Cambodian lawmaker found guilty of defaming PM

August 4 2009
By Tim Johnston in Bangkok
Financial Times (UK)

A Cambodian court on Tuesday found opposition lawmaker Mu Sochua guilty of defaming Hun Sen, the prime minister, and fined her 16.5m riels ($4,000) sparking concern by human rights groups the government is using the judiciary to muzzle its opponents.

Ms Mu Sochua had called a press conference where she accused Mr Hun Sen of insulting her and all Cambodian women in a speech he gave in her constituency. She then sued the prime minister.

However, the courts threw out that case but allowed a counter-suit from the prime minister, who alleged that he had been defamed by Ms Mu Sochua’s comments.

The court in Phnom Penh on Tuesday upheld his complaint, fining Ms Mu Sochua 8m riels for defamation and awarding a further 8.5m riels in damages to Mr Hun Sen.

Ms Mu Sochua, a member of parliament who represents the opposition Sam Rainsy Party, said she would appeal.

“It was a foregone conclusion. I am not surprised, only sad – sad that the Cambodian people continue to live an existence where there is only justice for those with money and power,” she said after the verdict.

Human rights groups condemned the process even before the court reached its verdict.

''Considering the flaw in the justice system and the scheme to end the political activities of the opposition Member of Parliament, the Asian Human Rights Commission holds that Mu Sochua is denied her rights to a fair trial by an independent, competent and impartial tribunal duly established by law,'' the Hong Kong-based Asian Human Rights Commission said in a statement on Monday.

The Cambodian government has rejected the criticism. In a letter last week to the Financial Times, Hor Nambora, the Cambodian ambassador in London, said that the government and the country’s judicial system were entirely separate.

“By filing a formal complaint against Ms Mu Sochua, the prime minister has only exercised his legal rights in seeking to defend and protect his reputation,” Mr Hor Nambora said.

“Sadly to say that the quality of the professional standards and matured opposition parties in Cambodia is not always as high as it might be,” he said.

Ms Mu Sochua represented herself after her lawyer withdrew from the case in response to what she alleges was government pressure. She said she had no chance to speak in her defence on Tuesday.

Boby Hor's letter was more evidence that the CPP never admitted its faults: Yim Sovann

UK Embassy Upset by Financial Times Report

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
30 July 2009

Cambodia’s British Embassy sent a letter to the Financial Times Wednesday, criticizing the daily paper’s reporting earlier this week on a government crackdown on dissenters.

In an article headlined “Cambodia Cracks Down on Dissenters,” the London paper reported on an opposition newspaper’s closing, following the threat of a government lawsuit, as well as defamation cases against two opposition lawmakers.

“I think the internal affairs of a sovereign country cannot cause concern to other countries in the region,” British Ambassador Hor Nambora wrote the editors.

Regarding a legal suit brought by Prime Minister Hun Sen against opposition lawmaker Mu Sochua, Hor Nambora said the prime minister was within his legal right to “defend and protect his reputation.”

Koy Kuong, a spokesman of the Ministry of Foreign Affairs, said Wednesday he considered the publication of the Financial Times story an attack on “the honor of Cambodia.”

However, Yim Sovann, Sam Rainsy Party spokesman, said Wednesday the letter and statements were more evidence the ruling party Cambodian People’s Party never admitted its faults.

“I call on the government to recognize the truth and improve the situation of the country, to avoid the condemnation of international and Cambodian people,” he said.

Bark, Baby Hor, Bark, again ... 'cause Cambodia is a true DEMOCRAZY under Hun Xen

Response to The The Financial Times July 27, 2009

Mr. Barber
Number One Southwark Bridge
London SE1 9HL
GREAT BRITAIN

Dear Mr. Barber,

Re: “Cambodia cracks down on dissenters” written by Mr. Tim Johnston

I was disappointed by your coverage “Cambodia cracks down on dissenters” which appeared on 26 July‘s issue of the Financial Times and, it is a very serious damaging report which I totally refute. Also, I do not recognise your correspondent’s allegation that a domestic issue of a sovereign country could cause any concern in the region.

On the contrary, Cambodia is a democracy which is fully committed to creating a modern and responsible civil society and those plays an increasingly prominent role in the national and international affairs and, recently, as you are well aware; the United States announced that it would give $161 million in aid this year to lower Mekong countries, including Cambodia.

Mr. Tim Johnston would have been well aware that under Cambodia's 1992 penal code, it is a criminal offence to spread disinformation and publish allegations which are both libellous and defamatory. By filing a formal complaint against Mrs. Mu Sochua, the Prime Minister has only exercised his legal rights in seeking to defend and protect his reputation. This is really no different from the situation in the UK where individuals have the right to sue for slander or libel if they feel their reputation has been impugned or besmirched.

Sadly to say that the quality of the professional standards and matured opposition parties in Cambodia is not always as high as it might be. I also wish to make clear that the Royal Government of Cambodia is entirely separate from the country's judicial system and is not involved in its decisions in any way.

Your correspondent seems unable to distinguish between government's policies and voluntary activity conducted by some people affected by the syndrome of “Martyrdom” certainly under political pressure and the principled conduct of core policies of the Royal Government of Cambodia, in a manner that reflects the values of the growing society in its attention devoted to the Cambodian people and the social and economic environment.

Prime Minister Samdech Hun Sen stated that political stability and social security appeared to be the main factors of growing progress in the social and economic development in Cambodia. The people of Cambodia now benefit from an ever-improving legal framework; and you should be aware that Prime Minister Hun Sen is fully in favour of a free press and freedom of expression for all in Cambodia, including newspapers which represent rival parties and interest groups.

Democracy and human respect relies on education and the country's own culture and tradition, on generally well understood and supported by the people of Cambodia.

Certainly, there is a lot more discussion to come and I would welcome any occasion to challenge your correspondent on this issue. I appreciate if the content of this letter could be broadly circulated.


With kind regards







Hor Nambora
Ambassador of Cambodia to the Court of St James’s
London, United Kingdom