Cambodia’s Scale of Justice tilted

Opinion by Khmerization
4th May, 2009

“Mr Hun Sen’s legal action and his threat of lifting of Mrs. Mu Sochua’s parliamentary immunity, if anything at all, is a case of political intimidation and political oppression but worst, a political terrorism, as his pre-emptive lawsuit and the threat of the lifting of parliamentary immunity was aimed at terrorising his political critics, in this case Mrs. Mu Sochua, into submission and silence.”

A defamation lawsuit and counter-suit between Prime Minister Hun Sen and Mrs. Mu Sochua is a classic example of a litmus test of the independence of the Cambodian judicial system. This case might not be so much of a trial of Prime Minister Hun Sen and Mrs. Mu Sochua, but rather it will be a trial of the justice system of Cambodia as, when the case goes to trial, all eyes will be fixed and focused on the independence and impartiality of the Cambodian courts, known for their corruption and impartiality.

Mr. Hun Sen vs. Mrs. Mu Sochua’s court case will also help in the strengthening of the rule of law in Cambodia as it is the first case against a head of the Cambodian government that actually goes to trial. The Phnom Penh Court, even though it might be tempted to tilt its scale of justice toward the executive head of government, will also be under immense pressures to clean its tarnished and corrupt image as well as to prove its independence from the executive branch.

My optimism above notwithstanding, I am particularly concerned and pessimistic also that this case will be no different from other previous cases involving the opposition figures against members of the ruling Cambodian People’s Party (CPP) and that is the scale of justice had always tilted the CPP way.

It is regrettable that, what started as a political jibe had turned into a nasty legal dogfight that will result in a political embarrassment for our nation. Both sides should show more political maturity by refraining from taking legal actions in the first place. Instead the case should be fought in the political arena, such as parliamentary debates.

I am of the opinion that, Mr. Hun Sen, who as the prime minister of a country, should behave more statesmanlike, and not more gangster-like, in his approach to this case. For Mr. Hun Sen, this case would be a distraction and would drain the government’s energy from other more urgent and pressing issues such as borders, unemployment and economic crisis which are facing his government today.

For her party, Mrs. Mu Sochua, whom I hold in high respect for her courage and principled stance, should not allow herself to fall into Mr. Hun Sen’s trap who has so far been successful in portraying her as a villain by claiming himself to be an innocent victim. This I mean that legal option should not be contemplated in the first. Instead, political options like parliamentary debates and press statements would be more desirable. However, she had stood up for what she believes in, and probably will put herself in a lot of political trouble. She is prepared to sacrifice her personal interests and put her principles above all else to pit herself against Mr. Hun Sen, knowing the consequences. And for that she should be commended.

The Hun Sen-Mu Sochua’s defamation lawsuit might have been better settled out of court had Mr. Hun Sen apologised for his fiery and demeaning speech against Mrs Mu Sochua. But Mr. Hun Sen, who is wontedly unaccustomed to be challenged to his political supremacy, pre-emptively sued Mrs. Mu Sochua for defamation when she held a press conference indicating that she will sue him for defamation from his speech. In a scenario that would see Mrs. Mu Sochua suing Mr. Hun Sen, it had become a scenario of Mrs. Mu Sochua being sued by Mr. Hun Sen. Mr. Hun Sen, in a legal coup, had cleverly and cunningly, turned the tide hoping to use the tightly controlled court as his political tool to outmanoeuvre his opponent.

Mr Hun Sen’s legal action and his threat of lifting of Mrs. Mu Sochua’s parliamentary immunity, if anything at all, is a case of political intimidation and political oppression but worst, a political terrorism, as his pre-emptive lawsuit and the threat of the lifting of parliamentary immunity was aimed at terrorising his political critics, in this case Mrs. Mu Sochua, into submission and silence. One would hope that the Prime Minister would come to his senses and settle the case amicably and in a civilised manner on an equal footing.

To do this, in order to pave the way for the court to proceed with their lawsuits, both Mrs. Mu Sochua and Mr. Hun Sen have to be stripped off their parliamentary immunity. To just strip Mrs. Mu Sochua’s immunity alone would be putting Mr. Hun Sen above the laws as the court could not proceed with the lawsuit lodged against him because his parliamentary immunity would immunise him from prosecution.

I do not wish to pre-judge the Phnom Penh Court here as the case is still hanging in the balance. I shall give it the benefit of the doubt and hope that it will judge the case base on its legal merits, and not based on its political influence.