Full Version: Demonstration Against Hun Sen in front of UN Build
in New York on September 15, 2005
PRESS RELEASE
September 16, 2005
For Immediate Release
Prime Minister Hun Sen of Cambodia Sued In U.S. Court for Human Rights Abuses
During Prime Minister Hun Sen's just concluded visit to the United Nations in New York he was sued in U.S. District Court for the Southern District of New York for a variety of major human rights abuses in Cambodia dating back to his participating in the Khmer Rouge genocide in the 1970s. The lawsuit was filed under two U.S. statutes (the Alien Tort Claims Act, and the Torture Victims Protection Act) that authorize victims of torture and other major human rights abuses taking place in foreign countries to obtain compensation from their abusers in U.S. courts. Plaintiffs include Ron Abney, Sam Rainsy, Chan Thou Lay, Heun Huon and others targeted and/or injured in a March 30, 1997 grenade attack launched by Hun Sen and members of Hun Sen's Bodyguard Corps under his direct command, during a demonstration by political opponents of the Prime Minister in the park opposite the National Assembly Building in Phnom Penh.
The complaint alleges that Hun Sen and his Bodyguard Corp played a major role in planning the attack, and in protecting its perpetrators from capture, and cites U.S. Federal Bureau of Investigation and Congressional Committee findings to that effect. It also alleges that Hun Sen was involved in other major human rights abuses during the period of the "Killing Fields" genocide during Pol Pot's regime when he was an officer with the Khmer Rouge military.
Ordinarily heads of state are immune from lawsuits when they visit foreign nations. But in this case the extreme nature of the torture and genocide abuses can not be considered authorized actions, even though they took place under color of law, and therefore are not subject to immunity claims. Some of the abuses also took place before Hun Sen became Prime Minister, and may be exempt from an immunity claim on those grounds as well. Former President Marcos of the Philippines are among the heads of state who have been held accountable for certain types of the most serious forms of human rights abuse, such as torture, even when they took place during their terms of office.
U.S. law is unusual in permitting lawsuits to be filed in U.S. courts against foreign officials who commit torture and genocide in their home countries. It is part of a growing trend to hold major human rights abusers accountable for their actions, both through civil damage remedies, as in this case, and criminal prosecutions before international tribunals such as the International Criminal Court, as well as national courts.
Judge Lewis Kaplan, who was assigned the case, issued a summons requiring Hun Sen to respond to the complaint within 20 days. It is expected that Defendant Hun Sen will challenge the jurisdiction of the court to hear the case based on his claim of head of state immunity, either through a submission on his own behalf, or by asking the U.S. Government to intervene in the case in his defense by making a "suggestion of immunity" to the court. A court hearing on these jurisdictional and immunity issues can be expected by about November 1, after both parties submit written legal briefs.
Last year the U.S. Supreme Court affirmed (in the case of Sosa v. Alvarez-Machain) the right of victims of torture and other major and universally recognized human rights abuses to file tort damage claims in U.S. courts to seek accountability against their abusers. This is the first major case filed since then against a high-level sitting government official seeking compensation for torture victims under U.S. law.
Contact:
Morton Sklar, Executive Director,
World Organization for Human Rights USA
Tele: (1)(202) 296-5702 or Email: msklar@humanrightsusa.org
September 16, 2005
For Immediate Release
Prime Minister Hun Sen of Cambodia Sued In U.S. Court for Human Rights Abuses
During Prime Minister Hun Sen's just concluded visit to the United Nations in New York he was sued in U.S. District Court for the Southern District of New York for a variety of major human rights abuses in Cambodia dating back to his participating in the Khmer Rouge genocide in the 1970s. The lawsuit was filed under two U.S. statutes (the Alien Tort Claims Act, and the Torture Victims Protection Act) that authorize victims of torture and other major human rights abuses taking place in foreign countries to obtain compensation from their abusers in U.S. courts. Plaintiffs include Ron Abney, Sam Rainsy, Chan Thou Lay, Heun Huon and others targeted and/or injured in a March 30, 1997 grenade attack launched by Hun Sen and members of Hun Sen's Bodyguard Corps under his direct command, during a demonstration by political opponents of the Prime Minister in the park opposite the National Assembly Building in Phnom Penh.
The complaint alleges that Hun Sen and his Bodyguard Corp played a major role in planning the attack, and in protecting its perpetrators from capture, and cites U.S. Federal Bureau of Investigation and Congressional Committee findings to that effect. It also alleges that Hun Sen was involved in other major human rights abuses during the period of the "Killing Fields" genocide during Pol Pot's regime when he was an officer with the Khmer Rouge military.
Ordinarily heads of state are immune from lawsuits when they visit foreign nations. But in this case the extreme nature of the torture and genocide abuses can not be considered authorized actions, even though they took place under color of law, and therefore are not subject to immunity claims. Some of the abuses also took place before Hun Sen became Prime Minister, and may be exempt from an immunity claim on those grounds as well. Former President Marcos of the Philippines are among the heads of state who have been held accountable for certain types of the most serious forms of human rights abuse, such as torture, even when they took place during their terms of office.
U.S. law is unusual in permitting lawsuits to be filed in U.S. courts against foreign officials who commit torture and genocide in their home countries. It is part of a growing trend to hold major human rights abusers accountable for their actions, both through civil damage remedies, as in this case, and criminal prosecutions before international tribunals such as the International Criminal Court, as well as national courts.
Judge Lewis Kaplan, who was assigned the case, issued a summons requiring Hun Sen to respond to the complaint within 20 days. It is expected that Defendant Hun Sen will challenge the jurisdiction of the court to hear the case based on his claim of head of state immunity, either through a submission on his own behalf, or by asking the U.S. Government to intervene in the case in his defense by making a "suggestion of immunity" to the court. A court hearing on these jurisdictional and immunity issues can be expected by about November 1, after both parties submit written legal briefs.
Last year the U.S. Supreme Court affirmed (in the case of Sosa v. Alvarez-Machain) the right of victims of torture and other major and universally recognized human rights abuses to file tort damage claims in U.S. courts to seek accountability against their abusers. This is the first major case filed since then against a high-level sitting government official seeking compensation for torture victims under U.S. law.
Contact:
Morton Sklar, Executive Director,
World Organization for Human Rights USA
Tele: (1)(202) 296-5702 or Email: msklar@humanrightsusa.org
QUOTE (over @ Sep 19 2005, 08:43 PM)
in New York on September 15, 2005
hun sen is a criminal!!!...
Hun Sen needs to be hanged!!!
QUOTE (over @ Sep 19 2005, 09:45 PM)
PRESS RELEASE
September 16, 2005
Prime Minister Hun Sen of Cambodia Sued In U.S. Court for Human Rights Abuses...
September 16, 2005
Prime Minister Hun Sen of Cambodia Sued In U.S. Court for Human Rights Abuses...
Doesn't that sound kinda funny to any of you Cambodians?
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I think there are 2 ppl with signs that don't belong there.
"Stop Nuclear Testing"
"Hun Sen is Democratic Empire"
The nuclear testing sign is probably directed towards those countries with nuclear activities, mainly the U.S. We Cambodian cares a lot about the world and we dosen't want the world to end with the combine of nuclear weapons ueses.
How hard would it be to take out this guy? How big off an army would be need to take down this regime? Who would interfere if a fairly sizable rebel groups form to take down this regime? I am sure rebel cell has already exists in Cambodia, I am afraid Vietnam's army might interfere if a successful overthrown take place. 
This man(Hun Sen) need to be out!!!!period. I don't see any improving under his leadership. Poor getting poorer, rich gether richer, Power gaining more power. I don't know it true or not, could be long time...I heard Bill Gate donated computer to cambodia, but got rejected by Hun Sen. If that true, That is the stupid thing ever. In order to build Khmer empire, we need to educated our children. Without knowledge we are not dead, we need more intellegence and educated people since most of genius had killed during Pot Pot regime.
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