CCHR releases a legal analysis on the case of H.E. Mu Sochua and calls for judicial independence in Cambodia

Cambodian Center for Human Rights

PRESS RELEASE
Phnom Penh, 1 June 2009
For immediate release

JUSTICE ON TRIAL
CCHR releases a legal analysis on the case of H.E. Mu Sochua and calls for judicial independence in Cambodia

The Cambodian Center for Human Rights (“CCHR”) today releases a legal analysis of the case of H.E. Mu Sochua. The analysis sets out the facts of the case and the relevant law, outlines how the Prosecution has failed to prove the case of defamation against Mu Sochua, and establishes that she did not receive a fair trial at the Phnom Penh Municipal Court or the Appeal Court of the Kingdom of Cambodia. It raises a number of violations of Mu Sochua’s constitutionally protected human rights, which – pursuant to the Law on the Organisation and Functioning of the Constitutional Council – the Supreme Court should refer to the Constitutional Council for consideration:

• Her right to be tried by an independent and impartial tribunal;
• Her right to equality before the courts;
• Her right to a lawyer of her own choosing;
• Her right to freedom of expression;
• Her right to denounce a public official for a perceived breach of the law; and
• Her right as a woman not to be discriminated against.

In view of the apparent failure of the judiciary to act independently of political pressure in this litigation to date, the CCHR calls on the Supreme Court to uphold the Constitution by deciding the final appeal on the basis of the facts of the case and the relevant law, and with respect to constitutionally protected human rights.

Mu Sochua’s Supreme Court hearing coincides with the Cambodia Development Cooperation Forum, at which the Royal Government of Cambodia will seek aid from foreign donors. As donors pledge hundreds of millions of dollars more to the Kingdom, it is hoped that the Supreme Court will send a signal to the people of Cambodia and the international community that there has been progress in the recognition of fundamental rights and freedoms, and that rule of law can prevail over impunity and political interference. Failure to do so will be a shameful indictment on the judicial system. On Wednesday morning, Justice in Cambodia will be on trial.

The legal analysis is available in Khmer and English on the Cambodian Human Rights portal www.sithi.org and on the CCHR website www.cchrcambodia.org.

For more information, please contact:

Ou Virak, President, Cambodian Center for Human Rights
Tel: +855 12 40 40 51. Email: ouvirak@cchrcambodia.org

Rupert Abbott, Development Director, Cambodian Center for Human Rights
Tel: +855 17 500 778. Email: rupertabbott@cchrcambodia.org