Cambodia: Sam Rainsy, leader of opposition to Hun Sen, sentenced to 10 years in prison

Rainsy is in voluntary exile in France and the court sentencing will delay his return. According to the opposition party Cambodia is ceding its territory to Vietnam, offending Khmer nationalism. Sentence seen as a way to eliminate opposition.

Thursday, September 23, 2010

Phnom Penh (AsiaNews / Agencies) - Cambodian opposition leader, Sam Rainsy has been sentenced to 10 years in prison, guilty of manipulating documents and information to the public.

The government accuses Rainsy of altering topographic maps to show that Vietnam is taking over Cambodian territory. Rainsy's party say that Phnom Penh has given its powerful neighbour border territories.

Rainsy was sentenced in absentia as he fled into exile in France, to escape the pressures and violence of the party of Prime Minister Hun Sen.

For years Rainsy has been trying to challenge the politics of Hun Sen, but has always lost in elections, accusing the Prime Minister’s party of abuse, manipulation and targeted killings. In recent weeks, he was planning his return, but the sentencing is likely to keep him from returning to Cambodia for several years.

The issue of borders between Vietnam and Cambodia is a very sensitive one for Cambodians who see Vietnam as the cause of their troubles in the recent past (war, Khmer Rouge, and now economic colonization).

The boundaries between the two countries have never been very accurate. In 2006 the two governments attempted to define them at the expense of certain groups of Cambodians, who lost their land on the borders. Rainsy has tried to encourage protest, by stirring Cambodian nationalism (see photo) and has been accused of manipulating maps.

Rainsy's party accuses the Phnom Penh government of using the judicial system to silence and eliminate the opposition.

Exiled Cambodian Leader Sentenced to 10 Years in Jail

Exiled Cambodian opposition party leader Sam Rainsy who has been convicted by a court for falsifying documents related to a contentious border dispute with Vietnam.

Robert Carmichael, VOA
Phnom Penh 23 September 2010

The leader of Cambodia's main opposition party, Sam Rainsy, was sentenced to prison in a dispute about the border with neighboring Vietnam. But his supporters claim the case is politically motivated.

The municipal court in Phnom Penh on Thursday handed down a 10-year prison sentence to Rainsy because he displayed a map that had a different border between Cambodia and Vietnam than the one the government uses. During his trial earlier this month, the government's lawyer told the court that Sam Rainsy's action amounted to disinformation and falsifying of public documents.

The judges agreed, and handed down the prison term and a $16,000 fine. They also issued an arrest warrant for Sam Rainsy, who lives in exile in France.

The opposition leader had no chance for a fair trial, says his party's spokesman Yim Sovann, because the courts answer to the ruling party.

"Based on the verdict, not only one verdict, but the previous one, to my understanding and to the understanding of the people of Cambodia and the international community, this court is not independent," he said. "This court is used as a political tool to muzzle the opposition party."

The dispute dates back a year when Sam Rainsy and two villagers removed wooden posts marking the border between Cambodia and Vietnam. He received a two-year jail term for that and the villagers were each jailed for a year.

The two nations are in the middle of a six-year exercise to map their 1,270-kilometer border. Sam Rainsy has said Cambodia is losing land to Vietnam in the process.

The issue is a sensitive one for the government. Prime Minister Hun Sen maintains close relations with Vietnam, although many Cambodians are distrustful of their neighbor. In addition, Cambodia is involved in a tense border dispute with Thailand, which at times has turned violent.

Spokesman Yim Sovann says the government is growing less tolerant because it fears the opposition as the country heads toward the 2013 general election. He calls Thursday's verdict a "step backward for democracy" and he is calling for international help to prevent what he terms a slide toward authoritarianism.

"The international community has spent a lot of money to build democracy in Cambodia, to promote human rights, to help to build the rule of law," says Yim Sovann. "So if the leader of the biggest opposition party is in exile or facing jail term of more than 10 years, we can not say that Cambodia is democratic."

Mr. Hun Sen's government has long been accused of using lawsuits to silence critics. This month, the United Nations special rapporteur on human rights in Cambodia, Surya Subedi, issued a report saying the courts are corrupt and often beholden to the ruling party. Among other things, he recommended that public figures become more tolerant of criticism and stop using the courts against their critics.

Conviction Evidence of Government Attempt to Remove Sam Rainsy From Politics

Opposition leader Sam Rainsy (Photo: The Phnom Penh Post)

CONVICTION EVIDENCE OF GOVERNMENT ATTEMPT TO REMOVE SAM RAINSY FROM POLITICS

The Cambodian Center for Human Rights (CCHR) condemns today’s political ruling by the Phnom Penh Capital Court of First that found Cambodian opposition leader Sam Rainsy guilty of falsifying public documents and disinformation. The verdict provides further evidence that the Cambodian judiciary is being used as a political tool of the Royal Government of Cambodia (RGC) to undermine legitimate political opposition. In this instance, the misuse of the courts may have ended the career of one of Cambodia’s most popular politicians.

The charges related to Sam Rainsy’s alleged alteration of a United Nations map of Cambodia to falsely show an encroachment onto Cambodian territory by Vietnam, which he subsequently posted on the Sam Rainsy Party website. However, the CCHR notes with concern that only limited documentary evidence and testimony supporting this allegation was presented at trial. Sam Rainsy, who was tried in absentia, was sentenced to 10 years in prison for falsification of public documents and disinformation, and ordered to pay a 5 million riel fine and 60 million riels in compensation to the RGC for both offences. The lack of legal basis on which the verdict was reached and the severity of the sentence imposed underscores the political nature of the trial and sends a clear message to opposition parliamentarians and others willing to question the policies and actions of the RGC.

Today’s conviction is another in a series of politicised judicial measures against Sam Rainsy. In January, Rainsy was convicted of disinformation and inciting racial discrimination and, as reported in The Phnom Penh Post on Tuesday, a court summons for Rainsy has been issued dating back to a two year old defamation and disinformation complaint filed by Foreign Minister Hor Namhong. The CCHR calls on the RGC to end its use of the judicial system as a political tool to attack the opposition and to silence dissenting opinion. Cambodia needs active opposition parties to provide a strong, stable, multiparty democracy in the Kingdom, and an independent and impartial judiciary to uphold rule of law.

For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org

Human rights abuses in Cambodia on the rise in 2009: Civil Society

Cops surrounding opposition MP Mu Sochua in an attempt to prevent her and her supporters to march in protest

01 Jan 2010
By Keo Nimol
Radio Free Asia
Translated from Khmer by Komping Puoy
Click her e to read the article in Khmer

Human rights organization officials and workers estimate that, in 2009, the number of human rights abuses in Cambodia increased when compared to the same period in 2008.

Am Sam Ath, an observer for the Licadho human rights group, said that in the past year, there was an increase in the number of abuse perpetrated on numerous important human rights cases, such as land dispute, forced evictions, injuries inflicted, impunity – i.e. violations of the law – children and women trafficking.

Am Sam Ath said: “In general, there is no decline in human rights abuse. If we look at rape cases, the number of cases is increasing.”

Am Sam Ath indicated also that the reason there was an increase in human rights violation was because legal resolutions were not possible: the rich use their money to hide their misdeeds, and a number of government officials do not fulfill their duties properly as prescribed by the law, they only think about their personal interest.

Ou Virak, President of the Cambodian Center for Human Rights (CCHR), said on 01 January 2010 that there are difficulties in clearly evaluating human rights violations, however, based on the number of court cases, it is observed that they are on the rise, and also the ruling (CPP) party had openly violated the rights of the opposition party, etc…

Ou Virak said: “If we look at the court cases, we believe that their number increased in 2009. Lawsuits brought against human rights activists and the opposition party are on the rise in cases involving political rights and citizen rights.”

Ou Virak recognized that the ruling party attempted to strengthen the respect of human rights in a number of cases, but that it still fell short to the needs of the general public: “In truth, I see that there are some positive points also.”

Phay Siphan, the secretary of state and mouthpiece of the Council of Ministers, said that a number of issues raised by human rights organizations can be welcomed, however, a number of other issues cannot be accepted.

Phay Siphan said: “What they talked about is report tendencies, but they lack truthful democratic basis and human rights respect. As I said, the Cambodian government is continuing to strengthen both its policy and the institution for the protection of the people’s human rights.”

In 2009, the government issued its human rights report to the Geneva-based UN Office of the High Commissioner for Human Rights (UN OHCHR). Member countries that attended the Geneva meeting paid close attention to the forced eviction cases in Cambodia and they also questioned the Cambodian representatives on this very hot topic.

Sam Rainsy not worried about Svay Rieng authority’s lawsuit

Opposition leader Sam Rainsy (Photo: Ayuthyea, RFA)

03 November 2009
By Mao Sotheany
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

Opposition leader Sam Rainsy said that he is not worried about the lawsuit brought up by the Chantrea district authority, accusing him of criminal conduct for destroying public properties on 25 October.

Sam Rainsy, who is currently in France after attending a conference in Egypt, told RFA over the phone that he is not alarmed about the lawsuit brought up by the Chantrea district authority accusing him of committing a crime by destroying public properties after he pulled out 6 wooden posts from a rice field belonging to [Cambodian] villagers on 25 October. The event took place when the SRP led a Kathen procession to Wat Ang Romdenh Pagoda, located about 200-300 meters from the Vietnamese border.

Sam Rainsy said that, regarding the accusation leveled against him, he would like to get the International court to resolve this case where Cambodian farmers lose their rice fields and he accused Vietnam of planting posts by encroaching on Cambodian farmers’ lands.

Sam Rainsy said: “I am not scared, if the Vietnamese government sues me, let them, if the current Phnom Penh regime sues me, let them, but I will sue to the International community, asking them to help protect Cambodian territories. I want the International [Paris Peace] conference on Cambodia to be reconvened, I will ask the 18 signatory countries in the 1991 Paris Peace Agreements to meet because the Cambodian territories are being violated right now. The Paris Agreements guarantee that all the signatory countries will help Cambodia when Cambodian territories are being violated. Now, the Cambodian territories are being violated, and we have sufficient proofs to that effect.”

Regarding the lawsuit by the Chantrea district authority, Sam Rainsy said that this lawsuit has already reached the Svay Rieng provincial court.

Sam Rainsy added: “I know that the Chantrea district authorities [in Svay Rieng province] sued me, saying that I pulled out posts that are public properties because I pulled them out and threw them away. They claimed that these posts mark the border between Cambodia and Vietnam. SRP representatives who are councilors in Chantrea district informed me that the lawsuit case has reached the Svay Rieng provincial court already. They sue me for a criminal case, it is very serious, they accused me of destroying public properties.”

Mao Sotheany: Did you pull out these border posts or not?

Sam Rainsy: In general, the villagers talk about their needs, their tough livelihood, their poverty, but this time, they only spoke about on issue: the Yuons took Khmer lands. They did not talk about anything else, except the problem of people coming to plant posts. Who are these people? ‘These people’ designate the joint technical group which consists of 10 Vietnamese and 1 Cambodian. Before they planted the posts, they came to survey, but the villagers did not understand any of that, they said how can they survey the lands they are planting their crops on. These rice fields are Cambodian territories, they have been planting crops on them for the past 10-30 years already, nothing ever happen, until that one day, a few months ago, when the joint Yuon-Khmer technical group came over.

After the survey, they planted posts on the farmers’ fields, very deep inside Cambodian territories. Some villagers completely lost all their rice fields, several hectares of land, and for some others, the posts divide their lands into two parts, just like all the other farmers. So they were very angry and hurt, and they ask us, MPs, to help them because, in the past, they pulled out some of the posts that were recently planted, but the local authority in Svay Rieng province threatened them and told them that if they pull them out, they will be charged. When they saw the SRP MPs, they ask us to help, they said that the local authorities threatened them a lot. I saw that they were very hurt, they [the Viets] came to take their lands for no reason. I said that for all these posts, I take the responsibility for them, we must pull them out so that the farmers can reclaim their rice fields back, so that they plant their crops and continue to live normally.

Mao Sotheany: Did the villagers who lost their lands complained to the authority or not? Did they complain to the higher levels of the authority of not? How did they resolve this issue, did they complain or not?

Sam Rainsy: They don’t have the opportunity or the ability, they don’t have any contact. They live in an isolated village. They can only complaint to the village chief and to the commune office. They also complained to the border armed forces, the border police, but even the border police, our officials, they are very scared [of the Vietnamese], therefore, our farmers have nobody to depend on, that was why they took the opportunity of the Kathen organized by the SRP from Phnom Penh, hoping that someone important could help them out.

On Friday 30 October, the Vietnamese ministry of Foreign Affairs issued a statement condemning Sam Rainsy’s action as being “a perverse action, damaging common property, violating both countries’ laws, and bilateral treaties and agreements.”

On Tuesday 03 November, RFA could not reach the Svay Rieng authority to obtain its reaction about Sam Rainsy’s statement above.

Hun Xen's regime in collusion with the Viet encroachers sue Sam Rainsy and victimized Cambodian farmers

Opposition Accused of Border Post Destruction

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
03 November 2009

The opposition Sam Rainsy Party will face yet another lawsuit, for the destruction of boundary demarcations on the Vietnam border.
Authorities of Chan Trea district, Svay Rieng province, say party leader Sam Rainsy colluded with local villagers to rip border markings out of the ground last week, officials said Monday.

The suit would bring to three the number of cases against the opposition in recent months, including Prime Minister Hun Sen’s defamation suit against lawmaker Mu Sochua, and a similar suit brought by 22 military officials against lawmaker Ho Vann.

The lawsuit stems from an Oct. 25 Katina ceremony, led by Sam Rainsy, in Samrong commune, Chantrea district. At the end of the ceremony, villagers showed gathered officials six boundary posts reportedly planted in their own rice fields, indicating incursion, officials said.

Sam Rainsy then said the markers should be removed, after which villagers pulled them up.

“The complaint has been filed for destruction of public property,” said the party’s Svay Rieng provincial deputy chief, Meas Kheng.

District Governor Chea Yieng confirmed a complaint had been filed but declined to give details, saying only it had to do with boundary markers and not the Kathina ceremony.

Cambodia and Vietnam agreed in 2005 to finalized border demarcation, in a bid to end decades of disputes on a nationally sensitive topic. However, border activists have continued to protest the alleged incursion by Vietnamese into Cambodian territory.

“If there is a complaint, it would be another concern, after Mu Sochua and Ho Vann,” said Am Sam Ath, an investigator for the rights group Licadho.

Judge Korm Chhean, president of Svay Rieng’s court, said he had not yet seen a complaint.

Hang Chakra sick in jail

Hang Chakra (Photo: Leang Delux, RFI)

23 August 2009
By Pen Bona
Radio France Internationale
Translated from Khmer by KI-Media

Hang Chakra, the editor-in-chief of the Khmer Machas Srok newspaper who is currently being jailed in Prey Sar prison, is currently sick and is facing health deterioration. His family and defense lawyer have expressed concerns about his health condition. Hang Chakra’s health condition could be the reason why he hesitates whether to continue his case to the Supreme court or to find an arrangement outside the legal system.

Hang Chakra is currently facing a severe case of flu and his health is seriously deteriorating, he is tired and lost a lot of weight, Hang Pisey, Hang Chakra’s daughter, indicated on Saturday. The situation worries very much Hang Pisey’s family.

Choun Chou-ngy, Hang Chakra’s defense lawyer, also indicated about his concern about his client’s health condition. According to Chuong Chou-ngy, doctors from the Licadho human rights group, visited Hang Chakra several times already and his family also bought medicines for him as well.

Hang Chakra is the 56-year-old editor-in-chief of the Khmer Machas Srok, a newspaper known to be opposing the government. He was sentenced by the Phnom Penh municipal court to 12 month in jail and he was order to pay 9 million riels ($2,250) in fine for publishing disinformation.

The government lawyer sued Hang Chakra after his newspaper published an article titled “Mr. Hun Sen breaks up the nest of officials close to Mr. Sok An.” The article was deemed as disinformation by the Council of Ministers, and it was considered as an article that incites the internal breakup of the government.

Hang Chakra lost his case twice already. On 11 August, the Appeal court decided to stay on the sentence handed down by the Phnom Penh municipal court. It is not yet known whether Hang Chakra will take his case to the Supreme court or not. Chuong Chou-ngy claimed that, as of now, his client has not decided yet.

Hang Chakra is hesitating whether to bring his case to the Supreme court or end the case through an arrangement outside the legal system. His health condition and the livelihood of his family are necessities that could force Hang Chankra to find a mean to get out of jail.

Hun Xen warns opposition from calling his autocratic regime a "dictatorship"

PM warns opposition of citing 'autocracy'

Thursday, 06 August 2009
Sam Rith
The Phnom Penh Post

PRIME Minister Hun Sen said Wednesday that any opposition member who calls Cambodia an "autocracy" will be met with a lawsuit by the Cambodian People's Party.

Speaking at a graduation ceremony at the National Institute of Education in Phnom Penh, the prime minister told opposition members to exercise "caution" when describing the Kingdom.

"Be cautious about using [the] improper language of dictatorship, for sometimes there will be legal action," Hun Sen said.

"This regime rules according to the constitutional monarchy and the principle of liberal democracy and pluralism," he said.

Hun Sen did not name particular opposition members, but referenced opposition in the Sam Rainsy Party.

Yim Sovann, a lawmaker and spokesperson for the SRP, said that the prime minister's comments amounted to another threat against members of the SRP and its parliamentarians.

He said that housing evictions by armed forces of the ruling party and the suppression of peaceful demonstrations "has never happened in a democratic country".

"I am not accusing the prime minister, but he may very well realise himself: What is the country's rule? Is it democracy or autocracy?" Yim Sovann said.

"Look at Thailand, whose citizens have enough rights to express their opinion by holding peaceful demonstrations. Such a culture is not allowed in Cambodia."