IPU's confidential decision in opposition leader Sam Rainsy's case

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Considering that Mr. Rainsy’s conviction on charges of destruction of property and incitement to racial hatred may effectively bar him from standing in the 2013 elections since, according to Article 34(2) of the Law on the Election of Members of the National Assembly, persons who are sentenced to imprisonment for a felony or misdemeanour by the courts and who have not been rehabilitated are not eligible to stand as candidates for election to the National Assembly,

1. Observes that the case of Mr. Rainsy must be seen in the context of recent cases brought against members of the opposition and the consequences they have not only on the ability of opposition members to exercise their parliamentary mandate to the full, in particular their right to freedom of speech, but also on their ability to stand in the forthcoming elections;
2. Reaffirms that issues such as this belong in the political sphere and should be dealt with and resolved there; fears that by bringing such cases before the courts, the judiciary may be exploited for political purposes, and therefore deplores that the matter was brought before a court;
3. Reaffirms that the judicial action against Mr. Rainsy bears no relationship to the alleged offence and is alarmed that, if maintained, it will have consequences far beyond the present case;
4. Calls once again on the authorities to resolve the issues at hand through political dialogue and to make it possible for Mr. Rainsy to resume his parliamentary activities as quickly as possible;
5. Recalls its grave concerns at the way in which the National Assembly lifts immunity and reiterates its wish to ascertain why it resorts to such a procedure, which can only cast doubt on its independence of the Government;
6. Requests the Secretary General to convey this decision to the parliamentary authorities and to the sources; requests him also to inform donor countries of its concerns in this case;
7. Decides to continue examining this case at its next session, to be held during the 123rd IPU Assembly (October 2010).