Wednesday, July 14, 2010

Mu Sochua’s Unfair Trial Reflective Of A Broken Cambodian Judicial System

Cambodia Center for Human Rights

PRESS RELEASE
Phnom Penh – 13 July 2010


MU SOCHUA’S UNFAIR TRIAL REFLECTIVE OF A BROKEN CAMBODIAN JUDICIAL SYSTEM

CCHR releases a legal analysis of the fairness of the judicial process resulting in the conviction of Mu Sochua and calls for a campaign for justice in Cambodia The Cambodian Center for Human Rights (“CCHR”) today releases a legal analysis of the fairness of the judicial process that culminated in the Supreme Court of Cambodia rejecting the appeal by opposition parliamentarian and Nobel Peace Prize nominee H.E. Mu Sochua against her conviction for criminal defamation of Cambodian Prime Minister

The analysis finds that the judicial process was unfair, marked by inequality before the law, seeing the intimidation of Mu Sochua’s lawyer that left her without legal representation, and taking place in courts effectively controlled by a party to the case, the Prime Minster and his Cambodian People’s Party. The analysis places the trial of Mu Sochua in the wider context of a non-independent judiciary often used as a tool to intimidate opposition voices, mistrusted by the Cambodian people, and regularly failing in its constitutional duty to protect their fundamental human rights.

Much of the Cambodian judicial system is broken. Without the implementation of true reform to fix it - that addresses the deep problems of political interference, widespread corruption and limited capacity to understand and apply human rights standards - a structural obstacle remains in place that will forever prevent Cambodians from enjoying their constitutional and human rights. CCHR calls for a campaign for judicial reform including using available domestic, regional and international mechanisms to demand a functioning and fair judiciary that protects the fundamental freedoms, land rights and livelihoods of the people of Cambodia.

The legal analysis will be made 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
Email: ouvirak@cchrcambodia.org








10 comments:

Anonymous said...

I don't think oily/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

Anonymous said...

"Khmer in Sydney CBD" is an idiot, he knows nothing about justice, nothing about law, he is in Australia but he learns nothing from the free country, I'm 100% sure that for his entire life he works in a factory..
Poor man, born to be a small dog..

Anonymous said...

The justice system in Cambodia is perfect on the paper but doing is still communist style, under one person and alibi. All that is like in the Khmer Rouge period. One question that we must raise is that why the westeners are still stupid to believe such court? Please not only say but act it on the spot?

To Khmer in Sydney CBD, if you don't nothings about law in the dictator country, please shut your mounth (SIC). Thanks

Khmer farmer

Khmer Ordinary said...

These articles state very clear about how the citizen's trial sould be conducted, and they appear similar to those in America or any developed country in the world, but unfortunately Cambodia is a country ruled by a group of barbarious wild animals who ignore the laws of the land, for they get used to the laws of jungle. I think the legal system in our country might improvr a lot if Khmer, oh sorry, I mean chhke Australia CBD=Cocky Bonehead Dog) goes in and help solve the problem.

Anonymous said...

it is wrong to say that cambodian law is bad here. maybe they just need to cross their t(s) and dot their i(s), in other word, reform, but not broken, ok! i think to deal with cambodia, it is wiser to work with them in order to reform, etc, but you are in trouble if people like mu sochua fight gov't with doing homework first with well planned agenda, etc... wake up people. don't be so hypocritical, ok!

Anonymous said...

Khmer in Sydney CBD...

Name: Unknown
National: Cambodian
Title: spy(der) of CPP
Position: Cabinet board of Destruction
Location: Aussie
Hobby: Cursing/KI media

Anonymous said...

maybe everybody in can use people skill. it seems like people don't know to to deal with each other in a lawful or civilized way. they have good ideas, but they don't have the skill or the tactic to deal with each other. maybe they all need to learn the human psychology or how to do public speaking and how to get along with other people in general, etc... it is a skill too, you know. don't assume you know everything by birth because that is so ignorant, really!

Anonymous said...

aH KWACH HUN XEN CHOYMARAY SHOULD STOP ABUSSING LAWS!!!!

ignorant savant boy said...

3:31AM
I don't like your enemy whom you replied to, but you are so low even below your enemy's buttock.
Do you have to dive and put your head into dirty mud to make your case?

Anonymous said...

Democratic Kampuchea Pol Pot Khmer Rouge Regime

Members:
Pol Pot
Nuon Chea
Ieng Sary
Ta Mok
Khieu Samphan
Son Sen
Ieng Thearith
Kaing Kek Iev
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...

Committed:
Tortures
Brutality
Executions
Massacres
Mass Murder
Genocide
Atrocities
Crimes Against Humanity
Starvations
Slavery
Force Labour
Overwork to Death
Human Abuses
Persecution
Unlawful Detention


Cambodian People's Party Hun Sen Khmer Rouge Regime

Members:
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...

Committed:
Attempted Murders
Attempted Murder on Chea Vichea
Attempted Assassinations
Attempted Assassination on Sam Rainsy
Assassinations
Assassinated Journalists
Assassinated Political Opponents
Assassinated Leaders of the Free Trade Union
Assassinated over 80 members of Sam Rainsy Party.

Sam Rainsy LIC 31 October 2009 - Cairo, Egypt
"As of today, over eighty members of my party have been assassinated. Countless others have been injured, arrested, jailed, or forced to go into hiding or into exile."
  
Executions
Executed over 100 members of FUNCINPEC Party
Murders
Murdered 3 Leaders of the Free Trade Union 
Murdered Chea Vichea
Murdered Ros Sovannareth
Murdered Hy Vuthy
Murdered 10 Journalists
Murdered Khim Sambo
Murdered Khim Sambo's son 
Murdered members of Sam Rainsy Party.
Murdered activists of Sam Rainsy Party
Murdered Innocent Men
Murdered Innocent Women
Murdered Innocent Children
Killed Innocent Khmer Peoples.
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Brutalities
Police Brutality Against Monks
Police Brutality Against Evictees
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Abuses
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Embezzlement
Treason
Border Encroachment, allow Vietnam to encroaching into Cambodia.
Signed away our territories to Vietnam; Koh Tral, almost half of our ocean territory oil field and others.  
Illegal Arrest
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation

Illegally use of remote detonate bomb on Sokha Helicopter, while Hok Lundy and other military officials were on board.

Lightning strike many airplanes, but did not fall from the sky.  Lightning strike out side of airplane and discharge electricity to ground. 
Source:  Lightning, Discovery Channel

Illegally Sold State Properties
Illegally Removed Parliamentary Immunity of Parliament Members
Plunder National Resources
Acid Attacks
Turn Cambodia into a Lawless Country.
Oppression
Injustice
Steal Votes
Bring Foreigners from Vietnam to vote in Cambodia for Cambodian People's Party.
Use Dead people's names to vote for Cambodian People's Party.
Disqualified potential Sam Rainsy Party's voters. 
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
Persecution
Unlawful Detention
Death in custody.

Under the Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed crimes against journalists, political opponents, leaders of the Free Trade Union, innocent men, women and children have ever been brought to justice.