner of the KR and he was jailed in his palace. He was able to leave Cambodia because China told the KR not to kill him.
Saturday, November 26, 2011
Khmer Rouge trial is failing Cambodian victims of Pol Pot's regime
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| Despite five years of process at a cost of nearly £100m, only one defendant - prison warden Kaing Guek Eav, alias as Duch - has been convicted. Photograph: Reuters |
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| Hun Xen sharing niceties with Khieu Samphan and Nuon Chea |
UN's reputation also at stake amid interference and delays at court where its judges sit with Cambodian counterparts
Wed 23 Nov 2011
Brad Adams
guardian.co.uk
If additional cases are not allowed to go ahead, only four people will end up going on trial for one of history's darkest moments. This will allow many Khmer Rouge officials responsible for large-scale atrocities to continue to live freely, some in the same communities in which they carried out mass killings. It will mean the man I met in Berkeley may never feel like he can go home. "I want to die in my country," he said. "But not of a broken heart."
At a conference on Cambodia in Berkeley last week, an elderly Khmer man tearfully explained to me why he won't go back to his homeland. "How can I go there and have any peace so long as the people who killed all of my family are still free?"
The extraordinary chambers of the courts of Cambodia (ECCC), set up by the Cambodian government and the United Nations, were supposed to ease his way home. But after five years and more than $150m (£96m), the court has tried just one defendant, Kaing Guek Eav (alias Duch), the warden of the infamous Tuol Sleng detention centre where approximately 14,000 people were tortured and then executed. Repentant, Duch confessed and was convicted of crimes against humanity.
This week the long-awaited trial of former Khmer Rouge leaders Nuon Chea, Khieu Samphan, and Ieng Sary finally began. The first case takes up the forced removal of Phnom Penh residents to the countryside, where large numbers were executed or died after being subjected to forced labour.
Monday, October 24, 2011
Government derides NGO law critics
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| A rights monitor from a local NGO observes a forced eviction at Boeung Kak lake in September. Photo by: Meng Kimlong |
Monday, 24 October 2011
Bridget Di Certo
The Phnom Penh Post
The government last week issued a stinging retort to civil society’s intense criticism of the draft NGO law, signalling that any changes to the law are unlikely to be substantive.
“For too long already, [Human Rights Watch director] Brad Adams and his peers have painted Cambodia NGOs as the victims of political and human rights violations committed by the RGC, which is a plain lie within a global framework of a campaign of intoxication [sic] against Cambodia,” the statement read.
Released late Thursday by the Council of Ministers’ Press and Quick Reaction Unit, the statement said that such criticisms of the draft NGO law were premature.
Wednesday, January 19, 2011
Saturday, January 15, 2011
Sacrava's Political Cartoon: Brad Adams
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| Cartoon by Sacrava (on the web at http://sacrava.blogspot.com) |
By Khmerization
Sources: DAP News and CEN
A senior Cambodian government official has on 14th January bitterly attacked Mr. Brad Adams ,executive director of Human Rights Watch, and called him 'an international bandit' after Mr. Adams had given an interview to Radio Free Asia's Khmer Language program, where he criticised Mr. Hun Sen's leadership.
Tith Sothea earns the title “Banana Kingdoom Ape” hands down for his cursing skill
Government official calls HRW’s Brad Adams “Forest Thief wanting to destroy peace and development in Cambodia”
Friday 14 Jan 2011
By Son Sopheak
DAP-news
Translated from Khmer by Neay Oss Somneuch
“Cambodia’s is the paradise of human rights, but some have use their rights excessively, that’s why court cases were brought up [against them]” – Tith Sothea, PQRU foul mouth ape
A government official decided to show his anger for his boss by cursing Brad Adams, the executive director of Human Rights Watch's Asia Division, who gave an interview with a foreign radio station on 14 January 2011 and who sternly criticized Hun Xen, the official’s boss.
This government official calls Brad Adams: Forest thief leader who wants to destroy social security in Cambodia.
On a foreign radio station, Brad Adams criticized Hun Xen as a leader who clings to power for a long time and who is moving toward dictatorship. He also indicated that Hun Xen can rule on Cambodia up to now only by using a strategy of division and threat, and by buying out a number of opposition officials.
Brad Adams also criticized the revenue from sale of natural resources which ended up in the pocket of Cambodian government leaders, therefore he called in Hun Xen to organize an election to choose a new leader.
Wednesday, April 21, 2010
Cambodia's genocide trial described as expensive farce
Brad AdamsABC Radio Australia
The United Nations' chief legal counsel called for donors to help fund Cambodia's United Nations backed genocide trial. The tribunal is not funded by UN member states but instead relies on voluntary contributions. Since 2006 it has cost around 50 million US dollars a year to run. Now a former high-profile supporter of the UN-backed tribunal says further funding would be a waste of money.
Presenter: Sen Lam
Speaker: Brad Adams, Human Rights Watch Asia division director
SEN: Brad you were a vocal supporter of the UN backed tribunal before but not now so what changed your mind?
ADAMS: We had very high hopes for this tribunal. For more than 20 years politics had stopped the international community from helping Cambodians bring the Khmer Rouge to justice. There were Cold War politics between the United States, China, the former Soviet Union and Vietnam that stopped it. We thought that the tribunal would be able to bring new facts to the Cambodian people, let them know what really happened. We thought that it would be a chance to create a model court in Cambodia where there would be an independent judiciary and where some of the judges and prosecutors involved would be able to take the skills that they obtained from this process and bring them into the Cambodian courts and try to improve Cambodia's terrible judicial system, which is essentially under the thumb of Prime Minister Hun Sen and the Cambodian government and does its bidding.
Unfortunately none of that has come to pass, it's been a very expensive process, as you said more than 50 million dollars per year, they've conducted one trial which took more than a year. That trial was of a person who had admitted his guilt and still it was dragging on and on to the point that many Cambodians were getting disinterested and losing hope. And now we have a situation where the UN staff of the court want to pursue additional cases, and the Cambodians are blocking it. So the process has become politicised in exactly the way we were hoping it wouldn't.
LAM: Do you think part of the problem might be that the process and indeed the tribunal has been watered down so much that it's no longer meaningful?
ADAMS: It really depends on whether the Cambodian government wants the trial to happen and wants the facts to come out. If they do, then it can be very meaningful. But Hun Sen has made it clear over and over again that he doesn't want the trials, he's said repeatedly he doesn't want them. He has said that it was a mistake to have them, he has said that he hopes they fail. He can't really just pull the plug because of public opinion in Cambodia, so he's doing everything he can to make them less meaningful than they could be. And the consequences that people who were responsible for the deaths of thousands or in some cases tens of thousands remaining free, including possibly some members in his party, which is the main reason most people think that Hun Sen has been trying to block the process.
LAM: But I guess they have to start somewhere and so they're for instance next year hearing from four other quite formally high level Khmer Rouge officials. So that's a good start is it not?
ADAMS: It would be a good end. The problem is it's too late for anything to be credited as a good start because we're years into this and tens and tens of millions of dollars have been spent.
LAM: What would you like to see Brad?
ADAMS: I'd like to see speedy trials of people like Nuon Chea, the former number two to Pol Pot, Ieng Sary, the former foreign minister, Khieu Samphan, the President of the Khmer Rouge; these people have a case to answer and they should answer it while they're healthy, alert and alive. And there's a risk that these men are going to die in custody because the process is just dragging on and on. I'd also like to see many more people investigated and indicted, I'd like to see the Cambodian government to cooperate with those investigations instead of trying to block them.
LAM: So why do you think the UN is persisting with this whole exercise if it's such a farce?
ADAMS: Well the UN has a reputational risk here, they actually didn't want to get into this. Kofi Anan tried to stop it, but Australia, Japan and France in particular insisted that the UN participate. Now they've committed themselves to this process and as a former UN staff member I can tell you there's a lot of institutional inertia in the UN and also a lot of covering one's rear end. So that they don't want this to be seen as a failure, and so they keep throwing as far as I'm concerned good money after bad without insisting on high standards. I mean the statement that the UN released with the Cambodian government yesterday said that this could become a model court, which is really shocking because the UN has long been aware that the Cambodian model is the worst model for international justice or hybrid court that has been created thus far.
Presenter: Sen Lam
Speaker: Brad Adams, Human Rights Watch Asia division director
SEN: Brad you were a vocal supporter of the UN backed tribunal before but not now so what changed your mind?
ADAMS: We had very high hopes for this tribunal. For more than 20 years politics had stopped the international community from helping Cambodians bring the Khmer Rouge to justice. There were Cold War politics between the United States, China, the former Soviet Union and Vietnam that stopped it. We thought that the tribunal would be able to bring new facts to the Cambodian people, let them know what really happened. We thought that it would be a chance to create a model court in Cambodia where there would be an independent judiciary and where some of the judges and prosecutors involved would be able to take the skills that they obtained from this process and bring them into the Cambodian courts and try to improve Cambodia's terrible judicial system, which is essentially under the thumb of Prime Minister Hun Sen and the Cambodian government and does its bidding.
Unfortunately none of that has come to pass, it's been a very expensive process, as you said more than 50 million dollars per year, they've conducted one trial which took more than a year. That trial was of a person who had admitted his guilt and still it was dragging on and on to the point that many Cambodians were getting disinterested and losing hope. And now we have a situation where the UN staff of the court want to pursue additional cases, and the Cambodians are blocking it. So the process has become politicised in exactly the way we were hoping it wouldn't.
LAM: Do you think part of the problem might be that the process and indeed the tribunal has been watered down so much that it's no longer meaningful?
ADAMS: It really depends on whether the Cambodian government wants the trial to happen and wants the facts to come out. If they do, then it can be very meaningful. But Hun Sen has made it clear over and over again that he doesn't want the trials, he's said repeatedly he doesn't want them. He has said that it was a mistake to have them, he has said that he hopes they fail. He can't really just pull the plug because of public opinion in Cambodia, so he's doing everything he can to make them less meaningful than they could be. And the consequences that people who were responsible for the deaths of thousands or in some cases tens of thousands remaining free, including possibly some members in his party, which is the main reason most people think that Hun Sen has been trying to block the process.
LAM: But I guess they have to start somewhere and so they're for instance next year hearing from four other quite formally high level Khmer Rouge officials. So that's a good start is it not?
ADAMS: It would be a good end. The problem is it's too late for anything to be credited as a good start because we're years into this and tens and tens of millions of dollars have been spent.
LAM: What would you like to see Brad?
ADAMS: I'd like to see speedy trials of people like Nuon Chea, the former number two to Pol Pot, Ieng Sary, the former foreign minister, Khieu Samphan, the President of the Khmer Rouge; these people have a case to answer and they should answer it while they're healthy, alert and alive. And there's a risk that these men are going to die in custody because the process is just dragging on and on. I'd also like to see many more people investigated and indicted, I'd like to see the Cambodian government to cooperate with those investigations instead of trying to block them.
LAM: So why do you think the UN is persisting with this whole exercise if it's such a farce?
ADAMS: Well the UN has a reputational risk here, they actually didn't want to get into this. Kofi Anan tried to stop it, but Australia, Japan and France in particular insisted that the UN participate. Now they've committed themselves to this process and as a former UN staff member I can tell you there's a lot of institutional inertia in the UN and also a lot of covering one's rear end. So that they don't want this to be seen as a failure, and so they keep throwing as far as I'm concerned good money after bad without insisting on high standards. I mean the statement that the UN released with the Cambodian government yesterday said that this could become a model court, which is really shocking because the UN has long been aware that the Cambodian model is the worst model for international justice or hybrid court that has been created thus far.
Monday, April 12, 2010
HRW Brad Adams urges the US to take additional measures against Cambodia for the deporation of Uyghur refugees
Letter to Secretary Clinton on Cambodia’s Deportation of Uighur Asylum Seekers to China
April 9, 2010
Dear Secretary Clinton,
We write in the aftermath of the forcible deportation of 20 Uighur asylum seekers from Cambodia on December 19, 2009 without an examination of their refugee claims. We appreciate your personal intervention as well as the efforts of numerous State Department officials, including Ambassador Carol Rodley and her team in Phnom Penh, in this matter.
We share the State Department's deep concern about the fate of this group, which included two children. We have received unconfirmed reports that some returnees have been tried and sentenced to death, while others have been sentenced to prison. We cannot confirm this information, but our inability to establish the facts highlights the refusal of the Chinese government to provide information on the fate of the returnees. We ask that you personally and urgently insist that the Chinese authorities make public the whereabouts, conditions and legal status of the individuals returned on December 19.
The flagrant violation of international and domestic law by the Cambodian government is part of a disturbing recent trend. At the best of times, Prime Minister Hun Sen and other officials routinely violate the human rights of people in Cambodia and ignore the government's obligations under international law. But this action suggests a new and profound disregard by the Cambodian government for minimum standards of due process, refugee protection, and international cooperation.
We appreciate the State Department's December 19 statement that, "This incident will affect Cambodia's relationship with the U.S. and its international standing." We take this opportunity to make recommendations about Cambodia's policies and practices with respect to refugees, and also about steps the US could take in its bilateral relationship that are likely to have the greatest impact on those responsible for serious abuses.
The 2008 transfer of sole responsibility for Refugee Status Determination (RSD) to the Cambodian government was clearly premature. The deportation of the Uighurs shows that Cambodia is not willing to assess asylum claims fairly and impartially and to provide sufficient protection for registered asylum seekers and recognized refugees, especially those from Vietnam and China.
This is not the first time that, in violation of its obligations as a state party to the 1951 Refugee Convention, Cambodia has forcibly repatriated refugees and asylum seekers who are citizens of countries with whom it has close relations, such as Vietnam and China. Large numbers of Vietnamese asylum seekers have been returned to Vietnam, while Human Rights Watch knows of at least four Chinese asylum seekers under the protection of UNHCR who were arrested in Phnom Penh in 2002 and 2004 and sent back to China.
The return of the Uighurs is connected to the deteriorating human rights situation in Cambodia in recent years, which Human Rights Watch, the State Department and others have documented. The problems include chronic impunity for police, military, and government officials involved in serious rights violations, land grabbing and forced evictions, and restrictions on the rights to freedom of expression, assembly, and association.
Known rights abusers are gaining increasing power, with the promotion in 2009 of several military officials implicated in torture, extrajudicial killings, and political violence, including two military commanders linked to the deadly March 30, 1997 grenade attack on an opposition party rally. Military units are complicit in Cambodia's epidemic of forced evictions and land grabbing, often deployed to carry out forcible and violent evictions of villagers whose ownership claims to the land had never been properly or fairly dealt with by the courts. Police and soldiers frequently used excessive force in evictions, such as in March 2009, when security forces opened fire on unarmed farmers protesting confiscation of their land in Siem Reap, seriously wounding four villagers. Cambodian armed forces personnel have increasingly been involved in land-grabbing from villagers, either for personal benefit or on behalf of government officials or private companies. They have been involved in carrying out evictions ordered by government officials in violation of Cambodian law and without authority or training to exercise police powers.
The use of heavily armed soldiers in forced evictions has had deadly results. In November 2007 in Preah Vihear province, for example, soldiers and border police shot and killed two unarmed villagers during an eviction of more than 300 families. For 30 hours after the incident, soldiers sealed off the area, blocked workers from nongovernmental organizations from entering, and looted the belongings of the evicted families.
Human Rights Watch remains particularly concerned about US training and military assistance to Royal Cambodian Armed Forces (RCAF) units or individuals that have been implicated in serious human rights violations. This includes counter-terror training to personnel from Prime Minister Hun Sen's elite Bodyguard Unit and Brigade 70, who have been moved to a special anti-terrorist unit that was created in January 2008. Both these units have been implicated in countless rights abuses, including the March 30, 1997 grenade attack and more recent instances of arbitrary detention and torture. While the US Under Secretary of Defense's response in October 2009 to a congressional query referred to "additional background checks" having been conducted on personnel from the new anti-terrorism unit with regard to the 1997 period, the Under Secretary of Defense did not respond to a congressional question as to what actions the US government has taken to establish the identities of the Bodyguard Unit personnel who were present during the March 30, 1997 grenade attack, and what the US government is doing to ensure that these individuals are not included in any US-sponsored training of RCAF forces.
The counter-terrorism unit's links to Hun Sen's Bodyguard Unit and Brigade 70 raise disturbing questions. They raise doubts about the standard of vetting of US military aid recipients and the possibility that the new counter-terrorism unit was created, at least in part, in order to avoid the Leahy Amendment's restrictions. The Under Secretary of Defense noticeably did not respond to a congressional question asking how many members of the National Counter-Terrorism Special Forces unit come from Hun Sen's Bodyguard Unit, while asserting that all personnel involved in military training in the United States have undergone "individual vetting."
US training has also been provided to members of Airborne Brigade 911. Both the unit and its commander, Maj. Gen. Chap Pheakdey, have been implicated in well-documented violations, including arbitrary detentions, post-election violence in 1998, and the torture and summary execution of FUNCINPEC commanders during the 1997 coup.
US-donated trucks have been provided to Brigade 31 (formerly known as Division 44 and then Battalion 44), under its long-time commander Brig. Gen. Srun Saroeun, which has been implicated in recent years in illegal logging, land-grabbing from poor villagers, and intimidation of opposition party activists during the 2008 national elections, as well as the summary executions of FUNCINPEC soldiers during the 1997 coup.
These are but a few examples of units and individuals that should have been excluded from US military assistance on the grounds that they have been implicated in gross human rights violations. US training and military support for such units raises serious questions about the quality of vetting done by the State and Defense Departments of RCAF units and individuals and shows why better screening is vital.
Recommendations regarding Cambodia
Following discussions in Phnom Penh, Washington DC, and Geneva with various US and UN officials, we urge the US government to:
The US should press the Chinese government to:
There are also lessons for the role of UNHCR. Human Rights Watch believes that part of the reason that UNHCR failed this group of asylum seekers is its weakness in the region. We believe that UNHCR did not opt to take responsibility for this group at a point in time when it is possible that the Cambodian authorities would have been willing to defer responsibility to UNHCR. Later, when it appeared that the Cambodian government had asserted that it had sole responsibility regarding their asylum claims, UNHCR could have cited its Manual on Mandate RSD, which lists circumstances in which UNHCR may exercise its own RSD mandate in states that have their own RSD procedures. One of those circumstances is when doing so would help secure durable solutions for the asylum applicants should they be recognized as refugees.
In the future, if it appears that UNHCR cannot or will not carry out RSD or provide adequate protection, the US should use the "Priority One" authority provided by US refugee processing priorities to identify and to resettle vulnerable and at-risk refugees directly from Cambodia, without the necessity of a UNHCR referral.
We also urge the US government to insist that UNHCR immediately put in place protection and expedited RSD measures for other high-risk asylum seekers currently in Cambodia from countries such as China and Vietnam.
Thank you for your consideration. We would be pleased to discuss this further with relevant US government officials at their convenience.
Yours sincerely,
Brad Adams
Director, Asia Division
Bill Frelick
Director, Refugees Program
cc:
Kurt Campbell, Assistant Secretary of State, EAP
Eric Schwartz, Assistant Secretary of State, PRM
Scot Marciel, Deputy Assistant Secretary of State, EAP
Carol Rodley, US Ambassador to Cambodia
Scott Busby, Director for Human Rights, Office of Multilateral Affairs and Human Rights, NSC
Kasidis Rochanakorn, Director of the Asia Bureau, UNHCR
April 9, 2010
Dear Secretary Clinton,
We write in the aftermath of the forcible deportation of 20 Uighur asylum seekers from Cambodia on December 19, 2009 without an examination of their refugee claims. We appreciate your personal intervention as well as the efforts of numerous State Department officials, including Ambassador Carol Rodley and her team in Phnom Penh, in this matter.
We share the State Department's deep concern about the fate of this group, which included two children. We have received unconfirmed reports that some returnees have been tried and sentenced to death, while others have been sentenced to prison. We cannot confirm this information, but our inability to establish the facts highlights the refusal of the Chinese government to provide information on the fate of the returnees. We ask that you personally and urgently insist that the Chinese authorities make public the whereabouts, conditions and legal status of the individuals returned on December 19.
The flagrant violation of international and domestic law by the Cambodian government is part of a disturbing recent trend. At the best of times, Prime Minister Hun Sen and other officials routinely violate the human rights of people in Cambodia and ignore the government's obligations under international law. But this action suggests a new and profound disregard by the Cambodian government for minimum standards of due process, refugee protection, and international cooperation.
We appreciate the State Department's December 19 statement that, "This incident will affect Cambodia's relationship with the U.S. and its international standing." We take this opportunity to make recommendations about Cambodia's policies and practices with respect to refugees, and also about steps the US could take in its bilateral relationship that are likely to have the greatest impact on those responsible for serious abuses.
The 2008 transfer of sole responsibility for Refugee Status Determination (RSD) to the Cambodian government was clearly premature. The deportation of the Uighurs shows that Cambodia is not willing to assess asylum claims fairly and impartially and to provide sufficient protection for registered asylum seekers and recognized refugees, especially those from Vietnam and China.
This is not the first time that, in violation of its obligations as a state party to the 1951 Refugee Convention, Cambodia has forcibly repatriated refugees and asylum seekers who are citizens of countries with whom it has close relations, such as Vietnam and China. Large numbers of Vietnamese asylum seekers have been returned to Vietnam, while Human Rights Watch knows of at least four Chinese asylum seekers under the protection of UNHCR who were arrested in Phnom Penh in 2002 and 2004 and sent back to China.
The return of the Uighurs is connected to the deteriorating human rights situation in Cambodia in recent years, which Human Rights Watch, the State Department and others have documented. The problems include chronic impunity for police, military, and government officials involved in serious rights violations, land grabbing and forced evictions, and restrictions on the rights to freedom of expression, assembly, and association.
Known rights abusers are gaining increasing power, with the promotion in 2009 of several military officials implicated in torture, extrajudicial killings, and political violence, including two military commanders linked to the deadly March 30, 1997 grenade attack on an opposition party rally. Military units are complicit in Cambodia's epidemic of forced evictions and land grabbing, often deployed to carry out forcible and violent evictions of villagers whose ownership claims to the land had never been properly or fairly dealt with by the courts. Police and soldiers frequently used excessive force in evictions, such as in March 2009, when security forces opened fire on unarmed farmers protesting confiscation of their land in Siem Reap, seriously wounding four villagers. Cambodian armed forces personnel have increasingly been involved in land-grabbing from villagers, either for personal benefit or on behalf of government officials or private companies. They have been involved in carrying out evictions ordered by government officials in violation of Cambodian law and without authority or training to exercise police powers.
The use of heavily armed soldiers in forced evictions has had deadly results. In November 2007 in Preah Vihear province, for example, soldiers and border police shot and killed two unarmed villagers during an eviction of more than 300 families. For 30 hours after the incident, soldiers sealed off the area, blocked workers from nongovernmental organizations from entering, and looted the belongings of the evicted families.
Human Rights Watch remains particularly concerned about US training and military assistance to Royal Cambodian Armed Forces (RCAF) units or individuals that have been implicated in serious human rights violations. This includes counter-terror training to personnel from Prime Minister Hun Sen's elite Bodyguard Unit and Brigade 70, who have been moved to a special anti-terrorist unit that was created in January 2008. Both these units have been implicated in countless rights abuses, including the March 30, 1997 grenade attack and more recent instances of arbitrary detention and torture. While the US Under Secretary of Defense's response in October 2009 to a congressional query referred to "additional background checks" having been conducted on personnel from the new anti-terrorism unit with regard to the 1997 period, the Under Secretary of Defense did not respond to a congressional question as to what actions the US government has taken to establish the identities of the Bodyguard Unit personnel who were present during the March 30, 1997 grenade attack, and what the US government is doing to ensure that these individuals are not included in any US-sponsored training of RCAF forces.
The counter-terrorism unit's links to Hun Sen's Bodyguard Unit and Brigade 70 raise disturbing questions. They raise doubts about the standard of vetting of US military aid recipients and the possibility that the new counter-terrorism unit was created, at least in part, in order to avoid the Leahy Amendment's restrictions. The Under Secretary of Defense noticeably did not respond to a congressional question asking how many members of the National Counter-Terrorism Special Forces unit come from Hun Sen's Bodyguard Unit, while asserting that all personnel involved in military training in the United States have undergone "individual vetting."
US training has also been provided to members of Airborne Brigade 911. Both the unit and its commander, Maj. Gen. Chap Pheakdey, have been implicated in well-documented violations, including arbitrary detentions, post-election violence in 1998, and the torture and summary execution of FUNCINPEC commanders during the 1997 coup.
US-donated trucks have been provided to Brigade 31 (formerly known as Division 44 and then Battalion 44), under its long-time commander Brig. Gen. Srun Saroeun, which has been implicated in recent years in illegal logging, land-grabbing from poor villagers, and intimidation of opposition party activists during the 2008 national elections, as well as the summary executions of FUNCINPEC soldiers during the 1997 coup.
These are but a few examples of units and individuals that should have been excluded from US military assistance on the grounds that they have been implicated in gross human rights violations. US training and military support for such units raises serious questions about the quality of vetting done by the State and Defense Departments of RCAF units and individuals and shows why better screening is vital.
Recommendations regarding Cambodia
Following discussions in Phnom Penh, Washington DC, and Geneva with various US and UN officials, we urge the US government to:
- Relocate the 2010 Global Peace Operations Initiatives (GPOI) operation from Cambodia to another country. Prohibit participation of the Cambodian military, police, and gendarmerie in GPOI activities until a thorough vetting process screens out abusive members of participating units.
- Ensure that US government vetting of Cambodian military, police, counter-terror, and gendarme units is thorough and effective and does not allow human rights abusers to receive support, training, authorization to visit the US, or awards such as those given in the past by the FBI. Press other countries offering training and support to such units to also conduct effective vetting. Make continuing US support and training for such units conditional on serious investigations and prosecutions of human rights abusers.
- End all high-level contacts between US and Cambodian military officials, such as last year's meeting between Secretary of Defense Robert Gates and Cambodian Defense Minister Tea Banh, until genuine progress is made in establishing accountability within the Cambodian military.
- Reinstate bans on US government funding to the Cambodian government for International Military Education and Training and Foreign Military Financing and prohibit the participation of Cambodian military, police, and gendarmes in US-sponsored training programs, including access to US military academies. Once the process of vetting the human rights records of units seeking to participate in US training and other programs has undergone a thorough evaluation and substantial improvements have been implemented to address current deficiencies in the vetting process, and units and individuals implicated in gross human rights violations have been excluded from participation in US-funded programs and material support, the Departments of State and Defense should then consider resumption of military assistance.
- Urge Cambodia to return responsibility for Refugee Status Determination (RSD) to UNHCR. The Cambodian government has clearly demonstrated that it is unable or unwilling to impartially carry out RSD, a key part of the refugee screening process.
- Offer sanctuary and protection in future instances in which asylum seekers are clearly in jeopardy in Cambodia. The US embassy has the ability to offer protection, process these cases, and resettle such individuals.
The US should press the Chinese government to:
- Make public the whereabouts, conditions and legal status of the 20 Uighurs returned to China from Cambodia on December 19, 2009.
- Allow appropriate UN agencies and members of the international diplomatic community regular and unrestricted access to the Uighur returnees, so that their conditions can be adequately monitored.
- Allow UNHCR to complete the Refugee Status Determination process that it had already initiated when the returnees were arrested or, if that is not possible, allow US officials access to conduct RSD for the purpose of in-country refugee processing as part of the US refugee resettlement program.
- Immediately release the returnees unless charged with a cognizable criminal offense on the basis of credible evidence, and provide full due process rights, including access to legal counsel and family members, as provided under international law.
- Ensure that returnees who are charged with a criminal offense receive a fair and public trial before a competent, independent and impartial court that meets international fair trial standards.
There are also lessons for the role of UNHCR. Human Rights Watch believes that part of the reason that UNHCR failed this group of asylum seekers is its weakness in the region. We believe that UNHCR did not opt to take responsibility for this group at a point in time when it is possible that the Cambodian authorities would have been willing to defer responsibility to UNHCR. Later, when it appeared that the Cambodian government had asserted that it had sole responsibility regarding their asylum claims, UNHCR could have cited its Manual on Mandate RSD, which lists circumstances in which UNHCR may exercise its own RSD mandate in states that have their own RSD procedures. One of those circumstances is when doing so would help secure durable solutions for the asylum applicants should they be recognized as refugees.
In the future, if it appears that UNHCR cannot or will not carry out RSD or provide adequate protection, the US should use the "Priority One" authority provided by US refugee processing priorities to identify and to resettle vulnerable and at-risk refugees directly from Cambodia, without the necessity of a UNHCR referral.
We also urge the US government to insist that UNHCR immediately put in place protection and expedited RSD measures for other high-risk asylum seekers currently in Cambodia from countries such as China and Vietnam.
Thank you for your consideration. We would be pleased to discuss this further with relevant US government officials at their convenience.
Yours sincerely,
Brad Adams
Director, Asia Division
Bill Frelick
Director, Refugees Program
cc:
Kurt Campbell, Assistant Secretary of State, EAP
Eric Schwartz, Assistant Secretary of State, PRM
Scot Marciel, Deputy Assistant Secretary of State, EAP
Carol Rodley, US Ambassador to Cambodia
Scott Busby, Director for Human Rights, Office of Multilateral Affairs and Human Rights, NSC
Kasidis Rochanakorn, Director of the Asia Bureau, UNHCR
Monday, December 21, 2009
Does the US know who it's with dealing in Cambodia? [-Release of the FBI investigation on the 1997 grenade attack]
Opposition leader Sam Rainsy is rushed from the scene moments after a grenade attack on a political rally outside the parliament in Phnom Penh, March 30, 1997. Sixteen people were killed and more than 100 were injured in the explosions. (Reuters)Absolutely, FBI files show.
December 20, 2009
By Douglas Gillison — Special to GlobalPost
"This is the height of hypocrisy and cynicism and should end ... More important, this undercuts U.S. claims that promoting human rights, the rule of law and good governance in Cambodia are its main priorities. And it will alienate the many Cambodians who courageously continue to fight for rights and to move Cambodia from an authoritarian to a more democratic country" - Brad Adams, Asia director for Human Rights WatchPHNOM PENH, Cambodia — The local police not only failed to cooperate but actively tried to sabotage the FBI's investigation of Cambodia's worst peacetime atrocity.
Key evidence was doctored. Highly placed witnesses stormed out of interviews. Mischievous leaks to the media intensified threats to the FBI agents' safety. And according to the lead FBI investigator, who is now retired, Cambodian and US officials warned him that he was marked for assassination.
So much is written down in newly declassified FBI records from an investigation into the grenade attack on a peaceful opposition rally on March 30, 1997, which killed 16 children, men and women and wounded more than 100 others, including an American man. The FBI's disclosures were made this year under a Freedom of Information Act request filed in 2007 by The Cambodia Daily, a local English-language newspaper.
No arrests were ever made. What evidence could be collected in the six weeks the FBI were actively investigating here pointed to forces loyal to the man who is now Cambodia's unchallenged prime minister, to the party and the people who now dominate Cambodia unopposed and with whom the U.S., and the FBI in particular, have since sought warm
relations.
Cambodia is a small but eager partner for a United States that seeks other countries to help shoulder the burden of international peacekeeping, engage in counterterrorism efforts and police the world's remoter regions to allow trade and commerce to occur in safety.
Cambodian intelligence sharing, for example, allowed the CIA in 2003 to detain Hambali, the suspected mastermind in the 2002 bombings in Bali, Indonesia, which killed 202 people, and one of 16 "high-value" detainees currently held at Guantanamo Bay.
But, as the FBI records show, the broader security cooperation begun under the former administration of President George W. Bush with countries in the region — where China can compete for influence with the U.S. — may require a distasteful compromise in the promotion of human rights.
According to one U.S. Senate staffer who was briefed by the FBI in the late 1990s on the Cambodian grenade attack case, the U.S. has a tough decision to make in deciding whether to cooperate with the Cambodians, or any other known human rights abusers in Asia.
"Obviously we want to have accountability. We've been seeking that for more than a decade," the Senate staffer, who requested anonymity, said of the grenade attack.
"Do we then say that, 12 years later, it's inappropriate to have security cooperation with the government of Cambodia? It's a judgment call."
He also cautioned against assumptions that the FBI's evidence had reached an actionable threshold by the time the case was shut down. FBI briefers told Congress that physical evidence was not dispositive and that some witnesses had contradicted each other, he said.
"I don't think that it would be appropriate to withhold security cooperation with the government," he said, noting that while the U.S. remains "deeply concerned" about human rights here, the "basic policy is not to disengage with Cambodia."
According to FBI investigative reports and summaries, witnesses saw bodyguards for Hun Sen, Cambodia's current prime minister, protect and cooperate with the assailants, who then fled into a military compound used by Hun Sen's Cambodian People's Party, or CPP, and were overheard discussing the attack amongst themselves.
The rally that came under attack was a protest calling for judicial reform and was staged by a fledgling member of the opposition, the Khmer Nation Party, led by Sam Rainsy, who survived unharmed. The U.S. government determined that, since an American was injured, the FBI had jurisdiction to investigate. The bureau was also invited to provide assistance by police officials from a political party in the unstable governing coalition.
Retired FBI Special Agent Thomas Nicoletti, the case agent assigned to the investigation, said the evidence amassed against the CPP, which staged a coup d'etat three months after the attack, was "substantial" but was incomplete because the investigation was cut short due to threats to his safety and mounting political tensions.
Threats on his life were relayed to him by both Cambodian police and the U.S. ambassador, who spoke of "hit teams" operating in Phnom Penh, Nicoletti said. However, the then-U.S. ambassador, Kenneth Quinn, denied relaying such information.
In the wake of the attack, and Hun Sen's armed takeover several months later, which the U.S. Congressional Research Service last year described as an "unlawful seizure of power" accompanied by as many as 100 political murders, the U.S. Congress cut off bilateral aid to Cambodia's central government and passed resolutions condemning the grenade attack and coup.
Relations did not stay sour forever, however. Military aid began in 2005. In 2006, Cambodia's National Police Commissioner, the late Hok Lundy, was awarded an FBI medal for counterterrorism cooperation. Direct bilateral aid resumed in 2007, when Hok Lundy was invited to Washington. And an FBI legal attache office, which coordinates police cooperation, was personally inaugurated in Phnom Penh in 2008 by FBI Director Robert S Mueller III.
According to Brad Adams, Asia director for Human Rights Watch, when the FBI gave awards to Hok Lundy and to his deputy Net Savoeun, who replaced him as National Police Commissioner after his death last year, "it was clear that the U.S. government didn't really prioritize human rights in Cambodia anymore."
"All of these people should be under investigation for serious and violent crimes, but instead are being feted and collaborated with," said Adams.
Cambodian authorities were reluctant to discuss the grenade attack. National Police Lieutenant-General Khieu Sopheak, the Interior Ministry spokesman and CPP liaison to the FBI during its investigation, said only that a suspect dubbed "Brazil" had disappeared, meaning the case had gone cold.
Adams said the apparent disconnect between U.S. interests in human rights and security cooperation has reached an intolerable level.
"This is the height of hypocrisy and cynicism and should end," he said.
"More important, this undercuts U.S. claims that promoting human rights, the rule of law and good governance in Cambodia are its main priorities. And it will alienate the many Cambodians who courageously continue to fight for rights and to move Cambodia from an authoritarian to a more democratic country."
Wednesday, December 02, 2009
Rights Situation Comes Under UN Review
Forced eviction in Russei Keo (Photo: Koh Santepheap)By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
01 December 2009
As Cambodia undergoes a review at the UN’s Human Rights Council in Geneva, Human Rights Watch said Tuesday member states should be concerned over recent deteriorations of basic freedoms.
Under the Human Rights Council, member states are reviewed every four years. In a submission to the council, Human Rights Watch underscored political violence, impunity for senior government officials in serious rights abuses, forced evictions and land confiscation, among others.
In the past year there’s been a sharp regression in Cambodia’s respect for basic rights, with major setbacks in press freedom and a harsh crackdown on government critics,” said Brad Adams, Asia director at Human Rights Watch. “Countries should ask Cambodia why it uses repressive tactics to silence peaceful dissent, while thrusting the poor even further into poverty by condoning illegal land grabbing.”
The government increasingly uses the judicial system to muzzle journalists, human rights defenders, and opposition party members, who face charges of criminal defamation and disinformation, Human Rights Watch said.
Government spokesman Khieu Kanharith denied the group’s assertions, claiming Cambodia has 3,000 local non-governmental organizations, as well as media outlets that do not suffer attacks on their freedoms.
The Cambodian Human Rights Action Committee, meanwhile, said it supported the review process, a new rights monitoring mechanism.
The coalition of 21 NGOs appealed to the government to “pay more attention in order to ensure full compliance of all international covenants and conventions in relation to human rights of which Cambodia is a party to and has ratified.”
The coalition urged the government to take considerations of the Human Rights Council’s recommendations to promote freedoms and the respect of human rights.
Under the Human Rights Council, member states are reviewed every four years. In a submission to the council, Human Rights Watch underscored political violence, impunity for senior government officials in serious rights abuses, forced evictions and land confiscation, among others.
In the past year there’s been a sharp regression in Cambodia’s respect for basic rights, with major setbacks in press freedom and a harsh crackdown on government critics,” said Brad Adams, Asia director at Human Rights Watch. “Countries should ask Cambodia why it uses repressive tactics to silence peaceful dissent, while thrusting the poor even further into poverty by condoning illegal land grabbing.”
The government increasingly uses the judicial system to muzzle journalists, human rights defenders, and opposition party members, who face charges of criminal defamation and disinformation, Human Rights Watch said.
Government spokesman Khieu Kanharith denied the group’s assertions, claiming Cambodia has 3,000 local non-governmental organizations, as well as media outlets that do not suffer attacks on their freedoms.
The Cambodian Human Rights Action Committee, meanwhile, said it supported the review process, a new rights monitoring mechanism.
The coalition of 21 NGOs appealed to the government to “pay more attention in order to ensure full compliance of all international covenants and conventions in relation to human rights of which Cambodia is a party to and has ratified.”
The coalition urged the government to take considerations of the Human Rights Council’s recommendations to promote freedoms and the respect of human rights.
Thursday, July 23, 2009
Cambodia: Political Pressure Undermining Tribunal
Independent, Prompt Decision Needed on Additional Prosecutions
(New York) - Pronouncements by Cambodian Prime Minister Hun Sen that the UN-backed tribunal on Khmer Rouge atrocities should not prosecute additional suspects call into question the court's independence, Human Rights Watch said today.
In the latest in a series of similar statements, Hun Sen told President Nicolas Sarkozy of France last week that the tribunal should not threaten the peace in Cambodia, which "means only prosecuting these five people," according to a senior Cambodian aide present at their meeting. "Hun Sen has no role in this court, yet he keeps trying to use his hold over its Cambodian personnel to interfere," said Brad Adams, Asia director at Human Rights Watch. "The UN and international donors need to put their foot down so that the court can get on with its work in an independent and impartial manner." In a public speech in March, Hun Sen said he would rather see the tribunal fail than have war return to Cambodia as a result of additional trials. "I would pray for this court to run out of money and for the foreign judges and prosecutors to walk out," Hun Sen said. After the speech, Judge Silvia Cartwright, the most senior international judge at the tribunal, said, "Countries where the rule of law is respected and where their citizens can be sure of a fair trial are those in which the independence of the courts and judges is guaranteed. ... Comments, politically motivated or otherwise, which appear to be an attempt to interfere with that independence are therefore to be deplored." Based in Phnom Penh, the UN-backed tribunal, known as the Extraordinary Chambers in the Court of Cambodia (ECCC), is prosecuting Khmer Rouge leaders for crimes against humanity in the deaths of up to 2 million people in the late 1970s. Five senior Khmer Rouge officials are in custody: Kaing Khek Iev (Duch), the former chief of Tuol Sleng prison; Nuon Chea, who was the deputy to the Khmer Rouge leader, Pol Pot; the Khmer Rouge foreign minister, Ieng Sary; social affairs minister, Ieng Thirith; and head of state, Khieu Samphan. Human Rights Watch called for the tribunal's pre-trial chamber, scheduled to meet next week in Phnom Penh, to make a prompt, transparent, and independent decision about the scope of the prosecutions to thwart growing perceptions that court decisions are directed by the government. The issue has been referred to the pre-trial chamber following a dispute between the Cambodian and international co-prosecutors on the referral of additional cases. In January 2009, the Cambodian co-prosecutor, Chea Leang, rejected the submission of an additional six suspects (one of whom has since died) by the international co-prosecutor, Robert Petit, who asserted that the additional prosecutions fall within the court's mandate and "would lead to a more comprehensive accounting of the crimes that were committed." While not contesting the strength of the evidence in the individual cases, Chea Leang defended her decision by citing considerations about "Cambodia's past instability and the continued need for national reconciliation." She asserted that the tribunal's mandate - to try senior Khmer Rouge leaders and those most responsible for crimes committed during their four-year rule - can be fulfilled by prosecuting the five people already detained.The pre-trial chamber, consisting of three Cambodian and two international judges, was designed to resolve disagreements between co-prosecutors and between co-investigating judges. Its decisions are made by a "super majority" of four of these five judges. Four judges would have to agree with the Cambodian co-prosecutor in order to stop the prosecutions from going ahead.
"It is specious for the Cambodian prosecutor to assert that prosecuting five people for the deaths of as many as 2 million people is sufficient," said Adams. "The court has the capacity to take on additional cases. Each decision to prosecute an individual should be based on evidence, not politics."
Wednesday, July 15, 2009
Rights group condemns Cambodian "crackdown'
Jul 15, 2009
DPA
DPA
Phnom Penh - A US-based human rights group on Wednesday demanded Cambodia's leaders end what it called a campaign of 'harassment, threats, and unwarranted legal action' against government critics following a spate of court rulings apparently aimed at limiting free speech.
The New York-based Human Rights Watch said in a statement that Prime Minister Hun Sen's ruling Cambodian People's Party (CPP) had filed nine defamation and disinformation suits this year against journalists, opposition party members and civil society leaders.
'The Cambodian government is imposing its most serious crackdown on freedom of expression in recent years,' the group's director, Brad Adams, said in a statement. 'Once again, Hun Sen is showing his true stripes by harassing and threatening to imprison peaceful critics of his increasingly authoritarian government.'
The group's demand came a day after Moeung Sonn, president of the non-profit Khmer Civilization Foundation, was sentenced in absentia to two years prison for disinformation, after he accused the government of damaging the historic Angkor Wat temple by installing lighting fixtures in the building's walls.
Moeung Sonn was in France at the time of the ruling.
Last week the publishers of Moneaksekar Khmer, an opposition-affiliated newspaper, closed operations after being threatened with legal action and forced to apologize for recent criticism of government officials, the statement said.
Two opposition lawmakers are expected to face trial for defamation in coming weeks after the CPP-dominated legislature voted to strip the pair of their parliamentary immunity.
Phay Siphan, a spokesman for the Council of Ministers, said the Human Rights Watch statement was based on 'uninformed observations' about Cambodia's media and legal system and 'did not tell the whole story.'
'I appreciate their concern about freedom of speech, but they incorrectly mixed defamation with the other cases, which relate to misinformation and national security,' he said. 'The rule of law requires that the government can take people to court to judge whether they are right or wrong.'
The New York-based Human Rights Watch said in a statement that Prime Minister Hun Sen's ruling Cambodian People's Party (CPP) had filed nine defamation and disinformation suits this year against journalists, opposition party members and civil society leaders.
'The Cambodian government is imposing its most serious crackdown on freedom of expression in recent years,' the group's director, Brad Adams, said in a statement. 'Once again, Hun Sen is showing his true stripes by harassing and threatening to imprison peaceful critics of his increasingly authoritarian government.'
The group's demand came a day after Moeung Sonn, president of the non-profit Khmer Civilization Foundation, was sentenced in absentia to two years prison for disinformation, after he accused the government of damaging the historic Angkor Wat temple by installing lighting fixtures in the building's walls.
Moeung Sonn was in France at the time of the ruling.
Last week the publishers of Moneaksekar Khmer, an opposition-affiliated newspaper, closed operations after being threatened with legal action and forced to apologize for recent criticism of government officials, the statement said.
Two opposition lawmakers are expected to face trial for defamation in coming weeks after the CPP-dominated legislature voted to strip the pair of their parliamentary immunity.
Phay Siphan, a spokesman for the Council of Ministers, said the Human Rights Watch statement was based on 'uninformed observations' about Cambodia's media and legal system and 'did not tell the whole story.'
'I appreciate their concern about freedom of speech, but they incorrectly mixed defamation with the other cases, which relate to misinformation and national security,' he said. 'The rule of law requires that the government can take people to court to judge whether they are right or wrong.'
Cambodia must stop harassing critics: rights group
A Cambodian girl stands amid a crowd of people during an event to mark the 60th Anniversary of the universal declaration of human rights in Phnom Penh. An international rights group has demanded Cambodia's rulers end a spate of legal action against critics, which it called the government's "harshest crackdown in years" on free speech. (AFP/File/Tang Chhin Sothy)Wednesday, July 15, 2009
PHNOM PENH (AFP) — An international rights group has demanded Cambodia's rulers end a spate of legal action against critics, which it called the government's "harshest crackdown in years" on free speech.
New York-based Human Rights Watch alleged premier Hun Sen's government aimed to silence political opposition and critics with a recent "campaign of harassment, threats, and unwarranted legal action."
"The Cambodian government is imposing its most serious crackdown on freedom of expression in recent years," said the group's Asia director, Brad Adams, in a statement.
Cambodian authorities have lodged at least nine criminal defamation and disinformation complaints against journalists, members of parliament, lawyers and critics of the government since April.
Criminal defamation cases against two opposition lawmakers are expected to proceed over the next weeks, and opposition newspaper Moneaksekar Khmer closed operations Friday to avoid prosecution for criticising government officials.
"The space of opposition media and peaceful dissent is rapidly shrinking in Cambodia, especially now with the closure of one of Cambodia's last remaining opposition newspapers," Adams said.
Cambodian government officials were not immediately available for comment.
The UN's human rights office in Cambodia also issued a report last month warning the spate of lawsuits against critics could nurture "fear, frustration and anger, with the risk of leading to further conflict and violence".
New York-based Human Rights Watch alleged premier Hun Sen's government aimed to silence political opposition and critics with a recent "campaign of harassment, threats, and unwarranted legal action."
"The Cambodian government is imposing its most serious crackdown on freedom of expression in recent years," said the group's Asia director, Brad Adams, in a statement.
Cambodian authorities have lodged at least nine criminal defamation and disinformation complaints against journalists, members of parliament, lawyers and critics of the government since April.
Criminal defamation cases against two opposition lawmakers are expected to proceed over the next weeks, and opposition newspaper Moneaksekar Khmer closed operations Friday to avoid prosecution for criticising government officials.
"The space of opposition media and peaceful dissent is rapidly shrinking in Cambodia, especially now with the closure of one of Cambodia's last remaining opposition newspapers," Adams said.
Cambodian government officials were not immediately available for comment.
The UN's human rights office in Cambodia also issued a report last month warning the spate of lawsuits against critics could nurture "fear, frustration and anger, with the risk of leading to further conflict and violence".
Tuesday, June 16, 2009
Drop Charges Against Opposition MP and Her Lawyer: HRW
SRP MP Mu Sochua (Center) and Kong Sam Onn (Right), her defense lawyer (Photo: Zakariya, RFA)15 Jun 2009
Source: Human Rights Watch
(New York) - Cambodia's ruling party should cease its threats, harassment, and spurious legal action against opposition members of parliament and lawyers defending free expression, Human Rights Watch said today.
On June 22, 2009, the National Assembly is expected to decide whether to strip the parliamentary immunity of Mu Sochua, a member of the opposition Sam Rainsy Party (SRP) and one of the assembly's few female members. Stripping Sochua's immunity would allow a criminal defamation case against her to go forward. The case is based on a complaint by Prime Minister Hun Sen of the ruling Cambodian People's Party (CPP), who has also brought defamation charges against her lawyer.
"Hun Sen has a long history of trying to muzzle Cambodia's political opposition and undermine the independence of the legal profession," said Brad Adams, Asia director at Human Rights Watch. "This most recent case should be ringing alarm bells among Cambodia's donors, particularly those who fund judicial and legal reform."
On April 23, Sochua and her lawyer announced her intention to file a defamation complaint against Hun Sen for allegedly making derogatory comments about her, accusing her of "inciting" problems and acting like a gangster. Hun Sen responded by filing defamation suits against both Sochua and her lawyer, Kong Sam On.
On June 10, the Phnom Penh Municipal Court dismissed Sochua's lawsuit against the prime minister, claiming that no defamation occurred, while continuing to process his counter-suit against her.
Kong Sam On, one of the few private lawyers in Cambodia willing to represent opposition officials in high-profile court cases, is also being targeted for his involvement in the case. In addition to Hun Sen's defamation suit against him, Hun Sen's lawyer, Ky Tech, has filed a complaint with the Cambodian Bar Association accusing Kong Sam On of violating the lawyers' code of ethics.
The supposedly independent Bar Association has historically been subject to interference by senior government officials. In 2005, for example, the politically controlled court system overturned the election of an independent candidate as president of the Bar Association, who was replaced by Ky Tech, the government-backed candidate.
"Kong Sam On faces being suspended or even disbarred for simply representing the interests of his client," said Adams. "This will have a chilling effect on Cambodia's legal profession and the willingness of lawyers to represent the opposition party or other people who file complaints against government officials."
Other SRP members of parliament may also be under threat. Since late April when Sochua filed her lawsuit, government and ruling party officials have filed a series of lawsuits against individuals affiliated with the SRP. These include a defamation suit by the Phnom Penh Municipal Governor against party leader Sam Rainsy; a suit by a group of military officers against SRP parliamentarian Ho Vann, alleging defamation and incitement; and a suit by Deputy Prime Minister Sok An against Heng Chakra, editor of an SRP-affiliated newspaper, alleging incitement.
Opposition figures convicted on politically motivated charges after their parliamentary immunity was lifted include Cheam Channy, an SRP member convicted in a biased trial in 2005 on unsubstantiated charges of creating a rebel army, and Sam Rainsy himself the same year for allegedly defaming government leaders.
"These lawsuits are a clear attempt to intimidate the opposition and prevent members of parliament from exercising free expression," said Adams. "Even by Cambodian standards, the state of freedom of expression and democratic rights is growing more fragile by the day."
On June 22, 2009, the National Assembly is expected to decide whether to strip the parliamentary immunity of Mu Sochua, a member of the opposition Sam Rainsy Party (SRP) and one of the assembly's few female members. Stripping Sochua's immunity would allow a criminal defamation case against her to go forward. The case is based on a complaint by Prime Minister Hun Sen of the ruling Cambodian People's Party (CPP), who has also brought defamation charges against her lawyer.
"Hun Sen has a long history of trying to muzzle Cambodia's political opposition and undermine the independence of the legal profession," said Brad Adams, Asia director at Human Rights Watch. "This most recent case should be ringing alarm bells among Cambodia's donors, particularly those who fund judicial and legal reform."
On April 23, Sochua and her lawyer announced her intention to file a defamation complaint against Hun Sen for allegedly making derogatory comments about her, accusing her of "inciting" problems and acting like a gangster. Hun Sen responded by filing defamation suits against both Sochua and her lawyer, Kong Sam On.
On June 10, the Phnom Penh Municipal Court dismissed Sochua's lawsuit against the prime minister, claiming that no defamation occurred, while continuing to process his counter-suit against her.
Kong Sam On, one of the few private lawyers in Cambodia willing to represent opposition officials in high-profile court cases, is also being targeted for his involvement in the case. In addition to Hun Sen's defamation suit against him, Hun Sen's lawyer, Ky Tech, has filed a complaint with the Cambodian Bar Association accusing Kong Sam On of violating the lawyers' code of ethics.
The supposedly independent Bar Association has historically been subject to interference by senior government officials. In 2005, for example, the politically controlled court system overturned the election of an independent candidate as president of the Bar Association, who was replaced by Ky Tech, the government-backed candidate.
"Kong Sam On faces being suspended or even disbarred for simply representing the interests of his client," said Adams. "This will have a chilling effect on Cambodia's legal profession and the willingness of lawyers to represent the opposition party or other people who file complaints against government officials."
Other SRP members of parliament may also be under threat. Since late April when Sochua filed her lawsuit, government and ruling party officials have filed a series of lawsuits against individuals affiliated with the SRP. These include a defamation suit by the Phnom Penh Municipal Governor against party leader Sam Rainsy; a suit by a group of military officers against SRP parliamentarian Ho Vann, alleging defamation and incitement; and a suit by Deputy Prime Minister Sok An against Heng Chakra, editor of an SRP-affiliated newspaper, alleging incitement.
Opposition figures convicted on politically motivated charges after their parliamentary immunity was lifted include Cheam Channy, an SRP member convicted in a biased trial in 2005 on unsubstantiated charges of creating a rebel army, and Sam Rainsy himself the same year for allegedly defaming government leaders.
"These lawsuits are a clear attempt to intimidate the opposition and prevent members of parliament from exercising free expression," said Adams. "Even by Cambodian standards, the state of freedom of expression and democratic rights is growing more fragile by the day."
Wednesday, May 06, 2009
End Threats to Opposition Lawmaker
Cambodia: End Threats to Opposition Lawmaker
One of Parliament’s Few Women Faces Criminal Defamation Suit
May 5, 2009
Human Rights Watch
(New York) - Prime Minister Hun Sen and other senior members of the ruling Cambodian People's Party (CPP) should stop threatening to orchestrate the removal of lawmakers' parliamentary immunity in order to silence government critics, Human Rights Watch said today.
In a speech on April 29, 2009, Hun Sen said that it would be "as easy as ABC" to have the parliamentary immunity lifted for Mu Sochua, a National Assembly member. This would permit the government to bring criminal charges against her and prosecute her for publicly criticizing the prime minister. The Phnom Penh Municipal Court has summoned Sochua to court on May 7.
"This is yet another blatant attempt to silence the political opposition," said Brad Adams, Asia director at Human Rights Watch. "By threatening to prosecute opposition members of parliament on bogus charges, Hun Sen shows once again that his goal is elective dictatorship, not a genuinely pluralistic democracy."
Under Cambodia's Constitution, members of the National Assembly are immune from prosecution unless the assembly lifts their parliamentary immunity. The CPP has a long history of lifting the parliamentary immunity of opposition figures, though, in order to bring politically motivated criminal charges against them.
Mu Sochua, a member of the opposition Sam Rainsy Party (SRP) representing Kampot province, is one of the few female members of the National Assembly. On April 23, she and her lawyer announced her intention to file a defamation complaint against the prime minister after he publicly accused an unnamed woman from Kampot of "inciting" problems and acting like a gangster (cheung klang, literally "strong leg," a term considered especially derogatory for women). Sochua had said she was physically manhandled by a CPP military general during the 2008 election campaign. But Hun Sen, in his remarks, contended that she had instead acted provocatively by "rushing to embrace someone" and then complaining that the person had ripped open several of the buttons of her blouse.
The day after Sochua announced her lawsuit, a senior prime ministerial adviser, Om Yentieng, told the press that Hun Sen would counter-sue Sochua, and that all CPP National Assembly members would support lifting her immunity.
Five days later, Hun Sen confirmed that he was suing "a lady," whom he described as "stupid," as well as her lawyer. The lawsuit against Sochua was filed on April 27 by Hun Sen's lawyer, Ky Tech, former president of the Cambodian Bar Association. Ky Tech has also filed a complaint with the Bar Association against Sochua's lawyer, Kong Sam Onn, accusing him of violating the lawyers' code of ethics in this case.
Opposition figures convicted on politically motivated charges after their parliamentary immunity was lifted include Cheam Channy, an SRP member convicted in a biased trial in 2005 on unsubstantiated charges of creating a rebel army, and the party leader, Sam Rainsy, the same year for allegedly defaming government leaders.
"Punishing Mu Sochua is no idle threat as Hun Sen continues to find ways to intimidate the opposition," said Adams. "Threats to prosecute government critics and lawyers are especially difficult to counter in Cambodia, where the courts are controlled by the government. No judge in Cambodia would stand up to Hun Sen."
May 5, 2009
Human Rights Watch
(New York) - Prime Minister Hun Sen and other senior members of the ruling Cambodian People's Party (CPP) should stop threatening to orchestrate the removal of lawmakers' parliamentary immunity in order to silence government critics, Human Rights Watch said today.
In a speech on April 29, 2009, Hun Sen said that it would be "as easy as ABC" to have the parliamentary immunity lifted for Mu Sochua, a National Assembly member. This would permit the government to bring criminal charges against her and prosecute her for publicly criticizing the prime minister. The Phnom Penh Municipal Court has summoned Sochua to court on May 7.
"This is yet another blatant attempt to silence the political opposition," said Brad Adams, Asia director at Human Rights Watch. "By threatening to prosecute opposition members of parliament on bogus charges, Hun Sen shows once again that his goal is elective dictatorship, not a genuinely pluralistic democracy."
Under Cambodia's Constitution, members of the National Assembly are immune from prosecution unless the assembly lifts their parliamentary immunity. The CPP has a long history of lifting the parliamentary immunity of opposition figures, though, in order to bring politically motivated criminal charges against them.
Mu Sochua, a member of the opposition Sam Rainsy Party (SRP) representing Kampot province, is one of the few female members of the National Assembly. On April 23, she and her lawyer announced her intention to file a defamation complaint against the prime minister after he publicly accused an unnamed woman from Kampot of "inciting" problems and acting like a gangster (cheung klang, literally "strong leg," a term considered especially derogatory for women). Sochua had said she was physically manhandled by a CPP military general during the 2008 election campaign. But Hun Sen, in his remarks, contended that she had instead acted provocatively by "rushing to embrace someone" and then complaining that the person had ripped open several of the buttons of her blouse.
The day after Sochua announced her lawsuit, a senior prime ministerial adviser, Om Yentieng, told the press that Hun Sen would counter-sue Sochua, and that all CPP National Assembly members would support lifting her immunity.
Five days later, Hun Sen confirmed that he was suing "a lady," whom he described as "stupid," as well as her lawyer. The lawsuit against Sochua was filed on April 27 by Hun Sen's lawyer, Ky Tech, former president of the Cambodian Bar Association. Ky Tech has also filed a complaint with the Bar Association against Sochua's lawyer, Kong Sam Onn, accusing him of violating the lawyers' code of ethics in this case.
Opposition figures convicted on politically motivated charges after their parliamentary immunity was lifted include Cheam Channy, an SRP member convicted in a biased trial in 2005 on unsubstantiated charges of creating a rebel army, and the party leader, Sam Rainsy, the same year for allegedly defaming government leaders.
"Punishing Mu Sochua is no idle threat as Hun Sen continues to find ways to intimidate the opposition," said Adams. "Threats to prosecute government critics and lawyers are especially difficult to counter in Cambodia, where the courts are controlled by the government. No judge in Cambodia would stand up to Hun Sen."
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