Monday, 3 August 2009
Press Release: Asian Human Rights Commission
Cambodia: The Odds Are Stacked Against A Fair Trial For Opposition Parliamentarian Mu Sochua
Mu Sochua, a Member of Parliament from the opposition Sam Rainsy party, was tried on 24 July 2009. She was charged with defamation against Prime Minister Hun Sen following her announcement of her own defamation lawsuit against the latter in press conference held in April. In Cambodia, defamation is a non-custodial criminal offense punishable by a fine.
She was not able to secure the service of a defense counsel and chose to exercise the right to remain silence throughout the hearing. The verdict is expected to be announced on 4 August. Considering the political control of the judiciary and the intension to terminate her political career, the chances of Mu Sochua getting a fair trial are very remote, however strong her case might be.
Executive control of the court is an established fact and it is known that the court lacks independence. It is evident that it had been used by the powerful against the critics. The government has implicitly acknowledged this shortcoming of the judiciary and has even planned to correct it. For that part, almost all prosecutors and judges are still affiliated to the ruling Cambodian People’s Party (CPP), formerly a communist party whose discipline on members is still as strict as in the communist State.
Following Mu Sochua’s announcement of her lawsuit against Hun Sen, there seems to be a scheme to get at her and terminate her political activities altogether. Based on the strength of his party, Hun Sen said that it would be easy to lift Mu Sochua’s immunity so that she could be tried. While the lifting of this immunity was pending, Hun Sen suggested to the Sam Rainsy party to prepare for the replacement of Mu Sochua in the parliament, an implied threat of the end of her political career but which was immediately dismissed by her party.
As to the actual lifting of her immunity, there was no respect for the principle of natural justice. There was no impartial mechanism to examine the charge and to hear her case.
Considering of the flaw in the justice system and the scheme to end the political activities of the opposition Member of Parliament (fumus percutionis), the Asian Human Rights Commission hold that Mu Sochua is denied her right to a fair trial by independent, competent and impartial tribunals duly established by law, as stipulated under article 14 of International Covenant on Civil and Political Rights to which Cambodia is a party. Therefore, any verdict against MP Mu Sochua will not carry any authority of a court of law.
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
She was not able to secure the service of a defense counsel and chose to exercise the right to remain silence throughout the hearing. The verdict is expected to be announced on 4 August. Considering the political control of the judiciary and the intension to terminate her political career, the chances of Mu Sochua getting a fair trial are very remote, however strong her case might be.
Executive control of the court is an established fact and it is known that the court lacks independence. It is evident that it had been used by the powerful against the critics. The government has implicitly acknowledged this shortcoming of the judiciary and has even planned to correct it. For that part, almost all prosecutors and judges are still affiliated to the ruling Cambodian People’s Party (CPP), formerly a communist party whose discipline on members is still as strict as in the communist State.
Following Mu Sochua’s announcement of her lawsuit against Hun Sen, there seems to be a scheme to get at her and terminate her political activities altogether. Based on the strength of his party, Hun Sen said that it would be easy to lift Mu Sochua’s immunity so that she could be tried. While the lifting of this immunity was pending, Hun Sen suggested to the Sam Rainsy party to prepare for the replacement of Mu Sochua in the parliament, an implied threat of the end of her political career but which was immediately dismissed by her party.
As to the actual lifting of her immunity, there was no respect for the principle of natural justice. There was no impartial mechanism to examine the charge and to hear her case.
Considering of the flaw in the justice system and the scheme to end the political activities of the opposition Member of Parliament (fumus percutionis), the Asian Human Rights Commission hold that Mu Sochua is denied her right to a fair trial by independent, competent and impartial tribunals duly established by law, as stipulated under article 14 of International Covenant on Civil and Political Rights to which Cambodia is a party. Therefore, any verdict against MP Mu Sochua will not carry any authority of a court of law.
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
17 comments:
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
Assassinate Leader of the Free Trade Union
Attempted Assassinations
Murders
Attempted 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.
it probably goes to show the lost cause or unpopularity of the opposition party members. before people see their endeavor as a good cause for cambodia, however, nowadays, people see them different as a lost cause who still continue to struggle for nothing, especially against the more popular party. they oppostion people failed to see the changes in cambodia since the end of the KR regime. they continue to struggle as if the majority of the cambodian people were there enemies or something. for what cause, especially cambodia has come a long way in reforms and improving the country for better already. i think it's no other than their own ineffective political ambition. one's got to wonder out loud! i think if it's up to the opposition party people, we would not see cambodia developed this far like we see today. these people are probably a lot of angry, former elitists people who left cambodia as refugees to seek better life overseas, and now they act as if they own cambodia without regards to the khmer people who lived there from the beginning through better or worst. you have to give cambodia and khmer people credit for what they achieved so far in cambodia! stop your silly struggle to no avail already! i think opposition has met their limit already. they should stop struggle during this time of peace, stability and prosperity. they chose to go overseas, so all they can really do now is to request that cambodian gov't reform, etc, but they can't come to cambodia and create problem just because cambodia is different than where they are living now! think about, people. it's so ironic and unjust for them to do so to cambodia and khmer people who deserve better now after suffering for so long already. god bless cambodia.
Picture says:
You must give me the fairness and not insulting me,Mrs Mu.
You want fairness and respect, go and ask the heaven,replies Hun Sen by pointing finger to the sky.
Joker
hunsen said you DON'T knon Who i m ?haha hahah Huk lon Di is My comrade. Kum Joe Anh Smoss , Hun sen Gangs Thief in Kampuchea.
i ask khmer people in cambodia what the think about opposition trouble making party overseas; they often tell me that they don't trust them and think they are arrogant and elitist in their thinking. they said they wanted to change cambodia, but they seem so ineffective as their political party shown; they also fight amongst themselves and struggle as if cambodia is their enemy! they afraid if the opposition win, cambodia would be hindered in the development as opposition wanted to keep people and country ignorant so they can just rule and take advantage over ignorant people like in the past regime, etc... of course, history shows that pattern! cambodia is in the midst of changes already without these no good political party who are just trouble making for cambodia because they like to make problem for cambodia to no avail. i'm so glad cambodia and khmer people like differently from them. of course, we want cambodia to develop and become better for all. after all we live here in cambodia, unlike those opposition party people who chose to take refuge overseas and make trouble for cambodia from abroad. that is so ironic, to say the least! it's life for cambodia, you know and life does go on for people in cambodia. to quote the old khmer proverb, things may look bad on the surface due to drought, construction, dirt, etc, however, after the rain, all life springs up and forward again and again. so water and air is the key to life in cambodia and anywhere on the planet, not those opposition political party, you know. god bless and protect cambodia forever.
I agree with 2:19. As to this trial, one must understand how the courts in Cambodia function. They follow the Civil Law tradition just a most countries in Europe do. In that system, the most important phase is the examining phase where the Investigating Judge collect statements from the parties, witness and evidence. He/she reaches there conclusion and it is forwarded to the trial judge. The trial judge will, for the most part, follow the conclusion of the Investigating Judge absent compelling new evidence. In this case, she had the opportunity to meet with the Investigating Judge and I have to believe she answered the judges questions. So, it not that she didn't have a fair process under the Civil Law system as is being portrayed in the press.
Everyone is entitle to their own oppinon , but the ppinion of 2:38AM , I don't agree with him even one word of what he said . I went to Cambodai I talked to people in Cambodai about the Opposition Party and they all said, they like the Opposition Party but most of times they are afraid of saying anythin against the CPP because CPP is like Communist People's Party . If you are against them you are their emnemy and they will threaten you . In Cambodia, if there is a free and fair election like they do in the west , CPP won't have a chance against the Opposition Party .
Mu Sochua for president by 2013.
2:19 and 2:38
I think you are the same person posting twice so I want to let you know that the opposition is not as bad as you said.
In a true democracy, they have a role to play; otherwise, there will be no incentive for the government to change for the better.
You realize that when it comes to social justice, Cambodia has still a long way to go. Criticism is good to help keep the government moving in the right direction.
You know full well that in Cambodia there are still a lot of problems and injustice. Even with so much money being injected into the country through aids and loans, Cambodia is not even as close to the 1960s in term of independence and self-sufficiency.
Abuse of power, corruption, injustice, foreign influence, cronyism and total lack of respect for human right continue to be challenges for Cambodia.
So while the government of Prime Minister Hun Sen can take credits for a number of things it has achieved, it still needs to look at other problems not yet resolved satisfactorily; therefore, the presence of the opposition is very good for the country.
You can continue to vote for Prime Minister Hun Sen and there will be others who will vote for the opposition and this is called democracy so get used to it.
Your God was nowhere in Cambodia during the killing field so the only thing Cambodians can count on is themselves and they should!
2:19AM
Put it simple! we don't need to read your complicate script...if Cambodia wants to develop democracy, SRP is the best party for this poor and traumatized country. But if Cambodia wants to develop dictatorship, your description above is right.
So, stop barking of nonsense scripts.
I am still strongly supporting SRP while I read your script. It doesn't decrease my devote, but it increased my devote to SRP.
Your word fits well in Cambodia through the mass media owned by the CPP to daily deceive the less educated Cambodian citizens, but it is not fit in this place. Go back to your biased mass media, not the KI media.
PPU was bornt from animals cross breeding. He was breeded through scientific experimentation from Hanoi lab to support Hun Sen unconditionally.
CPP youth supporting for change
2:19/2:38
FYI, most of us/your parent who choose to depart Cambodia is called "escaped the Killing Field, not abandoning our country as you so put it. I don't expect you to understand what it means to survive due to your ignorance posting.
Cambodia would've been in a vegetarian stage without Khmer-Oversea's to put a lit on PM Huynh Sen.
This is the beauty of democracy. Allowing the oppositions to voice/criticize their opponent.
5:00AM,
LMAO!
What a waste of an embryo.
A Viet feces is propbably the right terms.
Do like I do - don't give a shit about ah PPU. End of story!
Hun Sen is dead.
http://www.youtube.com/watch?v=5Zq7Klf6vtA&feature=related
Hun Sen, do us all a favor. Douse yourself in gasoline and light yourself up with a match.
CPP (COLLECTED PEOPLE PARTY)
PPU (PUMPING PUSSY UNIVERSITY)
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