Non-independence of the Cambodian judicial system & Parliamentary Member Mu Sochua’s case

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Dr. Sakhonn CHAK

COMMUNIQUE

Non-independence of the Cambodian judicial system & Parliamentary Member Mu Sochua’s case

(Paris, July 14, 2010)

The majority of Cambodians as well as national and international observers, especially the UN Member States, authors of the 91 recommendations for Cambodia UPR (Universal Periodic Review) held at the Human Rights Council in Geneva on March 17, 2010 have expressed disappointment and regrets at the ruling of the Cambodian Court to prepare for a verdict to have Mrs. Mu Sochua imprisoned at Prey Sar State Prison. The 91 recommendations are for Cambodia to implement in order to improve the situation on the respect of human rights in the country.

On that day, March 17, 2010, in front of the Human Rights Council in Geneva, Cambodia solemnly declared to accept all the 91 recommendations unreservedly. Therefore, Cambodia is bound according to recommendations 5, 6 and 41 to “reform the judicial system to ensure independence and justice”.

On June 17, 2010, UN Special Rapporteur on the situation of human rights in Cambodia, Surya Prasad Subedi, at the end of his ten-day fact-finding mission on the functioning of the judiciary, had also criticized the Cambodian judicial system. He raised specific concerns relating to the judiciary’s role in protecting freedom of expression, and the narrowing of political space for critical debate in society, “due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents.”

If the Cambodian Court will issue the verdict to take Mrs. Mu Sochua to the prison, this will be an enormous proof to the world that Cambodia is not a country that respect human rights, and it seriously violates the agreements which the government signed with the international community especially with the United Nations (UN), such as the recent pledge made on March 17, 2010 to commit itself to reform and improve the country’s judicial system to ensure its “independence, impartiality and fairness” in the respect of human rights of its citizen.

On the contrary, the human rights of the Cambodian people have been violated in all aspects, not just the innocent Khmer people, the poor and the marginalized are victimized, but the high-ranking legislative parliamentary members also were abused such as the case of opponent party members, Sam Rainsy and Mu Sochua.

Khmer M’Chas Srok (KMS) sincerely admires and praises both PM (Parliament Member) of the opposition Party for their courage, especially Mrs. Mu Sochua who has bravely brought the case against the Cambodian Prime Minister to a court which she is fully aware that it is nothing but political tool and lone possession of the ruling Cambodian People Party (CPP). The main purpose is to reveal the face and to show the world, the absolute power of the current Cambodian government as well as to press for reform of the Cambodian judicial system for its independence which is necessary to ensure justice for Cambodia society.

We would like to remind that the acknowledgement and the promise made by the Cambodian Representative in his intervention “to ensure the reform of the judicial system to be absolutely independent” was duly noted by the international community, and all activities of the Cambodia government pertaining to this matter will be closely monitored and recorded.

Khmer M’Chas Srok (KMS) realized that the imprisonment of Mrs. Mu Sochua, PM Kampot province, in the next day, is a political suicide of the Cambodian government and the CPP (Cambodia People Party) because the government will be summoned to provide clarification about the reason of its non-respect (non-compliance) with the promise it made in the declaration to the United Nations in Geneva on March 17, 2010.

Khmer M’Chas Srok (KMS) continues to monitor and opposes all activities which violate the rights and freedom of the Khmer People and will resolutely fight for their end.

Paris, July 14, 2010

President of Khmer M’Chas Srok (KMS)
Dr. Sakhonn CHAK