On October 26, 2009 the following day, according to Sam Rainsy Party provincial councilor, the complaint was filed by Ly Lon and sent to the Minister of Justice; so that the National Assembly was able to lift Mr. Sam Rainsy of his immunity.
CPP lawmaker and member of the permanent committee’s vote was unanimous to forward the decision to the National Assembly. He said the group received the request from the Svay Rieng prosecutor’s office via Justice Minsiter Ang Vong Vanthana.
The complaint against Mr. Sam Rainsy was likely to immediately take place after Vietnamese Nguyen Tan Dung had asked the Cambodian government to take action against Mr. Sam Rainsy. He accused him of intentionally destroying the property and inciting the villagers.
On November 4, 2009 Mrs. Men Sam Orn, Deputy Prime Minster spent her special visit in Vietnam and aired on the state-run Voice of Vietnam radio, the Vietnam leader proposed that, “The Cambodian government take due measures to deal with Mr. Sam Rainsy’s act of sabotage and not permit similar cases to occur, as they negatively affect the good relationship between the two countries.”
However Mr. Sam Rainsy wrote in his email on Monday, November 09 that, “What Vietnam’s Prime Minister proposed above is nothing else than an order to the Cambodian government to punish me in my capacity as an elected representative of the Cambodian people because I dared defend Cambodian farmers who are losing their rice fields because of border encroachments by the Vietnamese authorities in Svay Rieng province.”
He also denied the accusation and added that those six poles were pulled out by the villager, who asserted the Vietnamese authorities had stood in their own rice fields.
In addition most Cambodian people said the Vietnamese encroached into Cambodia territory and they lost lots of their rice fields, but the Cambodian local authorities there did not dare to do anything to intervene its people. For instance, they noticed that Vietnamese had transported sand, cement, irons and stones for the purpose of building the 184th border demarcation, next to the 185th on Cambodian soil. Thus they had to pull out the poles.
Both countries- Cambodian and Vietnam- recently announced that the border measurement had smoothly finished. However, they earned lots of criticism.
Mr. Sien Peng Se, the president of Cambodian Border Committee based in France, criticized that Cambodia lost huge amount of land into the neighboring country. He also mentioned Cambodian-Vietnamese Border Treaties in 1982-83 and 1985 as well as the additional one in 2005 led Cambodia to smaller and smaller nation. Thousand of square kilometers of Cambodian soil were encroached by its neighboring country.
Mr. Sam Rainsy said he would file a complaint with European communities, as he was staying oversee, to accuse Cambodian neighboring countries of invading the territory integrity of the nation. Speaking in Paris, France, Mr. Sam Rainsy asserted he had collected enough evidence and witnesses to show that Cambodian territory integrity is under invasion. He blamed Vietnam on abusing the 1991 Paris Peace Accord.
In a letter issued in English on December 21, 2009 about the action taken by Svay Rieng Provincial Court on December 28, Mr. Sam Rainsy, the president of Sam Rainsy Party, said that he would leave the court to hear him in absentia; and he called the court as kangaroo one.
In the letter, he wrote, “it’s useless and meaningless to denfend yourself before a servant. You’d better address the master. Therefore, I am willing to show up and to be prosecuted in person in Hanoi because my trial is a political one first ordered by Vietnam’s government.
Mr. Sam Rainsy was listed of his immunity by the National Assembly on November 16, after he had uprooted 6 border poles in Chantrea district, Svay Rieng province near Vietnamese border. He criticized that Prime Minister Hun had been playing dangerous game with the Cambodian nation by understating the threat posed by Vietnamese territorial encroachments. In a letter sent to Cambodian people in November, 2009 he raised the issued that the government was playing up the threat posed by Thailand but ignoring problems on its eastern border. The potential loss of 5 square kilometers of land in disputes with Thailand was dwarfed by the loss of thousands of square kilometers to Vietnamese incursions.
In reaction, senior CPP leaders, including Prime Minister Hun Sen, the National Assembly president Hen Samrin, the Senate president Chea Sim, sent a letter on November 16 to King Norodom Sihamoni to reject the accusation by the opposition leader. The letter informed that, “Up to now there are no farmers who lost their rice paddy because the technical committee working not to demarcate both sides with pillars from the two nations to stop farming their fields.” The statement added that Vietnam had abided by a 1985 treaty to demarcate the borderline.
However, SRP lawmaker Mr. Son Chay requested Mr. Va Kimhong, chairman of Cambodia’s Joint Border Committee to clarify the issue on December 24; especially the 6 demarcations and others along the two countries in order to know how the placement of border posts worked on in the eastern side.
On December 24, Mr. Va Kimhong spent about 2 hours to answer questions of Sam Rainsy lawmaker Son Chay, as well as the worry of local villagers, who suspected that they would lose their farm land over the border measure and demarcation.
Mr. Va Kinghong stated that the government began delineating the boundary line with Vietnam ion 2006 and expected to finish all the demarcation posts along the 1,270 km of the border by 2012. So far the two governments have placed 111 of the estimated 375 border posts. During the speech he also denied the allegations that Cambodia was following Vietnam’s lead on the demarcation process. He said that if the committee was just positioning the poles as the Vietnamese government directed to do, it would not have taken so long like that.
However, Mr. Son Chay said he did not accept the statement by Mr. Va Kimhong at all because he was not allowed to ask questions. He said it was like the testimony prepared in advance.
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