Failure in The Election Complaint Resolution Process Says A Lot About The Whole Election Process

August 28, 2008
Source: SRP and HRP

FAILURE IN THE ELECTION COMPLAINT RESOLUTION PROCESS
SAYS A LOT ABOUT THE WHOLE ELECTION PROCESS

The way electoral complaints are handled or mishandled is an integral part of the election process that international observers are supposed to monitor. There was only one international observer left today in Cambodia. He was from the European Union Election Observation Mission.

Today was the final day of the complaint resolution process following Voting Day of July 27. None of the opposition's numerous complaints has been properly dealt with. Over the last four weeks following Voting Day, both the National Election Committee (NEC) and the Constitutional Council (CC) have dismissed all the opposition's requests for re-vote or vote recount in spite of irrefutable evidence of massive fraud. http://tinyurl.com/4eegak

This failure in the election complaint resolution process says a lot about the whole election process…

The following is an excerpt from letters that the Sam Rainsy Party and the Human Rights Party have just written to signatories of the 1991 Paris Peace Agreements on Cambodia.

The letter to France's President of the Republic is in French http://tinyurl.com/56b3xl

The letter to Indonesia's President of the Republic is in English http://tinyurl.com/6ka6x4

France and Indonesia were co-chairs of the Paris International Conference on Cambodia which led to the signing of the Paris Peace Agreements on October 23, 1991.

"An acceptable resolution of a number of our electoral complaints should be through the holding of a re-vote or, at least, a vote recount in a limited number of constituencies (provinces or municipalities) where the opposition has come very close to winning one additional parliamentary seat according to figures provided by the NEC. However, the NEC, which is both judge and judged, has rejected practically all our complaints. Even the most important ones were only "examined" behind closed doors and very quickly dismissed as "groundless". As of today, the NEC has not allowed a single vote recount, let alone a re-vote, even when first reports of ballot counting from a given polling station conflict with each other and some of these reports seem to have been doctored. When the opposition submits a complaint with some evidence raising some doubt, why doesn't the NEC accept to jointly with the plaintiffs recount the ballots from any given ballot box from any given polling station so as to dissipate any doubt? Are they afraid that a vote recount even for a single ballot box from a single polling station – there are 15, 254 polling stations nationwide – could reveal anomalies/irregularities that are indicative of broader fraud commune-wide, province-wide and nationwide? The Constitutional Council, which is another CPP-controlled institution acting as a kind of Supreme Court, has so far upheld all the NEC's decisions to dismiss the opposition's complaints and requests. There is apparently no other reasons for the two institutions for not allowing any vote recount than the fear to see the CPP's "landslide victory" evaporate following proper verifications."

SAM RAINSY PARTY
HUMAN RIGHTS PARTY

Party's Double-Voter Complaint Rejected [-What else to expect from the CPP-controlled Prostitutional Council?]

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
28 August 2008

Click here to listen to the Khmer audio program

The Constitutional Council on Thursday upheld the denial of a complaint by the Human Rights Party over alleged voting-list irregularities throughout Cambodia in July's election.

The Human Rights Party had claimed in its complaint to the National Election Committee that 15,255 polling stations were found with registries containing voter names twice.

The double names could have led to ineligible voting, the party said in its complaint.

The NEC rejected the complaint, and that decision was maintained by the Council.

Thursday's hearing was the final decision of the Constitutional Council over election complaints that were filed by the Sam Rainsy and Human Rights parties.

Nhiek Vannara, deputy secretary-general of the Human Rights Party and the legal representative in the case, told reporters Thursday the Council's decision was "very unjust for the Cambodian voters and the Human Rights Party."

"We cannot accept the result of the decision," he said. "But we have no place to continue to complain. We are very, very sorry for the Constitutional Council members, in this unjust decision, but we hope that we will stand up for justice for the next election."

Nhiek Vannara called the decision "artificial."

He told the hearing the double names could have led to an estimated 1 million voting irregularities.

NEC legal representative Em Sophath said during the hearing the denial of the HRP complaint was "very legal and fair."

"The Human Rights Party complaint did not have enough evidence to support [it]," Em Sophath said.

Council Rejects Opposition Call for Re-Vote

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
27 August 2008

Click here to listen to the Khmer audio program

The Constitutional Council on Wednesday upheld a National Election Committee rejection of an opposition party demand for a new round of voting.

The Sam Rainsy Party had requested another vote, claiming July's election had been illegitimate. The NEC rejected the claim earlier this month, on grounds that the irregularities reported were not supported by evidence.

The Sam Rainsy Party claims that the use of administrative form 1018 in lieu of identification, the omission of voters' names from registries, and other irregularities should be grounds for another election.

The Council hearing Wednesday was the last chance for an appeal, and the last hearing over Sam Rainsy Party election complaints.

The Council will examine complaints from the Human Rights Party Thursday.

Sam Rainsy: "The con men are afraid, and this can be seen by the fact that they don’t want a new recount, not even in a single election precinct"

Constitutional Council rejects Sam Rainsy’s request for vote recount in Svay Rieng

26 August 2008
By Ung Chamroeun
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the original article in French

The Constitution Council judges qualified the SRP request as being unreasonable. The opposition leader called the session a theatrical show.

After being rejected by the National Election Council (NEC) on 12 August, the SRP complaint – which demands for a ballot recount in 129 of the 650 election precincts in the province of Svay Rieng – was examined on Tuesday 26 August by the Constitutional Council presided by Ek Sam Ol.

Sam Rainsy observed that a large number of frauds took place in Svay Rieng. The names of several voters who do not agree to the CPP ideas were removed from the voting lists. He indicated also that these people did not move from their current address. Furthermore, there were individuals who took over the identity of other voters to vote in their place. Up to now, Sam Rainsy assured that he had received more than 20,000 thumbprints from voters who were victimized by the fraud.

Sam Rainsy denounced the fact that forms 1014, used to count the number of votes, which were established by the NEC and the CPP, do not correspond to the conclusions by observers from his party. He then proposed for the ballot recounting in 129 of the 650 precincts in Svay Rieng, because he estimated that the number announced by the NEC inflated the number of votes obtained by the CPP.

Sam Rainsy and his lawyer submitted the documents involved as well as the thumbprints obtained to the Constitutional Council. In spite of all these, Ek Sam Ol, the president of the session, judged that the SRP request was unreasonable, while invoking the absence of irrefutable proofs and that the SRP documents were false. “It is impossible to have a new recount,” Ek Sam Ol said.

“This audience is worthy a theatrical show. In reality, the ending was written in advance. The con men are afraid, and this can be seen by the fact that they don’t want a new recount, not even in a single election precinct,” Sam Rainsy denounced in the audience room.

To Sam Rainsy, it is very improbable that the CPP could obtain 5 seats in the province of Svay Rieng.

CPP-controlled Constitutional Council Denies SRP Recount in Svay Rieng

Constitutional Council Denies SRP Recount

By Seng Ratana, VOA Khmer
Original report from Phnom Penh
26 August 2008

The Constitutional Council on Tuesday rejected the request for a ballot recount in Svay Rieng province, claiming the Sam Rainsy Party showed false evidence in its case.

The Sam Rainsy Party had requested a recount in 650 ballot stations, citing a difference in counting results between the party and the National Election Committee results.

Opposition leader Sam Rainsy walked out of the hearing, telling reporters the proceeding was like a movie "scene" and the decision by the Council had been made in advance.

A recount would have showed cheating by the NEC, he said. NEC representatives denied the accusations during the hearing.

The Council should have taken more time to investigate before declaring its decision, as it is the last place for complaints to be heard, said Hang Puthea, executive director of the Neutral and Impartial Committee for Free and Fair Elections in Cambodia.

Sacrava's Political Cartoon: CPP & its Tools

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

NEC Defends Denial of Opposition Complaints

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
21 August 2008

National Election Committee members testified before the Constitutional Council on Thursday, to defend the committee's denial of three complaints of opposition parties of election irregularities.

The committee submitted 30 legal documents to support its reject of complaints that voters were deleted from lists, that illegal forms were used for voter identification and that some voter names appeared twice on voter registries.

The Sam Rainsy party had complained of the name omissions and the use of form No. 1018. The Human Rights Party complained of double names being used on some voter lists. Both parties have contested the election results.

Thursday's proceeding will be followed testimonies from representatives of each party. The Council will then decide whether to conduct a full hearing surrounding the complaints.

"We raised the legal issues and reasoning to explain to the Constitutional Council of our denial of the complaints of irregularities by the political parties," Ke Rith, a legal representative of the NEC, said Thursday following Thursday's session.

The NEC told the Council its decisions had been lawful, he said.

"We have full legal documents and fair evidence to show the Constitutional Council to defend the NEC decision," Keo Phalla, chief of the legal department of the NEC, said. "All of the documents are very strong legally, because all the decisions by the NEC depend on legal principles, internal rules, and procedures. So we hope that the decision of the Constitutional Council ill also depend on the same legalities."

Opposition leader Sam Rainsy has said he has little faith the Council will rule in favor or his party, claiming the Council is biased toward the ruling Cambodian People's Party.

Thumbprints of 20,000 voters back fraud claim

Sam Rainsy Party Deputy Secretary General Mu Sochua walks into the Constitutional Council building on Tuesday. (Photo: HENG CHIVOAN)

Wednesday, 20 August 2008
Written by Vong Sokheng
The Phnom Penh Post

Sam Rainsy Party submits vast body of evidence to Constitutional Council in effort to substantiate allegations of electoral fraud by the ruling CPP

THE thumbprints of 20,000 disenfranchised voters were submitted to the Constitutional Council Tuesday as part of the opposition Sam Rainsy Party's drive to substantiate its allegations that the July 27 ballot is invalid due to systematic electoral fraud.

"We have presented evidence and witnesses to the Constitutional Council and we will answer all of their questions," Kong Sam On, a lawyer acting for the SRP, told reporters waiting in the Senate compound, near to where the Council convenes.

Kong Sam On said that the Constitutional Council had summoned party officials for questioning in relation to the complaints.

"We hope that a hearing will happen within the next two weeks," he added.

Constitutional Council spokesman Pen Thol told the Post that the Council has yet to rule on the opposition's complaints.

However, he said the Council intended to rule on the complaints prior to the announcement of the official election results by the National Election Committee (NEC) which are due September 17.

SRP President Sam Rainsy told reporters that he is scheduled to fly to foreign countries that are signatories to the 1991 Paris Peace Accords, saying that when they signed the accords they committed themselves to helping guarantee free and fair elections in Cambodia.

"Electoral fraud is still a huge problem and stripped many voters of the right to cast their ballots," Sam Rainsy said, adding that international pressure could highlight the government's actions.

"We hope that independent countries will condemn the NEC for playing a role in stealing votes for the CPP."

King Norodom Sihamoni is scheduled to preside over the inauguration and swearing-in of the new National Assembly on September 24, but Sam Rainsy said that the opposition parties were not interested in the formation of a new government.

"I am not interested in other issues at the moment, and I am focusing on the Constitutional Council," he said.

Despite continued threats by the opposition to boycott the swearing-in ceremony, the ruling Cambodian People's Party has pledged to go ahead, issuing warnings that opposition lawmakers not present at the event could forfeit their seats in the Assembly.

Sam Rainsy fined US$2,500 for Global Witness claim [by the CPP-controlled Constitutional Council of Cambodia]

Thursday, 07 August 2008
The Mekong Times

The Constitutional Council of Cambodia (CCC) on Monday upheld the National Election Committee (NEC)’s decision to fine Sam Rainsy 10 million riel (US$2,500) for jibes he made against the Cambodian People’s Party (CPP) during the election campaign.

The fine was initiated by the Kompong Cham provincial election committee after a speech Sam Rainsy made in the province referenced the controversial Global Witness report “Cambodia’s Family Trees.”

The report alleges that the members of the nation’s leadership are implicated in illegal logging.

The complaint was filed against Sam Rainsy by Benson Samay and Kea Eav, who are lawyers for the CPP. Both lawyers disagreed with the CCC decision, claiming that the fine was too small, and asked that the NEC scrap Sam Rainsy’s name from the nation’s list of political candidates.

Yim Sovann, a lawmaker for the Sam Rainsy Party, said he was not surprised by the decision, claiming that the nation’s institutions “claiming to be democratic are in fact all governed by the CPP.”

Council Upholds Fine Against Sam Rainsy

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
05 August 2008

Click here to listen to the Khmer audio program

The Constitutional Council announced Tuesday it would uphold a 10 million riel fine, about $2,500, against opposition leader Sam Rainsy, for "insulting" the leaders of the Cambodian People's Party during the election campaign.

The fine stems from a decision by the Kampong Cham Election Committee ahead of the national election, in a province where Sam Rainsy gave speeches and referred to a Global Witness report on illegal logging.

The report, "Cambodia's Family Trees," implicates a number of high-ranking officials and relatives of Prime Minister Hun Sen in illegal logging and corruption and was banned in the country following its publication.

The National Election Committee subsequently upheld the Kampong Cham committee's ruling to fine Sam Rainsy, but it denied a recommendation to disqualify him as a candidate.

The Constitutional Council upheld the NEC decision to keep Sam Rainsy as an eligible candidate.

Constitutional Council President Ek Sam Ol said Tuesday after the hearing that the NEC had decided "in conformity with the law."

"I cannot accept the Constitutional Council's decision," Thach Setha, Sam Rainsy Party representative in the case, said. "It is not fair. I am very disappointed for the Constitutional Council, because [it] does not respect the law. The decision follows politics and the CPP will."

CPP lawyer Benson Samay said the ruling party accepted the decision, "because the CPP wants to have the opposition in Cambodian society."

Koul Panha, executive director of the Committee for Free and Fair Elections, said the council showed the complaint following the legal procedure.

"But the Constitutional Council should more clearly interpret the law," he said.

[CPP controlled Constitutional] Council Dismisses Complaint Over NEC

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
04 August 2008

The Constitutional Council dismissed an election complaint by the Sam Rainsy Party Friday, claiming it was not in its jurisdiction under election law.

The party had complained against the National Election Committee, for violation of people's rights by omitting names of eligible voters from last month's national election.

SRP lawmaker Yim Sovann said Monday the decision by the Constitutional Council was "not fair at all."

"We have enough evidence for them to decide on the complaint," he said. "This shows that the Constitutional Council has no independence, and there is nothing surprising about the letter, because Constitutional Council members are really CPP members."

The council had made a "political" decision, not a legal won, he added.

Hang Puthea, executive director of Nicfec, expressed regret at the council's decision.

"The Constiutional councils declared that its decision was fair, bu tin a democratic society, each fairness is supported by the other. But right now, this decision is not supported by the opposition party, so the fairness is in the mystery.

Constitutional Council spokesman Penn Thol declined further comment Monday.