Sam Rainsy wants the KR Tribunal to take up Hor Nam Hong’s lawsuit

Hor Nam Hong (L) and Sam Rainsy (R)

Click here to read The Cambodia Daily article published in 2000 where eyewitnesses discussed about
Hor Nam Hong's role at the Boeung Trabek jail

Wednesday, April 30, 2008
Kampuchea Thmei newspaper
Translated from Khmer by Socheata

Opposition leader Sam Rainsy said that he has no confidence in the Phnom Penh municipal court, because, in the past, this court was criticized as being unfair. Therefore for the lawsuit brought against him by vice-prime minister Hor Nam Hong, Sam Rainsy wants the KR Tribunal to make a decision in this affair involving the Khmer Rouge regime. Sam Rainsy made this declaration to reporters at the Phnom Penh International Airport at his arrival in the morning of 29 April.

The Phnom Penh municipal court is speeding up Hor Nam Hong’s lawsuit against Sam Rainsy for “defamation and diffusion of false information” and it issued a summon for Ka Savuth, Hor Nam Hong’s defense lawyer, to come to the court to clarify his lawsuit case in the near future. Meanwhile, Sam Rainsy also arrived back in Cambodia, and he claimed that he would like the KR tribunal to take up Hor Nam Hong’s lawsuit, and that he is ready to face Hor Nam Hong in court.

Sam Rainsy told reporters in the morning of 29 April that what he said, he has proofs and witnesses, and that he was only repeating what King-Father Norodom Sihanouk said.

Sam Rainsy added: “Whatever I said, I have my basis and witnesses, and all what I was talking about, I am repeating what Samdech Preah Norodom Sihanouk was saying.” Sam Rainsy indicated that: “When the (former) king was sued by Hor Nam Hong in France, about 18-year ago, I, Sam Rainsy, helped King Norodom Sihanouk find a lawyer, I negotiated with the lawyer to prepare for Mr. Hor Nam Hong’s lawsuit in front of the French tribunal.”

Even though the first instance tribunal handed a defeat to King-Father, Sam Rainsy indicated that if the case was brought to appeal, King-Father would have won the case because at the first instance tribunal, no witnesses were found, but now, there are a lot of witnesses who knew what Hor Nam Hong did during that era.

Sam Rainsy told reporters that regarding Hor Nam Hong’s desire to have him apologize, he cannot apologize, and that, right now, he has prepared himself to face this lawsuit.

In the interview with reporters, Sam Rainsy did not show any of the proofs he received from overseas to face Hor Nam Hong’s lawsuit, besides saying that “if I am summoned to the court, then Samdech Preah Norodom Sihanouk must go there with Sam Rainsy, because I only repeated what SamDech Preah Norodom Sihanouk said only.”

At the same time, Sam Rainsy indicated that the issues which Hor Nam Hong used to sue him, took place under the KR regime, therefore the KR Tribunal should have jurisdiction over this lawsuit case, however, if the Phnom Penh municipal court is taking up this case instead, then he cannot accept it.

A source from the Phnom Penh municipal court indicated that Hor Nam Hong’s lawsuit against Sam Rainsy is moving forward, and the court issued a summon for Ka Savuth, Hor Nam Hong’s lawyer, to come to the court and clarify the lawsuit case on 05 May 2008. According to the topic of the lawsuit, Sam Rainsy could face jail sentence and lose the opportunity to participate in the upcoming 27 July 2008 election, should the court find him guilty. The same source indicated that, after Ka Savuth’s clarification, it will be Sam Rainsy’s turn.

Phnom Penh municipal court speeds up lawsuit against Sam Rainsy [-Another travesty of justice in the work]

Hor Nam Hong (L) and Sam Rainsy (R)

Tuesday, April 29, 2008
Rasmei Kampuchea
Translated from Khmer by Socheata

At the return of opposition leader Sam Rainsy to Phnom Penh on 29 April, he will be greeted by the speedup of the work by the Phnom Penh municipal court regarding the lawsuit brought up by Hor Nam Hong against him for diffusing false information and defamation.

A source from the Phnom Penh municipal court indicated that, at the beginning of May, the tribunal will summon Ka Savuth, Hor Nam Hong’s defense lawyer, and maybe on that same month, Sam Rainsy will also be called in for questioning by the court. A reliable source indicated that on 28 April, the Phnom Penh municipal court judge issued a summon for Hor Nam Hong’s lawyer to show up at the court on 05 May 2008 to defend his case against Sam Rainsy.

Ka Savuth sent a lawsuit to the Phnom Penh municipal court on 22 April 2008, suing Sam Rainsy for defamation and diffusion of the false information. Ka Savuth included with his lawsuit an article published by the Moneaksekar Khmer newspaper titled: “Sam Rainsy: Former Pol Pot’s advisor and secretary who was the Boeng Trabek jail chief is holding the title of senior minister and vice-prime minister”. The article was published on 18 April 2008 and it was the source of Hor Nam Hong’s lawsuit.

After receiving Hor Nam Hong’s lawsuit, Uk Savuth, the prosecutor of the Phnom Penh municipal court, forwarded it to Ek Chheng Huot, the deputy prosecutor to take measure according to the law. With this lawsuit, Ek Chheng Huot summoned Ka Savuth to come and defend his case, next, the court will summon Sam Rainsy to come to the court to answer questions also.

Mrs. Mu Sochua, SRP Deputy Secretary-general, provided Sam Rainsy’s standing, as well as that of the SRP, saying that this lawsuit involves the Khmer Rouge (regime). Because the Cambodian court has no expertise on the KR matter, that was why the KR Tribunal was formed, therefore, the latter tribunal should resolve this lawsuit. She said also that the SRP’s standing is that Sam Rainsy did not name anybody, it was the individual (Hor Nam Hong) who took it upon himself to accept Sam Rainsy’s statement. On the other hand, Sam Rainsy asks the KR Tribunal to help find justice for him, however, he did not ask this from the Cambodia tribunal.

Regarding the question as to whether Sam Rainsy will show up in court or not if he will be summoned, Mrs. Mu Sochua said that when there will be an official summon, Sam Rainsy never backs out.

It should be noted that if the court finds Sam Rainsy guilty as accused, he could face jail sentence between 6 months to 3 years, and he could be fined between 1 million riels ($250) to 10 million riels ($2,500), or he could receive either one of the sentence described above, based on Article 62 of the UNTAC-era criminal code about diffusing false information.