Appeal Court Ruling [in Mu Sochua's case] a Mockery of Justice: SRP MPs

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October 28, 2009

Appeal Court Ruling a Mockery of Justice

“[The IPU] observes with deep concern that the decisions such as those in question may have a dampening effect on the ability of members of parliament and, even more so, of citizens to criticize the conduct of government officials and hence may detract from democratic debate…” - Resolution adopted by consensus by the IPU Governing Council at its 185th session (Geneva, 21 October 2009)

PHNOM PENH – October 28, 2009

We, Members of Parliament of the Sam Rainsy Party strongly denounce the ruling of the Appeal Court today, which upheld the defamation conviction of MP, Mu Sochua. The Court’s decision confirms that there is no rule of law in Cambodia when a person dares to challenge the government.

The Appeal Court, ignoring principles of fair trial, blindly affirmed the decision of the municipal court: the accused was denied her rights to be represented by a lawyer of her choice, and to be judged by an independent and impartial tribunal.

Last week, the Geneva-based Inter-Parliamentary Union (IPU) adopted a resolution on this case, finding that “the threat of disbarment of [Mu Sochua’s] lawyer, which forced him to withdraw from the case, violated her right to counsel of her choice…whatever may have been the reasons for [his] withdrawal….” The IPU further concluded that “it is difficult to accept the argument of the authorities that no link exists between the risk of his being disbarred from the Bar Association and his having taken on Mu Sochua’s defence…”

The lack of reforms of the judiciary in Cambodia and the direct manipulation of the justice system by the executive branch must be condemned and immediate steps must be taken to allow judges and lawyers to exercise their roles and functions according to the rule of law and the principle of independence of judges and lawyers.

We acknowledge and highly value the presence of all local and international human rights organizations during the hearing today, and we call on civil society and the international community to continue their vigilance of the current surge of defamation cases against dissenting voices, and partisan political pressure on the judiciary.

The government must be held accountable to deliver clear results in the reforms of the judiciary and its commitment to democratic principles. Such manipulation of the judiciary to silence critics is a serious attack of people’s rights under the Constitution and international law, and can not be tolerated in a free society.

The full version of the IPU Resolution can be found at http://ki-media.blogspot.com/2009/10/ipu-resolution-regarding-mrs-mu-sochuas.html.

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4 August 2009 – Another Dark Day For Justice And Democracy In Cambodia

Cambodian Center for Human Rights

PRESS RELEASE
Phnom Penh - 7 August 2009

4 AUGUST 2009 – ANOTHER DARK DAY FOR JUSTICE AND DEMOCRACY IN CAMBODIA

The Cambodian Center for Human Rights (CCHR) regrets the verdict of the Phnom Penh Municipal Court on 4 August 2009 in the case of Sam Rainsy Party (SRP) lawmaker Mu Sochua, and condemns the police’s treatment of SRP members and supporters that followed this verdict. This verdict provides further proof that the Cambodian judiciary is a political tool of the Royal Government of Cambodia (RGC) used to silence opposition voices. Moreover, the violent scenes that followed the verdict are testament to the RGC’s hostility towards democracy and the freedoms of expression and assembly.

The verdict against Mu Sochua was the culmination of four months of political strong arming by Prime Minister Hun Sen, during which time Cambodians and the international community were given the opportunity to witness the extent to which the Cambodian judiciary and legal system is under the control of the RGC. During this period a campaign against the pillars of democracy; lawyers, politicians, journalists and NGOs, has been conducted through the medium of the Cambodian Court system with charges of criminal defamation, disinformation and incitement being initiated against, to name just a few; Hang Chakra, Soung Sophorn, Moueng Sonn, Dam Sith and Ho Vann.

On 24 July 2009 Mu Sochua stood before the Phnom Penh Municipal Court with no legal representation, her original lawyer having withdrawn from the case as a result of threatened disciplinary action against him by the Bar Association of Cambodia. In her opening statement and closing remarks, Mu Sochua called on the Municipal Court to prove its independence and to avoid making a political decision. The SRP parliamentarian exercised her right to silence when questioned by the Presiding Judge, the Prosecution and the Civil Party Lawyer, seemingly protesting against her lack of legal representation. Article 14 of the International Covenant on Civil and Political Rights, which is part of Cambodian law by virtue of the Constitution, guarantees the right to a lawyer of one’s own choosing, a right that had already been denied in this case.

On 4 August 2009, the Phnom Penh Municipal Court delivered its verdict finding Mu Sochua guilty of having defamed Prime Minister Hun Sen and sentencing her to pay a fine of 8 ½ million riel and a further 8 million riel in compensation. This verdict represents a nadir for the Cambodian political and judicial systems and any supposed separation thereof.

Upon hearing the verdict, Mu Sochua and her followers attempted to walk to the SRP headquarters on Sothearos Boulevard. The scenes of violence that followed, whereby members of the various police forces that were present attempted to intervene and prevent a peaceful march, evince an absolute disregard for democracy and the freedoms of assembly and expression. During these scenes the following incidences are reported to have occurred:

• Mr. Chan Cheng, 52, SRP lawmaker in Kandal province was first hit with a baton by a policeman at the corner of Olympic Market, and later kicked in the chest in front of Langka pagoda;
• Mr. Yon Tharo, another SRP lawmaker, was hit three times with a police baton;
• Ms. Mu Sochua’s hair was pulled, and she received bruises and cuts to her body;
• Ms. Seng Theary, former Executive Director of the Center for Social Development, was forcibly removed from the crowd;
• Mr. Seng Cher, 45, from Kandal province and Mr. Ly Ne, 33, were arrested and released one hour later.
• Mr. Yon Tharo’s bodyguard was also arrested. Before his arrest, he was hit on the head, kicked and kneed by up to 10 police officers. He has since been released.
• Ho Sirin, 42, SRP activist was grabbed by the throat, kicked and kneed. He said a policeman in black uniform flashed a gun at him so he decided to stay still.
• An old woman, aged 70, was beaten from behind on her back and around her waist.

The violent scenes of 4 August 2009 that followed a politically motivated verdict by the Phnom Penh Municipal Court capped what will be long remembered as another dark day for justice and democracy in Cambodia. The CCHR regrets the verdict and condemns the manner in which the police handled a peaceful procession.

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

Sam Rainsy facing police on 04 August 2009

Mu Sochua not to negotiate with the gov’t over her immunity

Mrs. Mu Sochua raised a lit candle during a press conference held the SRP headquarters in Phnom Pen on 04 August 2009 (Photo: Zakariya, RFA)

04 August 2009
Zakariya
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

On 04 August, Mrs. Mu Sochua indicated that she and the SRP still maintain their stance of not negotiating with the government in exchange for the return of her parliamentary immunity.

Mrs. Mu Sochua made this declaration during a press conference at the SRP headquarters following the announcement of her verdict in Phnom Penh. The press conference was attended by both national and international reporters. Mrs. Mu Sochua commented that she is asking for an end to the culture of begging for pardon from the government, and she would rather see that the court provides justice to her instead.

Mrs. Mu Sochua said: “The judge said that Mrs. Kong Sam Onn [Mu Sochua’s former defense lawyer] was let go because he begged for pardon. As for me, if it is done according to the law, the [guilty] verdict should be handed down to the guilty party. The verdict should be done according to the law, not according the begging for pardon.”

Clash between cops and Mrs. Mu Sochua’s supporters

Following the guilty verdict handed down to Mrs. Mu Sochua, and the 16.5 million riels fine imposed on her, opposition leader Sam Rainsy and a number of other SRP MPs, as well as about 200 other people started to march from the Phnom Penh municipal court to the SRP headquarters. During the march, a brawl took place with armed cops along the marching route and violence took place to oppose the march.

Sam Rainsy condemned the hundreds of cops who used violence on the peaceful march, calling the cop action a serious violation of human rights.

Sam Rainsy said: “They do not allow people to use their rights, this action is condemned by freedom-loving people and by democratic people.”

Ho Sirin, a SRP activist, was beaten by the cops when he was trying to protect Mrs. Mu Sochua during the police brawl. He said: “The cops pushed Mrs. Mu Sochua, I pushed one of them out, he was angry with me and he kicked me. The cops came back to her again, I pushed them back again, then about 20-30 cops came to strangle me.”

Ong Yentieng, government spokesman and chairman of the government human right commits, declined not comment in this brawl case. He indicated that he was busy in a meeting. RFA could not reach any other government officials to obtain clarification on this issue.

A joint SRP and HRP statement was issued, it rejected the verdict handed down to Mrs. Mu Sochua by the PPenh municipal court on 04 August.

In this statement, the opposition parties also called on the international community to continue paying attention and to follow up on the situation in order to prevent the use of the defamation [lawsuit] and the judicial system to crack down critics. The opposition also called on the international community to push the government to apply with fruitful results the judicial reform and it must also force the government to apply all the principles of plural democracy.