Three years of struggle with Cambodia's justice

04 Aug 2012
By Mu Sochua

‎"I serve the people till the end of my mandate. I will seek re-election in 2013". Half-baked justice is not justice to protect constitutional rights of the people. Cambodian democrats stand together to rescue our nation and impartiality and independence of justice is our highest priority.

http://www.youtube.com/watch?v=As87ZOC1JeA

The opposition plans to hand a petition to Ban Ki-moon

SRP MP Mu Sochua
(Photo: The Phnom Penh Post)

26 Oct 2010
Everyday.com.kh
Translated from Khmer by Soch

The SRP will hand a letter to UN Secretary-general Ban Ki-moon during his visit to Cambodia later today, asking him to help resolve a number of issues that are affecting the people and opposition politicians. Mrs. Mu Sochua, the SRP MP whose parliamentary immunity is still lifted, said on Monday that when Ban Ki-moon arrives in Cambodia on Tuesday, the SRP will hand him directly a letter informing him about the political situation in Cambodia, in particular, the silencing of opposition MPs and the land-grabbing issues. She said: “We will hand Ban Ki-moon a letter, asking him to help resolve the political problems and also to demand for the return of Sam Rainsy to Cambodia.” Mrs. Mu Sochua added: “The [opposition] MPs are being silenced. MPs always face the lifting of their parliamentary immunity. This shows that the National Assembly belongs only to one party. On these issues, I expect that he [Ban Ki-moon] will resolve them.”

Mu Sochua character on stage in Turkey ... while the real Mu Sochua saw her rights being trampled by the Hun Xen's regime

Mu Sochua (Photo: The Phnom Penh Post)

In the play, titled 'Yedi' (Seven), journalist Ece Temelkuran will play Nigerian democracy defender Hafsat Abiola, while the lawyer of assassinated Armenian journalist Hrant Dink, Fethiye Çetin, will play North Irish activist Inez McCormack.

Seven famous women take stage for women’s rights in Turkey

Sunday, September 19, 2010
ARAM EKİN DURAN
Hurriyet Daily News
ISTANBUL - Referans

Füsun Demirel plays Mu Sochua, who was co-nominated in 2005 for the Nobel Peace Prize for her work against sex trafficking of women in Cambodia and neighboring Thailand.

Seven women take the stage to draw attention to human rights. The theater play 'Seven' will make its Turkish premiere at Istanbul's Muammer Karaca Theater on Thursday. The play is based on interviews with seven women’s rights activists from seven different countries, and has been staged in the world since 2007

In the play, titled 'Yedi' (Seven), journalist Ece Temelkuran will play Nigerian democracy defender Hafsat Abiola, while the lawyer of assassinated Armenian journalist Hrant Dink, Fethiye Çetin, will play North Irish activist Inez McCormack.

Seven human rights-sensitive women will take to the theater stage to raise awareness of the issues via the stories of seven women who struggled for human rights in society.

In the play, titled “Yedi” (Seven), journalist-writer Ece Temelkuran will play Nigerian democracy defender Hafsat Abiola, while the lawyer of assassinated Armenian journalist Hırant Dink, Fethiye Çetin, will play North Irish activist Inez McCormack, who was also played by Meryl Streep last year. Other women in the play are Turkish artists Lale Mansur, Füsün Demirel, Zeynep Eronat, Belçim Bilgin Erdoğan and Şevval Sam.

The play will make its Turkish premiere Thursday at 8 p.m. at the Muammer Karaca Theater. Entrance to the play is free.

Swedish national theater Riksteatern’s producer Figen Solmaz said the play, which is supported by the Swedish Institute and the Swedish Consulate General, would be staged within the framework of a conference on human trafficking and women’s rights that will be held in Istanbul.

“This play has been staged all around the world for a few years and we wanted Turkish people to see it, too. This is why we have chosen seven women who are sensitive to democracy and human rights,” Solmaz said.

She said the seven women, famous among Turkish people, agreed with the project and gave great support to it. “Turkey is perceived by Western countries as an underdeveloped country in terms of women’s rights. The best side of this play is that it shows that women’s rights is not only a problem for underdeveloped countries, but also is a common problem for all women in the world.”

Hillary Clinton, Meryl Streep played in the US

“Seven,” which is based on interviews made with seven women activists from seven different countries, has been staged around the world since 2007. Hillary Clinton presented the play in the U.S. and famous actress Meryl Streep played the role of Northern Irish activist Inez McCormack. The play has been performed by the Swedish Riksteatern Theater in more than 40 venues since 2009.

Activists in the play

Fethiye Çetin plays Inez McCormack, who is an activist for women’s and human rights, labor, and social justice and a former president of the Irish Congress of Trade Unions. McCormack played a critical role in the 1998 Good Friday Peace Accords and continues to advocate for equal rights and fair labor practices for women and minorities.

Belçim Bilgin Erdoğan plays Muktharan Mai, who was gang raped by four men and forced to walk home almost naked. Instead of taking the traditional Pakistani women’s route of committing suicide, Mai brought her rapists to justice, built schools to improve the condition of women, and became an advocate for education in her country.

Şevval Sam plays Farida Azizi, who became an activist fighting against marginalization of women under Taliban rule in her native country. Because of threats on her life, she gained asylum and now lives in the United States with her two children and works on women's rights and peace building in Afghanistan.

Füsun Demirel plays Mu Sochua, who was co-nominated in 2005 for the Nobel Peace Prize for her work against sex trafficking of women in Cambodia and neighboring Thailand.

Ece Temelkuran plays Hafsat Abiola, an advocate for human rights and democracy following the murder of her activist parents. She founded the Kudirat Initiative for Democracy, which provides skills training and leadership opportunities for young women across Nigeria.

Zeynep Eronat plays Marina Pisklakova-Parker, who founded one of the first hotlines for victims of domestic violence in Russia, which has since grown into the Center ANNA, part of a coalition that has provided crisis and counseling services for 100,000 Russian women.

Lale Mansur plays Annabella De Leon, who has been a congresswoman since 1995 and has received death threats because of her fight against corruption and for the rights of the poor, particularly women and indigenous peoples.

Cambodian-Americans praise Mu Sochua

SRP MP Mu Sochua at her arrival at the Phnom Penh airport on 05 July 2010 (Photo: Yun Samean, RFA)

10 July 2010
By Taing Sarada
Radio Free Asia
Translated from Khmer by Heng Soy
Click here to read the article in Khmer

“Cambodia is lucky to have a brave daughter like her. I hope that there will be a lot of other women who will stand up like her. All the other men should be ashamed by her bravery.”

Overseas Cambodians praise the decision made by SRP MP Mu Sochua not to pay her fine. The Phnom Penh municipal court ordered her to pay a compensation to Hun Xen regarding the defamation lawsuit brought up by the latter.

Cambodian-Americans are calling Mrs. Mu Sochua a “famous heroic woman” who dared fight against the Cambodian justice system which is well known for being under the whim of the ruling party.

Im Sinith, a Cambodian-American living in Alabama, said that Mu Sochua’s struggle is undertaken to seek justice for herself and to set an example to the entire country: “They [the CPP regime] violated her rights, and she is the one who is sentenced instead. If there is arrangement made, then there would be no justice at all. To have justice, there should be no arrangement made. Therefore justice requires justice, so I want her to maintain her strong position in spite of the circumstances, we cannot just stand and watch.”

Saro Sivutha, the former president of the Student Movement for Democracy, said from Long Beach, California, that he praises Mu Sochua’s courage to dare bring reform to improve the justice system: “Cambodia is lucky to have a brave daughter like her. I hope that there will be a lot of other women who will stand up like her. All the other men should be ashamed by her bravery.”

The Phnom Penh municipal court and the Phnom Penh treasury issued an ultimatum for her to pay 16.5 million riels in fine because she lost her case in the defamation lawsuit brought up by Hun Xen.

On 06 July, the Phnom Penh court of first instance issued an order telling Mu Sochua to pay the entire amount of her fine within a period of 10 days starting from 06 July, otherwise, the police will arrest her and send her to jail.

However, Mrs. Mu Sochua used to indicate that she will not even pay one single riel and that she is ready to face her arrest.

Cambodian-Americans living in several US states announced that they will push their US congressmen and senators to put pressure on the Cambodian government should the police arrest Mrs. Mu Sochua.

Sacravatoons no 1763 :" Moving Forward for Change "

Mu Sochua: anticipating jail

Mu Sochua in Geneva, Switzerland. (William Dowell/GlobalPost)

The Cambodian activist and politician sees a jail sentence as the next step in her struggle.

March 6, 2010
By William Dowell
GlobalPost

GENEVA, Switzerland — Mu Sochua, one of the more impressive speakers at “Courage to Lead,” a recent gathering here of more than 40 women involved in human rights, is not a woman to be taken lightly.

After spending the last 20 years fighting for women's rights and against both human trafficking and general corruption in Cambodia, the deputy in Cambodia's leading opposition party has embroiled herself in a head-on clash with the country's perennial Prime Minister Hun Sen. The spat now seems likely to land her in jail.

At a superficial glance, the furor seems slightly silly. It began last spring when local tensions began to mount after Cambodian army soldiers burned several villages in an apparent land grab.

The army was not exactly popular in Mu Sochua's district, which includes Kampot, about two hours drive south of Phnom Penh. When Mu Sochua protested against a Cambodian army officer using official government vehicles during a political campaign, a scuffle ensued and Mu Sochua's blouse was accidentally ripped open. Hun Sen mentioned the incident in a speech, casually dismissing Mu Sochua as a hustler, who liked to expose herself and had a tendency to grab at men.

Mu Sochua has also accused the prime minister of calling her "cheung klang," which means "strong legs," in Khmer and is considered an insult.

If Hun Sen expected Mu Sochua to roll over, he was wrong. Mu Sochua promptly sued him for defamation in a Phnom Penh municipal court, demanding 500 Cambodian rials, or roughly 12 cents in damages along with an apology. Instead of apologizing, Hun Sen, who likes to go by the rather ungainly honorific “Samdach Akkak Moha Sena Padey Dekjo” promptly countersued.

Not surprisingly Mu Sochua's case was thrown out of court, while Hun Sen's stuck. Repeating his earlier slurs, Hun Sen went on to challenge Mu Sochua to take her case to international courts if she wanted, and to see how far that was likely to get her. Mu Sochua's parliamentary immunity was stripped away. An appeals court confirmed a lower court's verdict against her for libel, and the case is now headed for the Cambodia's Supreme Court, which Mu Sochua also expects to rule in favor of the “Samdach.” The penalty for losing the suit is a fine of roughly $4,100, but Mu Sochua refuses to pay it, and insists that she will go to jail for six months instead.

It may all seem like much ado about not very much, but Mu Sochua insists that there is a lot more at stake. Hun Sen, who was propelled into his current position after Vietnam ousted Pol Pot and the Khmer Rouge in 1979, has held onto power ever since by making sure that his party hand picks Cambodia's 13,000 village chiefs.

“This nation has to be built on the rule of law and not just one man,” says Mu Sochua. “These people are afraid of democracy. The way they maintain control is by not allowing the people to elect their village chiefs. The Cambodian people live in fear of the village chiefs. At the same time the country has opened itself up to a market economy, which brings in a lot of money that is not managed well, which is why there is so much corruption.”

Hun Sen, who at 57 shows no signs of planning an early retirement, has plenty of reason for wanting to take on Mu Sochua's party. In November 2009, he had Sam Rainsy, who leads the opposition, stripped of parliamentary immunity for the second time that year because Sam Rainsy had removed several posts marking the border with Vietnam. Rainsy contends that the Vietnamese, who were responsible for Hun Sen's rise to power in Cambodia, have been engaged in a land grab for themselves based on questionable treaty arrangements.

Mu Sochua insists that her spat focuses on Hun Sen's vulgar use of language and the corruption of Cambodia's legal system. “What is at stake,” she said, “is democracy. The space for democracy is narrowed by the power of the ruling party, and mainly by the power of Hun Sen, who has his hands in every institution, including the parliament and the courts. He didn't just insult me as a woman. He insulted the parliament as an institution. I am actually taking the justice system itself to court.”

The story gets a bit more complicated since Mu Sochua received a 2005 leadership award from the Vital Voices Global Partnership, a Washington, D.C.-based foundation.

“This is also a challenge for the international community,” Mu Sochua says. “They invest $1 billion a year in Cambodia, but they never fulfilled their responsibilities by making it a condition that the government fulfills its obligations towards human rights.” Hillary Clinton delivered a brief address via satellite at the end of the Geneva meeting, but it was not clear what her take as Secretary of State would be on Mu Sochua's case.

Even more potentially troublesome for Hun Sen is the fact that Mu Sochua, who earned a Bachelor of Arts in psychology at San Francisco State University and a masters in Social Work at the University of California, Berkely, is married to an American who runs a major project on decentralization for the United Nations in Cambodia. “My husband is completely separate from my political life,” she explains. Her three children now live abroad, but both her husband and children are emotionally supportive. “I told my family that I am going to jail. Please don't talk me out of it. It has come to that point, Mom is going to jail,” she says. “It gives me peace in heart.” Whether it gives Hun Sen or his supporters peace of mind is another matter.

Mu Sochua is not fighting for nothing

Mu Sochua, a Khmer lady has not been doing nothing, because she doesn't keep her fear and injustice feeling in a quiet place. Like Suyi of Burma and Cory of Philippine, Sochua is heading forward for the sustainable and genuine peace, prosperity and democracy of Cambodia.

Op-Ed: Cambodian Bright Future

Civil rights leader Martin Luther King Jr said "The ultimate tragedy is not the oppression and cruelty by the bad people but the silence over that by the good people". Mu Sochua is the prolific current Cambodian democratic leader who is not silencing in front of a dictatorial leader. After the suffering of civil war, Cambodian people are facing with a new type of regime which has visibly emerged as the pseudo-democracy. Hun Sen who is the main leader has never given up his political culture of violence, dictatorship and he has well utilized the brand name of democracy to fool Cambodian people through the biased mass media and patrimonial system. Observers spontaneously stated that the government has stepped backward by silencing the voices of all dissents and opposition. Sam Rainsy Party has been cornered by Hun Sen government. Mu Sochua has to stand up from that corner and many more will stand up with her.

What Cambodian people want to project for their future? Does current stability of Hun Sen government ensure their future sustainable peace and growth? No one know or can predict it rightly. But what we know and can predict correctly is that when the rule of law and democratic principle are not flourished in any land, that land is still under a despotic leader. So Cambodian people wish to stand up or to keep this status quo?

Look at this video clip. Thousand answers are waiting your brilliant voices and participation. We don't see any national news reporters took this video to broadcast in the TV channel for Cambodian people to watch. Cambodian people are currently living under the darkness with one-sided mass media. All good things are repeatedly broadcasting to fool the Cambodian people. But how about corrupted officials, violence, land eviction and this type of video clip? Do Cambodian people have chance to weight their belief?

Mu Sochua dare to face with powerful prime minister Hun Sen in this lawsuit. It is really injustice for her when a victim like her has been easily twisted. When she used her basic rights to protect herself from insulting, that basic rights has badly reversibly affected her, under this pseudo-democratic country.

University professor James Q. Wilson said that "Without liberty, law loses its nature and its name, and becomes oppression. Without law, liberty also loses its nature and its name, and becomes licentiousness"

Interestingly, Former German naval officer and victim of the Nazis, Martin Niemöller said that "First they came for the Jews and I did not speak out -- because I was not a Jew. Then they came for the communists and I did not speak out -- because I was not a communist. Then they came for the trade unionists and I did not speak out --because I was not a trade unionist. Then they came for me -- and there was no one left to speak out for me."

Cambodia folk tale of "a fox and a young sheep". Cambodian people are like a young sheep that have been cared by a fox.

The above quotes were beautifully mentioned by Professor Peang-Meth in his weekly articles. He also ended one of his articles very intrigued that "Man can learn, unlearn, and relearn. Encourage man to think freely, to innovate and not to shy away from risks; dare man to read, write and speak without fear; instill in man hope, which specialists define as “energy and ideas that drive people to change their circumstances,” to reach goals, to have motivation, and to seek improvement. This is the road to a better way for Cambodians."

Mu Sochua, a Khmer lady has not been doing nothing, because she doesn't keep her fear and injustice feeling in a quiet place. Like Suyi of Burma and Cory of Philippine, Sochua is heading forward for the sustainable and genuine peace, prosperity and democracy of Cambodia.

KY

Mrs.Mu Sochua and the Justice

Mrs.Sochua is awarded for her brave to face with this court in order to bring along with the non-biased court, the justice and human dignity, the rule of law, the respect of the supreme national constitution, the fearless and open society, the liberal democracy, and the freedom of speech for all Cambodian people.

Finally, the municipal court of Phnom Penh delayed the verdict of Mrs.Mu Sochua from July 24 to August 4. Everyone, men and women, Cambodian people in Cambodia and abroad appealed for justice for Mrs.Sochua. In reality, we are not deceived by that because the justice for Mrs.Sochua was already violated at the beginning. The following is the injustice procedures of the court.

• Mrs.Sochua is the victim of the trial because Prime Minister Hun Sen who defamed her during his public speech at Kampot province, not Mrs.Sochua. Prime Minister's speech was unacceptable for general women when he made fun that there were a woman wanted to expose her bra but accused others of stripping it off...that woman was a strong leg woman etc. This speech is irritated by all Cambodians.
  
• Mrs.Sochua had to defend herself from being looking down by PM and misunderstanding by the public. If this case happened only between Hun Sen and Mrs.Sochua in a private place, not in public like this, it might not be a matter. But every Cambodian saw and heard when Hun Sen's speech was televised nationwide. When Mrs.Sochua wanted to use her basic right to protect her fame and dignity, that basic right has become a sword to herself because her lawsuit dismissed by the court but the countersuit by PM Hun Sen has been in the process. The court said her lawsuit was lack of evidence, but PM's lawsuit had sufficient evidence. What evidence should be relevant while PM defamed Mrs.Sochua through the public, Mrs.Sochua just defended herself by doing press conference to prepare the lawsuit. The court used the excuse of not mentioning the name. Yes, Hun Sen didn't mention the name but when the public realize whose that person Hun Sen referred to, this evidence is relevant enough. More than this, previous conviction of defamation, there were many opposition members were convicted though they didn't mention the name directly. For instance, Sam Rainsy was convicted by this same court before while Sam Rainsy didn't mention the plaintiff name directly.
  
• After the court dismissed her lawsuit and proceed PM's lawsuit, the Cambodian parliament was at the urgent meeting to strip off her parliamentary immunity. Why the assembly didn't strip off Hun Sen's immunity as well while he was also the defendant.
  
• It is worst when Mrs.Sochua's lawyer, Kong Sam Onn rejected to defend her and surrendered himself to become CPP's political member while he was under the pressure by Ky Tech, Hun Sen's lawyer. Everyone knows that Kong Sam Onn was at the hardest situation because of his worrisome of Bar association would disbar him and his lawyer career would be terminated, also the court might convict him in the defamation lawsuit by Hun Sen as well. When Kong Sam Onn resigned, no lawyer or defense attorneys dare to defend Mrs.Sochua. This situation proves that Hun Sen's power is omnipotent, omniscient, and omnipresent in Cambodia. Mrs.Sochua is not reluctant to face with this injustice procedure. She came back to Cambodia from her international conference although her parliamentary immunity was lifted, and bravely she accepted to walk into the court without having defense attorney.
  

Now, the case of Mrs.Sochua is the best example for the injustice procedure of the court of Cambodia. This trial has been put in a high profile for the nation. The high profile that Mrs.Sochua has put her life in a difficult situation because every one knows and she knows that "The Cambodia Court is Excessively Influenced by the Prime Minister and the Government". Cambodian people in general, NGOs and international observers etc are keeping close eyes to this procedure.

We don't know what is in mind of the municipal judge on the 4th of August relating to this lawsuit. But what we have known is that the law itself and the litigation itself were already contaminated in this court of Cambodia. Now it wholly depends on the judge, the judge who was put himself in a very difficult situation because of the omnipotent of the Prime Minister. The win-win strategy would settle down when they convict Mrs.Sochua by fining her according to the Prime Minister's demand in his countersuit.

This trial is the best lesson for all Cambodians and the government to demonstrate the injustice court of Cambodia especially to learn to behave properly about the independence of the executive, the judiciary and the legislative. Doing so Cambodia will have the brighter future and the supreme national constitution will no one can violate any more.

But are Cambodian people aware about this? Does Hun Sen enlighten this? Does the court of Cambodia want to behave at a proper way at the sacrificing of their own corruption mind?

Mrs.Sochua is awarded for her brave to face with this court in order to bring along with the non-biased court, the justice and human dignity, the rule of law, the respect of the supreme national constitution, the fearless and open society, the liberal democracy, and the freedom of speech for all Cambodian people.

KY