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| SRP lawmaker Mu Sochua (left) speaks during a press conference in Phnom Penh in January. (Photo by: Sovan Philong) |
Meas Sokchea
The Phnom Penh Post
Outspoken opposition lawmaker Mu Sochua could remain without her parliamentary immunity for up to five years, according to a leaked letter from the Ministry of Justice, drawing criticisms from legal experts who say her immunity should have been restored already.
In a January 28 letter to the National Assembly, Long Phol, a secretary of state at the Ministry of Justice, stated that Mu Sochua could have her immunity restored in two ways.
She can either lodge a request with the Appeal Court a year after her punishment is completed, or wait for the immunity to be restored automatically, five years after the completion of her punishment.
“The restoration of lawmaker Mu Sochua’s immunity depends on the consideration of the parliament conforming to the consciousness of the law on lawmaker’s conditions, parliament’s internal order and the penal procedure code,” read the letter, a copy of which was obtained yesterday by The Post.
Mu Sochua’s immunity was suspended in 2009 to allow her prosecution in a defamation case brought by Prime Minister Hun Sen.
Her highly publicised legal battle with the premier started in April of that year, when she filed a defamation suit against him in relation to comments he allegedly made about her during a speech in Kampot province.
The premier countersued and the court ruled against her, ordering her to pay 16.5 million riels (US$4,084) in fines and compensation.
Though Mu Sochua refused to pay – saying she was willing to go to jail if necessary – the court issued an order authorising the docking of her salary for four months.
The entire amount was eventually paid off by this method in November.
When contacted today, Mu Sochua said that she did not understand the contents of the letter, a copy of which she received from the National Assembly.
“I looked at the law and I let legal experts look at, and they do not know how to explain it,” she said.
“The court convicted like this, unjustly like this, and the law is vague like this, I don’t know what more to do.”
Sok Sam Oeun, executive director of the Cambodian Defenders Project, said that there was no legal reason for Mu Sochua to wait for the restoration of her immunity since she had paid her fines in full.
“If punishment was completed, restore her immunity,” Sok Sam Oeun said.
Sok Sam Oeun drew a comparison with somebody jailed for five years for a crime.
He said that person would not need to request release, since they would be released automatically at the completion of their term.
“I don’t know, I don’t understand,” he added.
Hang Chhaya, executive director of the Khmer Institute for Democracy, agreed that if the court has docked her salary already, her immunity must be restored immediately.
“There has never been anyone whose immunity has been lifted and delayed one year or five years,” he said.
Cheam Yeap, a senior lawmaker for the Cambodian People’s Party, said Mu Sochua’s case was minor and that her immunity would be restored in November 2011, a year after the completion of her punishment. He added that the delay was in conformity with the law.
16 comments:
សេចក្តីសម្ភាស សុយ សុភាព នឹង សម្តច ស៊ីជោ
សុភាព=សម្តេច ចាប់ពីពេលដែលគេបានបិទ ខេអាយមក ខ្ញុំត្រេកអរណាស់ តើនោះវាយ៉ាងណា?
ស៊ីជោ=អើ កូនចៅអាញ់ វាចង់ការពារអាញ់ហ្នឹងណា ជាពិសែសគឺកូនចៅរបស់ចៅហ្វាយអាញ់ដែលជាម្ចាស់ អាំងទើណិតនោះឯង តែអាញ់អត់បានបញ្ជាទេ ឯងឃើញ
ទេគេជួយបិទបាំងអាញ់គ្រប់ជ្រុង។
សុភាព=បាទសម្តេច បើសម្តេចបិទ ខេអាយចោល
យ៉ាងនេះច្បាស់ជាគ្មាននាក់ណាដឹងរឿងដែលត្រឹមត្រូវល្អៗ
ទៀតទេក្នុងស្រុកយើង ព្រោះ កូនចៃខេអាយនេះ វាធ្វើឱ្យសម្តេចឱ្យដេកមិនលក់មែន ហើយវាមិនដែលលើកពីរឿងការរីកចម្រើនមកនិយាយម្តងណាឡើយ មានទេ សម្តេចអាជោ?
ស៊ីជោ=អើ ស្រុកយើងរីកចម្រើនមែនគឺដោយ គេជួយធ្វើផ្លូវខ្វាត់ខ្វែង គេជួយធ្វើស្ពានរាប់មិនអស់ ហើយកុំអីស្ពាននាក់លឿងគេធ្វើរួចតាំងពីយូរមក ម្លេះ តែដោយវាមិនព្រមឱ្យថ្លៃទឹកតែមកអាញ់ បានជាអាញ់មិនព្រមចុះហត្ថលេខាឱ្យធ្វើ តែវាមានគេចរួចឯណាឃើញទេ តើវាចង់ធ្វើវាត្រូវតែអញ្ចឹង។
សុភាព=អូអញ្ចឹងទេ សម្តេច មុនគេជួយក៏សាងអ្វីមួយ
ទាល់តែបង់កុម្មីស្សុង ទើបសម្តេចអនុញ្ញាតិឱ្យធ្វើ មែនឬ?
ស៊ីជោ=អើ គឺហៅថាតាក់ឮ ហ្វី ណា បានគេព្រមឱ្យ
ហើយឯងឃើញទេដូចជាសាលារៀនជាង ២០០០ ពាន់ខ្នង សឹងតែឈ្មោះ ហុន សែននឹង ប៊ុន រ៉ានី ទាំងអស់ គឺអាញ់ដាក់ឈ្មោះច្រើនជាងសម្តេចឪរាប់សឹបដងទៅទៀត តែពួកប្រឆាំងមើលមិនឃើញទេ អាញ់ខ្វាក់ម្ខាងមើល
ឃើញយ៉ាងច្បាស់ តែពួកវាអត់ខ្វាក់បែរជាមើល
មិនឃើញ អាជោអាញ់វាហួសចិត្ត។
សុភាព=បាទសម្តេច សាលាទាំងអស់គ្រាន់តែ សម្តេច ជោចង្អុលទៅឧកញ៉ាអស់នោះគេធ្វើឱ្យភ្លាម
ហើយដាក់ឈ្មោះសម្តេចទៀតផង បើសម្តេចជោចង្អុលម្តងទៀតប្រហែលឡើងជាង
៤០០០ហើយ នោះពិតជាកូនយួនដែលមកថ្មីៗ មិនអត់សាលារៀនទេណាសម្តេចជោ។ ចុះសម្តេចខ្ញុំឃើញគេចាប់តែមេពូលីសខាងស ខេង អញ្ចឹង?
ស៊ីជោ=អើពួកហ្នឹងសុទ្ធតែប្រព្រឹត្តអំពើពុករលួយ វាខុស
ច្បាប់ បំពានរំលោភ គៃប្រវ៉ាញ់ យកមានតែឯង មើលយើងចុះ ធ្វើជាស្តេចតេចោ ២៦ឆ្នាំហើយ គ្មានអ្វីទេ
មានតែកូនផ្ទះតូចពីរទេ គឺមួយនៅក្បែរវិមានឯករាជ្យ នឹងមួយទៀតនៅទួលក្រសាំងប៉ុណ្ណោះ ចំណែកប្រាក់នៅ អេ ស៊ី លី ដា មិនមែនរបស់ខ្ញុំទាំងអស់ទេ គឺសុខអាន នឹងខ្ញុំចូលគ្នា តែមិនតិចជាង សាដាំហ៊ូសេន ឯណា ។
សុភាព=បានជាខ្ញុំហៅសម្តេចតេចោ ព្រោះបងប្អូនដឹងហើយ តើគាត់មានរាបប៊ីលល្យុងមកពីអ្វី
ឯចំពោះស៊ីជោ មកពីស្តេចជោស៊ីហនុ គាត់ហៅ ហុន សែន ថា អាជោហុន សែន រួចគាត់ហៅត្រង់ទៅវាមិនកើត
ខ្លាចអាជោវាខឹង រួចគាត់ដាក់ថាដែកជោហុន សែនទៅ
ហុន សែនមិនដឹងក៏ជោសប្បាយរហូតមក ព្រោះបងប្អូន
ឃើញស្រាប់ អាជោចង់ឱ្យគេអួតសរសើររហូត បើបទ
ចម្រៀងសុំខ្មាស់ សុទ្ធតែឈ្មោះគាត់ ប្រពន្ធគាត់ ឥឡូវដល់
កូនគាត់ទៀត មេទាហាននៅជួរមុខគ្មានមួយទេ គឺ ០ តែ
ហុន ម៉ានេត ទើបឡើងសោះបាន ជានាក់ពូខ្លាំងពូកែ
កុំខឹងណា ស្រីឍឹក ដារា នឹងនាក់តសូការពារទឹកដីនៅជួរ
មុខទាំងអស់ ហូបមីទៅ ព្រោះឩកញ៉ាទិញមីយកទៅវាមើលឃើញច្រើនហើយវា
អស់ប្រាក់តិច ។តស៊ូទៅគង់តែបានល្បីទេ តែដល់ស្លាប់
គេអត់បានប្រាប់ឱ្យគេដឹងផង តែគេច្បាស់ណាស់ចំនួនខាងសៀមស្លាប់ ប្រហែល
ហុន ម៉ានេត នាក់រាប់ហើយ។
The CPP is modern day khmer rouge.
I appeal to Mr Sam ransy to transfer his leadership in SRP to Madam Mu Sochua to lead for this up coming election. But after the leadership transfer, I prefer Madame Mu to lead a people power to stand up with evils in Cambodia.
These evils will fall with woman and they will be destroyed like Tunisia, Egypt and Libia.
Only at this moment at people power can remove all evils. These people are not worthed to call human being at all. Cambodian are suffering enough and enough is enough. Cambodian police and military should learn from these recent countries for their patriotist and their care for their Nation.
Areak Prey
Arak Prey.
Good that you have same idea-
to remove dictator. However, transferring leadership from Mr. Sam Rainsy is a very very wrong move- why? it is a symbol of party crumbling. This is what CPP and Yuon want; this is what happended to FUNCINPEC, KPNLF etc. I implore that the best way is to have SRP remain the same name with same leader -also without HRP- until dictator is out. For now only Mr. Rainsy who can and is willing to challence the tiger-CPP.
The law is in the "Gaddafi" Hun Sen's hand. The monkey courts of "Gaddafi" Hun Sen in Phnom Penh will only obey their masters: "Gaddafi" Hun Sen and the Vietcongs.
It is time for the "Gaddafi" Hun Sen to go!!!
Gaddafi is the mad dog of Middle East, while Hun Sen is the crazy dog of South East Asia.
World Prediction: Gaddafi will commit suicide like Hitler. Dictator Hun Sen will join suicide row, his bloody hands on Khmer life. All dictators will soon face a tragic end.
Today Hun Sen kill anyone who call him a TRAITORS,tomorow he going to kill all CPP.GOOD LUCK CPP MUMBERS YOUR TURN IS NEXT.
Why do you want a so called immunity when they can take it away so easily? Symbolic?
When you are representing for the people you shouldn't be afraid of any repercussions.
PEOPLE POWER IS COMING TO CAMBODIA SOON. THANKS TO FACEBOOK THAT MADE THE MIDDLE EAST COUNTRIES PEOPLE REVOLTED AGAINS THE DICTATOR.
KHMER PEOPLE MUST RISE UP!!!!!
Why Sochua wants her parliamentary immunity back ? I think If she does
a correct job no one would harm her ,as we seen parliamentary immunity is useless due to the Camodia tribunal is almost under Hun control .
ចង់ដូរអាមួយណាក៏វាមិនបានការដែរបើអ្នកនយោបាយបក្សប្រឆាំងដួចជាពួកក្រុមអាវលឿងសៀមឥញ្ចឹងនោះ។
She can't even speak khmer correctly! What she wants that for?
KHMER people
All Khmer people must be protecting and saving CAMBODIA from the Vietnamese expansion or we will be Khmer Krom number 2 and nothing remain for Khmer younger generation.
Khmer people must thinking a long term solutions for CAMBODIA. The Vietnamese never helped CAMBODIA since the first Century. The Vietnamese always took an opportunities to weaken and used the Khmer Krazy Kings to broke them self apart, so the Khmer people are powerless and unable to reclaim the Khmer Krom land and unable to protecting CAMBODIA from the Vietnamese expansionism.
Vietnamese using Hun Sen and Khmer people to fight Thai, so Khmer people will have no strenght, men power, money, supplies, and etc. to protecting their motherland CAMBODIA from the Vietnamese expansion.
Now which country is taking over CAMBODIA? Vietnamese or Thai?
Khmer people cannot protected Angkor Wat inside CAMBODIA from the Vietnamese took over. Angkor Wat owned by the Vietnamese tycoon Sok Kong and owner of Sokimex oil company.
Why Khmer people trusted and supported the Vietnamese puppet HUN SEN on Preah Vihear temple?
How many Khmer people can live in Preah Vihear temple? After CAMBODIA is fully control by the Vietnamese government liked Khmer Krom.
Khmer people needed Khmer people power inside CAMBODIA, Khmer oversea, and United Nations in order to protect CAMBODIA from the Vietnamese expansion. Khmer people power must take back the power from Hun Sen and stop allowing him controlling and treating Khmer people like human wastes. Every governments in every country is running by people power, the President or Prime Minister alone cannot run the country without people.
To be an effective leader, one need not be a Ph.D in Khmer literature provided that one has adequate education and commitment.
Muo Soch Huo has a Master degree from a famous university- UC Berkeley.She is fit to be the leader. Anyway, let Mr. Sam Rainsy be the leader until dictator is gone.
Nak Sreh
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High quality main battle tanks 581
Medium and low quality tanks 460
APCs, IFVs, ARVs, LCVs 1414
Self-propelled artillery 1079
Combat warplanes 171+AV8 168
Transport warplanes 114
Training warplanes 74
Military helicopters 300
aircraft carrier batteries 110
Warships 17 17 2 LPD
Fast Attack Craft-Missile (FAC-M)s 660
Patrol boats 127
Plu unlimited supply from US and Sweden, China, Russia, France
Dear Poster 4.28AM,
I am not writting off Mr Sam Ransy at all and I won't say that we need to change SRP name as well.
But for Mr Sam ransy who is alway in overseas, I don't think he could do anything politically at all. His leadership is very fragile and very little impacted into his party. People couldn't rely on him at present for his own exile in overases. we have to believe in fengsui. Dictator can only be removed by woman. He couldn't shoot woman. If he does, he would be condemned by international community. Hun Sen could shoot Mr SR but not Madame Mu Sochua. Look at the previous lawsuite. Mu Sochua has built her own immage very well in recent years. We keep Mr SR for next .
Areak Prey
3:23 AM,
I love your comment written in Khmer very much.
Oh my goodness! I laughed so much that I could not control myself.
You are very good with your story.
Please write this kind of story and post it here whenever you can.
Thank you so much for making me laugh so much.
Thank you.
Anet Khmer
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