SRP-NA Press Release Statement in the Appeal Case of Mrs. Mu Sochua

Source: SRP North America

10/28/2009

IMMEDIATE PRESS RELEASE

The Sam Rainsy Party of North America (SRP-NA) is not at all surprised to see the Cambodian appeal court ruled in favor of its ruler, Prime Minister Hun Sen. It has not been the first, nor the last in a series of the country court's ruling against all critics of its government.

While the court could have used the opportunity to exert its power and judicial independency, it has unfortunately chosen to resign to either the government pressure and/or its own incompetency in reading the law concerning the case.

The Cambodian courts have proved to be completely indebt in its own interpretation of the law, particularly when it comes to constitutional rights of any critics of the Cambodian government. In this case, the courts have merely functioned as a legal biased entity, in favor of the government's argument.

MP Mu Sochua's basic rights and dignity, along with other critics have been violated, once again in favor of the country's most powerful person. In this case, the prime minister of the country who could say or do no wrongs, in any event.

We call on international community and donors' countries to help ensure independency of Cambodia's justice system in order to protect human rights and dignities across the nation.

SRP-NA Secretariat
10/28/2009

Court upholds Mu Sochua conviction

Parliamentarian Mu Sochua appeared in court on Wednesday as the judges rejected her appeal of a defamation conviction. (Photo by: Sovan Philong)

Thursday, 29 October 2009
Meas Sokchea and Sebastian Strangio
The Phnom Penh Post

“Since [Mu Sochua] is among the most proactive women activists and lawmakers in Cambodia, I am disappointed she wasn’t given more respect” - Thida Keus, executive director of rights group Silaka and secretary general of the Committee to Promote Women in Politics

THE Court of Appeal has upheld the defamation conviction of opposition lawmaker Mu Sochua, an outcome the Sam Rainsy Party parliamentarian described as “politically motivated”.

In a hearing on Wednesday, Judge Seng Sivutha affirmed the ruling handed down by the Municipal Court in August, which found Mu Sochua guilty of defaming Prime Minister Hun Sen and ordered her to pay a total of 16.5 million riels (US$3,963) in fines and compensation.

During the hearing, Mu Sochua was defiant, appearing in court without a defence attorney and refusing to answer any questions because of her lack of counsel, she said.

“I don’t want other lawyers to become victims like Kong Sam Onn,” she said, referring to her former defence lawyer, who resigned and defected to the ruling Cambodian People’s Party in July after he was also sued for defamation by the premier.

After the hearing, she rejected the court’s decision and pledged to take her appeal to the Supreme Court.

“I’m not going to pay the fine – I’ve said that before clearly,” she said. “I’m just giving the courts of Cambodia another chance to prove that they can do their job.”

In a statement released after the hearing, the SRP decried the outcome as a “mockery of justice” that merely mimicked the verdict handed down in August. “The Appeal Court, ignoring principles of fair trial, blindly affirmed the decision of the Municipal Court: The accused was denied her rights to be represented by a lawyer of her choice, and to be judged by an independent and impartial tribunal,” the party stated.

The prime minister sued Mu Sochua for defamation in April after she filed her own complaint, claiming he referred to her in a speech as a cheung klang – a Khmer term meaning “strong leg” but considered derogatory when used in relation to women. Her own lawsuit against Hun Sen was dismissed by the Appeal Court on October 14.

Hun Sen’s lawyer, Ky Tech, said during the hearing that Mu Sochua’s comments about her own lawyer were an attempt to politicise the issue, and that the wording of Mu Sochua’s lawsuit – in which she requested 500 riels in symbolic compensation – was clear evidence that she aimed to attack and insult the prime minister.

“She held a press conference to defame Samdech Hun Sen and said she would sue [him]. She demanded 500 riels, but this amount could not wash away the stain on her reputation if she had really been defamed by Hun Sen,” Ky Tech said.

“There was only one aim – to defame Samdech Hun Sen.”

Rights activists, however, said the verdict was a clear case of political manipulation.

“Poor people can’t make complaints against high-ranking people. This is the custom of Cambodia,” said Chan Soveth, a senior monitor at local rights group Adhoc.

The outcome of the appeal, he said, was a foregone conclusion from the moment the original verdict was delivered.

“The Phnom Penh court had made its decision already, [a] decision made not by the court but by high-ranking people. The Appeal Court could not make a new ruling,” he said.

Thida Keus, executive director of rights group Silaka and secretary general of the Committee to Promote Women in Politics, said she was disappointed the court did not conduct its own investigations into the case, adding that the verdict could discourage women from getting involved in politics.

“Since [Mu Sochua] is among the most proactive women activists and lawmakers in Cambodia, I am disappointed she wasn’t given more respect,” she said.

“I feel very sad that this has happened – not just for women, but also for the public and the international community who know the judicial system in Cambodia is not free.”

The ruling came a week after the Governing Council of the Geneva-based Inter-Parliamentary Union adopted a resolution expressing “deep concern” at the sentencing of Mu Sochua for making statements that “clearly fall within the limits of her freedom of expression”.

The resolution, adopted in Geneva on October 21, also decried the removal of Mu Sochua’s parliamentary immunity in June to pave the way for the defamation case, and said she “did not enjoy her right to legal counsel of her choice” following Kong Sam Onn’s resignation in July.

Appeals Court Upholds Fines for Mu Sochua

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
28 October 2009

The Court of Appeals on Wednesday upheld a lower court’s decision to fine opposition lawmaker Mu Suchua in a defamation suit brought by Prime Minister Hun Sen.

Mu Sochua was ordered to pay $4,000 in fines and damages to the premier, who had countersued her after she accused him of derogatory remarks in a public speech in April.

Mu Sochua told reporters outside the court the verdict did not represent “Khmer justice.”

“Khmer people, as well as the international community, have acknowledged that the court system in Cambodia has plenty of political pressure,” she said.

Ky Tech, Hun Sen’s lawyer, called the decision acceptable and fair.

Chan Saveth, a monitor for the rights group Adhoc, said the courts had not given Mu Sochua a chance to respond to her case.

To the international community, it will appear that the Cambodian courts are under the influence of the executive branch, he added.

Cambodian opposition MP loses defamation appeal

2009-10-28
Associated Press

A Cambodian court on Wednesday upheld the conviction of a prominent opposition lawmaker for defaming Prime Minister Hun Sen in a case that critics charged was part of a pattern of intimidation against his opponents.

Judge Seng Sivutha of the Appeals Court let stand the ruling of the Phnom Penh Municipal Court against Mu Sochua, a member of parliament from the opposition Sam Rainsy Party. He said her action had "incited to other Cambodian women to dislike" Hun Sen.

The original case against her was one of several recent legal actions taken by Hun Sen's government against its critics in the opposition and the press.

"The Court's decision confirms that there is no rule of law in Cambodia when a person dares to challenge the government," her party said in a statement.

When the case against her moved ahead in June, the New York-based group Human Rights Watch said Hun Sen had "a long history of trying to muzzle Cambodia's political opposition and undermine the independence of the legal profession."

The case against Mu Sochua was filed after she attempted to sue the prime minister for remarks he made about her, and he then countersued. In August, she was found guilty and ordered to pay a 8.5 million riel ($2,000) fine to the state and 8 million riel ($1,882) in compensation to Hun Sen.

The Phnom Penh Municipal Court rejected her lawsuit in June, saying it was groundless, but moved ahead with the prime minister's countersuit.

Cambodia's Parliament, dominated by Hun Sen's ruling coalition, then stripped the immunity from prosecution of Mu Sochua and another opposition legislator who was being sued for defamation by Hun Sen and senior military officers, allowing the case to go ahead.

In June, the office of the U.N. High Commissioner for Human Rights in Cambodia criticized the lawsuits against the lawmakers, saying they undermine the constitutional freedom of opinion and expression.

On Wednesday, Mu Sochua said that the legal proceedings were totally influenced by political manipulation, and that she would appeal to the Supreme Court.

"My trial is a political prosecution, not a real trial," she said.

Appeal Court upheld lower court decision in Mu Sochua’s case … She will appeal to the Supreme Court

Wednesday, October 28, 2009
KI-Media

On 28 October, the Appeal court upheld the lower court verdict in the defamation lawsuit brought up by Hun Xen against SRP MP Mu Sochua. Mrs. Mu Sochua lost her case in the earlier verdict handed down by the Phnom Penh municipal court. Mrs. Mu Sochua told reporters, following the announcement of the Appeal Court verdict, that she will pursue her case to the Supreme Court and that she will not stop it here.

Mu Sochua and her supporters lighted candles in front of Appeal Court to call for Justice

SRP Mu Sochua and supporters light candles today in front of Appeal Court to call for Justice before the Appeal Court announced verdict today.

(All Photos: SRP)

Appeals Court to Hear Mu Sochua's case

Phnom Penh , October 26, 2009
Source: SRP

Appeals Court to Hear Mu Sochua's case

Members of Parliament of the Sam Rainsy and Human Rights Parties will join MP Mu Sochua at the Appeals Court , where she will seek justice to overturn the guilty verdict handed to her on Ausgust 4, 2009 by Phnom Penh Municipal Court.

The public is informed and invited to witness the proceedings of the appeals court on

• Wednesday 28 October, 2009
• Time : 8 am
• Location : Appeals Court (in compounds of the Ministry of Justice)

For more information please call: 012 831 040

SRP Cabinet

Appeals Court Throws Out Suit Against Hun Sen

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
15 October 2009

"Critics warn that the courts nationwide are being used as a tool to clamp down on dissent"

The Appeals Court on Wednesday upheld a lower court's decision to throw out a defamation lawsuit by opposition lawmaker Mu Sochua against the premier.

Mu Sochua, who has been fined $4,500 in a countersuit by Prime Minister Hun Sen, alleges that the premier made disparaging remarks about her in a public speech in April. The Phnom Penh Municipal Court threw out the case, and Mu Sochua appealed.

The decision showed "clearly" that "there is no balance of justice in Cambodia," Mu Sochua said Wednesday. "Equality before the law is only in theory. The loss of neutrality and independence of judges is a serious danger for the country."

Mu Sochua said she had no plan to pursue an appeal at the Supreme Court.

Hun Sen lawyer Ky Tech called the decision "fair."

"This decision was not surprising," said Pung Chiv Kek, president of the rights group Licadho.

Cambodia's courts have come under increased criticism since Mu Sochua had her parliamentary revoked, along with another opposition lawmaker, in April, and with the jailing of an opposition journalist and threats of a lawsuit against another.

Critics warn that the courts nationwide are being used as a tool to clamp down on dissent.

Appeals Court to Hear Mu Sochua Case

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
12 October 2009

The Appeals Court is expected later this month to hear the defamation case against opposition lawmaker Mu Sochua, after she was ordered by a lower court to pay $4,000 in a suit brought by Prime Minister Hun Sen.

The case against Mu Sochua, filed after she herself sued the premier for allegedly disparaging remarks in a speech in April, has worried critics of a trend where senior officials have used the courts to silent dissent.

Mu Sochua, who represents Kampong province for the Sam Rainsy Party, appealed when she lost the suit in Phnom Penh Municipal Court in August. She earlier had her parliamentary immunity suspended in order for the courts to pursue its case.

Appeals Court prosecutor Cheth Khemara requested Mu Sochua appear Oct. 28, requesting she “bring various documents relating to this penal case with her, if necessary.”

Ky Tech, Hun Sen’s lawyer, said he was confident the Appeals Court would uphold the finding of the municipal court.

Mu Sochua said she had little hope for a fair verdict.

“I have no choice, but I’ll use a judicial system that I think has very little independence,” she said.

She called on Appeals Court judges “to use their discretion, standing on capacity and judgment with conscience and professionalism.”

Last month, Phnom Penh Municipal Court dropped a defamation case against SRP lawmaker Ho Vann, who had been sued by a group of senior military officials.

Meanwhile, opposition journalist Hang Chakra is serving a one-year prison sentence for publishing stories on corruption within the powerful Council of Ministers.

Mu Sochua still maintains that Hun Xen defamed her

Saturday, October 03, 2009
Rasmei Kampuchea
Translated from Khmer by Socheata

Kampot SRP MP Mu Sochua showed up at the Appeal Court to clarify her lawsuit case in which she accuses Hun Xen of defaming her.

At the court, she still maintains that Hun Xen defamed her in a speech he gave in Kampot on 04 April 2009.

The new claim made by Mrs. Mu Sochua was made in front of Appeal Court Judge Uk Savuth in the afternoon of 02 October 2009, when Mrs. Mu Sochua was summoned by the court in relation to her lawsuit against PM Hun Xen.

Her original lawsuit was dismissed by the Phnom Penh municipal court in May and the court claimed that her lawsuit did not have the proper legal weight.

However, Mrs. Mu Sochua was not satisfied with the ruling of Phnom Penh municipal court and she also asked that the court review the case of the defamation lawsuit brought up by Hun Xen against her recently.

Following a 1-hour clarification at the Appeal Court, Mrs. Mu Sochua, a MP who lost her parliamentary immunity, told reporters that she maintains her claim about Hun Xen’s speech as aiming at her and it affected her honor as a Khmer woman.

Mrs. Mu Sochua also demanded that the Appeal Court hold a hearing to decide her case in conformance to Article 63 of the UNTAC criminal law regarding the defamation made against her that affects her honor and her good standing.

In the morning of 04 April 2009, during a speech made in Kampot province, Hun Xen said, without naming her, that a woman in Kampot who is a “Cheung Khlang” (thug) in the fight against land disputes, ran to hug someone, then she turns around and accuses that person of unbuttoning her blouse… Mrs. Mu Sochua claimed that Hun Xen’s speech was aimed at her and that it affected her honor as a representative of Cambodian women, as well as a MP.

Because of her daring to sue Hun Xen, Mrs. Mu Sochua was in turn sued back by Hun Xen who accused her of defamation against him.

On 04 August 2009, the Phnom Penh municipal court handed down its verdict and imposed a fine of 16.5 million riels ($4,100) on Mrs. Mu Sochua and decided that she lost her case against Hun Xen. This case has now reached the Appeal Court.

Mu Sochua Urges Fight on Rights ‘Battlefield’

By Men Kimseng, VOA Khmer
Original report from Washington
14 September 2009

Sam Rainsy Party lawmaker Mu Sochua, who is on a mission to the US, appealed to Cambodians here to provide stronger support to the struggle for freedom and human rights in their home country.

“Compatriots in the US, please continue your work by meeting with your congressmen and senators in all states,” Mu Sochua told a group of some 60 participants gathered Thursday in Arlington, Va., a suburb of the capital.

“We now go to the hot battlefield [in Cambodia], and back here the battlefield is also hot, but please go on,” she said, following her testimony at a congressional hearing on human rights the same day.

The Virginia gathering was part of an effort to update Cambodian-Americans about the human rights situation in Cambodia, which has deteriorated in recent months following apparent government attacks on its critics.

“I, as a Cambodian American, will make an appeal to and work with different organizations, associations and Cambodian community that I know,” Kuch Chanly, a participant from Maryland, told VOA Khmer after the gathering. “I have been traveling throughout the US, France, Australia, Canada and Germany, so I will follow and protect any Cambodian hero who dares stand up to protect democracy in Cambodia, so that they have support for the work.”

Mu Sochua was stripped off her parliament immunity in a defamation case brought against her by Prime Minister Hun Sen and was ultimately fined more than $4,000 by the courts.

She joined other rights advocates from Cambodia in a rare hearing by the Tom Lantos Human Rights Commission in Washington Thursday.

“I represent a community that has the second-largest Cambodian population in this country, the city of Lowell, Mass.,” Niki Tsongas, a Democrat from Massachusetts, told the congressional hearing. “What happens in Cambodia is very, very important to so many of my constituents, because they remain quite concerned for their loved ones that have remained there.”

Mu Sochua is due next to meet with the Cambodian communities in Long Beach and Stockton, Calif.