To the kind attention of: Members of Parliament who
have joined the Transnational Radical Party for 2006
have joined the Transnational Radical Party for 2006
Rome, January 30, 2006
Dear Colleague,
We write you to ask you endorse the attached letter-appeal, promoted by the Transnational Radical Party, addressed to the King of Cambodia Norodom Sihamoni and the Prime Minister Hun Sen, to grant amnesty to a Cambodian MP, Hon. Cheam Channy. Over the last few months, Hon. Cheam Channy, has been deprived of his Parliamentary immunity and put on trial before a military court, which convicted him to seven years in jail.
We have personally endorsed this letter and we wholeheartedly hope that other MPs will endorse it in the next hours, before a delegation of MPs who are also TRP members will go to visit Cheam Channy in prison.
We have personally endorsed this letter and we wholeheartedly hope that other MPs will endorse it in the next hours, before a delegation of MPs who are also TRP members will go to visit Cheam Channy in prison.
With my best wishes
Marco Pannella (signed)
President of the Senate of the Transnational Radical Party, Member of the European Parliament
Emma Bonino (signed)
Member of the European Parliament
To the king and urgent attention of
His Majesty, the King of Cambodia Norodom Sihamoni
His Excellency, the Prime Minister of the Kingdom of Cambodia, Hun Sen
His Majesty, the King of Cambodia Norodom Sihamoni
His Excellency, the Prime Minister of the Kingdom of Cambodia, Hun Sen
Rome, January, 2006
His Majesty, Excellency,
Today, we write you as members of several National Parliaments and the European Parliament and of the Transnational radical Party, in a moment in which the democratic institutions of the Kingdom of Cambodia risk to lose their capacity to protect the fundamental freedoms and rights of Cambodians.
Over the last few months, we have followed with attention and trepidation the judicial initiatives that have led to the arrests of numerous representatives of civil society organizations and of the Sam Rainsy Party. The legitimacy of these trials, mostly triggered by defamation lawsuits lodged by members of the Government and the Parliamentary majority following statements of political criticism, has been questioned by many Cambodian and international NGOs, and by the international institutions that monitor the rule of law in Cambodia, including the United Nations.
Today we call on you, in particular to underline the gravity of the situation for the Sam Rainsy MP Cheam Channy, who has been accused by the Cambodian authorities of planning a violent riot, which last 9 August, led to his conviction to seven years in jail. Hon. Cheam Chany was stripped of his Parliamentary immunity and put on trial before a military court, considered by many international observers not sufficiently independent from the executive, which did not guarantee the right to a fair trial.
In support of this opinions, also the UN Working Group on Arbitray Detentions(WGAD) considered the trail of Cheam Channy and , as reported by the International Federation on Human Rights, stated that " that the Cambodian Military Court had no jurisdiction over Cheam Channy, a civilian and Member of Parliament for Kampong Cham province." Furthermore the WGAD stressed that " No evidence of the possession of arms or the plotting of any violent act was presented, and the trial judge refused to permit defense witnesses to testify or to allow the defense to cross-examine prosecution witnesses."
Finally, the WGAD found that Cambodia was in breach of its obligations under international human rights law, declaring that "the deprivation of liberty of Mr Cheam Channy is arbitrary being in contravention with Article 14 of the International Covenant on Civil and Political Rights" (to which Cambodia is a state party).
Majesty, Excellency,
Pursuant to article 27 of the Cambodian Constitution " The King shall have the right to grant partial or complete amnesty." The power to grant amnesty is one of the power of the King and should exercised when he deems necessary to correct or remedy decisions of the judiciary which do not respond to the sense of justice that they represent. The case of Cheam Channy in our opinion falls into the situation described above
For these reasons we call on the King of Cambodia and the Prime Minister to make sure that amnesty would be granted as soon as possible to our colleague Cheam Channy.
Over the last few months, we have followed with attention and trepidation the judicial initiatives that have led to the arrests of numerous representatives of civil society organizations and of the Sam Rainsy Party. The legitimacy of these trials, mostly triggered by defamation lawsuits lodged by members of the Government and the Parliamentary majority following statements of political criticism, has been questioned by many Cambodian and international NGOs, and by the international institutions that monitor the rule of law in Cambodia, including the United Nations.
Today we call on you, in particular to underline the gravity of the situation for the Sam Rainsy MP Cheam Channy, who has been accused by the Cambodian authorities of planning a violent riot, which last 9 August, led to his conviction to seven years in jail. Hon. Cheam Chany was stripped of his Parliamentary immunity and put on trial before a military court, considered by many international observers not sufficiently independent from the executive, which did not guarantee the right to a fair trial.
In support of this opinions, also the UN Working Group on Arbitray Detentions(WGAD) considered the trail of Cheam Channy and , as reported by the International Federation on Human Rights, stated that " that the Cambodian Military Court had no jurisdiction over Cheam Channy, a civilian and Member of Parliament for Kampong Cham province." Furthermore the WGAD stressed that " No evidence of the possession of arms or the plotting of any violent act was presented, and the trial judge refused to permit defense witnesses to testify or to allow the defense to cross-examine prosecution witnesses."
Finally, the WGAD found that Cambodia was in breach of its obligations under international human rights law, declaring that "the deprivation of liberty of Mr Cheam Channy is arbitrary being in contravention with Article 14 of the International Covenant on Civil and Political Rights" (to which Cambodia is a state party).
Majesty, Excellency,
Pursuant to article 27 of the Cambodian Constitution " The King shall have the right to grant partial or complete amnesty." The power to grant amnesty is one of the power of the King and should exercised when he deems necessary to correct or remedy decisions of the judiciary which do not respond to the sense of justice that they represent. The case of Cheam Channy in our opinion falls into the situation described above
For these reasons we call on the King of Cambodia and the Prime Minister to make sure that amnesty would be granted as soon as possible to our colleague Cheam Channy.
With our best wishes
Marco Pannella (signed)
President of the Senate of the Transnational Radical Party, Member of the European Parliament
Emma Bonino (signed)
Member of the European Parliament
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