By Heng Reaksmey, VOA Khmer Original report from Phnom Penh
08 May 2008
Lao Mong Hay is a senior researcher at the Asian Human Rights Commission in Hong Kong. He is a close observer of Cambodian politics and policy. He spoke to VOA Khmer in a face-to-face interview in Hong Kong in April. The following are excerpts from the interview.
Q. What is your view on Cambodia’s July election?
A. I am observing from overseas that both the Cambodian people and some political parties are working closely together, but I slightly regret that until now there are not yet electoral campaigns. Some major political parties seem to have already started campaigning. Non-ruling party activists have received threats or intimidation, or have even been killed. These cases affect a smooth, free and fair election in Cambodia.
Q. What is your opinion on whether Cambodia’s election will be free, fair and acceptable?
A. First, we should avoid violence and ensure activists and political parties have freedom for their actions on campaigning, but we should reduce conflict against each other during the campaign and avoid some problems, those that are no involved with political party issues, such as morality and gambling. I think that these issues affect Prime Minister Hun Sen, but if we want to solve moral issues, such as gambling, we should wait until the end of the elections, and we can discuss together to find solutions without involving politics.
Second, involving the land issue, I really admire Prime Minister Hun Sen, now that he has a new idea to resolve the land issues from powerful persons. This is good, but should be followed up every day, not just in the time of the election run-up, resolving a few cases. When the election ends, the cases end too. It is not good, because land-grabbing happens every day.
Q. The Sam Rainsy and Norodom Ranariddh parties have both experienced problems in the courts. Foreign Minister Hor Namhong has sued Sam Rainsy for defamation and disinformation, and Prince Norodom Ranariddh has been sentenced in absentia to 18 months in prison over embezzlement. How do these cases affect the election?
A. What I think is that I’m not concerned with the law suits [of individuals] against each other. But what I’m concerned with is the Cambodian courts, whether they are independent or not. This is a big problem. I heard that some people are concerned about law suits and their effect on the election. But if the courts were independent, not under money or influence of the government, we should resolve these cases. My understanding is that the courts are not yet independent. For example: the case between Sam Rainsy and Hor Namhong. Many prosecutors and judges are [Cambodian People’s Party], so that is why the courts are biased.
Q. How will a biased court affect the two opposition leaders?
A. It depends on whether we keep such cases from affecting independence or not. The court has many means, such as the Appeals Court, Municipal Court and Supreme Court. Ranariddh has fled the country and is now living in exile in Malaysia. In March 2007, the Court of First Instance, in Phnom Penh, tried him in absentia, and, as was widely expected, he was sentenced to 18 months in prison and ordered to pay damages to Funcinpec. He appealed this court ruling, but in October the Court of Appeals ruled against his appeal. He then appealed the ruling to the Supreme Court. The Supreme Court has now started its proceedings, and it is expected that this appeal will be heard sometime in July, around the time of the election. Ranariddh cannot return to Cambodia to directly lead his party and its electoral campaign lest he be arrested and put in jail.
And concerning Sam Rainsy’s case, why did the court promptly [address it]. What about the many cases the court ignores?
So that is why Cambodia’s courts are not independent and are biased.
Q. What is your view on Cambodia’s July election?
A. I am observing from overseas that both the Cambodian people and some political parties are working closely together, but I slightly regret that until now there are not yet electoral campaigns. Some major political parties seem to have already started campaigning. Non-ruling party activists have received threats or intimidation, or have even been killed. These cases affect a smooth, free and fair election in Cambodia.
Q. What is your opinion on whether Cambodia’s election will be free, fair and acceptable?
A. First, we should avoid violence and ensure activists and political parties have freedom for their actions on campaigning, but we should reduce conflict against each other during the campaign and avoid some problems, those that are no involved with political party issues, such as morality and gambling. I think that these issues affect Prime Minister Hun Sen, but if we want to solve moral issues, such as gambling, we should wait until the end of the elections, and we can discuss together to find solutions without involving politics.
Second, involving the land issue, I really admire Prime Minister Hun Sen, now that he has a new idea to resolve the land issues from powerful persons. This is good, but should be followed up every day, not just in the time of the election run-up, resolving a few cases. When the election ends, the cases end too. It is not good, because land-grabbing happens every day.
Q. The Sam Rainsy and Norodom Ranariddh parties have both experienced problems in the courts. Foreign Minister Hor Namhong has sued Sam Rainsy for defamation and disinformation, and Prince Norodom Ranariddh has been sentenced in absentia to 18 months in prison over embezzlement. How do these cases affect the election?
A. What I think is that I’m not concerned with the law suits [of individuals] against each other. But what I’m concerned with is the Cambodian courts, whether they are independent or not. This is a big problem. I heard that some people are concerned about law suits and their effect on the election. But if the courts were independent, not under money or influence of the government, we should resolve these cases. My understanding is that the courts are not yet independent. For example: the case between Sam Rainsy and Hor Namhong. Many prosecutors and judges are [Cambodian People’s Party], so that is why the courts are biased.
Q. How will a biased court affect the two opposition leaders?
A. It depends on whether we keep such cases from affecting independence or not. The court has many means, such as the Appeals Court, Municipal Court and Supreme Court. Ranariddh has fled the country and is now living in exile in Malaysia. In March 2007, the Court of First Instance, in Phnom Penh, tried him in absentia, and, as was widely expected, he was sentenced to 18 months in prison and ordered to pay damages to Funcinpec. He appealed this court ruling, but in October the Court of Appeals ruled against his appeal. He then appealed the ruling to the Supreme Court. The Supreme Court has now started its proceedings, and it is expected that this appeal will be heard sometime in July, around the time of the election. Ranariddh cannot return to Cambodia to directly lead his party and its electoral campaign lest he be arrested and put in jail.
And concerning Sam Rainsy’s case, why did the court promptly [address it]. What about the many cases the court ignores?
So that is why Cambodia’s courts are not independent and are biased.
5 comments:
Dear Dr Lao;
I am observing from overseas that both the Cambodian people and some political parties are working closely together, but I slightly regret that until now there are not yet electoral campaigns.
The electoral campaign is yet to kick start and therefore "No one shall be allowed to start before the date set".
It's good you can see that some political parties are actually and closely working with each other which in turns might be able to counter-check and put pressure on government performance.
such as morality and gambling
As to this particular issues are raising during the Campaign, in particualr, in USA where Clinton camp and Hillary herself politically trying to draw attention of Obama supporters about the picture showing he dressed in muslim outfit. However, I do agree with you that personal issue shll not bring into electoral campaign if one can avoid to raise the issue.
This is good, but should be followed up every day, not just in the time of the election run-up, resolving a few cases.
Land issue is an on going issue and personally don't think that it falls on PM deaf ear at all. Last year, he did mention about land in Kampot who were belonged to his army general and since then the lands have been handed back to people. However, do agree that it should be floowing up at all time.
But what I’m concerned with is the Cambodian courts, whether they are independent or not. This is a big problem.
Whether courts are independent remaining to see.
In March 2007, the Court of First Instance, in Phnom Penh, tried him in absentia, and, as was widely expected, he was sentenced to 18 months in prison and ordered to pay damages to Funcinpec.
It is not the 1st time that the prince landed himself in such a position. He has been sentence in absentia in the past and has been royal pardon by the former King. So this sentence in absentia is nothing new. He shall return to Cambodia and fight the case if he feels that he is innocent and has been politicalized for the issue. To live in self iposed exile is nothing better than living in denial.
As for SR case, personally, it will not going too far due to the fact that CPP has enough on their plate [policies and plateform, vision to sell to people] leave alone to create more unplesant environment for the up-coming election
Well, under the control of Hanoi, to Hun Sen/Sihanouk and cronies regime in P. Penh, it's just business as usual, and the final phase of the Vietnamization of Cambodia is right on schedule!
Dr. Lao Mong Hay and the rest of Khmer people must wake up or the Viet will be living happily ....(you all fill out the dots!).
One Cambodian kid
Tres bien cher Tonton Hay,
Peux-tu dire a KI-Media de changer ta photo STP? Merci, Tonton!
Dr Lao is Ah Pleu Pleu. He expected the court to find Ranarith innocent even Ranarith had sold the party head quarter and pocket the money; otherwise, the court is not independent. That is the stupidest reason anyone could have about the court. The Ranarith case has nothing to do with the CPP. It is strictly between the FUNCINPEC and Ranarith.
I don't think the about reaction is come from the Prime minister, even it is his style.
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