Sam Rainsy paid off his fine

27 Feb 2009
By Pen Bona
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French

Sam Rainsy, President of the opposition leader bearing his name, finally accepted to pay off the 10 million riels ($2,500) fine to the National Election Committee (NEC).

The payoff was done in the evening of Thursday 26 Feb, at the NEC headquarters, soon after the lifting of Sam Rainsy’s parliamentary immunity by the National Assembly permanent committee, following the request made by the ministry of Justice.

According to the receipt, made publicly available on 27 Feb the SRP, the payment was taken care of by Kuoy Bunroeun, the SRP representative, and the receipt was provided by Keo Phalla, the NEC representative. On his end, Tep Nitha, the NEC secretary-general, declared the receipt of this payment and that the NEC will withdraw its lawsuit against the opposition leader.

Sam Rainsy was sentenced by the NEC to pay a 10 million riels fine for disparaging the CPP leaders during the July 2008 general election. The sentence was confirmed by the Constitutional Council. Sam Rainsy, who considers himself a “victim” of injustice, had refused to pay off this fine, saying that he wanted to fight it off through all means available to him.

The NEC then sued Sam Rainsy at the Phnom Penh municipal court, asking the latter to sanction Sam Rainsy, an action that would require the lifting of Sam Rainsy’s parliamentary immunity. Finally, Sam Rainsy accepted to pay it off in order to end this affair.

Hun Sen threatens to lift Sam Rainsy's immunity

Sam Rainsy speaks at a recent press conference in Phnom Penh. (Photo by: HENG CHIVOAN)

Wednesday, 25 February 2009
Written by Meas Sokchea
The Phnom Penh Post

"But the law states that everyone has the right to appeal" - Heang Rithy

In remarks at the National Institute of Education, he urges Sam Rainsy to pay a fine levied by the country's election body.

PRIME Minister Hun Sen on Tuesday warned opposition leader Sam Rainsy that he could be stripped of his parliamentary immunity unless he paid a fine levied by the country's election body.

Sam Rainsy was fined 10 million riel (US$2,400) by the National Election Committee (NEC) for making derogatory remarks about Cambodian People's Party (CPP) leaders during last year's general election. That decision has been upheld by the Constitutional Council and by the Phnom Penh Municipal Court.

Lifting Sam Rainsy's immunity would require a two-thirds vote in the National Assembly, a potentially easy task for Hun Sen's CPP, which holds 90 of 123 parliamentary seats.

"Clearly, it will not be difficult to lobby two-thirds of the votes to lift [your] immunity," Hun Sen said during remarks at the National Institute of Education. "If you are concerned, then you should pay the money and your immunity won't be lifted."

Sam Rainsy told the Post Tuesday that he would pay the fine provided it was upheld by higher courts. He said the Constitutional Council and NEC could only rule on election-related issues and could not rule on a penal case.

Sam Rainsy said Hun Sen's threat to use the National Assembly to enforce the fine pointed to a lack of checks and balances in the Kingdom.

The president of the Cambodian National Research Organisation, Heang Rithy, said Sam Rainsy is legally entitled to appeal to higher courts.

Had the NEC not put the case before the Municipal Court to validate the fine, Heang Rithy said, the Constitutional Council's decision would have been final.

"But the law states that everyone has the right to appeal," Heang Rithy said.

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.

Astronomical inflation data conveniently withheld before election

Chhay Than, CPP minister of Planning

03 Feb 2009
KI-Media

The Cambodia Daily reported in today’s edition that Chhay Than, the minister of Planning, admitted that he intentional withheld inflation data from last year, because his ministry “did not want high prices to have an effect on the July 2008 national election.”

In fact, the actual inflation rate from January 2007 to 2008 was 183%, therefore CPI reports were suppressed in the following six months, especially when the inflation was at its peak during the election period. “We just wanted to keep the good feeling [of citizens] before the election and avoid the wrongful interpretation of politicians … We wanted a positive number for the people,” CPP minister Chhay Than was quoted by The Cambodia Daily as saying. “This is not the government’s intention to hide inflation,” the minister added. The World Bank indicated that inflation hit a record high of 25.7% in May 2008, slightly prior to the election.

According to local media, Khieu Kanharith, the CPP minister of Information, also admitted that the government suspended the publication of inflation data so that it would not reflect poorly on the ruling CPP government. Arjun Goswami, ADB country representative, criticized the lack of transparency in the presentation of statistics by the government. Sam Rainsy blasted the government’s decision to withhold inflation data as being “irresponsible” and a poor adherence to democratic principles.

Sam Rainsy seeks delay in NEC suit [-A case of selective justice by the Phnom Penh Municipal court?]

Thursday, 22 January 2009
Written by Meas Sokchea
The Phnom Penh Post

Criticises court for no action on his CPP suit

OPPOSITION leader Sam Rainsy on Wednesday said he would seek to postpone a lawsuit brought against him by the National Election Committee (NEC), claiming that his busy schedule would not allow him to appear in court.

The election committee fined the SRP president for making derogatory remarks about the leaders of the ruling Cambodian People's Party during national elections in July last year.

Sam Rainsy said he would be speaking to his lawyer about a delay, adding that he could not explain why the Municipal Court was only acting on one side of the issue.

Selective justice?

"Why hasn't the court taken action on the SRP lawsuit against the NEC and commune chiefs and leaders of the Cambodian People's Party for voting irregularities during the national election?" he asked.

"This is a big issue, and we have lodged a complaint with the court, but it has taken no action except to bring the NEC lawsuit against me," he said.

Sam Rainsy was subpoenaed by the Municipal Court earlier this month and ordered to appear on Tuesday to pay a fine of 10 million riels (US$2,391).

Ouk Savuth, chief prosecutor at the court, told the Post Wednesday that he was acting in strict accordance with the laws of Cambodia in proceeding with the lawsuit.

He added that the court will take action on all legal complaints but could offer no indication of when or if the court would hear Sam Rainsy's case against the NEC.

Sam Rainsy Summoned Over Election Fine

Sam Rainsy during the 2008 election campaign (Photo: AP)

Global Witness' famliy tree of corrupt Cambodian officials that the NEC forgot to read

By Heng Reaksmey, VOA Khmer
Phnom Penh
20 January 2009

Phnom Penh Municipal Court issued a summons letter to opposition leader Sam Rainsy, who faces a fine of 10 million riel, or about $2,500, to the National Election Committee for remarks made during the campaign period of July’s national election.

The summons, which Sam Rainsy received Tuesday, requires the leader to appear in court on Feb. 27.

Officials of the ruling Cambodian People’s Party accused Sam Rainsy of breaking the election law by calling them corrupt and accusing them of illegal logging during speeches made in the campaign. The NEC then fined Sam Rainsy 10 million riel, and the Constitutional Council denied an appeal by Sam Rainsy.

The NEC filed a suit against Sam Rainsy in Phnom Penh court in December.

Sam Rainsy told VOA Khmer Tuesday he might not appear in court, which he accused as biased against him and incapable of finding a solution of his own complaints against NEC abuse of election laws.

“I did not lash out at leaders of the CPP,” he said. “What I said during the electoral campaign was a direct quote from Global Witness. If the courts want to summon me, why don’t they summon Global Witness.”

The environmental monitor Global Witness issued a report in 2007 linking many high-ranking officials to illegal logging and to Prime Minister Hun Sen and his family.

The report, “Cambodia’s Family Trees,” was subsequently banned in Cambodia.

NEC Sectretary-General Tep Nitha said Tuesday that seven other people who had been fined during the campaign had paid already. Sam Rainsy, the only other person fined during the campaign, is the only one who has not paid, Tep Nitha said.

“I gave him several months to pay the 10 million riel fine from NEC, but now I cannot wait anymore,” he said. “The NEC had to send this case to Phnom Penh court to find justice.”

"Phnom Penh prosecutor Ouk Savuth said Tuesday that if Sam Rainsy does not appear in court, “we will take legal action.”

SRP taken to court over NEC fines

Monday, 22 December 2008
Written by Neth Pheaktra and Georgia Wilkins
The Phnom Penh Post

THE National Election Committee has filed a complaint to the Phnom Penh Municipal Court against opposition Sam Rainsy Party President Sam Rainsy for failing to pay the court a 10 million riel (US$2,500) fine, officials told the Post Sunday.

The electoral committee fined the party president for making derogatory remarks towards members of the ruling Cambodian People's Party (CPP) during the election earlier this year.

"The NEC sent the complaint against opposition president Sam Rainsy to Phnom Penh Municipal Court on Friday," Tep Nytha, NEC secretary general, told the Post Sunday.

"It's a last resort for NEC to lodge a lawsuit.... NEC sent a letter directly to President Sam Rainsy and requested intervention from the National Assembly to cut his salary, but these two processes failed," he said.

SRP 'not worried'

Son Chhay, lawmaker and spokesman for the SRP, said that the popular opposition leader had no qualms in taking his argument to court.

"Sam Rainsy does not worry at all about this recent decision. He has not done anything wrong. He would like the opportunity to explain to the court why this judgement was not fairly done," he told the Post Sunday.

Khmer Intelligence News - 16 December 2008

16 December 2008

All Korean-conducted land development projects have been stopped (2)

Over the last few years the most grandiose land development projects have been conducted by not-so-well-known companies from South Korea. Because of the fallout from the global financial crisis and a serious downward revision of Cambodia's economic prospects coupled with the sharp fall in land prices, the cash-strapped Korean companies have abandoned all their projects in Cambodia. These include mega projects such as CamKo City in the North of Phnom Penh (only one tranche out of four will be completed), the 42-storey Golden Tower on Monivong Boulevard, and International Financial Complex on Sothearos Boulevard, next to the Russian Embassy. The concerned companies keep denying their decision to leave Cambodia in order to avoid a panic from customers who have "bought" their to-be-built houses or condominiums and made down payments, but works on the spot have practically come to a standstill.

Top managers of Hong Kong-based Tak Fat company are in hiding in Cambodia (2)

In addition to "Garment manufacturer Tack Fat has gone bankrupt" as published by Khmer Intelligence News on 13 October 2008, we have learned that the company's top managers are now in hiding in Cambodia to escape prosecution in Hong Kong. Shareholders have been swindled and the unscrupulous managers have fled to Cambodia with the company's cash. Criminals who can pay bribes, or are financial cronies, to Cambodia's political leaders enjoy impunity in this country. The wife of a powerful man here holds a significant stake in Tak Fat's Cambodian subsidiary, which used to provide the mother company in Hong Kong with fake certificates of origin, with the complicity of the Ministry of Commerce, allowing fraudulent garment exports from China to the USA using the label "Made in Cambodia."

Gasoline price to decrease from 3,200 riels to 2,800 riels per liter (3)

Crude oil price on the international market is now at US$44 per barrel (1 barrel = 159 liters), down 70 percent from a peak of US$147 a barrel on July 11, 2008. At that time, the retail price of gasoline in Cambodia was 5,600 riels per liter. It should now drop to 2,800 riels per liter (- 50 percent from its highest level), instead of 3,200 riels now, if Cambodian gasoline distribution companies were to pass on to consumers the recent decrease in their supply cost as reflected in the fall in international crude oil price. The exchange rate has remained practically unchanged over the last 18 months with US$1 being equivalent to approximately 4,060 riels.

CPP would lose their two-thirds majority with UNTAC formula (1)

Cambodia has implemented a proportional representation system for all elections hold over the last fifteen years. In the UN-organized election in 1993, UNTAC used the greatest-remainder formula. But since 1998, the CPP authorities have arbitrarily and surreptitiously switched to the largest-average formula, which favours large political parties. Minor parties generally fare better under the greatest-remainder formula than under the largest-average formula.

If the greatest-remainder formula (known as UNTAC formula in Cambodia) were used for the last July 2008 election, the results in terms of National Assembly seats allocated to each party would be as follows:

- CPP: down from 90 to 76 (minus 14 seats lost to SRP, HRP, FCP and NRP).

- SRP: up from 26 to 29 (3 extra seats won from CPP in Prey Veng, Pursat and Svay Rieng provinces).

- HRP: up from 3 to 7 (4 extra seats won from CPP in Phnom Penh and in Kampong Cham, Kampong Speu and Takeo provinces).

- FCP: up from 2 to 6 (4 extra seats won from CPP in Battambang, Kampong Cham, Kampong Chhnang and Siem Reap provinces).

- NRP: up from 2 to 5 (3 extra seats won from CPP in Kampong Thom, Kampot and Kandal provinces).

The CPP would have been unable to secure their current two-thirds majority (over 82 seats out of 123) in the National Assembly.

Hor Namhong's revelations to the French Court (2)

In relation to the defamation lawsuit he has filed against opposition leader Sam Rainsy before the French Court (details at http://tinyurl.com/6d6an5) Foreign Minister Hor Namhong gave interesting information to French judges at a public hearing in Paris on December 9.

Asked why several members of the royal family, including retired King Norodom Sihanouk and former prisoners, have complained about his behaviour as "chief" of the Khmer Rouge Boeng Trabek re-education camp in 1977-1978, he replied this was because of "rivalries" among prisoners. He therefore acknowledged that the situation was more complex than what he first admitted (the "bad" Khmer Rouge on the one hand and the "good" prisoners on the other). He first denied that denunciations by a prisoner of another prisoner could lead to the second one being "taken away" by the Khmer Rouge, but he subsequently admitted that, through denunciations, he could have eliminated all his "rivals", implying he did manage to eliminate at least some of them.

Another revelation made by Hor Namhong: all those, especially journalists, who have alleged in Cambodia that he had been involved in any wrongdoings, could get away with the Cambodian Court only by fleeing the country, like American reporter Kelly McEvers from The Cambodia Daily, or by making apologies to him, like McEvers's Cambodian colleague Thet Sambath and opposition journalist Dam Sith. He accused The Cambodia Daily of being "pro-opposition."

See also Khmer Intelligence News dated 10 October 2008: "Hor Namhong gave false information about Princess Nanette and Prince Sisowath Methavy."

KHMER INTELLIGENCE NEWS - 10 October 2008

Hor Namhong gave false information about Princess Nanette and Prince Sisowath Methavy (2)

French weekly Le Journal du Dimanche, July 23, 1989, quoted [then Prince now] King Father Norodom Sihanouk as declaring, "Hor Nam Hong, former commander of a Khmer Rouge concentration camp [Boeng Trabek detention camp], is responsible for the death, after atrocious tortures, of many former members of the anti-American Resistance, such as my cousin Prince Sisowath Methavy, and his spouse [Princess Nanette], the elder sister of my wife [now Queen Mother Norodom Monineath Sihanouk]."

Princess Sisowath Nanette arrived at Boeng Trabek camp in October 1977, directly from France, to join her husband Prince Sisowath Methavy who had returned to Cambodia since 1976, only one year after the Khmer Rouge take over. Following a short stay in Chraing Chamres, Prince Methavy was sent to Boeng Trabek camp in February 1977. Princess Nanette actually lived in Boeng Trabek camp for only six months before she and her husband were taken away to be executed in April 1978. This is confirmed by many surviving prisoners from the three sections of Boeng Trabek camp (B30, B31 and B32), who all confirm that they last saw Princess Nanette and her husband around the Cambodian New Year that took place in April 1978.

In an interview published in Khmer-language newspaper Rasmei Kampuchea, April 23, 2008, Hor Nam Hong says the Sisowath couple lived with him "until the end of 1978" before being taken away and killed by the Khmer Rouge. However, surviving witnesses say that the Khmer Rouge had stopped taking away and killing Boeng Trabek prisoners since August-September 1978, when living conditions suddenly started to improve as the Pol Pot regime tried to mobilize all Cambodian forces to counter increasing pressure from Vietnamese troops.

The late CPP Justice Minister Chem Sgnuon, who was detained at Boeng Trabek camp until Vietnamese troops arrived in January 1979, used to tell many people how cruel Hor Nam Hong was when he was the Khmer Rouge-appointed camp chief. Chem Snguon avoided talking with Hor Nam Hong because of this bitter past.

KHMER INTELLIGENCE NEWS - 13 October 2008

Garment manufacturer Tack Fat has gone bankrupt (1)

The Hong Kong-based daily newspaper South China Morning Post, October 8, 2008, confirmed that Tack Fat Group International, a well-known firm listed on the Hong Kong Stock Exchange and the parent company of Tack Fat Garment (Cambodia) Ltd, a major garment manufacturer in this country, has gone bankrupt. The news reads as follows, "Last month [September 2008], banks applied to wind up (…) swimwear maker Tack Fat International Group after [it] defaulted on loans." Tack Fat becomes the second "collapse of a Hong Kong-listed retailer amid the financial meltdown."

According to a business analysis, "Tack Fat Group's principal activities are designing and manufacturing of jeans, pants, shorts, swimming apparel and sportswear for men, women and children. Other activity includes investment holding. The Group has three production facilities, one of which is located in Luoding City, Guandong Province, the People's Republic of China and the other two of which are located in Phnom Penh, Cambodia. The majority of the Group's products are exported to the North American, European markets and other regions." http://tinyurl.com/3mpvvl

A September 16, 2008 statement by the Group's "Provisional Liquidators Appointed" specifies, "The place of incorporation of the Company is in Cayman Islands and the shares [were] suspended for trading since 9:30am, 30 July 2008." http://tinyurl.com/3lgb8a

Information about Tack Fat Garment (Cambodia) Ltd can be obtained at http://tinyurl.com/437q8l

[End]

Telling the truth about "officials and Hun Sen's relatives corrupt activities" could earn Sam Rainsy a pay cut: Justice-a-la-CPP

Election body seeks Cambodian opposition leader's pay cut

October 30, 2008
ABC Radio Australia

Cambodia's National Election Committee has requested that parliament cut off lawmaker Sam Rainsy's salary, after the opposition leader failed to pay a fine for insulting leaders of the ruling Cambodian People's Party during this year's national election campaign.

The Phnom Penh Post says that in a letter to Assembly president Heng Samrin, the NEC said Sam Rainsy had yet to be punished for violating electoral law during campaigning.

The fine resulted from speeches given by Sam Rainsy referring to a report by the environmental watchdog Global Witness on illegal logging.

This Post says it implicated a number of high-ranking officials and relatives of Prime Minister Hun Sen in corrupt activities.

The report, titled Cambodia's Family Trees, was banned in Cambodia following its publication in January 2007.

Rainsy faces pay freeze over campaign remarks

Wednesday, 29 October 2008
Written by Vong Sokheng
The Phnom Penh Post

The National Assembly is to consider a request from the NEC that it cut off the political opposition leader’s salary for his 'insulting' election comments
THE National Election Committee has requested that Cambodia's parliament cut off lawmaker Sam Rainsy's salary after the opposition leader failed to pay a US$2,500 fine for insulting leaders of the ruling Cambodian People's Party during this year's national election campaign.

In a letter to Assembly President Heng Samrin, the NEC said Sam Rainsy had yet to be punished for violating electoral law during campaigning.

The fine resulted from speeches given by Sam Rainsy referring to a report by the environmental watchdog Global Witness on illegal logging, which implicated a number of high-ranking officials and relatives of Prime Minister Hun Sen in corrupt activities.

The report, titled Cambodia's Family Trees, was banned in Cambodia following its publication in January 2007.

"In order to guarantee electoral legitimacy, the NEC would like to request that the president of the National Assembly cut off the salary of Sam Rainsy and transfer the money into the national budget," the NEC said in the letter.

CPP lawmaker Cheam Yeap said Tuesday that any request to cut a parliamentarian's pay would be considered by the Assembly's standing committee.

"If there is an official request to the Assembly, the standing committee will consider ... whether Rainsy's salary should be cut," he said.

Parliamentarians make an average of US$2,000 a month.

SRP lawmaker Yim Sovann said that the NEC must guarantee its independence rather than target opposition lawmakers. "The NEC has no right to request the Assembly to cut off individual parliamentarians' salaries," he said.

NEC wants to make Sam Rainsy pay a fine

28 Oct 2008
By Ung Chamroeun
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French

The National Election Committee (NEC) sent a proposal the National Assembly president in order to cut opposition leader Sam Rainsy’s salary.

According to the NEC, the SRP President contravened the election law during the general election and he did not pay the fine imposed on him. The NEC sent a letter to Heng Samrin, the NA president, on this subject on 24 October.

The NEC recalled on that occasion that people sentenced by the NEC council have up to 30 days to pay off their fines and if no payment is made during that period of time, legal actions will be taken. Sam Rainsy was sentenced by the NEC for insulting 3 CPP leaders and he did not pay his fine during the period allotted. This fine was set by the NEC to 10 million riels ($2,500).

“For the good progress of justice, the NEC wishes to obtain the cooperation of the NA president to cut Sam Rainsy’s salary and use it to pay the fine for the NEC account,” the NEC communiqué dated 27 October explained.

Election: Paris replies to Sam Rainsy

24 Oct 2008
By A.L.G.
Cambodge Soir Hebdo
Translated from French by Sess Sâr
Click here to read the article in French

Jean-David Levitte, the diplomatic advisor of (French President) Nicolas Sarkozy, considers that the latest ballot “progresses better than the previous ones,” however he noted that it did not meet “international standards.” The SRP said that it was satisfied with France’s response.

In a letter written by Jean –David Levitte and sent to Sam Rainsy, France considered that the latest election in Cambodia “progressed better than the previous ones, however, it still does not meet international standards on this matter.”

Last 28 August, Sam Rainsy wrote to Nicolas Sarkozy and Susilo Bambang Yodhyono, the Indonesian President, who are both heads of state of countries that are co-presidents of the 1991 Paris Peace Accords.

“All that remains of the democracy set up at great cost in Cambodia by the International community is a cracked façade,” Sam Rainsy wrote with Kem Sokha who also signed the letter.

“This response is very positive,” SRP MP Mu Sochua reacted when she was asked by “Cambodge Soir Hebdo” on Friday 24 october. “This shows that the French government assumes its role in Cambodia. What Jean-David Levitte said about the international standards not being respected, that was what Comfrel said also.”

“In his letter, Jean-David Levitte promised that the (French) government will follow closely the Cambodian election process in the future. This is a very positive response,” Mu Sochua added.

She also said that the SRP maintains “good relations” with the French embassy in Phnom Penh.

France's Reply to SRP regarding the 2008 general election

Unofficial English translation

Office of the President of the (French) Republic
The Diplomatic Advisor

Paris, 01 October 2008

Mr. Sam Rainsy
Member of Parliament,
Former Minister,
President of the Sam Rainsy Party

Mr. Minister (Sam Rainsy),

The President of the (French) Republic read with interest the letter you wrote him along with Mr. Kem Sokha, and he asked me to reply back to you.

France, as a co-president of the 1991 Paris Accords and an essential partner of Cambodia during the subsequent years, was the first to believe in the renewal of your country. Our engagement is translated through a major cooperation effort and through a particular vigilance on the Cambodian political situation.

In conformance to these principles, when the Cambodian government asked for the sending of a European observation mission for the general election, we supported this initiative with our partners, such a mission is aimed at accelerating Cambodia’s democratic transition and at reinforcing its image to the International community. Our efforts were rewarded with the sending of a 130-observer-strong mission, the third of whom arrived in Cambodia since June.

This mission accomplished a very precious work on the spot. Its final report will only be known October, once the new government is in place. Nevertheless, it appears that, from preliminary conclusions, the progress of this election was better than the previous general elections, however, it is still not at the international standard level.

Under these conditions, please rest assured that France, faithful to the deep friendship links that it maintains with Cambodia, will remain attentive to the evolutions of the country, and in particular, to the reinforcement of the rule of law.

Please accept, Mr. Minister, my highest consideration.

(Signed) Jean-David Lévitte

COMFREL's Final Assessment and Report on the 2008 National Assembly Elections

Press Release

Release of Final Assessment and Report
On
the 2008 National Assembly Elections

Phnom Penh, October 20, 2008 - The Committee for Free and Fair Elections in Cambodia (COMFREL) is pleased to release its final assessment and report on the 2008 National Assembly (NA) elections. This report includes findings, overall assessment and recommendations, as a compilation of COMFREL’s reports and statements published prior to the election campaign, during polling and immediately post-election, as well as an analysis of the election results. As with previous reports, analysis and recommendations seek to advance the debate on the reform and promotion of free and fair elections in Cambodia. Please find attached herewith the full report or check COMFREL's website at www.comfrel.org.

The report finds that, in terms of the general election environment, there was an improved and more politically secure climate this year in comparison with the 2003 National Assembly elections, including a relative improvement in media access; more active political party campaign activities; a decrease in the number of irregularities regarding technical admin istration and complaints inside the polling and counting stations; a reduction in the number of rejections of complaints regarding the election process, in particular during the election campaign period; improved technical election admin istration/performance; and increased knowledge and understanding of voter rights and responsibilities and democracy.

However, Cambodia in 2008 continued to experience a political environment not fully conducive to truly free and fair elections. There were some cases of violence in the days before the elections, related particularly to intimidation to limit political participation and freedom of expression. Voters were still subject to pressures preventing them from making a choice, either according to their conscience or on the basis of proper information. There is persistent fear at every level of society of retribution from leaders, who can use their power to affect personal and family life. Insufficient efforts have been made to eliminate this factor from the Cambodian election scenario. In comparison with previous elections, some issues worsened, such as an increase in the number of civil servants, state authorities and armed forces personnel showing active participation in support of the campaign and networks strengthening the Cambodian People’s Party (CPP); an increased number of voters facing obstructions and complicated procedures during registration, voter list clean-up and the polling period; irregularities regarding the issuing of Form 1018; and problems surrounding candidate registration.

Based on the findings on the 2008 NA elections and other key developments in recent years, the prospects are risky with regard to Cambodia’s progress towards democracy. Democratic and efficient governance depends on essential checks and balances – an effective opposition. These are unlikely to emerge in Cambodia with “Winner Takes All” control of state institutions from 98% of 13,755 village chiefs to all the NA’s commission chairs/deputy chairs increasing towards single-party rule. The constituency to elect Senate members consists of National Assembly and commune council members – with CPP members now controlling 73% of the NA and 70% of commune councils, the outcome is predictable. As part of decentralization reform to introduce provincial and district councils, a new “Organic Law” proposes to use a similar constituency. COMFREL will continue to advocate for direct elections by the public and to allow individuals to stand, not just party-approved lists, so that a better modern democracy can emerge.

For more information, please contact:
Tel: (+855) 12 942 017 / 845 091 or (+855) 23 884 150

EU election obervers: "Lack of confidence in the neutrality and impartiality of the National Election Committee (NEC)"

EU EOM chief observer Martin Callanan presents the key findings and recommendations of the mission’s final report, released Tuesday. (Photo by: Vandy Rattana)

2008 election was peaceful but flawed: EU observers

Wednesday, 15 October 2008
Written by Sebastian Strangio and Vong Sokheng
The Phnom Penh Post

Click here to read the EOM report in English (PDF)
Click here to read the EOM report in Khmer (PDF)

EU election monitors highlight voter registration, neutrality and the local media environment as key concerns in their final post-election report

THE European Union Election Observation Mission (EOM) has released its final assessment of the July 27 national election, calling on the government to address a number of irregularities it claims marred an otherwise peaceful poll.

"While the campaign was generally conducted in a more peaceful and open environment compared to previous elections, the 2008 National Assembly elections fell short of a number of key international standards for democratic elections," EOM chief observer Martin Callanan said at a news conference Tuesday.

Echoing the EU's July 29 provisional assessment, the final report notes the "lack of confidence in the neutrality and impartiality of the National Election Committee (NEC)", and concludes that there were "a significant number of mistakenly disenfranchised voters" due to the deletion of names from voter lists.

It also calls attention to the overwhelming media dominance of the ruling Cambodian People's Party, which "may have undermined the ability of the Cambodian electorate ... to make an informed choice".

Among its recommendations, the report calls on the government to "take credible steps" to ensure the neutrality of the NEC at all levels and to abolish the use of Statement of Identity Form 1018, which it claims was fraudulently issued at polling stations.

Callanan also highlighted the importance of a free media environment, calling on the government to establish "an independent broadcasting regulatory authority to be responsible for the distribution of licences and frequencies to broadcast media on an open and transparent basis".

Two steps forward...

Tep Nytha, general secretary of the NEC, said he welcomed the EOM's input, but said critics should not overlook the NEC's achievements. "The July 27 election reflects another step of the development of democracy and was evaluated positively by national and international stakeholders," he said, adding that the NEC would only take time to consider recommendations that "comply with electoral law".

...and one step back

But Koul Panha, executive director of election monitor Comfrel, said the recommendations represented clear shortfalls in the election process. "The recommendations they give point to the election's problems," he said, adding that the EU involvement was in a good position to convey pressure over the conduct of the election.

"This is a very sensitive political topic," he said. "If we depend on the government's action, I don't know if anything will happen. We may need some pressure for the government to improve the electoral process."

International Election Observers Must Open Their Eyes

October 8, 2008
Source: SRP

INTERNATIONAL ELECTION OBSERVERS MUST OPEN THEIR EYES

The following is further evidence of massive election fraud at Cambodia's national elections on July 27, 2008. One of the most obvious cases of election manipulation is related to the methodical issuance of forged 1018 forms, which inflated votes "won" by the ruling Cambodian People's Party (CPP) to a decisive extent. The electoral trick using the names of ghost voters was associated with the disenfranchisement of a significant portion of the electorate suspected of sympathy for the opposition, finally giving the CPP a "landslide victory."

I- What is a 1018 form?

The 1018 form is a special voter identification document purportedly issued by local authorities for those who are registered as voters in a given commune but do not possess the standardized National ID Card which voters must normally show at the polling station. Two witnesses are required to "certify" the alleged identity of the applicant. The 1018 form is actually used by the holder as a voter card valid only in his/her commune of residence. It bears the signature of the commune chief and the stamp of the commune office. It was the source of a massive election fraud at the July 27, 2008 poll because it was an easy tool for the ruling Cambodian People's Party (CPP) to manipulate the election. Because the CPP controls the National Election Committee (NEC) and its ramifications (*) and because local authorities are also under its control (**), the ruling party could methodically issue forged1018 forms according to a well-planned scheme.

In 2007 and 2008, under the pretext of "cleaning up" voter lists, the NEC deliberately did the opposite of what it should have done: it deleted names that should have remained on the lists and kept names that should have been deleted. The NEC deleted hundreds of thousands of names of bona fide voters known to be unfavorable to the CPP, and kept hundreds of thousands of names of ghost voters in order to build up a reserve of fraudulent votes for the CPP. The outcome was that hundreds of thousands of persons without the right to vote (citizens not registered on the lists of the residential commune, or underage, or foreigners) were able to vote by using forged voter 1018 forms which were methodically provided to them by local authorities by using names of these ghost voters. The NEC has in fact killed three birds with one stone: it has succeeded in cleverly reducing the opposition's votes to a large extent, fraudulently inflated the CPP's votes to the same extent, and maintained a decent rate of "voter" turnout. See CPP election strategy at http://tinyurl.com/3o9t9v
To see a blank 1018 form and an example of forgery using a ghost's name, with English translation, please click at http://tinyurl.com/4b3jyb

Notes:
(*) At the local level, there are 24 Provincial Election Committees (PECs) and 1,621 Commune Election Committees (CECs) which are also controlled by the CPP.
(**) 99 percent of village chiefs and 98 percent of commune chiefs are affiliated with the CPP.

II- Pre-stamped and pre-signed empty 1018 forms

The pre-stamped and pre-signed empty 1018 forms are documents fraudulently prepared in advance in order to be quickly filled out by CPP local authorities by using ghost voters' names; they were to be immediately given to illegitimate voters on Voting Day. See sample at http://tinyurl.com/5v9xbe

From countless communes we have collected bunches of such pre-signed and pre-stamped empty 1018 forms, which shows the general pattern of a massive election fraud.

III- Pre-stamped, pre-signed and partly pre-filled 1018 forms

In order to proceed even faster with the issuance of forged 1018 forms on Voting Day, CPP commune chiefs pre-stamped (in red), pre-signed but also partly pre-filled (in black as a result of photocopy) bunches of 1018 forms, so as to be able to very quickly issue those forms in large quantities to illegitimate voters on Voting Day by just filling out (in blue) the rest of the form. The CPP local authorities often had to wait until the last minute - the document is backdated to get around the law - before completing the form by using the identity of a ghost voter or that of a legitimate voter who obviously was not going to show up at the polling station at the last minute. The form must be fraudulently completed for an illegitimate voter whose sex and age roughly matched those of the ghost or real-but-absent voter. The illegitimate voter's face as shown on his/her photo stuck at the last minute on the form, must be consistent with the data written in blue on the form, especially the sex and age of the ghost or real-but-absent voter as stated on the voter list. See sample of "three-color 1018 forms" at http://tinyurl.com/6cdzev

IV- The typical case of Memot district in Kampong Cham province: It was like that all over the country

The SRP head of Memot district, Nou Pisakha, wrote a detailed report on election irregularities (intimidation by CPP local officials, political discrimination, disenfranchisement, impersonation) that took place in his district on Voting Day. In Tonloung, Choam Tamao, Kompoan and Koki communes, the four CPP commune chiefs issued fraudulent 1018 forms to illegitimate voters by using ghosts' names. These illegal activities took place either in the commune office belonging to the state or in the CPP office in the corresponding commune. The report was written on July 27, at the end of Voting Day, and immediately given to EU observers for Kampong Cham province. Nou Pisakha succeeded in taking photos of the Tonloung commune chief while he was illegally issuing the controversial 1018 forms.

See report and photos with captions in English at http://tinyurl.com/5gkzgj

A similar incident happened in Kampong Seam district, also in Kampong Cham province, also on Voting Day. Please see details in English at http://tinyurl.com/4rsd7m

Another similar incident - showing forged 1018 forms being issued by CPP local authorities to illegitimate voters on Voting Day - was witnessed in Kampong Trolach district in Kampong Chhnang province. Please see photos with explanation in English by clicking at http://tinyurl.com/55n4yw

V- Confession by a CPP Election Working Group member

The CPP official reveals that the scheme to issue forged 1018 forms using ghosts' names on a large scale was prepared in advance by the CPP leadership with the complicity of the National Election Committee (NEC). See confession with English translation at http://tinyurl.com/4zgkp6

VI- Confession of a CPP-affiliated commune clerk

We have posted on our Web site a taped conversation between Phnom Penh's Boeng Salang commune chief Touch Meng Sreang (SRP) and commune clerk Kuch Bunnarith, who confesses having stamped more than 200 forged 1018 forms illegally signed by the CPP deputy commune chief without the knowledge of the commune chief. To listen to the audio tape please click at http://tinyurl.com/3fzfms

VII- Ghosts and forgery allowed underage to vote

The CPP used ghosts' names and forgery to allow under-aged persons (less than 18 year-old) to vote. See concrete evidence of fraud at http://tinyurl.com/5lvt35

VIII- Haste in the issuance of forged 1018 forms led to appalling irregularities and wrongdoings
Most of the forged 1018 forms were hastily filled out on Voting Day, which led to breathtaking irregularities and wrongdoings.

For instance, there are at least seven appalling irregularities in the following 1018 form handed to a 13-year old girl in Kampong Thom province. Please click at http://tinyurl.com/57vdu8
Sometimes, one same person has been issued several 1018 forms showing different names or different ages. See examples at http://tinyurl.com/6gul5g

Sometimes, in order to deliver fake 1018 forms very quickly on Voting Day, a CPP local official acted as witness to certify the applicant's identity but he did so by putting his fingerprints in advance on empty 1018 forms. These are to be filled out later for illegitimate voters whose real identity was not known yet when the fingerprints were put on the document. See examples at http://tinyurl.com/68v458

Some 1018 forms bear the official commune stamp but show no photos, and therefore could be fraudulently used by anybody. See examples at http://tinyurl.com/5abu9t

Another revealing mistake: On a forged 1018 form the CPP commune chief put on the holder's photo the stamp of the Commune Election Committee (CEC), which reports to the NEC, instead of the stamp of his commune office. On the document, a 25-year-old man was given the identity of an 82-year-old ghost! This shows the NEC's responsibility in the forgery of a public document. To see the incredible document please click at http://tinyurl.com/5cxkn2

IX- NEC cannot tell how many 1018 forms have been issued

As of today there has been no answer to opposition leader Sam Rainsy's August 13, 2008 letter to NEC President Im Suosdey asking how many 1018 forms have been issued for the last election. See letter in Khmer at http://tinyurl.com/3rs6ru

NEC Secretary General Tep Nitha has confessed that he doesn't know how many 1018 forms have been issued. In The Cambodia Daily , August 15, 2008, he is quoted as saying, "the NEC does not keep any record of how many 1018 forms are used by voters in the [July 27, 2008] election", leaving all such reckoning to the commune chiefs - the very people that might be improperly issuing them in the first place. See press report at http://tinyurl.com/5eo33w

Read comment on Tep Nitha's statement at http://tinyurl.com/3ecmw6

In relation with the issuance of forged 1018 forms the opposition SRP has filed criminal lawsuits against CPP commune chiefs who are involved in the forgery of a public document. See details of the lawsuits at http://tinyurl.com/5eo3yn and http://tinyurl.com/42r69l
X- Independent report on the issue of 1018 form

An independent and detailed report on the issue of the 1018 form being used as a tool for election fraud can be read at http://tinyurl.com/5eo33w

CONCLUSION

Forged 1018 forms were methodically and systematically issued throughout the country in order to substantially inflate the number of votes for the CPP. To see a sample of some 200 ready-to-be-used 1018 forms collected from all parts of Cambodia, which were fraudulently filled out using ghost voters' names, please click at http://tinyurl.com/6cmh94

Each case shows the real identity of an illegitimate voter as shown in his/her ID card as well as the fake identity given to him/her as shown on the forged 1018 form. Both documents show the same photo of the same person.

The above-mentioned cases and incidents show that the issuance of forged 1018 forms corresponded to the implementation of a well-planned scheme that was conducted on a large scale, nationwide, with a significant impact on the election results. The forged 1018 forms that we have exposed were not isolated and fortuitous cases: They reflect the general pattern of a massive election fraud. In fact, hundreds of thousands of 1018 forms were fraudulently issued, inflating by the same amount votes "won" by the CPP.

With regard to the impact of this fraud on the election results, it can be shown that as few as five fraudulent 1018 forms per polling station in a given constituency could unfairly deprive the opposition of a parliamentary seat in that constituency (see sensitivity analyses at http://tinyurl.com/4275dz ).

In fact the 1018 form was an essential election trick for the CPP to secure its "landslide victory" on July 27, 2008.

For more evidence of election rigging nationwide by the CPP-controlled National Election Committee, please click at http://tinyurl.com/4eegak

In particular, please read "New evidence of disenfranchisement of non-CPP voters: voter list cleaning and political opponent cleansing" by clicking at http://tinyurl.com/45mfpu and "What election observers did not see in a rigged election" by clicking at http://tinyurl.com/6gw3rz

SRP Members of Parliament

The July 27, 2008 Election Was Not Fair

Translation of a statement by a CPP Election Working Group member
Source: SRP

THE JULY 27, 2008 ELECTION WAS NOT FAIR

As a member of a CPP [Election] Working Group I can say that the July 27, 2008 legislative election was marred by irregularities and was not fair. For example, in Memot district [in Kampong Cham province]:

I- Threats, intimidation, human rights violations and fake 1018 forms using ghosts' names

• a) Threats were made to Memot rubber plantation workers: "Those who support the opposition will be fired and expelled from their village" [worker villages are controlled by CPP-affiliated plantation managers].
• b) Human rights violations were perpetrated on those who are suspected of sympathy for the opposition: They were threatened and intimidated into supporting only the CPP.
• c) Regarding fake 1018 forms using ghosts' names, a large number of such documents were issued by CPP officials especially commune chiefs and village chiefs. Three or four days before Voting Day, commune chiefs and village chiefs met to prepare the issuance of fake 1018 forms and to discuss other issues.

II- A special case

On July 17, 2008 [ten days before Voting Day] a high-ranking CPP official, H.E. Ouk Bun Chhoeun [a Senator and Chairman of the Senate Committee # 6] came to Memot district and told our local officials (commune chiefs and village chiefs) to issue fake 1018 forms and to implement other measures so as to increase votes for the CPP. He told the local [Election] Working Group: "Don't worry. If there are complaints [or lawsuits filed against us by the opposition], we have our supporters at the National Election Committee (NEC). And if [the complaints] reach [following appeal proceedings] the Constitutional Council, this body is exclusively made up of our supporters and nothing [bad to us] will happen."

[Written on] September 01, 2008
[Thumbprint and signature]
[Name]

CPP [Election] Working Group member

The name, thumbprint, signature, official position of the statement's author are not published here for security reasons. But the original hand-written statement in Khmer with all the data related to its author has been shown to independent human rights organizations and EU election observers, who have even interviewed him.

For more evidence of election rigging nationwide by the CPP-controlled National Election Committee, please click at http://tinyurl.com/4eegak

Rivals Seek Audience With Former King [-Sam Rainsy: "Our country now is sinking like a ship in the ocean"]

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
02 October 2008

Both Prime Minister Hun Sen and opposition leader Sam Rainsy plan to visit Cambodia's former king in Beijing separately in coming months.

Hun Sen plans to call on the former king, Norodom Sihanouk, following an Asia-Europe Meeting, scheduled for Oct. 24 in Beijing, prior to Sihanouk's Oct. 31 birthday, when he turns 87.

Sam Rainsy is planning to meet with the former king in late November, "in the name of national reconciliation," the opposition leader said in a letter.

"I will extend well wishes to the king father on his birthday, and then I will go to the ASEM in Beijing," Hun Sen said at a scholarship award ceremony at Phnom Penh's National School of Pedagogy Thursday. "Right now I've told the king father's protocol office to arrange my schedule to meet the king father."

The annual two-day Asia-Europe Meeting brings leaders from 45 Asian and European countries, including Cambodia, together for political, security and economic discussions.

Following Hun Sen's visit, Sam Rainsy is scheduled to pay a call on the former king in Beijing.

"Our country now is sinking like a ship in the ocean," Sam Rainsy wrote the former monarch in French. "Our people are dying like abandoned animals. That's why I myself and for all Cambodian citizens, I would like to assist you in helping the country in the name of national reconciliation."

SRP Deputy Secretary-General Mu Sochua said Thursday the letter to the king reflected Sam Rainsy's worries for the future of the country, following the ruling Cambodian People's Party extension of power after July's elections.

Sam Rainsy will likely discuss alleged irregularities in July's election and "the political situation," she said.

New Parliament session without the boycott of the opposition party

Phnom Penh (Cambodia), 24 September 2008: Taking a picture of the opening session of the new Parliament in the press room, the only place accessible to the photographs. (Photo: John Vink/Magnum)

24 Sept 2008
By Ros Dina
Ka-set
Unofficial translation from French by Luc Sâr
Click here to read the article in French
Click here to read the article in Khmer

On Wednesday 24 September, King Sihamoni opened the first session of the National Assembly. Among the 123 MPs, only 4 were absent: Mrs. Tioulong Saumura, Sam Rainsy’s spouse and SRP MP, as well as the three HRP MPs, including Kem Sokha, the HRP party president, who arrived at the National Assembly too late and were prevented from entering. Sam Rainsy, accompanied by some of his party MPs, entered the National Assembly through the south gate, two minutes before the arrival of the king who, following the latter’s arrival, all entry doors to the NA were closed. Up until the last minute, the opposition leader left some doubt about the possibility that his party’s MPs may or may not join this inauguration in protest of the 27 July election results. At the end of the morning, Son Chhay, a heavy weight of the SRP, said that he was satisfied with this new Parliament session in which, “for the first time, the presentation of each MP could be conducted.” In the afternoon of Wednesday, all the MPs are called in again for the swearing-in session.

NA inauguration without required quorum: King Sihamoni and the CPP in flagrant violation of Cambodia's Constitution?

Cambodia's Prime Minister Hun Sen waves as he walk past an honor guard upon his arrival to attend the first parliamentarian meeting to form a new government after the national elections in July at the national assembly building in Phnom Penh September 24, 2008. REUTERS/Chor Sokunthea
Cambodia's King Norodom Sihamoni walks past an honor guard upon his arrival to preside over the first parliamentarian meeting to form a new government after the national elections in July at the national assembly building in Phnom Penh September 24, 2008. REUTERS/Chor Sokunthea
Cambodia's King Norodom Sihamoni, right, greets with Cambodian Prime Minister Hun Sen, left, in front of the National Assembly in Phnom Penh, Cambodia, Wednesday, Sept. 24, 2008. Cambodia's newly elected lower house of parliament held its inaugural session Wednesday, ushering in a new era of sweeping power of Prime Minister Hun Sen's ruling party in the impoverished Southeast Asian nation. (AP Photo/Heng Sinith)
Cambodia's King Norodom Sihamoni (R) greets President of the National Assembly Heng Samrin after the opening of the first parliamentarian meeting to form a new government after the national elections in July at the national assembly building in Phnom Penh September 24, 2008. REUTERS/Chor Sokunthea
Cambodia's King Norodom Sihamoni, center, greets parliamentarians in front of the National Assembly in Phnom Penh, Cambodia, Wednesday, Sept. 24, 2008. Cambodia's newly elected lower house of parliament held its inaugural session Wednesday, ushering in a new era of sweeping power of Prime Minister Hun Sen's ruling party in the impoverished Southeast Asian nation. (AP Photo/Heng Sinith)
Cambodian parliamentarians and King Norodom Sihamoni pose for a picture after the opening of the first parliamentarian meeting to form a new government after the national elections in July at the national assembly building in Phnom Penh September 24, 2008. REUTERS/Chor Sokunthea
Cambodia's National Assembly President Heng Samrin, Senate President Chea Sim, Prime Minister Hun Sen, King Norodom Sihamoni (L-R) and other parliamentarians pose for a picture after opening the first parliamentarian meeting to form a new government after the national elections in July at the national assembly building in Phnom Penh September 24, 2008. REUTERS/Chor Sokunthea