Showing posts with label Hun Sen's travesty of justice. Show all posts
Showing posts with label Hun Sen's travesty of justice. Show all posts

Saturday, November 05, 2011

Soy Sopheap's (or Dek Chor's?) advice to Sam Rainsy: Soften your stance on the CPP and Hun Xen

ទស្សនៈវិភាគៈ ព្រះរាជខុទ្ទកាល័យ ព្រះមហាវីរក្សត្រ ទះកំភ្លៀង សម រង្ស៊ី

Friday, 04 November 2011
ដោយ ៖ សយ សុភាព-DAP-New
DAP-News

Synopsis: Soy Sopheap, the ediot of the Deum Ampil News – a mouthpiece of the Hun Xen regime, indicated in his op-ed that there are 3 ways for opposition leader Sam Rainsy to return back to Cambodia: (1) through the king (with the request made by Hun Xen), (2) through the National Assembly, and (3) by surrendering himself to the court so that he can face his sentences.

In his advice to Sam Rainsy, Soy Sopheap wrote: “Therefore, what Sam Rainsy should do is to soften his stance where in the past he used to curse the CPP leaders, in particular Hun Xen, so that he can receive the royal pardon through the Consitution. Any other means, other than the one described above, that Sam Rainsy wants to adopt cannot be done because the current Cambodia is undergoing reform in order to become truly a state with the rule of law, and this reform receives the massive support from friendly countries and from Cambodia’s partners. Cambodia is currently turning into a country with true rule of law through setting up one law after another with the approval from the legislative body, and that is being applied by the independent judicial system.”

[KI-Media Note: It is not clear to us what Soy Sopheap meant by stating that Sam Rainsy can return back to Cambodia through the National Assembly. Did he mean that by reinstating Sam Rainsy’s parliamentary immunity, Sam Rainsy can then return back to Cambodia? In that case, it is tantamount to Phnom Penh confessing that what Sam Rainsy did was within the bounds of the his parliamentary rights, and therefore the lifting of his immunity and his sentencing were all bogus based on trumped up charge. Furthermore, by insisting that Cambodia is only recently trying to reform itself and adopting new laws in order to become a state with the rule of law, Soy Sopheap is in fact confessing that, at the time of Sam Rainsy’s sentencing, Cambodia was not a state with the rule of law. Therefore, for all practical purpose, Soy Sopheap is confessing that the sentencing of Sam Rainsy is nothing more than a sham concocted by a judicial system that lacks independence.]

ភ្នំពេញ ៖ មេដឹកនាំគណបក្សប្រឆាំង សម រង្ស៊ី ដែលកំពុងនិរទេសខ្លួនកំពុងតែរីក រាយ និងត្រេកអរនៅពេលដែលបានឭព្រះ រាជឱង្កាដ៏ខ្ពង់ខ្ពស់ របស់អតីតព្រះមហាក្សត្រ សម្ដេចព្រះនរោត្ដម សីហនុ នៅក្នុងមីទ្ទិញ ខួប៩០-២០ឆ្នាំ នៃព្រះរាជពិធីបុណ្យចំរើន ព្រះជន្ម និងការយាងនិវត្ដន៍មក មាតុប្រទេសថា “រួបរួមគ្នាល្អណាស់”។ ក៏ប៉ុន្ដែ សេចក្ដីសប្បាយរបស់លោក សម រង្ស៊ី នេះ ត្រូវបានរលាយរសាត់បាត់ទៅវិញ នៅពេល ដែលព្រះរាជខុទ្ទកាល័យ របស់សម្ដេចព្រះ បិតាជាតិ បានចេញនូវសារលិខិតទាត់ ចោលនូវការផ្សព្វផ្សាយរបស់បណ្ដាញព័ត៌ មានក្នុងស្រុកនានាដែលថា ខុទ្ទកាល័យអតីត ព្រះមហាក្សត្របានអញ្ជើញលោក សម រង្ស៊ី មកចូលរួមនៅក្នុងព្រះរាជពិធីដែលបាន ប្រារឰធ្វើឡើងនៅថ្ងៃទី៣០ ខែតុលា ឆ្នាំ ២០១១ នៅមុខព្រះបរមរាជវាំងចតុមុខ ។

Wednesday, September 21, 2011

Sam Rainsy Sentence Slightly Reduced in Map Case

Sam Rainsy. He was then charged with publishing a false map and with disinformation. (Photo: VOA Khmer)
Tuesday, 20 September 2011
Heng Reaksmey, VOA Khmer | Phnom Penh

The Cambodian Court of Appeals on Tuesday reduced by three years the prison sentence for exiled opposition leader Sam Rainsy on criminal charges of disinformation.

Sam Rainsy was facing a 10-year sentence for allegedly publishing a map of the border with Vietnam in 2009 that the government said was fraudulent.

Sam Rainsy has said that Cambodia is losing land to Vietnamese encroachment, a politically sensitive claim the government denies. He had offered as proof a map on his party’s website a map he said showed border encroachment in 2009. He was then charged with publishing a false map and with disinformation.

Cambodia reduces jail term for opposition leader

Cambodian opposition party leader Sam Rainsy (L) (AFP/File, Tang Chhin Sothy)

Tuesday, 20 September 2011
AFP

PHNOM PENH — The Cambodian appeal court on Tuesday shaved three years off fugitive opposition leader Sam Rainsy's ten-year prison sentence for publishing a false map of the border with Vietnam.

The leader of the eponymous Sam Rainsy Party, who lives in self-imposed exile in Europe, was sentenced in absentia for forging and publishing public documents in September 2010, one of a string of convictions against him.

Cambodia's Court of Appeal cut the term to seven years due to new sentencing guidelines in a penal code that came into force late last December, the government's lawyer Ky Tech told AFP. Prosecutor Ngeth Sarath confirmed the reduction.

Appeal Court shaved 3 years of Sam Rainsy’s 10-year sentence regarding document falsification case

20 September 2011
By Rithipol
Free Press Magazine Online
Translated from Khmer by Soch
Click here to read the original article in Khmer

On Tuesday morning, the Cambodian Appeal Court reduced opposition leader Sam Rainsy’s sentence from 10 to 7-year, and his fine was also reduced from 63 (~$15,750) to 3 million riels (~$750). The reductions are related to the charge of border document and map falsification leveled against the opposition leader.

The decision was made following the appeal made by Sam Rainsy’s defense lawyer against the sentence issued by the Phnom Penh municipal court which handed down 10-year of jail term and 63 million riels in fine to the opposition leader. Furthermore, the accusation was changed from publication of false information to incitation charge instead. Nevertheless, the Appeal court decided to preserve the decision by the Phnom Penh municipal court for the cops to arrest opposition leader and bring him to court.

In February 2010, Sam Rainsy posted on the SRP website border maps between Cambodia and Vietnam which showed that Cambodia lost land to Vietnam in Svay Rieng provinde. Nevertheless, Sam Rainsy said that his sentence was political and it was a threat so that Cambodians will not dare talk about border encroachment problems by Vietnam, these encroachments took place under the blind eyes of Hun Xen’s regime.

Friday, April 01, 2011

Cambodian PM declares assets in anti-graft push [-It just so happens to be April Fool Day!]

Cambodian Prime Minister Hun Sen holds up a document detailing his personal assets Anti-Corruption Unit (ACU) office in Phnom Penh. -- PHOTO: AFP

Apr 1, 2011
AFP

PHNOM PENH - CAMBODIAN Prime Minister Hun Sen on Friday declared his personal assets to the country's new anti-corruption unit and urged officials to follow his lead in a bid to tackle rampant graft.

'Today, I have fulfilled my obligation under the anti-corruption law,' the premier said as he personally delivered his documents to the unit's headquarters in the capital Phnom Penh.

Although the asset declaration is confidential, Hun Sen told reporters he earned a monthly salary of 4,600,000 riel (S$1,450).

He also encouraged senior government and military officials to follow his example ahead of a deadline next week. 'Don't be hesitant or afraid,' he said.

Wednesday, June 23, 2010

Cambodians must fight for rights

Mu Sochua (First row, center)
"I am troubled by the ... narrowing of political space for critical debate in society, due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents," Subedi said. "My position as an international lawyer (is that) nobody should be sent to prison for exercising freedom of expressions."

Do you think Sen and his ruling Cambodian People's Party care?
June 23, 2010
By A. Gaffar Peang-Meth Pacific Daily News (Guam)

Egyptian sociologist and democracy activist Saad Eddin Ibrahim, a distinguished visiting professor at Drew University, wrote in the June 15 Washington Post that, "Most Americans may not miss (George W.) Bush, but a growing number of people in the Middle East do."

"Bush's wars in Iraq and Afghanistan remain unpopular in the region, but his ardent support for democracy was heartening to Arabs living under stalled autocracies," Ibrahim wrote. Reform activists in Lebanon, Egypt, Kuwait and elsewhere "felt empowered" to press for greater freedoms during the Bush years: "The methods through which Bush pursued his policies left much to be desired ... his persistent rhetoric and efforts produced results."

Ibrahim cited 11 contested elections in the Middle East from 2005 to 2006 -- "not perfect, but the advances sparked unprecedented sociopolitical dynamism and unleashed tremendous pent-up desire for democratic choice."

Democracy and rights activists in the Middle East who "listened with great anticipation" to President Obama's "promises of change when speaking in Cairo last June" found Obama "has retreated to Cold War policies of favoring stability and even support for 'friendly tyrants.'"

"Today, Egyptians are not just disappointed but stunned by what appears to be outright promotion of autocracy in their country," Ibrahim wrote. "Just as we hope for a clear U.S. signal on democracy promotion, we must hope that the Obama administration will cease its coddling of dictators."

Ibrahim's article takes me to Cambodia's June 2 events: U.S. representatives joined a group of donor countries in Phnom Penh that collectively pledged $1.1 billion in aid to the regime of Premier Hun Sen. Rights groups complained of "rampant cronyism and corruption."

On that day, Sen's Supreme Court upheld the lower courts' ruling against lawmaker Mu Sochua, who filed a defamation suit against Hun Sen. Yet the Cambodian Centre for Human Rights charged in its legal analysis that Sen's courts failed to uphold Sochua's right to a fair trial and ignored her right to Cambodia's Constitution-guaranteed freedom of expression. Sen's armed riot police blocked Sochua and her followers from a peaceful march to the "donor conference."

Sen told the nation not to be "ignorant," that the donor countries have their own projects planned that will account for the $1.1 billion -- so there is no "cronyism and corruption." On the other front, Sen's lawyer pushed for action (imprisonment) against Sochua for refusing to pay a fine associated with her failed legal action.

In an e-mail, Sochua wrote, "What I am doing now is nothing more than standing up while so many people are sitting down and feeling paralyzed by this regime." She feels alone and helpless. She keeps telling the people to condition themselves not to fear. Their votes count.

As a political scientist, I understand the usefulness of peaceful protests and petitions guaranteed by law. I am not a fan of petitioning a foreign leader to help in circumstances where Cambodians themselves must be the ones to act. The only petition I signed was to ask Premier Sen to stop land-grabbing and evicting the poor from their land and homes.

Last week, an online petition to President Obama rapidly picked up signatures from Khmers and non-Khmers. It speaks of the United States' "responsibility" as an aid donor "to denounce the court's decision (on Mu Sochua) as a threat to freedoms of speech and expression and the rights to fair judicial process, transparency, and legal representation."

The petition states: "We urge you, Mr. President, to make a strong statement against the recent Cambodian Court's ruling, in defense of our democratic values that serve to empower so many around the world."

Yet, Sochua wrote, "what difference does (the petition) really make?" She knows all dictators love the U.S. "strategy of engagement" that legitimizes them and their rule.

Obama and Secretary of State Hillary Clinton are unlikely to refrain from expressions of concern for democracy, justice and human rights. But as the United States continues to provide aid and assistance to the Cambodian government, it is abundantly clear that concern for the lack of civil rights in Cambodia won't override U.S. interests in maintaining relations with Cambodia's tyrants.

Cambodians need to fight to attain those rights for themselves. As no foreign government wants to replace the devil it knows with one it doesn't know, opposition Cambodians must present themselves as credible alternatives to those in power. The image of divided and conflicting opposition forces that lack a common strategy doesn't inspire confidence.

Last Thursday, United Nations rights envoy Surya Subedi -- mandated by the U.N. Human Rights Council to report on human rights in Cambodia -- criticized the country's land-grabbing by the powerful, cited the courts' failings in the delivery of justice for all, "especially the poor and the marginalized," and reported that some judges simply were not interested in upholding the laws.

"I am troubled by the ... narrowing of political space for critical debate in society, due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents," Subedi said. "My position as an international lawyer (is that) nobody should be sent to prison for exercising freedom of expressions."

Do you think Sen and his ruling Cambodian People's Party care?

A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam, where he taught political science for 13 years. Write him at peangmeth@yahoo.com.

Wednesday, April 28, 2010

Cambodian journalist released from prison in amnesty

Hang Chakra

Source: Committee to Protect Journalists

New York, April 27, 2010—The Committee to Protect Journalists welcomes the April 13 release from prison of Hang Chakra, editor and publisher of the opposition-aligned Khmer Machas Srok daily newspaper in Cambodia.

He was granted a royal pardon after serving nine months of a one-year sentence on a “criminal disinformation” conviction over a series of critical articles on alleged high-level government corruption. He was among 43 prisoners given amnesty ahead of Cambodia’s mid-April Buddhist New Year celebrations.

According to the Phnom Penh Post, Hang Chakra wrote to Prime Minister Hun Sen on July 8 to apologize and pledged not to report on government corruption in the future if he was released. The English-language daily newspaper quoted Hang Chakra’s letter saying that he had “repeatedly failed to act properly and seriously.”

But since his release, Hang Chakra has stated publicly his intention to continue publishing Khmer Machas Srok, which, according to news reports, recently suspended publication for financial reasons. The newspaper is affiliated with the opposition Sam Rainsy Party, whose eponymous leader was recently stripped of his parliamentary immunity and fled into exile in France.

“Hang Chakra never should have been imprisoned in the first place on these trumped-up charges,” said Shawn Crispin, CPJ’s Senior Southeast Asia Representative. “Prime Minister Hun Sen has failed to uphold his pledge to stop jailing journalists for their reporting.”

Cambodian King Norodom Sihamoni had written to Hun Sen in October last year calling for Hang Chakra’s release, but his request was refused for unknown reasons.

Hun Sen’s ruling Cambodia’s People’s Party (CPP) maintains strong editorial influence over the country’s mainstream print and broadcast media, which seldom publishes or airs reports critical of top level officials in his administration. His government recently cracked down on freedom of expression, including among parliamentarians, after a period of relative openness.

Wednesday, April 21, 2010

Action brings change -- bad or good

April 21, 2010
By A. Gaffar Peang-Meth
Pacific Daily News (Guam)


I wrote last week that Alexey Semyonov of the Sakharov Foundation and Professor Baktybek Abdrisaev of Utah Valley University called Kyrgyzstan Central Asia's only nation to have "forced regime change," both observing that its people are "willing to fight for their rights."

We each can profit from learning about the interconnections among seemingly unrelated events to draw lessons and build a better world. Change breeds change. The Kyrgyz situation will evolve further -- as will situations in Myanmar, Cambodia and elsewhere. Nothing shall remain the same.

But change doesn't always bring good things.

Ideas are the catalyst of action. People of different temperament patterns -- organizational consultant Dr. Linda V. Berens called them theorist, catalyst, improviser, and stabilizer -- seem essential for good thinking and action.

President Andrew Jackson advised: "Take time to deliberate; but when the time for action arrives, stop thinking and go in."

Action opens door to many possibilities: the good and the bad.

Two strong proponents of action, former British Prime Minister Winston Churchill and President Theodore Roosevelt, leave us with invaluable insights.

"I never worry about action, but only about inaction," Churchill said. "Success is not final, failure is not fatal: it is the courage to continue that counts" -- "going from failure to failure without losing enthusiasm."

"Do what you can, with what you have, where you are," Roosevelt said. "Get action. Seize the moment. Man was never intended to become an oyster." And: "In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing."

"You have enemies? Good. That means you've stood up for something, sometime in your life," Churchill said.

Roosevelt noted: "No man is worth his salt who is not ready at all times to risk his body, to risk his well-being, to risk his life in a great cause."

On April 7, the Kyrgyz people acted in Central Asia, and Asian parliamentarians petitioned Association of Southeast Asian Nations leaders meeting in Hanoi to sanction and expel Myanmar from ASEAN.

On that day, in Bangkok, Thai Premier Abhisit Vejjajiva proclaimed a state of emergency after the antigovernment red shirts, supporters of tycoon turned populist former Premier Thaksin Shinawatra, broke into the parliament building, sending legislators climbing over walls and cabinet ministers scrambling to get on a helicopter to be rescued.

Then came the April 10 violent clashes between the red shirts and the military: 23 protesters and soldiers were killed, some 900 were wounded.

Sopon Onkgara wrote in Bangkok's English language newspaper, The Nation, on April 13 that the red shirts were armed with M-16 and AK-47 assault rifles, M-79 grenade launchers and hand grenades as they faced soldiers "who got direct orders from politicians with no battle experience."

Gone from Thailand, apparently, is the idea of a parliament as a house for democratic debate. When angry demonstrators take to the streets, lawless riots usually ensue and mob rule's tyrannical, imperious and oppressive characteristics emerge.

Swedish expatriate journalist and author Bertil Lintner's "The Battle for Thailand: Can Democracy Survive?" in the July/August 2009 Foreign Affairs magazine reads: "The political crisis is best understood as a simple power struggle between two different groups of elites. ... Neither side could accurately be described as democratic. If Thaksin's tenure was characterized by undemocratic practices, his opponents are even more openly antidemocratic."

On April 15, The Washington Post editorialized: Three times in the past four years, the yellow shirts, opponents of Shinawatra's populist movement, created chaos in the streets of Bangkok and brought down Thailand's "democratically elected governments." Now the Vejjajiva government, "backed by the same alliance of the middle class, business and traditional elites, has itself been cornered by the same tactics."

"Neither side in Thailand's class-based political conflict is a paragon of democracy," the editorial stated.

Shinawatra "violated press freedoms and allowed massive violations of human rights by security forces. The root of Thailand's years of conflict, however, is the unwillingness of the old establishment to accept that (Shinawatra) has the support of the country's majority."

In neighboring Cambodia, Premier Hun Sen and his ruling Cambodian People's Party control the country with an iron fist. Main opposition leader Sam Rainsy told the Voice of America in July 2009 of his party's decision to abandon street demonstrations and protests -- tools guaranteed by domestic and international laws -- saying the party found it "much more constructive and effective" to bring change through "other mechanisms."

While Rainsy visited France, in January Sen's court sentenced Rainsy in absentia to two years in prison for uprooting Cambodia-Vietnam boundary posts. On Feb. 25, the Deutsche Presse Agentur reported Sen as saying, "This time the court sentenced (Rainsy) to jail -- no pardon this time" and "In the next election (in 2013) there will be opposition parties, but this person will not be there."

Sen said, "You must be jailed first, if you are brave enough to come and be jailed."

Today, Rainsy remains in France. His political actions in Cambodia may have to be postponed for a while. Former premier Prince Ranariddh had to foreswear political activities to be able to return to Cambodia from self-imposed exile in Malaysia.

The "sheep culture" that reigns in Cambodia does not help.

A. Gaffar Peang-Meth, Ph.D., is retired from the University of Guam, where he taught political science for 13 years. Write him at peangmeth@yahoo.com.

Tuesday, April 20, 2010

SRP issues claims supporting Opposition Leader Sam Rainsy

19 April 2010
By Ly Meng Huor
Radio France Internationale
Translated from Khmer by Socheata
Click here to read the article in Khmer


Tomorrow, 20 April 2010, the defense lawyer of opposition leader Sam Rainsy will meet with the Phnom Penh municipal court judge to provide clarifications for his client, he will also raise the innocence of the opposition leader. The court accused Sam Rainsy of falsifying public documents, of using fake letters and of disinformation regarding the Cambodia-Vietnam border. In a 4-point clarification letter that the SRP distributed on 18 April, the SRP indicated that the accusations leveled against Sam Rainsy are groundless.

A statement issued by the SRP on 18 April raised the issue of the accusations made by the court against Sam Rainsy on 4 points regarding the issue of maps and the planting of border stakes between Cambodia and Vietnam at Chantrea district, Svay Rieng province. The statement provides clarifications for each of these 4 points.

The SRP secretariat noted that Sam Rainsy does not bear any mistake in publishing map documents in which the opposition leader claimed that the planting of border posts between Cambodia and Thailand in Chantrea district, Svay Rieng province, truly encroached on rice fields belonging to Cambodian farmers between 510 and 720 meters. This claim is based on a study performed for Sam Rainsy by a foreign cartography professor based on coordinates shown on the 1:100,000 scale map from the French colonial period, this is the same map that the government used to plant border posts.

The claim made on the 4 points above will be shown to the judge by Sam Rainsy’s lawyer tomorrow morning. Sam Rainsy, who was sentenced for uprooting border stakes between Cambodia and Vietnam in Svay Rieng province on 25 October 2009, will not be present in court.

Chuong Chou-ngy, Sam Rainsy’s defense lawyer, asked the judge to form a group of joint committee to survey the location of the border posts between Cambodia and Vietnam in order to find the truth on the accusation leveled against Sam Rainsy that he is publishing fake maps.

Chuong Chou-ngy explained that such joint committee would be led by the investigating judge, and it would also include representative of the party who brought up the lawsuit (the government), the government lawyer, as well representative of the accused (Sam Rainsy), the defense lawyer of the accused and the government border committee. This committee would review and survey the location of border posts 184, 185, 186 and 187.

Opposition leader Sam Rainsy claimed that all these border posts are encroaching into rice fields belonging to Cambodian farmers. However, the government rejected this claim. Furthermore, in a letter sent to the judge last week, Chuong Chou-ngy asked that the plaintiff, i.e. the government, to provide the correct coordinates and proofs to this case also.

Oeung Sieng, the investigating judge for the Phnom Penh municipal court who is involved in Sam Rainsy’s case, did not reply to the above request made Sam Rainsy’s defense lawyer. The judge did not provide much comment, except to say that the case against Sam Rainsy is still under investigation.

Tith Sothea, mouthpiece of the Press and Quick Reactiion Unit (PQRU) of the Council of Ministers rejected that request made Sam Rainsy’s lawyer, and he said that the opposition cannot pressure the government in order to hide the mistake made by Sam Rainsy. Furthermore, Tith Sothea claimed that the border delimitation was done by the government according the law and the technique, and that it used the maps that Cambodia stored at the UN.

Thursday, April 08, 2010

Supreme Court Postpones Mu Sochua Hearing


By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
07 April 2010


The Supreme Court on Wednesday delayed a defamation hearing of opposition lawmaker Mu Sochua, who was found guilty by a lower court of defaming Prime Minister Hun Sen.

The court said it had postponed the hearing after Mu Sochua sent a letter saying she was traveling in the US. Hun Sen’s lawyer said the decision was acceptable if the letter was accepted by the court.

Phnom Penh Municipal Court fined Mu Sochua $3,975 in August 2009, the result of a countersuit Hun Sen brought against Mu Sochua’s own charges he had defamed her in public speeches.

The Appeals Court upheld the decision in October 2009.

Mu Sochua, a former minister of women’s affairs, is an outspoken member of the Sam Rainsy Party who has also testified in US Congress on the ruling party’s threats, via the courts, to opposition members and journalists.

Wednesday, April 07, 2010

Supreme Court delays Mu Sochua’s hearing

(Photo: DAP news)

07 April 2010
DAP news
Translated from Khmer by Socheata

In the morning of Wednesday 07 April 2010, the Supreme Court decided to delay the hearing in the defamation lawsuit between Mrs. Mu Sochua and PM Hun Xen due to the absence of Mrs. Mu Sochua who is currently in the US.

Mu Sochua plans to defy court


SRP Lawmaker could be held 'criminally liable' if she refuses to pay court-ordered fine

Wednesday, April 07, 2010
BY SEBASTIAN STRANGIO AND MEAS SOKCHEA The Phnom Penh Post

As the Supreme Court prepares to issue a final ruling today on defamation charges facing Sam Rainsy Party (SRP) lawmaker Mu Sochua, the politician remains defiant, repeating her earlier stance that she will refuse to pay any fines associated with the case.

In August, Phnom Penh Municipal Court found Mu Sochua guilty of defaming Prime Minister Hun Sen and ordered her to pay 16.5 million riels (around US$3,975) in fines and compensation, a verdict that was upheld on appeal in October.

When asked this week whether she expected a similar verdict from the Supreme Court, Mu Sochua described the question as "rhetorical".

"My earlier stance remains," she said by email. "I have not committed any crime other than serving my constituency and being accountable to the voters who put their trust on the Sam Rainsy Party. Paying the fine is admitting guilt."

Mu Sochua was sued by the prime minister after lodging her own lawsuit against him for comments he made during a speech in Kampot in April 2009. The SRP lawmaker, who is currently abroad in the United States, also pledged to return to Cambodia on April 16, regardless of the Supreme Court's decision.

"I do not and have never intended to run away, even if the authorities send a fleet of armed police," she said.

"Instead of silencing the voices of dissidents, the leaders of Cambodia should think harder about the high price that the entire country is paying for this total lack of rule of law and neutral and independent judiciary."

It is unclear what punishment Mu Sochua will face if she refuses to pay court-sanctioned fines. Government lawyer Ky Tech said the Supreme Court will hear Mu Sochua's case in absentia, but noted that it was up to the judges to decide on what action to take to enforce their rulings.

"I leave the right for the court because for all decisions made by the court, the court is the enforcer," he said. "If [the court] orders imprisonment a person must be imprisoned, if it orders them to pay money, they must pay money."

Run Saray, executive director of Legal Aid of Cambodia, said the law normally allows for a period of 45 days for defendants to lodge an appeal against a court ruling.

However, for Supreme Court decisions, which cannot be appealed, there is no specific article - either in the UNTAC Law or the newly passed Penal Code - specifying how much time can lapse before fines must be paid to the court.

"We have very few cases that go to the Supreme Court," he said, but added that according to the UNTAC Law, any person disobeying any court would be held "criminally liable".

Chhoun Chantha, the deputy general prosecutor of the Supreme Court who issued the citation summoning Mu Sochua to appear, declined to comment Tuesday.

Mrs. Mu Sochua’s hearing held today?


07 April 2010
Everyday.com.kh
Translated from Khmer by Socheata

RFA reported yesterday that the Supreme Court will hold its hearing on the lawsuit between SRP MP Mu Sochua and PM Hun Xen on 07 April 2010, in spite of the fact that the Mrs. Mu Sochua asked for a delay since she is currently in the US. Mrs. Mu Sochua was involved in lawsuits with Hun Xen since 2008 because the latter said in Ta Ken commune, Kampot province, that there was a thug woman (Cheung Khlang) who ran to hug another person, then she said that the person unbuttoned her blouse. Hun Xen’s claim led to Mrs. Mu Sochua’s complaint against him, however she lost her cases both in the Phnom Penh municipal court and in appeal. It is not known if the Supreme Court will issue its decision today or it will delay the hearing due to the absence of Mrs. Mu Sochua.

Tuesday, April 06, 2010

Sam Rainsy to be ordered arrested if he refuses to show up in court

(Photo: Ly Meng Huor, RFI)

06 April 2010
Everyday.com.kh
Translated from Khmer by Heng Soy

Opposition leader Sam Rainsy could face arrest if he refuses to show up in court as summoned by the investigating judge. A source indicated that the exiled opposition leader will be summoned by the Phnom Penh municipal court to clarify in the lawsuit case brought up by the government which accused him of disinformation and falsification of public argument. The same source indicated that if Sam Rainsy refused to show up in court, the latter will issue an order to arrest and bring him in to court because this is the second summon issued by the Phnom Penh municipal court following the lawsuit brought up by the government lawyer. The summon order was issued by Oeung Sieng, the investigation judge, dated 26 March 2010, based on the 25 February 2010 lawsuit brought up by Ky Tech, the government representative, accusing 60-year-old Sam Rainsy of falsifying public documents, using false letter and publication of false information in Phnom Penh in February 2010 as stipulated in Articles 48 and 62 of the UNTAC era criminal law. The end of the summon stated that: “in the event the person summoned refused to come to court as stipulated above, we will issue an order to arrest and bring him in to court.”

Sunday, March 28, 2010

“Incitement to Racial Discrimination”: A Politically Motivated and Groundless Accusation Against Sam Rainsy

(Photo: Ly Meng Huor, RFI)

March 27, 2010


“INCITEMENT TO RACIAL DISCRIMINATION”: A POLITICALLY MOTIVATED AND GROUNDLESS ACCUSATION AGAINST SAM RAINSY

The text below is a Letter from parliamentary opposition leader Sam Rainsy to the Editor of The Cambodia Daily, which published it today.

SRP Did Nothing To Provoke a Charge of Racial Discrimination

In your article “Rainsy says ‘Definitive’ Maps Point to Innocence” (March 26, page 23) you wrote, “In January, Mr Rainsy, who is living in France, was sentenced in absentia to two years in prison for incitement to racial discrimination and destruction of public property after he uprooted six wooden stakes at a temporary border marking with Vietnam in Svay Rieng in October.”

I don’t need to add anything regarding the second charge (“destruction of public property”) because there was no public property involved that could be associated with any real and legal border line, and the legitimate owner of a private land has the right to dispose of anything that has been put on, or planted in, his land without his consent. In our case, we are talking about six commercially worthless wooden stakes.

But regarding the first charge against me of “Incitement to racial discrimination” which Article 61 of the 1992 UNTAC Law relates to “any person that provokes national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence,” I can say that it is totally groundless and politically motivated.

All I said and did on that day (October 25) in Svay Rieng province while meeting with villagers in the concerned border area, has been videotaped and can be viewed at http://tinyurl.com/yhwf289 and at http://tinyurl.com/yfmakb5. In the first document, I essentially listened to villagers’ grievances in the compound of a pagoda. In the second document, after following villagers to their nearby rice fields and analyzing with them the situation on the spot, we pulled out the “six wooden stakes at a temporary border marking with Vietnam.”

I challenge any government or court official to seriously prove, with concrete evidence, that I have said or done anything that could be related to “incitement to racial discrimination.”

[As reflected in my March 24 statement “Decisive evidence of border encroachment” http://tinyurl.com/y8jxq9s, I have been mainly blaming “the current government in Phnom Penh” for its “negligence and/or incompetence when it comes to dealing with the defense of Cambodia’s territorial integrity as enshrined in the 1991 Paris Peace Agreements and in the Kingdom’s Constitution.”]

Sam Rainsy
Member of Parliament
Paris

Thursday, March 18, 2010

Democracy in Cambodia: With and without Sam Rainsy’s presence


Wednesday 17 March 2010
By Pen Bona
Radio France Internationale
Translated from French by Socheata
Click here to read the article in Khmer


While the Phnom Penh municipal court is in hot pursuit of the 2nd lawsuit by the government against Sam Rainsy, accusing him of falsifying border documents, a number of scenarios has been suggested regarding democracy in Cambodia. What is the consequence of Sam Rainsy’s permanent absence from Cambodia to the upcoming 2013 election, and what kind on influence will it bring to democracy in Cambodia?

Will Sam Rainsy be present in Cambodia as an opposition leader for the upcoming general election in 2013 or not? If Sam Rainsy has to remain permanently absent due to these lawsuits, what influence will this bring to democracy in Cambodia?

These are the many questions that are being raised by political observers in Cambodia. These questions come at a time when the political situation is getting more and more tense stemming from the dispute between the government and the opposition party due to border problems with Viet Nam.

In response to these questions, a number of scenarios has already been proposed in order to reflect on the future of democracy in Cambodia. The first scenario which cannot be neglected stems from the political accommodation favored by Cambodian politicians and which has been used for the past two decades. Under this scenario, there is still hope for Sam Rainsy to return back to the Cambodian political scene.

The second scenario involves the complete absence of Sam Rainsy during the upcoming 2013 election. This scenario garnered a lot of attention based on the observation. Under the scenario where Sam Rainsy would be absent during the election, two views have been proposed:

(1) The first view places high value on the opposition leader himself by linking his presence to democracy in Cambodia. Those who support this view believe that democracy in Cambodia will weaken if Sam Rainsy could not participate in the election. The weakening stems from an election that will be held without the presence of an important opposition leader, thus the election will not reflect true democratic competition because an influential competitor would be absent.

(2) The second view is opposite to the first one. Those who support this second view indicate that Sam Rainsy is not the only important character who sets the destiny of democracy in Cambodia. In reality, true democracy depends on the votes where the citizens can chose to vote for one particular party. Furthermore, there are more than one opposition party and these parties are not fighting for a single individual either, i.e. without Sam Rainsy, others can still lead the opposition, especially in Cambodia where an event can easily be forgotten in time.

The two views above have their own consequences. However, if a conclusion can be made then the truth would be revealed. The permanent absence of Sam Rainsy from the Cambodian political scene will necessarily reflect negative influence, whether small or large. This is normal, nevertheless logic dictates that no problem is better than when there is a problem. As it turns out, for the sake of democracy in Cambodia, the incident that befalls the opposition leader and that could lead to his absence in the upcoming election will surely bring shadows on democracy.

If one were to look at the state of democracy in Cambodia’s neighboring countries, Thailand is the only country that abides by democracy, whereas Vietnam and Laos are ruled by communist-like regimes still. However, in the past few years, democracy in Thailand seems to gradually lose its identity due to the numerous military coups d’état that take place and that lead to upheaval in this country.

Therefore, if one were to look at countries that surround Cambodia, there is no democracy example that Cambodia could grab to make its own. Under this condition, Cambodia should look into the region or the entire world in order to find a type of democracy that is suitable to the country condition.

Therefore, this is the path that Cambodian politicians should take to serve the interest of its people and to earn support from the international community. Under this condition, they should end problems between the ruling party and the opposition by putting an end to all lawsuits involving border issues. This is the best possible choice.

Monday, March 01, 2010

Call for the release of Hang Chakra

Hang Chakra (Photo: Sok Serey, RFA)

01 March 2010
Everyday.com.kh
Translated from Khmer by Socheata

Family members of Hang Chakra, the Editor-in-chief of the Khmer Machas Srok newspaper, renewed their call for the release of Hang Chakra who is currently jailed in Prey Sar prison, and to allow him to go home before the upcoming Cambodian New Year. Radio Free Asia reported that Hang Pisey, Hang Chakra’s daughter, said, while accepting gift from overseas donors sent through the Club of Cambodian Journalists on Saturday 27 February 2010, that she is asking the king and the government to release her father prior to Cambodian New Year celebration so that he can reunite with his family because “we suffer hardship and we want him to come and live near us. In summary, even if we don’t have anything, just let my father be at home.” Mrs. Sim Suokea, Hang Chakra’s 54-year-old wife, told RFA that if the government releases her husband, she would be so happy. Hang Chakra, the Editor-in-chief of the Khmer Machas Srok newspaper, was sentenced to one-year of jail term by the Phom Penh municipal court on 26 June 2009 for disinformation and defamation.

Friday, February 26, 2010

Cambodia files new suit against opposition leader

The Cambodian government has filed a fresh lawsuit against the country's fugitive opposition leader, Sam Rainsy (pictured), over claims he forged and published a false map of the border with neighbouring Vietnam.

26/02/2010

AFP

The Cambodian government Friday filed a fresh lawsuit against the country's fugitive opposition leader over claims he forged and published a false map of the border with neighbouring Vietnam.

Opposition leader Sam Rainsy, who lives in self-imposed exile in France, was sentenced in absentia last month to two years in prison over a related conviction for uprooting border posts and inciting racial discrimination.

The new lawsuit was filed with Phnom Penh Municipal Court, government lawyer Ky Tech told AFP.

"The lawsuit involves forging public documents and publicising disinformation related to the forgery of a map in order to manipulate the public over the border issue with Vietnam," Ky Tech said.

In his January conviction, Sam Rainsy and two villagers were found guilty of intentionally damaging temporary border posts last October.

In the new case he is accused of posting a "fake map" of the border on his party's website, which the government says depicts incorrect border markings with Vietnam.

No formal map has yet been agreed between the two countries.

Sam Rainsy could face up to 15 years in prison for forging public documents and up to three years in jail for disseminating false information if convicted, the lawyer said.

Neither he nor his party spokesman could be reached for comment.

Cambodia and Vietnam officially began demarcating their contentious border in September 2006 after decades of territorial disputes.

Anti-Vietnamese sentiment in Cambodia in rife, fuelled by resentment at Vietnam's expansion over the centuries and the feeling that Cambodia is losing some of its territory.

But Cambodian Prime Minister Hun Sen maintains close relations with the Vietnamese regime and Sam Rainsy, whose party shares his name, has repeatedly accused the government of ceding land to Vietnam.

Vietnam and Cambodia share a 1,270-kilometre (790-mile) border, which has remained vague since French colonial times.

French-educated former finance minister Sam Rainsy is the main rival to Hun Sen. He has promised to promote liberal democracy and human rights, raise wages and fight corruption if elected.

Hun Sen this week accused Sam Rainsy of treachery for trying to stir up problems at the Vietnamese border while Cambodia is already embroiled in a bitter border dispute with Thailand.

If found guilty, Sam Rainsy could be sentenced up to 18 years in prison: Ky Tech about Hun Xen's travesty of justice

(Photo: The Phnom Penh Post)

Cambodia's opposition leader faces new lawsuit

Friday, February 26, 2010
AP

PHNOM PENH, Cambodia – Prime Minister Hun Sen's government filed a lawsuit Friday against opposition leader Sam Rainsy that accuses him of spreading false information about a border dispute with Vietnam.

The lawsuit was based on several comments made by Sam Rainsy, who questioned whether Cambodia's border with Vietnam had been incorrectly marked by the government to Cambodia's advantage.

Earlier this week, Hun Sen described Sam Rainsy's comments as treacherous because Cambodia already has a volatile border dispute with Thailand on its northern and western frontiers, so causing trouble with Vietnam could open up a potential second area of confrontation.

The government's lawyer, Ky Tech, filed the lawsuit at the Phnom Penh Municipal Court. It accuses Sam Rainsy of spreading false information verbally, which carries a prison term of up to three years, and in public documents on Web sites _ which carries a sentence of up to 15 years.

If found guilty, Sam Rainsy could be sentenced up to 18 years in prison, Ky Tech said.

Sam Rainsy is living in exile in Paris and was sentenced in absentia by a Cambodian court last month to two years' imprisonment for a political protest in which border markers on the frontier with Vietnam were uprooted.

The Sam Rainsy Party is the sole opposition party in parliament and Sam Rainsy is a fierce, longtime critic of Hun Sen. His previous tangles with the government have seen him go into self-imposed exile.

Hun Sen was installed after a Vietnamese invasion that ousted the genocidal Khmer Rouge regime in 1979. He is sympathetic with Hanoi, while Sam Rainsy bases part of his political appeal on pandering to traditional anti-Vietnamese sentiment common among Cambodians who don't trust their much larger neighbor.

Sacrava's Political Cartoon: Ky Tech

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)