WEDNESDAY, 14 JULY 2010
JAKE SCHONEKER AND MEAS SOKCHEA
The Phnom Penh Post
A NEW legal analysis has condemned the defamation case against opposition lawmaker Mu Sochua as unfair, calling for a campaign to fix what it calls the “broken Cambodian legal system”.
The analysis, released yesterday by the Cambodian Centre for Human Rights, details the recent court proceedings against the Sam Rainsy Party parliamentarian, who was convicted last year of defaming Prime Minister Hun Sen.
Rupert Abbott, CCHR’s director of development, said her conviction was the direct result of an imbalance of power in Cambodian politics.
“The fact is that the judges involved directly in her case and the authorities in those courts are high-ranking members of the Cambodian People’s Party,” he said.
The defamation charge was first laid against Mu Sochua after she sued Hun Sen for what she called defamatory comments delivered publicly in April 2009.
Her case was thrown out of court on the grounds that the premier did not refer to her by name in his speech. But in August, Phnom Penh Municipal
Court convicted Mu Sochua of defaming Hun Sen and ordered her to pay 16.5 million riels (around US$3,928) in fines and compensation. The Appeal Court and Supreme Court both upheld the decision.
Mu Sochua now faces further court action and possible imprisonment for refusing to pay the court-ordered fines.
The CCHR report released yesterday cites the “intimidation” of Mu Sochua’s lawyer, Kong Sam Onn, who resigned amid allegations of unprofessional behaviour, and a “heavy political bias within the judiciary” as symptoms of a court system that fails to uphold the rights of its citizens.
The analysis states that the court refused to allow Mu Sochua to choose an attorney to replace Kong Sam Onn. Though she was “theoretically able to seek a new lawyer”, it states, “she was effectively prevented from being represented by the lawyer of her choosing.”
Tith Sothea, spokesman for the Council of Ministers’ Press and Quick Reaction Unit, said the court did allow Mu Sochua to have a lawyer, but that she had opted to defend herself. “The process of Mu Sochua’s case was decided legally and by procedure,” he said. “So Mu Sochua should respect and follow the court’s decision.”
For her part, Mu Sochua has repeatedly refused to pay fines levied against her, saying that she would rather go to jail than give in to what she sees as an unjust and biased judiciary.
“We have to stop living in fear,” she said yesterday.
“I am ready to face whatever actions that the courts will take. Whatever it takes, I will face it. But I will not pay the fine.”
The analysis, released yesterday by the Cambodian Centre for Human Rights, details the recent court proceedings against the Sam Rainsy Party parliamentarian, who was convicted last year of defaming Prime Minister Hun Sen.
Rupert Abbott, CCHR’s director of development, said her conviction was the direct result of an imbalance of power in Cambodian politics.
“The fact is that the judges involved directly in her case and the authorities in those courts are high-ranking members of the Cambodian People’s Party,” he said.
The defamation charge was first laid against Mu Sochua after she sued Hun Sen for what she called defamatory comments delivered publicly in April 2009.
Her case was thrown out of court on the grounds that the premier did not refer to her by name in his speech. But in August, Phnom Penh Municipal
Court convicted Mu Sochua of defaming Hun Sen and ordered her to pay 16.5 million riels (around US$3,928) in fines and compensation. The Appeal Court and Supreme Court both upheld the decision.
Mu Sochua now faces further court action and possible imprisonment for refusing to pay the court-ordered fines.
The CCHR report released yesterday cites the “intimidation” of Mu Sochua’s lawyer, Kong Sam Onn, who resigned amid allegations of unprofessional behaviour, and a “heavy political bias within the judiciary” as symptoms of a court system that fails to uphold the rights of its citizens.
The analysis states that the court refused to allow Mu Sochua to choose an attorney to replace Kong Sam Onn. Though she was “theoretically able to seek a new lawyer”, it states, “she was effectively prevented from being represented by the lawyer of her choosing.”
Tith Sothea, spokesman for the Council of Ministers’ Press and Quick Reaction Unit, said the court did allow Mu Sochua to have a lawyer, but that she had opted to defend herself. “The process of Mu Sochua’s case was decided legally and by procedure,” he said. “So Mu Sochua should respect and follow the court’s decision.”
For her part, Mu Sochua has repeatedly refused to pay fines levied against her, saying that she would rather go to jail than give in to what she sees as an unjust and biased judiciary.
“We have to stop living in fear,” she said yesterday.
“I am ready to face whatever actions that the courts will take. Whatever it takes, I will face it. But I will not pay the fine.”
12 comments:
Mu Sochua is a brave woman setting up a good example for every Cambodian who lives in fear to follow.
It is never too late to fight for your right and dignity.
The court system in Cambodia needs serious reform.
Anet Khmer
I am fully supporting for this confirmation that Cambodian court system is completely broken into chaos. Each judge is concerning his own safety and his own stomach and care nothing about social justice.
The two cases of Madame Mu Sochua and Mr Sam Ransy has highlighted how bad Cambodian court system. How ordinary Cambodian can have their justice if even these two prominence politicians cannot even have theirs?
Let alone land grabbings and prperties stealing, even killings becautiful women for their hungry sexual desires were also being ignored by the authority.
This is a real Hell on Earth.
Areak Prey
I just google and notice that Khmer loves to suck cock both guys and girls. Khmer male loves to suck White tourists' cock to earn few bucks, bang their ass will pay the extra. Khmer girls love to marry Korean, Chinese men to practice being raped and gang bang. Ask your mother and wives, they sure love to and contact us at:
www. Khmerwhoreiseverywhere.com
I just google and notice that Khmer loves to suck cock both guys and girls. Khmer male loves to suck White tourists' cock to earn few bucks, bang their ass will pay the extra. Khmer girls love to marry Korean, Chinese men to practice being raped and gang bang. Ask your mother and wives, they sure love to and contact us at:
www. Khmerwhoreiseverywhere.com
I am 100% agree with Areak Prey.
Khmer in Sydney CBD is Hun Sen's cock sucker.
5:53 AM,
Ah Choy Maray!
Eh google man, I banged your mother and sisters over and over. Do you know how I know they are yours, because the way they talked sounded just like you do. And they are all retarded just like you are. If you don’t have anything to do, go fuck yourself, and leave your mother and sisters alone; they are mine.
If you want to respond me, do it in English; I don’t understand khmer. Hell, you are so retarded that you don’t even know how to write English decently. All you know is coping and pasting.
From now on I am your nightmare, if you keep on coping and pasting shit on this website.
from 1975 to 1979 cambodia court system was controlled by khmer rouge"pol pot" with Viet cong behind his back.
from 1979 until now cambodia court system was controlled by khmer rouge 'HUN SEN" whit viet cong be hind his ass.What why the court systen in cambodia are fucked.
រឿងអ្នកស្រីសុខហួរជាបញ្ហាតុលាការខ្មែរជាមួយ
ពលរដ្ធខ្មែរម្នាក់ ដូច្នេះអង្កាផ្សេងៗមិនគួរលូកដៃ
ច្រឿតជ្រែកទេ។
បើតុលាការខ្មែរធ្វើតាមបង្គាប់អង្កាទាំងនេះ តុលាការក៍ត្រូវដោះលែងអ្នកទោសទាំងអស់ ពីគុកដែរ ដើម្បីអោយមានភាពស្មើគ្នា។
ដូច្នេះបើអ្នកស្រីសុខហួរខុសពិត តុលាការត្រូវ
តែអនុវត្តិទៅតាមច្បាប់ជាធរមានដើម្បីអោយមាន
ភាពឯករាជ។
I don't think oily and thick face woman Mu Sochua is brave enough not pay the fine but happy to serve jail time. In 2008, when a coward Sam Rainsy was fine 10 Million Riel by the NEC during national election campaign, he always refused to pay the fine, but when he had run out of option and no where to go, on 26 February 2009, SRP officer brought money to pay off the fine.
As for Mu Sochua's case, she has been used the same tactic like her boss. If she goes to jail, she won't dare to spend the whole jail term, but she might spend a short time in jail to promote her political stunt and then instructs someone as her lawyer to pay the fine.
Disgraced Mu Sochua and Sam Rainsy as well as other SRP supporters, they are brave only in front of microphone or computer but when they face with jail time, they will bow their head to the ground or run away to overseas. Indeed, they are shameless in speaking louder more than they can do because they are thick face group and loser.
Khmer in Sydney CBD
Don't be stupid,
judges are nominated by PM,
PM could remain in power for ever,
how judges could be free in their job ?
It is impossible because they could be removed anytime by PM.
The key of that,
to have independant justice,
Remove the right to be PM for ever,
limit it to 2 mandates for each person,
everything would be OK.
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