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The Mirror, Vol. 13, No. 599

“Phnom Penh: The Phnom Penh Municipal Court decided to uphold the decision that the complaint of the foreign defense lawyers of Mr. Nuon Chea, the Brother Number 2 of the Khmer Rouge regime, will not be dealt with. This is based on a judgment by the deputy prosecutor of the Phnom Penh Municipal Court, Mr. Sok Kalyan, on 5 February 2009. This judgment was published on Sunday.

“Deputy Prosecutor Sok Kalyan, responsible for handling the case, told foreign defense lawyers of the former president of the Khmer Rouge National Assembly, that the complaint regarding corruption allegations at the Khmer Rouge Tribunal will not be taken up to be settled.

“Yesterday, on Monday evening, 9 February 2009, Mr. Sok Kalyan clearly explained the decision, that the corruption allegations case will not be taken up, because the evidence does not state that a crime is imminent, and the perpetrators are not known.

“Deputy prosecutor Sok Kalyan added that normally, when deciding to take up a case, a prosecutor decides to address a fact by pointing to individuals involved in a crime. But checking all evidence in the complaint of Mr. Nuon Chea’s defense lawyers, nothing indicates that a crime is imminent to happen in relation to the accusation about corruption at the Khmer Rouge Tribunal. Mr. Sok Kalyan added that another point is that the complaint of Mr. Nuon Chea’s defense lawyers is a defamatioin complaint and does not point out why individuals are suspects in this corruption case. They say that it was just heard that there was corruption at the Khmer Rouge Tribunal, but there is no document to prove the nature of what is called corruption. And it does not point out clearly to the individuals suspected of receiving bribes.

“This refusal to take up a corruption case at the Khmer Rouge Tribunal was made after the prosecutor of the Phnom Penh Municipal Court had summoned Mr. Nuon Chea’s defense lawyers to question them, to defend their case one or two times, and he had planned to summon many other witnesses for questioning.

“Mr. Andrew Ianuzzi said as a plaintiff that Mr. Nuon Chea’s foreign defense lawyers are surprised that the Municipal Court decided not to take up the case. He had met with the deputy prosecutor, Mr. Sok Kalyan, on Wednesday [4 February 2009] morning, and he had been told that there were plans to question many other witnesses. However, within just 24 hours, this decision was reversed.

“Mr. Nuon Chea’s foreign defense lawyers have not yet decided how to appeal this decision. Mr. Andrew Ianuzzi said that the foreign defense lawyers of Mr. Nuon Chea must think carefully, before they appeal, as they have two more months to present a complaint to the Appeals Court, to take up the corruption complaint at the Khmer Rouge Tribunal to be dealt with.

“However, finally Mr. Sok Kalyan concluded that the a decision not to work on this corruption complaint is possible because there is no imminent pressure. This is so, because the prosecutor checked the different procedures based on evidence, and there is no evidence proving an immediate danger of crimes being committed, as had been the original accusation.

“On 8 January 2009, the foreign defense lawyers of Mr. Nuon Chea, Mr. Michael Pestman, Mr. Victor Koppe, and the assistant lawyer Mr. Andrew Ianuzzi, as plaintiffs, lodged a complaint at the Phnom Penh Municipal Court. In the complaint the foreign defense lawyers of Mr. Nuon Chea asked to clarify corruption allegations at the Cambodian side of the Khmer Rouge Tribunal. They claimed that corruption would affect the process of hearings of the former Khmer Rouge leaders.

“Talk about a corruption scandal at the Khmer Rouge Tribunal started in early 2007, when the Open Society Justice Initiative released a corruption report. But officials of the Khmer Rouge Tribunal at the Cambodian side, as well as government officials, denied it and considered this corruption scandal to be just a claim without a basis facts.” Rasmei Kampuchea, Vol.17, #4816, 8-9.2.2009

Newspapers Appearing on the Newsstand:
Tuesday, 10 February 2009

Cheat Khmer, Vol.1, #10, 10.2.2008

• Mr. Hun Sen Curses Critics Distorting Facts to Fall into the 800th Level of Hell [cursing civil society, non-governmental organizations, and opposition parties that criticize the Cambodian government, saying that it lets some local companies backed by powerful officials to use armed forces to evict citizens from their houses to grab their land and throw them out into the suburbs, and criticize that foreign aid for Cambodia is wasted, and corruption makes citizens poorer and poor, resulting in a big gap between the rich and the poor]

Deum Ampil, Vol.3, #114, 10-11.2.2009

• Some Casinos Let Khmers Enter Which Is against the Prime Minister’s Order
  National Real Estate Appraisal Association of Cambodia Is Inaugurated under the Presidency of [Minister of Economy and Finance] Mr. Keat Chhon

Kampuchea Thmey, Vol.8, #1868-#1879, 8-10.2.2009

• Samdech Hun Sen Denies that [ousted Thai prime minister] Thaksin Is in Koh Kong [as claimed by Bangkok Post]
• Khmer Kampuchea Krom Federation Calls on Monks to Attend the 2nd Anniversary Demonstration Celebration this Morning [to remember a demonstration held by Khmer Kampuchea Krom monks in Kleang province [now Sóc Trăng province] in Vietnam
• A Bad Forest Fire at Southern Australia Killed 128 People [present estimate may be up to 230]
• Russia Allows the United States of America to Transport Military Supplies through Russia to Afghanistan

Khmer Aphivaot Sethakech, Vol. 7, #338, 10.2.2009

• [1,055] Staff of the Railway Station Demand 20% Increase of Their Salaries Following Samdech Dekchor Hun Sen’s Words [who had promised that their salaries would be increased]
• The Neutral and Impartial Committee for Free and Fair Elections in Cambodia – NICFEC – and the Committee for Free and Fair Elections – COMREL – Will Not Deploy Observers for the [district and provincial/city council] Elections on 17 May 2009 [they said that their organizations are facing financial problems, and COMFREL added that these indirect elections are useless]

Khmer Machas Srok, Vol.3, #340, 8-10.2.2009

• The Phnom Penh Municipal Court Will Summon Three-Star General Heng Hong to Question Him about Taking another Man’s Wife [in view of the new monogamy law]

Koh Santepheap, Vol.42, #6573-#6573, 9-10.2.2009

• Samdech Dekchor Hun Sen Recommends that the Production of Films Related to Monks Must Pass through the Ministry of Cult and Religion, and Samdech Sanghareach [the head of one of the two Buddhist Orders, in order to avoid problems]
• 20 Universities from Britain Start to Exhibit together Their Information to the Education Sector in Cambodia
• Many Bullets Were Shot in the Air to Threaten Citizens Not to Construct Houses; the Provincial Governor Issues Order to Arrest Five Soldiers [Preah Vihear]

Moneaksekar Khmer, Vol.16, #3682-#3683, 9-10.2.2009

• Ethnic Minority People in Bu Sra Commune, Pechr Chenda District, Mondolkiri, Prepare to Protest against the Khov Chily Company Again [over a land dispute – according to human rights officials]

Rasmei Kampuchea, Vol.17, #4816, 8-9.2.2009

• The Municipal Court Upholds the Decision that the Complaint about Corruption at the Khmer Rouge Tribunal Will Not Be Dealt with
  Thailand Announces to Open the Border Crossing to the Preah Vihear Temple, while Cambodia Denies to Do the Same [the Cambodian government said what Thailand announced is just to reopen a Thai national park along the border near the Preah Vihear Temple]
• Cambodian Embassy in Britain Reacts to the Global Witness Report [saying that it is stupid]
• Japanese Investors Come to Study to Improve the Transportation Sector in Cambodia
• A Thai Tourist Airline [Bangkok Airways] Offers Flights from Cambodia to Samui Island [in Thailand, starting from now until 30 June 2008]
• Cambodia Confiscated Nearly One Kilogram of Heroin at the [Phnom Penh International] Airport [and a Taiwanese man was arrested]

Samleng Yuvachun Khmer, Vol.16, #3482, 8-9.2.2009

• Around 200 Olympic Market Vendors Were Surprised when the [Thay Boonrong] Company Detained One of Their Representatives Yesterday [after vendors decided to send a letter to Prime Minister Hun Sen, to ask for his intervention regarding the rising prices of vendors’ stalls in the market]

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