Immunity Lift Should Not Be Used: Researcher

Dr. Lao Mong Hay (Photo: RFA)

By Sok Khemara, VOA Khmer
Original report from Washington
24 February 2009

A proposal to lift the immunity of opposition leader Sam Rainsy should not be used in a case over unpaid election fines, a senior rights official said Monday.

“The method of lifting immunity should not be used in this case,” said Lao Monghay, a researcher at the Hong Kong-based Asian Human Rights Commission. “There will be public concern, especially among opposition supporters.”

The National Election Committee has ordered Sam Rainsy to pay 10 million riel, or $2,500, in fines, following remarks about the ruling Cambodian People’s Party during campaigning last year, but the opposition leader has refused to pay.

Justice officials are considering a request to lift his parliamentary immunity in the National Assembly over the refusal.

However, Lao Monghay said the case was civil, and refusal to pay should lead to the seizure of property, not a penal prosecution.

He disagreed with a Sam Rainsy proposal to seek a pardon from the king if an appeal over the fines fails in the Supreme Court, saying it would be unfair to others who face similar charges.

CPP lawmaker Cheam Yiep said Monday he had not seen a proposal to lift Sam Rainsy’s immunity yet, but said if Sam Rainsy paid the fine, the matter would be over.

Sam Rainsy is not worried about immunity lifting attempt

Monday, February 23, 2009
Everyday.com.kh
Translated from Khmer by Socheata

Opposition leader Sam Rainsy, whom the Phnom Penh municipal court asked to lift his parliamentary immunity because he did not pay the fine imposed on him by the National Election Committee (NEC), said that he is not worried about this attempt. He told The Cambodia Daily on Sunday that, he does not pay attention on the information about this attempt: “I am not worried about my parliamentary immunity lifting, the National Assembly meeting session is more valuable to me than the fine imposed on me.” He added that he will pay the fine to the NEC if it still insists on having him paid it off even though he is still legally fighting this court case. CPP MP Cheam Yiep said that as a MP, Sam Rainsy should pay the fine to the NEC, if he does not pay the fine, he should not contravene the law. Cheam Yiep told The Cambodia Daily that the NA must lift Sam Rainsy’s immunity to force him to pay his fine.

Sam Rainsy Could Face Immunity Battle [-More travesty of justice in the work by Hun Sen Inc.]

Opposition leader Sam Rainsy (Photo: Eurasie)

By Sok Khemara, VOA Khmer
Original report from Washington
20 February 2009

Cambodian justice officials have proposed the suspension of parliamentary immunity for opposition leader Sam Rainsy, who has refused to pay a fine levied by the National Election Committee over allegedly disparaging remarks toward ruling party leaders.

Sam Rainsy has said he will not pay the 10 million riel, or $2,500, fine, but will appeal to the Supreme Court to have charges dropped against him. The NEC and the Constitutional Council both found Sam Rainsy in violation of election laws for remarks he made during the 2008 campaign.

However, government officials speaking on conditions of anonymity say a proposal to lift the opposition lawmaker’s immunity has been forwarded to the Ministry of Justice, which is planning to forward it to the National Assembly in coming days.

The ruling Cambodian People’s Party won a vast majority of National Assembly seats in the July 2008 election, which would allow voting along party lines to lift the immunity.

Sok Roeun, a deputy prosecutor for Phnom Penh Municipal Court, would not discuss Sam Rainsy’s immunity Thursday, but said if the opposition leader doesn’t pay his fines, the courts will take legal action. Asked what that action would be, he declined further comment and hung up the phone.

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.