Mu Sochua (foreground) and Sam Rainsy before Mu Sochua’s Municipal Court trial on Friday. (Photo by: AFP)Wednesday, 29 July 2009
Meas Sokchea and Sebastian Strangio
The Phnom Penh Post
With the verdict in SRP lawmaker Mu Sochua's defamation case expected next week, the party appears divided over whether to engage the government in another round of legal tangles.
AS PHNOM Penh Municipal Court prepares to deliver the verdict in Prime Minister Hun Sen's defamation case against Sam Rainsy Party (SRP) lawmaker Mu Sochua, the opposition faces the dilemma of whether to keep up the fight in the event of a guilty verdict or concede defeat by paying any fines levied by the court.
While some SRP officials seem to regard the verdict, expected August 4, as a natural endpoint to Mu Sochua's legal tangle with Hun Sen, some observers say the party should maintain its opposition regardless of the outcome.
Human Rights Party (HRP) President Kem Sokha said Monday that opposition parties should continue to take strong stands even as they are pressured more and more during government crackdowns.
"We should not let ourselves get soft-hearted," he said.
"What we must do is stand on principle against corruption and human rights violations. For the rights violations against Mu Sochua, we should not cease. We must go on."
SRP spokesman Yim Sovann told the Post last Thursday that the party would settle the case by paying any fines levied against Mu Sochua, adding that, as the saying goes, prudence might be the better part of valour.
Mu Sochua had previously said she would rather go to jail than pay a fine, saying her incarceration would draw attention to oppression directed at many Cambodians.
"Mu Sochua's stance is different from the party," Yim Sovann said. "The SRP sees that the court is not independent or fair. Even if we continue our case to the top, it will lose."
In a recent interview in the online Asia Media Forum, SRP lawmaker Son Chhay said the party had no alternative but to "quiet down for a while" as the government crackdown continues.
Mu Sochua said Tuesday her stance on the issue remained the same, though she declined to elaborate.
"My stance has not changed," she said, adding, "The pursuit of justice is based on principles. Those principles cannot be negotiated."
She declined to comment on the payment of fines in advance of the verdict.
Political theatre
The SRP's candlelight vigil outside the Municipal Court before Mu Sochua's hearing Friday, an event attended by press and international observers, could be seen as an example of how Hun Sen's lawsuit might ultimately benefit the opposition. But it is unclear exactly how far the issue can be pushed before it will become a political - or personal - liability.
Ou Virak, president of the Cambodian Centre for Human Rights, said the party's stance should reflect what it is hoping to gain from the affair.
"If your intention is to fight the system and push for change as an advocate, you have to continue, you have to stick to a principle and not waver," he said.
"Unfortunately, there are some hardships associated with being courageous.... It will incur some painful sacrifices."
The SRP's apparent decision to wind down its fight echoes its reaction to a similar crackdown in 2005, when Sam Rainsy and lawmakers Cheam Channy and Chea Poch all faced lawsuits filed by government officials.
Cheam Channy, who was sentenced to seven years in jail on charges of attempting to form a private army, said Monday that the experience of his own case made him realise that fighting court battles was not worth the effort.
"I understand clearly that the Cambodian courts are under political pressure," he said.
He added that the current priority of the party was to help those in need rather than waging an unwinnable fight against senior officials.
Cheam Channy was released from prison in 2006 after securing a pardon from King Norodom Sihamoni.
Though many of Mu Sochua's supporters have argued that the court would likely deliver a guilty verdict because of political pressure, Hun Sen's lawyer Ky Tech dismissed the opposition's concerns about judicial independence, saying the court was operating in a transparent manner.
"Whether my case loses or wins, it will be just, since the court has conducted the case properly," he said.
Cambodian Defenders Project Executive Director Sok Sam Oeun, who noted that Mu Sochua did not speak very much during Friday's hearing, said the SRP decision on whether to continue its legal struggle should ultimately depend on the evidence it possesses.
"[Municipal Court] was the place for her to fight the strongest, but she did not speak very much," he said.
AS PHNOM Penh Municipal Court prepares to deliver the verdict in Prime Minister Hun Sen's defamation case against Sam Rainsy Party (SRP) lawmaker Mu Sochua, the opposition faces the dilemma of whether to keep up the fight in the event of a guilty verdict or concede defeat by paying any fines levied by the court.
While some SRP officials seem to regard the verdict, expected August 4, as a natural endpoint to Mu Sochua's legal tangle with Hun Sen, some observers say the party should maintain its opposition regardless of the outcome.
Human Rights Party (HRP) President Kem Sokha said Monday that opposition parties should continue to take strong stands even as they are pressured more and more during government crackdowns.
"We should not let ourselves get soft-hearted," he said.
"What we must do is stand on principle against corruption and human rights violations. For the rights violations against Mu Sochua, we should not cease. We must go on."
SRP spokesman Yim Sovann told the Post last Thursday that the party would settle the case by paying any fines levied against Mu Sochua, adding that, as the saying goes, prudence might be the better part of valour.
Mu Sochua had previously said she would rather go to jail than pay a fine, saying her incarceration would draw attention to oppression directed at many Cambodians.
"Mu Sochua's stance is different from the party," Yim Sovann said. "The SRP sees that the court is not independent or fair. Even if we continue our case to the top, it will lose."
In a recent interview in the online Asia Media Forum, SRP lawmaker Son Chhay said the party had no alternative but to "quiet down for a while" as the government crackdown continues.
Mu Sochua said Tuesday her stance on the issue remained the same, though she declined to elaborate.
"My stance has not changed," she said, adding, "The pursuit of justice is based on principles. Those principles cannot be negotiated."
She declined to comment on the payment of fines in advance of the verdict.
Political theatre
The SRP's candlelight vigil outside the Municipal Court before Mu Sochua's hearing Friday, an event attended by press and international observers, could be seen as an example of how Hun Sen's lawsuit might ultimately benefit the opposition. But it is unclear exactly how far the issue can be pushed before it will become a political - or personal - liability.
Ou Virak, president of the Cambodian Centre for Human Rights, said the party's stance should reflect what it is hoping to gain from the affair.
"If your intention is to fight the system and push for change as an advocate, you have to continue, you have to stick to a principle and not waver," he said.
"Unfortunately, there are some hardships associated with being courageous.... It will incur some painful sacrifices."
The SRP's apparent decision to wind down its fight echoes its reaction to a similar crackdown in 2005, when Sam Rainsy and lawmakers Cheam Channy and Chea Poch all faced lawsuits filed by government officials.
Cheam Channy, who was sentenced to seven years in jail on charges of attempting to form a private army, said Monday that the experience of his own case made him realise that fighting court battles was not worth the effort.
"I understand clearly that the Cambodian courts are under political pressure," he said.
He added that the current priority of the party was to help those in need rather than waging an unwinnable fight against senior officials.
Cheam Channy was released from prison in 2006 after securing a pardon from King Norodom Sihamoni.
Though many of Mu Sochua's supporters have argued that the court would likely deliver a guilty verdict because of political pressure, Hun Sen's lawyer Ky Tech dismissed the opposition's concerns about judicial independence, saying the court was operating in a transparent manner.
"Whether my case loses or wins, it will be just, since the court has conducted the case properly," he said.
Cambodian Defenders Project Executive Director Sok Sam Oeun, who noted that Mu Sochua did not speak very much during Friday's hearing, said the SRP decision on whether to continue its legal struggle should ultimately depend on the evidence it possesses.
"[Municipal Court] was the place for her to fight the strongest, but she did not speak very much," he said.
29 comments:
we clever they cleaver..........
don't give up!
think about our country is much better.....now yuon..really invade cambodia even in economic....and corrupt investing....and land grapping....and now thai..also..may be we have to share of ownership of preah vihea...may be 50 - 50...who knows..they may already sing under the table....under this gov...why think too much about personal thing...
In responding to your irritate statement that the country is being invaded by Vietnamese or Thai and economic, land grabbing, corruption are plunged. Think about this! If we all commit to be together stop fighting with Khmer and Khmer, we will win. Let take a look at the recent case of this lady Mu Sochua, as I stated on my previous comment, she is causing too much problems with Samdech Hun Sen. By looking at her photograph, I can’t stand her. This proves that Khmer and Khmer are fighting; the country will not growth. Also in regarding to the Khmer Rouge’s court, I am so sick and tired of it, what are they going to do for Duck if he found guilty? There might be nothing beside put him in jail the rest of his life. Com’ on it’s been nearly thirty years. Remember! Human not all bad, I meant some good some bad, you can’t judge ALL Khmer Rouges are bad even thought Khmer Rouge had a bad reputation since 1975. Also keep in mind that because of Khmer Rouge, we didn’t have any Youn and Thai and other foreigner in Cambodia since 1975 - 1979. I, a former Khmer Rouge soldier cleaned them all and protected the country until 7 January 1979 we defeated and surrendered because the invasion of Vietnam on January 7, 1979. Please forget the past start to look into the future, if you keep fighting, causing; charging against one or another, it’s not going to be any good for the country. I hope you understand my point. Cheer up Friends! Okay! Would you like to talk about good things, History, Movies etc.?
Opp! I forgot my name...
In responding to your irritate statement that the country is being invaded by Vietnamese or Thai and economic, land grabbing, corruption are plunged. Think about this! If we all commit to be together stop fighting with Khmer and Khmer, we will win. Let take a look at the recent case of this lady Mu Sochua, as I stated on my previous comment, she is causing too much problems with Samdech Hun Sen. By looking at her photograph, I can’t stand her. This proves that Khmer and Khmer are fighting; the country will not growth. Also in regarding to the Khmer Rouge’s court, I am so sick and tired of it, what are they going to do for Duck if he found guilty? There might be nothing beside put him in jail the rest of his life. Com’ on it’s been nearly thirty years. Remember! Human not all bad, I meant some good some bad, you can’t judge ALL Khmer Rouges are bad even thought Khmer Rouge had a bad reputation since 1975. Also keep in mind that because of Khmer Rouge, we didn’t have any Youn and Thai and other foreigner in Cambodia since 1975 - 1979. I, a former Khmer Rouge soldier cleaned them all and protected the country until 7 January 1979 we defeated and surrendered because the invasion of Vietnam on January 7, 1979. Please forget the past start to look into the future, if you keep fighting, causing; charging against one or another, it’s not going to be any good for the country. I hope you understand my point. Cheer up Friends! Okay! Would you like to talk about good things, History, Movies etc.?
Angkorian Man or Krama Man
i they it's good that opposition people are struggle to make cambodia a better place and so on, however, if they are struggling due to their maverick political ambition, most khmer people don't like that! i think they that reason (political ambition) they should stop struggle for the sake of building peace and develop our beloved country together so democracy and prosperity can be achieve slowly but surely in cambodia to come. i wish they be patient in this endeavor. sometimes, if they expect everything to happen overnight, it is impossible to achieve anything this big overnight. even democracy and civil rights changes took hundreds of years in the USA to achieve, so i hope they understand and begin to see that things are actually better in cambodia than say in the past or even the dark ages. i think they will get their chance to become effective too if they practice patient and change their hasty practice and maverick political way. because really people in cambodia are often questioning like what planet are they from for them not to see the real situation in cambodia. this is cambodia. they must examin the mean of cambodia. cambodia is a different country, with different culture, different traditon, diffferent custom, although politically they need a lot of reforms,etc... but keep in mind too this is cambodia, not america, not thailand, not vietnam, not whatever country out there on the planet. this is a unique country of cambodia with its ancient, rich and colorful history, etc... i wish people like opposition are training and discipline themselves to be patient. that the most important trait anyone can have, is to be patient and learn to think and listen for a change. and why not engage in contructive dialogue as well. after all, why khmer are fight khmer. it is so stupid and uneducated and ignorant to say the least. wake up already, people! don't kill the dog because the thief is stealing, check around the house first because the dogs may have been killing the thief in the tunnel underneath the house but because you don't see it right away in plain sight, you blame it on the dog and kill the dog then realize the dog actually killed the thief hidden in the tunnel. that's the moral of the story here, don't kill the dog, instead start investigating first everywhere around the house first! see my point. be patient, it is a good skill to have in life! even going to school takes patience because you're not going to earn a degree by taking only one class, you have to do it for 4, 6, or even 8 years before your actually earn your college degree. same concept, here! god belss cambodia.
This lady Mu Sochua is a trouble maker, she causing too much problem against Samdech Hun Sen. I wish Samdech would have chased her out and demoted her. She knows she can gets backup from the people who on her side. Mrs. Mu Sochua, please stop fighting, filing complaint against Samdech Hun Sen. I am so sick and tired of you, I would never and ever read your compliant case, however I heard your complaint case months ago and it is useless.
I wish one of you forward my comment to this Lady. Thanks
Angkorian Man or Krama Man
Hey Ankorian Man,
You're saying Mrs. Mu Sochua causing problem. Why don't you ask yourself who is the root cause of the problem? How do you feel if some guy insult your wife? Do you feel that it is okay to just ignore it? if you fight back, does that mean you causing trouble? What about the guy insulting your wife? Isn't he the one causing the problem? The point is that, sometime you got to stand up for what is right, you can't just ignore it and let them step on you all the time. It could also compare to Viet and Thai grabbing land, if we defend and fight back does that mean we cause problem?
I'm proud to have Mrs. Mu standing up for herself and everyone else in Cambodia. Keep it up, lady.
Democratic Kampuchea Pol Pot Khmer Rouge Regime had committed:
Tortures
Executions
Massacres
Atrocities
Crimes Against Humanity
Starvations
Overwork to Death
Slavery
Rapes
Human Abuses
Assault and Battery
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed:
Assassinations
Assassinate Journalists
Assassinate Political Opponents
Murders
Killings
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation on Sokha Helicopter, while Hok Lundy and others military official on board.
Illegally Sold State Properties
Illegally Remove Parliamentary Immunity of Parliament Members
Plunder National Resources
Acid Attacks
Turn Cambodia into a Lawless Country
Oppression
Injustice
Steal Votes
Bring Foreigners from Veitnam to vote in Cambodia for Cambodian People's Party.
Abuse the Court as a tools for CPP to send political opponents and journalists to jail.
Abuse of Power
Abuse the Laws
Abuse the National Election Committee
Abuse the National Assembly
Violate the Laws
Violate the Constitution
Violate the Paris Accords
Impunity
Under Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed all of these crimes above within Hun Sen Khmer Rouge government have ever been brought to justice.
Dear Ex-Khmer Rouge Soldier,
You have a good point there about Khmer should stop fighting Khmer. In the case of Hun Sen Vs. Mu Sochua is not about Khmer fighting Khmer. It is about public official’s conduct and our justice system. In our society, there is a norm of respectability. It is a public expectation (I hope that this standard is still valid in current Cambodia), that although public officials are the servant of the people, they should behave in such way that is honorable and respectable.
Forget about the issue of defamation. No one can defame the prime minister that what he did to himself. The whole world knows Prime Minister Hun Sen’s conducts via his speeches and his actions. All of this is very public.
While many people speculate that the lawsuit will have positive impact on the judicial system in Cambodia, I don’t think so. I am a realist. We do not have a culture of an independent judicial system. Unless, the prime minister drops his case, the prime minister will win. Everyone knows that. This is why it does not make sense for the court to pretend. Just come out and announce the verdict.
The threshold of our expectation is very low. If this case can make the prime minister thinks twice about what he says and be a little more self-conscious about his conduct, this will be a victory for the country and for all of us.
I would feel good and can be proud to have a prime minister who can fit in a norm of respectability.
You also said, “Also keep in mind that because of Khmer Rouge, we didn’t have any Youn and Thai and other foreigner in Cambodia since 1975 - 1979. I, a former Khmer Rouge soldier cleaned them all and protected the country until 7 January 1979 we defeated and surrendered because the invasion of Vietnam on January 7, 1979.”
I am sure you did more than that. It is estimated that 1.7 million Khmer died under the Khmer Rouge regime. That included some of my dearest members of my family.
Taking you advice, I am not going to fight with you knowing that you lost your way joining the communist with the rest of the Khmer Rouge. Letting you deal with your own conscience is tormenting enough.
May peace be with you.
1:54AM
ខ្ញុំសង្ឃឹមថាថ្ងៃក្រោយ មុននឹងលោកនិយាយស្ដី
គួរតែពិចារណាឲ្យបានជ្រៅជ្រះ៕
អរគុណ
There are a lot of idiots in here tried to protect Hun Sen arrogant attitude and insult to Cambodian national such as madame Mu Sochua. I wonder why there are many Cambodian women have to sell their body for living in these days because we have these kind of leadership. I hope these idiots should look at the mirror for themselves what they have learnt these days in Cambodia. Areak Prey
Angorian !
I have been reading your comments but non of them make sense . I wish you use your brain when you make any comment about others .
hey former khmer rouge , how many khmer people did you kill from 1970 to 1979 ? According to what khmer rouge have done , all of them .. included you .. should have been in jail for the rest of your life .
Ex-Khmer Rouge !
You are such an idiot . A lady walked into the court to defend herself against a dictator without a lawyer to represent her and you say .. khmer need to stop fighting each other ? In this case , who is fighting whom ?
Don't try to be a mediator if you don't know the story .
Now Cambodia has only produced more animal than good people who can distinguishe from bad to good. As money is getting more needed, people have lost all their ingrity and have then supported a mafia leader like Hun Sen as a leader. Indeed he is just a criminal only and is a worst criminal too.
CPP youth promoting for change.
Where is Mi Sompoeung Doss Koy - Pimping Pussy University?
Im itchy!!!!!!
From now until August 4th, Mme Mu Sochua has to draw up a clear strategy. No one expect she will win the case, so whether she continue the fight or stop by paying the fine, it depends solely on her strength. On the trial day, she decided not to speak out was a big mistake. There were many observers to support her. It was an ideal opportunity to fight, but she failed to do.
Reaksmey Kampuchea article has express doubt if she can receive her immunity back after she pays the fine, because she need the approval from CPP parliament members to get it back. It is clearly signal her to be careful on the fight.
I think the best way, she should use all legal system until supreme court and try to draw support from everywhere. Just keep her seat in Assembly vacant and wait for next election to get it back.
Being politician, you have to be flexible.
New phally, what happened to your official title?
"New Phally
Secretary of state for Ministry of Interior and Adviser for First Vice President National Assembly"
did your paymaster Nguon Ngel tell you to drop it. Even your corrupted illegal logger paymaster is embarassed by you.
Cambodia Town
Long Beach, Ca
The Court of appeal for the case of Hang Chakra (Machas Srok Publisher) be carefully review your judgement before hammering journalist to jail, otherwise I can put you to retire.
New Phally
Pol Pot Man (A.K.A) Krama K'mao Man,
You are truely an idiot! You have no idea what you're blabbing about. As I stated before.... you need to cleanse your guilty conscience.
On the other subject concerning Ms. Mu; you said that although you were a Khmer Rouge soldier, you didn't kill anyone.
You' ve just contradict yourself with the aforementioned of your post. What do you diagnose with? A memory lapse or a compulsive liar? Don't forget to use your Krama K'mao to do us a favor. Or, simply..... just shut your mouth.
This guy is a Youn wannabe Khmer.
Mme.Mu wanted to show the world Cambodia court systems are lousy ,unjust and weak,dare the verdict will cast out is she doesn't speak up and no lawyer to defend her? The court must provide her a lawyer or public defender or or the verdict will be useless . If Hun sen court dare make decision to defeat the fame of the country go a head and remember no such verdict that said Mu guilty with the defenseless person like Mu.
Before we go in more details about the court, we must understand two things.
1-Insult
2-Defaming.
In Cambodian constitution, all politicians are fully protected to speak for their finding of other to make mistakes. So there is no problem for a politician to speak out at all. All politicians are to be scruitinered by public and will be faced with critic. If they don't accepte critic, they shouldn't involve in politic.
But insult is totally different. It is an immoral activity made by a politician to another politician. They can refer to police or to the court for an apology.
Hun Sen has made an insult to Madame Mu Sochua and was not a defamation. Therefore, the police and the court should look at her case very carefully. The court must allow Madame Mu Sochua to appeal her case to the highest court of the country before accepting a counter-court proceeding from Hun Sen.
THe court must process in a proper way. Areak Prey
Throngs of supporters of unknown opposition leader travel in cavalcade to the cemetery for a final burial.
God be with them!
PPU
I think Hun Sen is guilty of sexual harassment against Mu Sochua.
He will receive the consequences of his sins.
The same way as the former Khmer Rouge, your sins will never forgive you. You have to bear the consequences.
Teu bon ban bon teu bab ban bab soon or later you will receive it.
Listen up Lady Mu Sochou! Would you please leave Cambodia goes to where you were belonging to? You are causing too much problem in Cambodia with Samdach Daychu. If you cannot corporate with Samdech Daychu Hun Sen and staff member within CPP, I would suggest you should leave the country now. I think you probably can speak Vietnamese fluently.
Some guy here in this site he/she stated that I might be ‘Youn Spy’. I am actually not I am a real Khmer, my hometown is in ‘Pdak’ Siem Reap province. I identify myself as Khmer and I use neck name as ‘Angkorian Man’ because I am a Khmer Angkor who was born in Siem Reap where the hometown of our original Khmer King resided during the Angkor period. Also the name ‘Krama Man’ because I wrap Krama at home daily after work, so people named me as ‘Krama Man’. I adore my country, by doing keep Khmer tradition and culture alive. I am proud to be Khmer, I am a Black-Khmer man, I am very attractive guy. Most the people at work know that I was a former Khmer Rouge soldier; they never bother to discuss any memory at the past and concerning the recent Khmer Rouge trail. Am I clear for you guy now?
Angkorian Man
Well, Khmer in Cambodia as well as Khmer in overseas have freedom of speech and freedom in supporting any political party in Cambodia, but SRP and its stupid supporters think otherwise. Any Khmer who support its self name party, they will applause that you are Khmer and a good person, by contrast, if the same person chose to support the CPP, SRP will brand that person that you are not Khmer or whatever they like to accuse. That is the pattern of the thick face group and the loser party.
Khmer Australian
To supporters of
(Cambodian People's Party
Hun Sen Death Squad
Khmer Rouge Regime).
Please do me a favor, don't ever tell anyone that you are Khmer, because you make Khmer peoples look bad.
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