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October 28, 2009
Appeal Court Ruling a Mockery of Justice
“[The IPU] observes with deep concern that the decisions such as those in question may have a dampening effect on the ability of members of parliament and, even more so, of citizens to criticize the conduct of government officials and hence may detract from democratic debate…” - Resolution adopted by consensus by the IPU Governing Council at its 185th session (Geneva, 21 October 2009)
We, Members of Parliament of the Sam Rainsy Party strongly denounce the ruling of the Appeal Court today, which upheld the defamation conviction of MP, Mu Sochua. The Court’s decision confirms that there is no rule of law in Cambodia when a person dares to challenge the government.
The Appeal Court, ignoring principles of fair trial, blindly affirmed the decision of the municipal court: the accused was denied her rights to be represented by a lawyer of her choice, and to be judged by an independent and impartial tribunal.
Last week, the Geneva-based Inter-Parliamentary Union (IPU) adopted a resolution on this case, finding that “the threat of disbarment of [Mu Sochua’s] lawyer, which forced him to withdraw from the case, violated her right to counsel of her choice…whatever may have been the reasons for [his] withdrawal….” The IPU further concluded that “it is difficult to accept the argument of the authorities that no link exists between the risk of his being disbarred from the Bar Association and his having taken on Mu Sochua’s defence…”
The lack of reforms of the judiciary in Cambodia and the direct manipulation of the justice system by the executive branch must be condemned and immediate steps must be taken to allow judges and lawyers to exercise their roles and functions according to the rule of law and the principle of independence of judges and lawyers.
We acknowledge and highly value the presence of all local and international human rights organizations during the hearing today, and we call on civil society and the international community to continue their vigilance of the current surge of defamation cases against dissenting voices, and partisan political pressure on the judiciary.
The government must be held accountable to deliver clear results in the reforms of the judiciary and its commitment to democratic principles. Such manipulation of the judiciary to silence critics is a serious attack of people’s rights under the Constitution and international law, and can not be tolerated in a free society.
The full version of the IPU Resolution can be found at http://ki-media.blogspot.com/2009/10/ipu-resolution-regarding-mrs-mu-sochuas.html.
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8 comments:
Althought, it was better than American BRAND,Radio Free Asia, as it violat Cambodia labor of fire employee. Why all SRP'MPs keep silent?
Why SRP'MPs give the chance to Hun Sen? You will lost and lost....
KRAM DATED MARCH 13, 1997
ON THE LABOR LAW
We,
His Majesty Norodom Sihanouk,
King of Cambodia,
* having seen the 1993 Constitution of the Kingdom of Cambodia;
* having seen Kret dated September 24, 1993 on the appointment of the First Prime Minister and the Second Prime Minister of the Royal Government of Cambodia;
* having seen Kret dated November 1, 1993 on the appointment of the Royal Government of Cambodia;
* having seen Kram NS-RKM-0794-002 dated July 20, 1994 on the organization and functioning of the Council of Ministers;
* having seen Kret NS-RKT-1094-083 dated October 24, 1994 on the modification of the composition of the Royal Government of Cambodia;
* having seen Kram NS-RKM-0196-017 dated January 24, 1996 on the creation of the Ministry of Social, Labor and Veterans Affairs;
* upon the proposal of the two Prime Ministers and the Minister of Social, Labor and Veterans Affairs;
promulgate;
the Labor Code adopted by the National Assembly on January 10, 1997 during the 7th Session of the First Legislature, the text of which is as follows:
CHAPTER I
GENERAL PROVISIONS
Section 1
Scope of application
Different Categories of Workers in the Kingdom of Cambodia
Article 1:
This law governs relations between employers and workers resulting from employment contracts to be performed within the territory of the Kingdom of Cambodia, regardless of where the contract was made and what the nationality and residences of the contracted parties are.
This law applies to every enterprise or establishment of industry, mining, commerce, crafts, agriculture, services, land or water transportation, whether public, semi-public or private, non-religious or religious; whether they are of professional education or charitable characteristic as well as the liberal profession of associations or groups of any nature whatsoever.
This law shall also apply to every personnel member who is not governed by the Common Statutes for Civil Servants or by the Diplomatic Statutes as well as officials in the public service who are temporarily appointed.
This law shall not apply to:
a) Judges of the Judiciary.
b) persons appointed to a permanent post in the public service.
c) personnel of the Police, the Army, the Military Police, who are governed by a separate statute.
d) personnel serving in the air and maritime transportation, who are governed by a special legislation. These workers are entitled to apply the provisions on freedom of union under this law.
e) domestics or household servants, unless otherwise expressly specified under this law. These domestics or household servants are entitled to apply the provisions on freedom of union under this law.
....................
CHAPTER XIX
FINAL PROVISIONS
Article 395:
All provisions contrary to this law shall be abrogated.
Article 396:
This law shall be declared as a matter of great urgency.
This law was adopted on January 10, 1997 by the National Assembly of
the Kingdom of Cambodia during the 7th session of its first legislature,
No, Sam Rainsy is the champion to protect the Khmer worker....
They are Hun Sen's Courts and not Cambodian courts. That's why they always rules in favor the ruling party. Court system in Cambodia established just to make Cambodia looks democratic, but in reality Cambodia is a plain dictatorship country as all decisions of the courts are dictated by Hun Sen.
The future looks glimpse for Mr. Sam Rainsy, and the his chance of winning any election is next to zero.
By devoting his entire times and efforts criticizing PM Hun Sen government, Mr. Sam Rainsy has lost sights of his main leadership role - building strong party and develop a geniune political platform. Criticizing CPP does NOT make SRP look better, especially when you overdo it.
Recently PM Hun Sen scores a major point on his foreign policy of supporting Mr. Thaksin. It shows that Mr. Hun Sen has the ability to foresight what's coming and make the best decision for it, an attribute that opposition leaders including Mr. Rainsy have been unable to demonstrate.
The days for the current Thai King are counted, and the odds are with the red-shirts. Several key Thai individuals, including ex-generals, ex-priministers and business leaders, are openly or secretly switches their allegiance to the King and are joining the red-shirts. PM Hun Sen’s public support for Mr. Thaksin is a wise move for Cambodia.
On the contrary, it means that the rule of law won over the pressure of extreme political rhetoric. It's obvious that her statements were defamatory otherwise "truth" would have been a perfect defense and she would have one. My guess is that she had no idea that uttering words against another that is not true is defamation.
Disgrace Mu Sochua’s problem all along, is that she is trying to be a politician. She's not, never has been and quite obviously, never will be. She should have just been herself, provide alternative policies and show Khmer people what a great alternative MP opposition she would be. Instead, her foray into being a politician has been a disaster. She comes across as pretending to be something she's not. Now, her political career is on the line and herself also in the hot water.
While the nation is facing complex economic, social and environmental issues disgrace Mu Sochua tried to promote her political stunt, aimed to get media attention. If this wasn’t such a clear demonstration of her selfish pursuit of personal ambition it would be laughable. There is no doubt that Mu Sochua has no real regard for the best interest of the nation. She is driven solely by a desire to become a “Champion of Women or new Aung San Suu Kyi” by any means available to her, even if that has the potential to destabilize the country. Even worse she is going to appeal her case against Prime Minister Hun Sen to the Supreme Court despite the Appeal Court upheld her conviction as the verdict which has issued by the Phnom Penh municipal Court.
People of integrity admit their faults, make amends and are judged fairly...Disgrace Mu Sochua is lacking in integrity and common sense and tries to change Cambodia into her own world. As long as Cambodia’s Court doesn’t issue any verdict which is fitted for her political stunt, she will scream for the justice all day long.
No matter what she’s crying out to ask the US Congress to intervene with the Cambodian Parliament to re-instate her immunity back, but not much the US Congress can do. Indeed, she unabashedly criticized the Cambodian government and the Cambodian Parliament in front of US Congressmen on 10 September 2009, will put her even worst situation let alone ever get back her immunity.
Khmer Australian
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