Additional criticism from Mrs. Mu Sochua on the court and the ruling party

Mrs. Mu Sochua (Photo: Sovannara, RFI)

18 July 2010
By Sopheak
Cambodia Express News
Translated from Khmer by Socheata

Phnom Penh – During a meeting with SRP party activists in Boeung Salang commune, Tuol Kok district, Phnom Penh city, on 17 July 2010, Kampot SRP MP Mu Sochua – who lost her parliamentary immunity – criticized the judicial system and the CPP, saying that they took a step back by not daring to arrest and send her to jail even though the ultimatum for her to pay her fine and compensation has passed.

Mrs. Mu Sochua said that she is still preserving her stance of not being afraid, and of not paying anything to the court. Regarding the request made by Hun Xen’s lawyer for the court to impound her parliamentary salary, her stance remains the same, i.e. she refuses to pay still because the court in not independent and it only serves as a political tool [of the ruling party]. At the same time, Mrs. Mu Sochua also criticized the Supreme Magistracy Council presided by King Sihamoni, saying that this institution has no power on the judicial system, and in fact, the power to control the judicial system resides within the ruling party.

Tith Sothea, government advisor and mouthpiece of the Press and Quick Reaction Unit (PQRU) of the council of ministers, reacted to the criticisms leveled by Mrs. Mu Sochua, saying that the court is pursuing its legal measures. The court is putting into practice the legal measures to strengthen the rule of law and the action taken by Mrs. Mu Sochus to oppose the court bears no result because she is a convicted person.

In the afternoon of 17 July, William Burns, the US Under-Secretary of State, visited Cambodia and he also met with opposition officials at the US embassy. During the meeting, Mrs. Mu Sochua told reporters that the SRP raised a number of important issues with William Burns, such as: pushing for the signatory countries of the 23 October 1991 Paris Agreement – which the US is part of – to enforce full democratic process and full respect of human rights in Cambodia; bringing in reforms needed for the judicial system so that it becomes an independent institution that is respected by the people; and reforms in the election system in Cambodia to achieve true independence of this institution by allowing the participation of the opposition party leader in the election process, and by holding truly democratic election.

Basic freedoms restricted in Cambodia: Surya Subedi

Surya Subedi (Photo: Reuters)

Basic freedoms restricted in Cambodia, UN rights expert reports

Source: UN News Centre

1 October 2009 – An independent United Nations expert today voiced concern about the human rights situation in Cambodia, noting in particular that the judiciary is not as independent as it should be and the basic freedoms of expression and assembly are being restricted.

Reporting to the UN Human Rights Council, Surya Subedi called for improvements to the overall human rights situation in the South-East Asian nation.

“The rule of law is weak in the country. The judiciary is not as independent as it should be. Some of the core political rights such as the freedom of expression and peaceful assembly have been undermined,” said the Special Rapporteur on the situation of human rights in Cambodia.

Mr. Subedi noted that the country’s defamation laws have gone beyond what is a permissible level of restriction on freedom of expression under the 1966 International Covenant on Civil and Political Rights to which Cambodia is a party.

He added that the spirit of the provisions guaranteeing freedom of speech in international human rights treaties is to treat any matters relating to restrictions on such freedom, including defamation issues, under civil law rather than criminal law unless such matters are of a grave nature and pose a threat to national security or public order.

Also of concern is the issue of impunity and land evictions, which he said have not been addressed as thoroughly as they should be.

Nevertheless, he said he is encouraged by the fact that the Government is willing to constructively engage with him and other UN human rights entities, calling it “a major step in the right direction.”

He added that the Council should encourage the Government to take concrete action to implement its obligations under various human rights treaties under a strict timeframe.

Mr. Subedi, like all Special Rapporteurs, carries out his mandate in an independent and unpaid capacity, and reports to the Geneva-based Human Rights Council.

New UN rights envoy to Cambodia pledges 'constructive' talks

United Nations Special Rapporteur for Human Rights Surya Subedi speaks to the media during a news conference in Phnom Penh June 25, 2009 after paying a 10-day official visit to Cambodia. REUTERS/Chor Sokunthea

Friday, June 26, 2009

PHNOM PENH (AFP) — The new UN special envoy for human rights to Cambodia on Thursday pledged a "constructive approach" as he replaced his predecessor, who resigned after a long war of words with the government.

Surya Subedi levelled no direct criticism of the Cambodian government's poor human rights record as he concluded his first trip to the country.

"I'm hoping to build on the work done by my predecessors," Subedi told reporters at a press conference, adding, "I have my own style, and that style will be a constructive one."

Prime Minister Hun Sen called the envoy's predecessor, Yash Ghai, rude, stupid and a "god without virtue". The Kenyan lawyer resigned in September after government officials refused to meet him.

Subedi told reporters he met Hun Sen, other government officials, opposition and civil society members during his 10-day visit to Cambodia.

On his meeting with Hun Sen, Subedi said: "What I can assure you is that there was a willingness to work with me in a constructive manner, and I was pleased with that."

The Nepalese law professor, who will issue a report on his trip to the UN's Human Rights Council, said the independence of Cambodia's judiciary and people being forcibly evicted from their homes were among his chief concerns.

Rights Problems Remain: UN Envoy

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
25 June 2009

Cambodians still struggle with land disputes and displacement, while the three branches of government remain entangled, the UN’s special human rights envoy to Cambodia told reporters Thursday.

Surya Subedi was in Cambodia for 10 days to assess the human rights conditions in Cambodia, in his first visit to the country. While recognizing some progress, he said non-governmental agencies needed to be strengthened to properly monitor government activities.

Work was needed to strengthen the rule of law, clearly separate the power between the three branches of government and to protect the independence of the judiciary, he said.

“Addressing issues such as impunity, conflicts over land and control of corruption will contribute to the building of a more stable democratic nation and equitable prosperity in the country,” he said.

Government spokesman Khieu Kanharith said the remarks of the rights representative were “more positive” than his predecessor, Yash Ghai, whose relationship with the government severely deteriorated after strong remarks about rights abuses.

The government was working on reforming the judiciary and curbing land grabbing, he said.

Ou Vireak, president of the Cambodian Center for Human Rights, agreed with Subedi’s remarks, saying Cambodia’s judiciary remained unreformed and land issues continue to loom large.

Surya Subedi, the United Nations Special Rapporteur for Human Rights in Cambodia, holds a press conference in Phnom Penh, Cambodia, Thursday, June 25, 2009. Surya Subedi is on a ten day official visit to Cambodia, which June 15-25, 2009.

New UN human rights envoy to Cambodia targets "serious shortcomings"

Thu, 06/25/2009
DPA

Phnom Penh - The United Nations' new human rights envoy to Cambodia said Thursday he believed the government was willing to move on from its strained relationship with his predecessor and address a number of "serious shortcomings" in the country's rights record.

At the end of his first two-week visit, Surya Subedi, special rapporteur for human rights in Cambodia, said establishing an independent judiciary and ensuring freedom of expression were two crucial steps in the path towards democratization.

"This is a country that has so many human rights issues and I would like to cooperate with the government in this respect," he said. "In my discussions I found that senior ministers recognized there were some shortcomings and room for improvement."

His predecessor, Yash Ghai, resigned from the post in frustration in September, citing a lack of support from the Cambodian government amid a series of personal attacks by Prime Minister Hun Sen.

But Subedi, a Nepali national who was previously professor of international and human rights law at Leeds University in Britain, said his two-hour meeting with the prime minister was "highly constructive."

"We discussed the possibility of putting in place new institutions to ensure human rights standards," he said. "There was a willingness to work with me in a concerted manner."

The UN Office of the High Commission for Human Rights appointed Subedi to the post in March.

Subedi said at a press conference Thursday that forced land evictions, corruption and the lack of an independent judiciary were among his most serious concerns but he declined to go into detail about specific human rights issues.