By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
15 October 2009
"Critics warn that the courts nationwide are being used as a tool to clamp down on dissent"The Appeals Court on Wednesday upheld a lower court's decision to throw out a defamation lawsuit by opposition lawmaker Mu Sochua against the premier.
Mu Sochua, who has been fined $4,500 in a countersuit by Prime Minister Hun Sen, alleges that the premier made disparaging remarks about her in a public speech in April. The Phnom Penh Municipal Court threw out the case, and Mu Sochua appealed.
The decision showed "clearly" that "there is no balance of justice in Cambodia," Mu Sochua said Wednesday. "Equality before the law is only in theory. The loss of neutrality and independence of judges is a serious danger for the country."
Mu Sochua said she had no plan to pursue an appeal at the Supreme Court.
Hun Sen lawyer Ky Tech called the decision "fair."
"This decision was not surprising," said Pung Chiv Kek, president of the rights group Licadho.
Cambodia's courts have come under increased criticism since Mu Sochua had her parliamentary revoked, along with another opposition lawmaker, in April, and with the jailing of an opposition journalist and threats of a lawsuit against another.
Critics warn that the courts nationwide are being used as a tool to clamp down on dissent.
28 comments:
Would you anything out then this story. Shame of khmer people to see this problem all the time. They not really think or care khmer people, only fighting for their own power.
I always support Mrs. Mu Sokhou but please look around both of you and how many khmer people now are suffering by have no food, not Freedom.
Hun Sen has ruled Cambodia under a pyramid system in which all his downline levels should be appointed by him and paid him and must robbed moneys for him. After that all his dowmlines can appoint the further down lines at the same principle until all the grassroot levels in all over the country. For commercial world, Hun Sen did the same. Hun Sen has still maintained central decision for giving right and license for all business people to run their business. Only closed ally to Hun Sen can succeeed in business. Others will be killed or would have disappeared or bankrupted.
Cambodia is moving into a slavery society where all Cambodian origine will be slaves and will prostitudes and only Vietnameses and other foreigners would be the bosses of all Slaves.
How can we have anymore hope when we hear that every Cambodian academic returning Back to Cambodia has to join Hun sen to make moneys. Even RFA staffs have also belong to Hun Sen watch groups.
I really applaud to Madame Mu Sochua for her determination to stand up with her strong belief to reverse Cambodia present situation to rescue Cambodian from slavery.
Areak Prey
I agree with you, Madame Musochua is the khmer women stand up for their own Right, but please we all know Hun regime is not differnece from KR regime that why we all need joint in one party.
If we all work as a team, no one can stop us. Do not loose your hope and we all know Hun regime never control our country for ever, but except all of us together and fight for our people and the Nation. Khmer people will be see the truth of Hun Sem regime but most all khmer people in Cambodia still afraid of Hun government, so that why we need to gardering in one group. I'm a khmer women have been though like all of you too.
Khmer Canadian
Without freedom, how can you get foods. Cambodia are crying to have freedom to foods as all their lands and their belonging wee burned dowm by Ly Yong Phat.
We need freedom first. No freedom, it mean no foods ( lonterm food on the table). We don't need one pack of food for one in the 5 years time OK Mr 2:54AM.
We must have freedom first then foods will come. Without freedom, we cannot have foods at all.
CPP youth
You are right, that why we need to work as a team. 3 partys jiont in one it is enough to bring back our freedom.
I hope all the 3 party understand and do not fighting for the power. We all have the power if we protect people and the Nation.
We need to convince King Sihanouk to kill Hun Sen. Dear King, in order to redeem yourself in the eyes of Khmer people, you must
1) Testify at KR Tribunal
2) Hide a bomb inside your clothes and wait for PM Hun Sen to come to pay respect
3) Then Kone-Chauv Kone-Chauv, BOOM
My Dear King, you will be remembered as a Khmer HERO who made the ultimate sacrifice to save the Khmer Nation from viet domination.
May Buddha have mercy on your tormented soul.
This the last dream for King Sihanouk will be doing that. He still have other king son so it's not happen don't you think.
All of us need to bring freedom to our country not King father, he is useless.
Oh! You never know. King Sihanouk loves flattery and if somebody can write a nice poem in his Honour, he might accept to do what 4:08 AM has suggested.
I hope so!.
She can't defend even herself! She knew that.
What does she want?~She want to prove that even herself can't defend herself from the corrupted court.
Is there anyone else do not know about this fact?~no one.
So what's the worth of proving that?~Her popularity!
The same with their inteventions in land-grabbing cases; demonstration..etc. They only think about their popularity by showing that they are the victims as the ordinary people.
If they can't even help themselves, why should I believe that they can help the rest of ordinary people?
Ultimately, opposition party is busy with their own benefit and popularity.
It's understandable that minicipal court throw out Mu Sochua's case. There is no concrete evidence that PM Hun Sen's speech of her.
There was incident in my work place caused racial comment and person had blattenly scream to other person to meet him outside. In other person mind immediately took it as that the other was threaten to beat him up outside. Anyway, it was thronw out of civil service abritration because word to meet outside is common use as meeting with two persons or more to discuss problems or have fun. There no such word can be translate as beating up.
Conclusion of justice:
PM Hun Sen said "a woman jeung klaing". He did not use exact name. Court can not accept the word woman as Mu Sochua.
The word "meet me outside" is not translate to "I'll beat you up" per civil service commissioners.
It's suck, isn't it?
Jeffrey Serey
California
Hey! 7:42 AM
Even a 10 years old kid in Srok Khmer understands whom PM Hun Sen was referring to.
Everybody know, but no evident to prove that they know.
Just like most of people suffered from the Khmer Rough Regim, but not all of them can prof to ECCC that they were.
Am I right, Jeffrey Serey?
Hello Jeffret Serey,
Regardless of what and whom filing the lawsuite, the court must act accordingly.
Let me tell you the correct action which the municipal court should do.
1-Plaintiff Mu Sochua has sue Hun Sen. The court should send that signed affidavit from Mu Sochua to Hun Sen. Hun Sen must reply to the court. The court has to set up a hearing day.
2-For a small claim. Mu Sochua has claim from Hun Sen only US$.50. Therefore, this court case was not needed to have lawyer to represent both parties. We call small claim. The court should organise a meditator to talk to them and to help them happy to each other. Both of them need to be preseted at the hearing.
I think offcourse for US$0,50, hun sen will pay for Mu Sochua in front of Meditator and would say sorry to Mu Sochua and everything would be alright. But what Hun Sen and the court has done?
-Reject the complain and accepte the counter-court proceeding which is totally wrong and illegal.
Who was wrong?
First it was Hun Sen who was wrong and second the court was wrong.
They should be jailed for ever for abusing power and obstruction to justice.
Areak Prey
People with knowledge like Areak Prey should be in Cambodia not NZ. But may be he's afraid of Areak Srok. :D!
Let me tell you something to the above people. Imagine if Hun Sen goes to trial and found guilty, what do you think people would do or reach to this situation? Don't you think that Hun Sen will then be scrutinised by its own nation as e.g. an "uneducated person" etc? Plus being a leader, there is no room for mistakes but if he/she makes mistakes then the only thing they need to do is to forget about it, move on and making sure it won't happen again, that is it. Otherwise it will be shameful to admit the truth.
If found guilty PM Hun Sen will have to pay U$0,50(+ accrued interests) damage claim to Mrs. Muo Sochua. Case closed
According the reality and Areak Prey comment Mr.Hun Sen is plain wrong and abused his power,do most Cambodian ppl in Cambodia know it? Yes few of them ,why the bias media ,pro Hun's news papers so it sad and no shame as long as he win it doesn't matter it came from cheat,steal,kill or lying.
Hardly seeing most countries practices that kind of systems.
Everyone can make mistake not only Hun Sen. Only those who have made mistake and had never admitted that were the cause of all destruction. What is wrong to accepte mistake and make apology.
I made many mistakes to my wife and my children and I have said sorry to them many times. Many New Zealand fomer Prime Ministers have offered apology to his citizen mant times. Only those who dare to say apology is a wiseman.
Areak Prey
Areak Prey,
I am glad to see you wrote that "Only those who have made mistake and had never admitted that were the cause of all destruction. What is wrong to accepte mistake and make apology". So far, did you ever apology for your mistake here in KI??
Now, I want to remind you that when debate about the 22 Cambodian military officers took legal action against MP Ho Vann, you have made a dodgy remark that "What MP Ho Vann said about the quality of degrees which those Military officers received from Vietnam, have not caused them losing their job, How Cambodia's Court can charge MP Ho Vann for defamation?". As your dodgy knowledge about defamation law, you stated that "Plaintiff has right to sue the defendant for defamation only the defendant's remark has caused the Plaintiff losing her/his job" When I replied to you about this issue, you knew that your dodgy remark is wrong but you don't "Apology" for your mistake but at that time, you tried to say something which was irrelevant to the topic, aim to justify your action. What ashamed!
As I am aware there are many Laws Schools in NZ. Please go to study and get a law degree first before you come here and lecture other people about laws or politics. Your comments so far in KI, it indicated that you just learned about law or politics throughout media..."the knowledge without teacher or knowledge without degree".
Khmer in Phnom Penh
Judges in Cambodia are eating ah kwack hun sen shit and his pee to survive....!
Areak Prey, please response.
To poster 1:36PM,
First do you know what is a politician? A politician is a person who want to advocate for change to develop to the way they believe in. As a politician elected by National General Election has a full protection from constitution to all their expression and their activities during their term in the office ( Please read Cambodian Constitution ). Therefore Ho vann has his full freedom to say that that Vietnam degree was not up to the standard ( it is up to Mr Ho Vann belief ). Noone can stop him to say his belief at all. But for those 20 military leaders who are public servants and to sue Mr Ho Vann was very absurd. In democratic system all public servant should be neutral and stay away from politic. As we all knew that recently CPP has tried to shut out opposition and these 20 military leaders have joined CPP to suppress opposition, don't you think that was very wrong? Ho vann is only a member of parliamnt. His expression not only fail to convince all CPP but even he is not too sure to have support by his own party. You must understand that not only ruling party which representing Cambodia. All political parties in parliament are representing Cambodia too. I am not belonging to any party in Cambodian politic at all because I have my own party in my country and I knew all parliamentary law very well. I dso not need to be a lawyer. I have beein involved in politic for more than 10 years in local level and national level.
I have no problem to say apology to anyone at all if my expression has hurt anyone. We are all human being and our lives only allow us to live from the most is 100 years old. I hope everyone can live to their full lives. That is why I have always oppose to all kind of thread, intimidation and suppression. We should live freely and share our contributions to our society where we belong to. As a citizen of Nation, we must loyal to our Nation and to our people.
Areak Prey
ម្នាលហ៊ុនសំណែន (បទកាកគតិ)
ម្នាលហ៊ុនសែនអើយ ប៉ុន្មានឆ្នាំហើយ អ្នកកាន់អំណាច
មិនបានជួយអ្វី ខ្លួនកាន់តែកាច ខ្លាំងជាងបីសាច
ភ្នំវល្លិទៅទៀត។
ម្នាលកាន់តែចាស់ គួររកអ្នកផ្លាស់ ហើយប្រាសខំឆ្លៀត
រកធម៌រកអាថ៌ បំភ្លេចវិវាទ សាងខ្លួនម្តងទៀត
ពុំទាន់យឺតឡើយ ។
ខំសាងកុសល បំបាត់កង្វល់ ទើបចិត្តបានស្បើយ
ខំធ្វើបុណ្យទាន ជាស្ពានរកត្រើយ ជួបសុខរៀងអើយ
នៅជាតិខាងមុខ ។
មុននេះសាងបាប សាងច្រើនសន្ធាប់ ប្រមូលវេចទុក
ត្រូវយកសងគេ នៅពេលខាងមុខ ទើបរួចផុតទុក្ខ
ជួបសុខជាក្រោយ ។
អាយុសង្ខៃ មិនអាចតថ្លៃ ម្នាលកុំបណ្តោយ
ពេលកន្លងផុត ពិបាកដង្ហោយ ឲ្យវិលមកក្រោយ
ក្នុងចិត្តប្រេះឆា ។
ស្តាយបាបបានធ្វើ សីលមិនអើពើ ពឹងលើវាសនា
ខ្លួនចាស់ទ្រុតទ្រោម រូបឆោមជរា មច្ចុរាជទាមទារ
រាំងរាមិនបាន ។
ពេលនោះទើបភ្ញាក់ រកទីពុំនាក់ ដូចហាក់ស្រេកឃ្លាន
យល់ដឹងខុសត្រូវ ជម្រៅសីលទាន យកទៅមិនបាន
ប្រឹងរកឲ្យគេ ។
រកសុទ្ធផ្លូវខុស លួចជាតិស្រស់ៗ គ្មានសោះទ្រព្យកេរ្តិ៍
ប្លន់ទាំងអំណាច កំទេចអ្នកស្នេហ៍ បាបរិតឡើងទ្វេ
សងពុំរួចឡើយ ។
២៥មករា ២០០០
ស.យ.មករា
Areak Prey,
Your response to Khmer in Phnom Penh is not related to the topic at all. You have tried to describe something else to cover up your low knowledge in politics and laws. Despite you live in NZ but your knowledge can't even match Khmer in Phnom Penh. You have led Khmer in NZ down very badly.
Khmer in Sydney
Dear Poster 1:17PM
Please come and debate at www.Cambodian.org.nz
To see where I have let khmer in NZ down.
Areak Prey
Areak Prey,
In the court of law of any country, you may proof wrong to accuse person in order to proof you right.
The key word in this case "Woman". You can be a good lawyer but if you just bring the word "woman" to replace "Mu Sochua" to any court of law I bet you will lose for sure. It does not matter millons witnesses to word "woman".
You quote as quote "As a citizen of Nation, we must loyal to our Nation and to our people". Are you?
I am a simple person.
Jeffrey Serey,
California
Dear Jeffrey Serey,
Before the court making any decision to prove that Madame Mu Sochua was not the woman mentioned by Hun Sen, the court should do their job accordingly. They cannot reject a complain from a citizen toward another citizen at all. The court must treat Hun Sen and Mu Sochua as equally Cambodian citizen. They shouldn't treat Hun sen as Prime Minister and Mu Sochua as a trouble maker at all.
I am here not to support neither Mu Sochua nor Hun Sen. I have no interest to have their favour to me at all. As a Citizen of the world, I am only interest with social justice and the procedure of the court to provide justice to their citizen. If you keen in debating with me, please join us at www.Cambodian.org.nz
Areak Prey
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