Opposition leader convicted in flawed trial

AMNESTY INTERNATIONAL

Public Statement

AI Index: ASA 23/007/2005 (Public)
News Service No: 346
22 December 2005

Cambodia: Opposition leader convicted in flawed trial

Amnesty International strongly condemns the 18 month prison sentence imposed today on opposition leader Sam Rainsy by the Phnom Penh Municipal Court after finding him guilty of defaming the President of the National Assembly Prince Norodom Ranariddh and Prime Minister Hun Sen.

Sam Rainsy, leader of the party that carries his name, was tried in absentia. He has been in exile since February 2005 when the National Assembly, in a closed session, waived his parliamentary immunity and that of two other opposition lawmakers, Chea Poch and Cheam Channy.

The opposition leader was found guilty on charges of criminal defamation under Article 63 of the 1992 Provisions Relating to the Judiciary and Criminal Law and Procedure Applicable in Cambodia during the Transitional Period (known as the UNTAC Law) currently in force.

Sam Rainsy and Chea Poch left the country following the removal of the parliamentary immunity, which paved the way for prosecution, while Cheam Channy was almost immediately arrested.

Cheam Channy was tried and convicted in August 2005 of setting up an illegal armed force and fraud in a trial that fell far short of international standards for fairness and failed to produce any evidence to corroborate the charges against him. He was sentenced to seven years' imprisonment, which he is serving at the Military Prison in Phnom Penh. Cheam Channy is considered a prisoner of conscience by Amnesty International.

Today’s hearing of the case against Sam Rainsy is yet another demonstration of how the court system in Cambodia lacks independence, impartiality and credibility.

The guilty verdict of Sam Rainsy is another setback for Cambodia, where two government critics were jailed in October 2005 for voicing peaceful dissent. Radio journalist Mam Sonando and union leader Rong Chhun remain in pre-trial detention and are also considered prisoners of conscience.

Background

International human rights law acknowledges the right of individuals to protect themselves from unfair or untrue comment or criticism. However, the misuse of defamation suits has a suppressive effect on the public debate and can be used to silence opposition. The UN Special Rapporteur on Freedom of Opinion and Expression has repeatedly called on states to repeal criminal defamation laws in favour of civil defamation laws. Besides using such civil laws, where necessary, a government and other people in high-ranking positions have ample opportunity to defend themselves from criticism by other means, such as by responding directly to accusations without stifling public debate.

U.S. Urges Cambodian Government To Uphold Freedom of Expression

Defamation conviction of opposition leader Sam Rainsy shows negative trend

Washington --The State Department is expressing concern about the conviction in absentia of Cambodian opposition leader Sam Rainsy on charges of criminal defamation.

In a December 22 statement, State Department spokesman Sean McCormack said the conviction was evidence of "the continuing deterioration of democratic principles such as free speech and expression in Cambodia." He called on the political leadership of the Cambodian government to uphold citizens' rights as guaranteed in the country's constitution and international agreements.

Sam Rainsy, founder of the opposition Sam Rainsy Party (SRP) and formerly a member of parliament from Cambodia's Kampong Cham province, was accused of defaming Cambodian Prime Minister Hun Sen and Prince Norodom Ranariddh, president of the National Assembly and leader of the royalist political party FUNCINPEC (National United Front for an Independent, Neutral, and Peaceful Cambodia).

The opposition leader had accused Hun Sen of involvement in a 1997 grenade attack against political opponents and alleged that Prince Ranariddh had taken bribes to join in a coalition with Hun Sen.

Sam Rainsy left Cambodia and has been living in France since the National Assembly stripped him and two other SRP members of parliamentary immunity in February.

(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

Opposition Leader Sam Rainsy Statement Ahead of His Sentence

The following is a statement we obtained in Phnom Penh. It was issued by Mr. Sam Rainsy, opposition leader, ahead of the sentence which will be issued against him by the Phnom Penh Municipal Court, in regards to the defamation lawsuits brought by Prince Norodom Ranariddh, and Prime Minister Hun Sen:

December 22, 2005
06: 00 a.m. Phnom Penh time

A FARCICAL JUSTICE

Today, I will be “tried” by the farcical Phnom Penh tribunal in relation to two separate defamation lawsuits filed against me by National Assembly and Funcinpec President Prince Norodom Ranariddh, and Prime Minister Hun Sen. I have accused the former of taking bribes in exchange for his support for the ruling CPP, and the latter of being implicated in a deadly grenade attack in 1997.

While the Cambodian court has obviously made no serious investigation into the two cases and has come very quickly to the “conclusion” that I am guilty of “defamation”, the French court is in the process of investigating into Prince Ranariddh’s corruption, and the US court is dealing with a criminal lawsuit filed against Hun Sen by victims of the 1997 grenade attack.

In Cambodia’s present political life, the largely anachronistic 1992 UNTAC Criminal Law is being selectively implemented with the court adopting a double standard. Some provisions related to “defamation” and “threat to public security” associated with “incitement” are being invoked against union leaders, journalists, human rights activists and opposition members, while those related to “embezzlement of public property” and “corruption” have never caused any worry for government officials in a country known as one of the world’s most corrupt states.

Knowing how the Cambodian court operates, nobody will take seriously the “sentence” that will be pronounced today against me. I am confident that justice will eventually prevail and that I will be able to come back to Cambodia very soon. It is very likely that, with changing circumstances, such a politically subservient court will see its decision reversed or annulled. Everybody remembers that, following the 1997 coup d’état, Prince Norodom Ranariddh was sentenced to 35 years in prison by the very same court, but this sentence did not prevent him from returning to Cambodia in 1998 to resume his political activities after a prolonged exile.

In 1996, at the request of then Co-Prime Ministers Norodom Ranariddh and Hun Sen, King Norodom Sihanouk amnestied Pol Pot’s deputy Ieng Sary, who had been sentenced to death in 1979. I hope that in 2006, King Norodom Sihamoni will grant his pardon to all victims of political repression. Unlike Ieng Sary some thirty years ago, today’s government critics have never been involved in any killing, let alone crime against humanity. Unlike Prince Norodom Ranariddh, they have never been involved in the executive and are, according to prominent human rights organizations, as innocent as Prince Ranariddh in 1997.

All democrats must help stop Cambodia’s ongoing totalitarian drift.

Sam Rainsy
Member of Parliament
Opposition leader

Amnesty International is deeply concerned about the existence of serious flaws affecting the Cambodian legal system

[Translated from article published in French by Cambodge Soir]

Brittis Edman is a researcher with the international organization for the defense of human rights “Amnesty International,” she is currently assigned to Cambodia, Laos, and Vietnam. She recently completed a visit to the kingdom and had accepted to provide some comments on the current situation of the country. Interview.

Cambodge Soir: In August, the Cambodian justice condemned the SRP MP Cheam Channy through a military court. In your opinion, what legal consequence can this trial have, as well as the trial – which was very criticized – of the presumed murderers of union leader Chea Vichea. In light of these events, what is your view on the Cambodian justice?
Brittis Edman: The trial which condemned Born Samnang and Sok Sam Oeun to 20 years of jail did absolutely not answer to international standards for an equitable trial. The investigation was fraught with errors at all levels of the legal system. The police intimidated the witnesses and the suspects, and there was an obvious political interference in the legal system.
Cheam Channy, a civilian under non-military accusations, was sent to a military court which has no authority to judge civilian affairs. During the trial, the accusation failed to produce credible proof to back up the charges leveled against him. Other fundamental international standards for an equitable trial were trampled. Thus no defense witness was authorized to testify and the defense lawyer was not authorized to question all the accusation witnesses.
Amnesty International is deeply concerned about the existence of serious flaws affecting the Cambodian legal system which make it such that the innocents can be jailed for crimes they did not commit, as the cases above prove. Also serious is the fact that the real perpetrators still continue to enjoy impunity.

CS: Do you believe that the international community has reacted sufficiently in theses trails?
BE: These two affairs generated substantial international reaction from unions, parliamentary groups, and human rights organizations. Though the bulk of the protests was heard on the days immediately following the sentence. It is imperative to replace these travesties of justice in all the Cambodian state institutions. Impunity in Cambodia should not be viewed as a result of the legal failure but as a systematic practice which protects some groups of people to the detriment of the rule of law, and finally to the detriment of the Cambodian people. The donor countries are in good position – and they also have the responsibility – to promote to the authorities the importance of human rights in Cambodia, and to follow suit on the abuses found in the legal system. Short term condemnations on bad practices with little follow up are not sufficient.

CS: In view of these two trials, according to you, what can be expected of the tribunal to judge the former Khmer Rouge leaders?
BE: The incarceration of Cheam Channy, Born Samnang and Sok Sam Oeun casts a shadow of the extraordinary Chambers, which are borne from the same legal system that condemned these men following a not convincing and unfair trial. At the same time, Amnesty International favorably welcome the efforts of the government and of the UN to bring to justice those who share the largest responsibilities in the atrocities committed under the rule of Khmer Rouge regime. Our organization hope that there will be sufficient precaution put in place not only to guarantee a fair, independent and transparent process which will put an end to the impunity of these leaders, but also to start in a positive fashion some change for the future. With all light pointed towards the Cambodian legal system and the issue of impunity, the extraordinary Chambers should be in good position to generate a long awaited change towards independent, impartial, and credible justices which will fight impunity at all levels.
However, this tribunal will not be crowned with success if it is not perceived as credible by the Cambodian people. Under the present circumstances, the Cambodian government has the possibility to strengthen the credibility of the tribunal by making public the criteria used for the selection of judges and prosecutors as well as for the planned candidates to fill these important positions.

CS: In view of the recent arrests of the union leader Rong Chhun and the director of the Beehive Radio Station Mam Sonando, as well as the numerous arrest warrants issued against other activists and against the personal adviser of King-Father, Say Bory – arrest decision made under a context of fierce controversy surrounding the supplemental treaty to the 1985 border treaty with Vietnam – can we say that freedom of expression and association are in danger?
BE: The recent arrests and other legal actions taken against people who had criticized the policy of the Cambodian government constitute a threat to the freedom of expression and association in the country. To express dissenting opinions in a peaceful manner is protected by the Cambodian and the International laws, and from what Amnesty International can observed, [these people] had never committed any known crimes as such at the international level. Furthermore, these events have the effect of cooling down civic societies, the media, and the emerging union movement which still have difficulties following the murder of Chea Vichea last year.

CS: Before these developments, it is noted that freedom of expression was not really re-established since the 2003 election period.
BE: There are some concerns when request for authorization to organize public gatherings addressed to the authorities had been refused. The fact that most of these requests had been regularly rejected by the authorities is very serious. This prevent the citizen, groups and organizations to enjoy their constitutional rights to gather and to express themselves, this impairs the public debate in Cambodia, as well as it tarnishes the image of the country.

Interview conducted by Stephanie Gée
Cambodge Soir
Tuesday 20 December 2005

ICFTU Reaffirms its Support for Cambodian Trade Unionists Charged with Criticising Government

Brussels 19 December 2005 (ICFTU OnLine): At a meeting with Chea Mony on 19 December in Brussels, President of the Cambodian trade union centre FTUWKC, ICFTU General Secretary Guy Ryder pledged to intensify pressure on the Cambodian government to drop charges against Mony and other Cambodian union leaders of defamation against the country's government and inciting others to commit a crime. Rong Chhun, President of the Cambodia Independent Teacher's Association, was arested and detained in October on similar charges, and arrest warrants have been issued against Man Nath, President of the Combodian Independent Civil Servants' Association and Ear Channa, Deputy General Secretary of the Student Movement for Democracy. Man Nath and Ear Channa are currently in Thailand facing extraditino to Cambodia. The charges were laid in response to a statement critical of the Cambodian government made by the four on the signing of a border agreement between Cambodia and Vietnam.

The trade union rights situation in Cambodia, detailed in the ICFTU's Annual Survey*, is extremely hostile, with repeated violations of organising and collective bargaining rights and harassment of union officials taking place over several years. Chea Vichea, previously President of the FTUWKC and brother of Chea Mony, and Ros Savannareth, a local trade union leader, were
both murdered early in 2004. Despite an apparent effort by the government to find scapegoats for the murder of Vichea, the government has faced continued criticism for failing to ensure an effective investigation into the killings.

At the time of his visit to the ICFTU, Chea Mony also met with European Commission and European Parliament officials, as well as a number of European governments, to brief them on the continuing anti-union climate in Cambodia and seek international support for ensuring full respect for fundamenal labour standards in the country.

Commenting on his meeting with Mony, Ryder called on the Cambodian authorities to drop the charges against the trade union and student leaders, and to bring an end to the anti-union hostility prevalent in the country. The ICFTU is raising the case with governments in several countries and the ILO in order to increase pressure on the Cambodian authorities.

Link to Annual Survey of violations of trade union rights, Cambodia section:
http://www.icftu.org/displaydocument.asp?Index=991222323&Language=EN

The ICFTU represents 155 million workers through its 236 affiliated organisations in 154 countries and territories. The ICFTU is also a partner in Global Unions:
http://www.global-unions.org

For more information, please contact the ICFTU Press Department on +32 2 224 0245 or +32 476 621 018.

Right Violation

Cop: Late paycheck is a violation of my rights.
Clerk: So ... you know about right violations after all ?.!

Sam Rainsy's Letter to the Cambodia Daily on his court cases

The following is a copy of the letter sent by Mr. Sam Rainsy, the opposition leader, sent to the Editor of the Cambodia Daily newspaper regarding the upcoming two court cases brought against him by Prince Norodom Ranariddh and by Prime Minister Hun Sen. The sentence on the two cases will be decided on December 22, 2005.

Paris, December 14, 2005

The Editor
The Cambodia Daily
50B, Street 240
Phnom Penh

Sir,

In "Sam Rainsy Case To Go To Trial Next Week" (December 14, page 12), you wrote: "The Phnom Penh Municipal Court is scheduled on December 22 to hold the trial of opposition leader Sam Rainsy, who is accused of defaming Funcinpec President Prince Norodom Ranariddh."

Actually, I will be tried next week, on the same day, in relation to two separate defamation lawsuits filed against me by Prince Ranariddh and Prime Minister Hun Sen. I have accused the former of taking bribes in exchange for his support for the ruling CPP, and the latter of being implicated in a deadly grenade attack in 1997.

I would like to confirm that I will attend none of the hearings that will be held for the two lawsuits because I don't want to take part in a travesty of justice. I have been waiting for nearly one year to be "tried" in absentia. According to existing laws (Provisions Relating to the Judiciary and Criminal Law and Procedure adopted by UNTAC in 1992), I should have been "tried" within six months following the lifting of my parliamentary immunity on February 3, 2005.

Lifting a parliamentarian's immunity means depriving him of a number of his rights and liberties, in the same way as when you deprive an ordinary person of a number of his rights and liberties by arresting and detaining him. This can be done by the authorities pending a decision by the court to either clear an accused person of a given charge or punish him through a sentence pronounced by the judge at the end of the prosecution process. Fortunately, there is always a legal time limit for the period the authorities are allowed to deprive the accused person of his rights and liberties pending his trial. In Cambodia, the time limit is six months according to Articles 14 and 21 of the UNTAC Provisions. If there is no trial during that time period - I must specify here that any trial can be conducted whether the accused person appears in court or not - the accused person is automatically cleared of the charge pressed hitherto against him and his rights and liberties must be restored (Article 22). This should have been my case since August 3, 2005.

In spite of the law violations that have been committed so far, I will at least know for sure on December 22 whether I am guilty of any "crime" and what would be my "punishment". It will be easier for me then to consider what to do next.

Sincerely,

[signed]

Sam Rainsy
Member of Parliament

EXCERPTS FROM
PROVISIONS RELATING TO THE JUDICIARY AND CRIMINAL LAW AND PROCEDURE
(SNC/UNTAC DECISION OF SEPTEMBER 10, 1992)

• Article 14: Pre-trial Detention: "The duration of a pre-trial detention must in no case exceed four months (...). This period may be extended to six months if justified by the requirements of the investigation."
• Article 21: Time Limits: "Any accused person, whether or not in detention, must be judged no later than six months after arrest."
• Article 22: Release for Procedural Error: "In case of non compliance with the procedures set out in [the previous] articles (...), the accused must be immediately released (...). Violations by public officials of the individual rights enumerated in [the previous] articles of the present text will incur sanctions (...)."

To read the full text of the law go to http://cambodiapolitics.org/laws/untaclaw_1992en.pdf

Two Court Summons Issued for Opposition Leader

<Click on the warrants to see a larger size>

In spite of the fact that the case against Mr. Sam Rainsy, the opposition leader, has exceeded the legal time limit of 6 months for prosecution, the Phnom Penh municipal court had nevertheless issued two court summons for Mr. Sam Rainsy's appearance on 22 December 2005. According to Liv Sovanna, the Funcinpec lawyer, the court will issue a judgment against Mr. Sam Rainsy on that date also.

Additional Charges Added to Mam Sonando's Case

<Click on photos to view larger size>

Translated from Khmer by KI-Media

09 December 2005
Reported by Sok Serey, Radio Free Asia, Phnom Penh

Mam Sonando, the manager of the Beehive Radio Station [hosting RFA and VOA programs inside Cambodia] was summoned to the Phnom Penh municipal court by the prosecutor in regards to two additional charges leveled against him: one by the government representative, and one by the National Assembly representative, about spreading of disinformation. However, Mam Sonando denied all the new allegations.

Mam Sonando was questioned for almost three hours by the prosecution judge Thoang Oul.

Hong Kim Suon, Mam Sonando’s lawyer, told the news media outside the courtroom that the two new charges came from Kim San, the secretary of the National Assembly, and the other one from the government lawyer who accused Mam Sonando of spreading disinformation. He indicated that the new charges concern the penal code.

He also indicated that the Phnom Penh municipality court prosecutor had already charged his client based on these two new accusations, and today the judge had summoned his client for questioning.

Hong Kim Suon added also: “He (Mam Sonando) had denied all charges, and he said that he did not spread disinformation as he is accused. What he was doing, he did it according to the journalist ethic code.”

Dy Phanara, Mam Sonando’s wife, said that her husband did not do anything wrong as he was accused of. She declared that the accusations against her husband are not fair.

Mam Sonando was escorted by about 10 prison guards from the Prey Sar jail, they are armed with guns and batons, and they also physically restrained him from the courtroom and shoved him into the car while preventing him from talking to journalists present.

The authority also physically restrained and yanked shirt collars of journalists, and pushed them using brute force in order to prevent Mam Sonando from talking to them.

Mam Sonando shouted to the journalists: “They have the right to accuse me, I also have the right to provide clarifications back. I cannot accept these accusations at all.”

Mam Sonando, the manager of Beehive radio, was first accused by the government lawyers of defamation against Prime Minister Hun Sen. He was subsequently arrested and incarcerated in Prey Sar jail since October following the broadcast of an interview with Mr. Sean Pengse, the border expert who lived in France, in which the signing of the supplemental border treaty with Vietnam was discussed.

Interview With Mr. Sam Rainsy on King's Signature on Supplemental Border Treaty

Khemara Sok, VOA
Phnom Penh, Cambodia
30/11/2005

Click here to listen to the interview in Cambodian

Opposition Sam Rainsy party leader Sam Rainsy in his interview with VOA's Khmer Service's stringer Wednesday says that King Sihamoni has signed the controversial 1985 supplemental border treaty which Prime Minister Hun Sen has signed with Vietnam on October 10, which is bad news for him.

He said he has written two letters to the King imploring him not to sign it, as it is illegal and not in accordance with the 1991 Paris Accord, resulting in Cambodia losing her territorial and maritime borders.

He said that former King Sihanouk said from Beijing, China, that the treaty makes Cambodia lose her land, thus he will not come back to his homeland. The former monarch said that he is very worried about this event because in his words Cambodia will lose a lot of land.

Prime Minister Hun Sen, Prince Ranaridh, and a number of royal family members said that Cambodia will not lose any territory.

Mr. Sam Rainsy said that he does not believe the current Cambodian leaders' words, and instead he believes the people living along the border in Prey Veng, Svay Rieng, Takeo, Kampong Cham, Mundol Kiri, Ratanakiri, Kampot, and Kandal provinces. They said the Vietnamese encroached the border deep inside Cambodia and swallowed the farm lands and the Buddhist temples.

He added that some Khmer leaders care about their personal interests. Mr. Sam Rainsy said that he cannot do anything else except voicing his opinions through media such as VOA and keeping the people's rights to protest, and hoping that one day some nationalists will take power and nullify this treaty.

The opposition party leader said that this controversy is not over yet. One way out is for former King Sihanouk to suggest the 1991 Paris Accord's signatory countries to reconvene. The former monarch was the signatory himself.

The former King said that this supplemental treaty is not in accordance with the 1991 Paris Accord which stated that any treaty that violates Cambodia's sovereignty should be nullified.

Mr. Sam Rainsy said that King Sihamoni received pressure and threats that the royal regime would be abolished if he does not endorse this treaty.