Showing posts with label NEC bias towards CPP. Show all posts
Showing posts with label NEC bias towards CPP. Show all posts

Saturday, May 16, 2009

Biased NEC dismisses CPP vote-buying ... 'cause no money had changed hands

NEC Dismisses Vote-Buying as Campaign Ends

By VOA Khmer reporters
Original report from Phnom Penh
15 May 2009


The Phnom Penh Election Committee said Friday it would not pursue allegations of vote-buying by the ruling party, as campaigning ended for district- and provincial-level council elections.

Two commune councilors of the opposition Sam Rainsy Party say they were offered bribes of up to $1,000 to vote for two members of the Cambodian People’s Party, Ly Raman and Leng Phaly, in Sunday’s election.

The committee said it found no evidence money had changed hands and it was dropping the case.

Ly Nhok, a representative for the accused, called the decision “just.”

“This decision is very fair following the procedures and provides much justice for my clients, because the hearings were made in conformity with the law,” he said. “My clients did not commit vote-buying at all, and the plaintiffs had no clear evidence.”

Ly Sovichea, an attorney for the Sam Rainsy Party’s Var Sam and Bun Kheth, said the election committee had not considered the evidence and statements of witnesses. He would appeal to the National Election Committee, he said.

The dismissal came at the end of a 15-day council election campaign period, where three parties hope to earn more than 3,000 seats in provincial, municipal and district councils.

The ruling Cambodian People’s Party has around 9,000 commune council voters; the opposition Sam Rainsy Party has more than 2,000; and the party of Prince Norodom Ranariddh has around 400.

“Apart from the 2,660 commune council members from the Sam Rainsy Party, I have met with commune council members from other parties who told me they supported my party’s stand in helping the Cambodian people,” opposition leader Sam Rainsy said. “So they will support Sam Rainsy although they do not show up in public.”

Cheam Yiep, a CPP lawmaker, said the result of the election was obvious, given his party’s overwhelming majority.

Sout Dina, spokesman for the Norodom Ranariddh Party, said he felt optimistic about the result of the election.

“We can’t predict the result, as the voters are free to choose who they like,” he said.

Tep Nitha, secretary general for the National Election Committee, said the four parties campaigned only within their headquarters. No violence occurred during the election campaign, he said.

Tuesday, May 12, 2009

SRP to present evidence of CPP trying very hard to buy SRP councilors in the run-up to Sunday's election

May 12, 2009
Source: SRP

EVIDENCE OF CPP TRYING VERY HARD TO BUY SRP COUNCILORS
IN THE RUN-UP TO SUNDAY'S ELECTION

The Sam Rainsy Party (SRP) is organizing a special press conference in order to present evidence of the Cambodian People's Party (CPP) trying very hard to buy SRP commune councilors in the run-up to the May 17 municipal, provincial and district elections. The evidence consists of audio and video recordings as well as dozens of witnesses from all over Cambodia giving their testimonies "live" during the press conference.

The SRP is lodging legal complaints with the National Election Committee (NEC) against the CPP in order to prevent a number of CPP candidates from running for violation of the Election Law.

All interested persons/organizations are invited to attend the press conference.

Date: Thursday, May 14, 2009, at 09:00 a.m.

Venue: SRP Headquarters in Phnom Penh, # 71 Sothearos Boulevard

For any further information please contact Mr. Keo Phirum at 017 75 70 79

Friday, April 24, 2009

Opposition claims of 'vote buying' dismissed by CPP

Tep Nytha, secretary general of the NEC, during a press conference last month. (Photo by: TRACEY SHELTON)

Friday, 24 April 2009
Written by Vong Sokheng
The Phnom Penh Post


NEC secretary general says preparations for next month's elections are going smoothly and that voters are registered.

THE SECRETARY general of the National Election Committee said Thursday that preparations for next month's commune council elections were proceeding as planned, despite allegations from the Sam Rainsy Party that the Cambodian People's Party had been trying to persuade opposition commune councillors to vote for it.

Tep Nytha, the secretary general, said all 11,353 commune councillors had been officially registered to vote in the elections, which will see the councillors vote to determine the representation of their respective parties at the higher-level district councils and the municipal and provincial councils.

"We have finished the list of voters and the list of candidates from all political parties, and the process is going smoothly in advance of the campaign, which kicks off on May 2," Tep Nytha said.

But Yim Sovann, an SRP lawmaker and spokesman for the party, said there had been some irregularities with regard to the spelling of voters' names and also accused the CPP of "vote-buying" and intimidation.

"We have received information that the CPP has tried to persuade our council members by offering them positions in the government," he said.

He said the party would gather all of its commune councillors at a meeting on Sunday to "strengthen their political will" and discourage them from "selling their consciences" by voting for the CPP.

He said he expected the party to receive 20 to 30 percent of available seats in the Kingdom's district, provincial and municipal councils.

CPP denial

In a statement posted to its website on Tuesday, the CPP dismissed allegations that it had tried to persuade opposition lawmakers to vote for it and defended the effort of the NEC to run the elections smoothly and fairly.

"Some parties have continued to distort the NEC's responsible effort to organise the elections as well as the CPP's supremacy ... as they have done previously," the statement reads.

Cheam Yeap, a senior CPP lawmaker and member of the party's Central Committee, told the Post on Thursday that the party would hold a two-day conference over the weekend in an effort to shore up support among its commune councillors and articulate a political platform to gain more supporters.

"It is the right of the political parties to criticise, but the CPP does not have a policy of buying votes," he said.

Funcinpec and the Norodom Ranariddh Party will participate in the elections along with the CPP and the SRP.

The Committee for Free and Fair Elections in Cambodia released a report in February blasting the elections as meaningless, saying they will hold no interest for the general public.

Thursday, March 19, 2009

EU Election Experts to Help Committee

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
18 March 2009


The European Commission is providing two technical experts to the National Election Committee in order to strengthen the agency for national elections in 2012.

Alexandre Castanias, a media and communications advisor, and Eric des Pallieres, a complaint and procedural advisor, joined the NEC Wednesday, the agency said in a statement.

The two will help the government body “in both legal affairs and media affairs” Rafael Dochao Moreno, charges d’affaires of the European Commission Cambodia mission, told reporters after penning an agreement with the NEC Wednesday.

Cambodia is preparing for district- and provincial-level elections in May, but the two experts, who are expected to stay through the end of 2009, will mostly help the NEC prepare for national elections in 2012.

“The two experts will be working with the NEC and will help as media or public relations and will help us make legal reports following international standards,” NEC Chairman Im Soursdey said Wednesday.

Opposition lawmaker Son Chhay, of the Sam Rainsy Party, welcomed the experts, but said he did not expect them to change the NEC’s system, which he called biased toward the ruling Cambodian People’s Party.

Son Chhay appealed for the European Commission to help the NEC hold elections that are free and fair.

“The NEC system needs more experts from foreign countries, such as the European Union, to train in the technical system or reporting,” Hang Puthea, executive director of the Neutral and Impartial Committee for Free and Fair Elections, said. “This is lucky, that the EU provided two experts to the NEC.”

He said he hoped in the upcoming election NEC’s election system would change.

Tuesday, March 17, 2009

CPP backs NEC ban on foreign participation in council elections [... but it is OK for Vietnamese to vote in Cambodian elections?]

On the campaign trail in Phnom Penh during last year's general election. (Photo by: HENG CHIVOAN)

Tuesday, 17 March 2009

Written by Vong Sokheng
The Phnom Penh Post


Election watchdog Comfrel says military, police influence a higher priority.

THE ruling Cambodian People's Party said Monday it supports the ban on foreign citizens participating in the May 17 district, municipal and provincial elections.

In the election, votes will be cast by the 11,353 elected commune council members, but not by the public. The new bodies are part of the government's decentralisation program to improve representation among the National Assembly and the commune councils.

Senior CPP lawmaker Cheam Yeap told the Post his party agreed with last week's ruling by the National Election Committee and said it would help to prevent any violence that might ensue by inflammatory comments by foreigners.

He claimed the CPP had discovered foreigners helping the opposition Sam Rainsy Party in last year's general election, campaigning in Kampong Cham and Prey Veng.

"We are patient with criticisms made by Cambodian politicians, but we don't want to see electoral campaigns conducted by foreigners in support of opposition political parties," said Cheam Yeap. "Their criticisms look down on Cambodia and our people."

But SRP Secretary General and lawmaker Ke Sovannroth denied the allegation. She said the only foreigners who took part in the general election were international observers monitoring proceedings.

The election-monitoring body Comfrel said the NEC had missed the point and ought to focus on more relevant issues. Comfrel Executive Director Koul Panha said the issue of foreign participation was not a priority.

"It happens very rarely and would have no influence - foreigners respect the code of conduct," he said.

Koul Panha said the NEC ought to prioritise focussing on the role of the police and Royal Cambodian Armed Forces in influencing election results. He said the NEC should issue clear regulations on how those bodies participated in elections.

NEC Secretary General Tep Nytha said the regulation was designed to remind all parties that foreigners were not allowed to take part in the campaign, and any party that flouted the rule could be fined.

Campaigning for the election will run from May 1 to 15 and is to see the CPP, the SRP, the Norodom Ranariddh Party and Funcinpec competing to win votes from the country's 11,353 commune councillors. The outcome will determine the composition of the parties at the higher-level district councils and the municipal and provincial councils.

Tep Nytha said CPP candidates were listed at 217 polling stations, the SRP had candidates at 205, Funcinpec candidates were at 71 and the NRP were at 62. A total of 17,293 candidates from the four parties are registered with the NEC.

The CPP's Cheam Yeap said his party was ready to compete with all four political parties in May's election and appealed to each party to actively build confidence among their voters.

"We aren't worried about the influence of those foreigners who back opposition parties, but we don't want foreigners coming here and insulting the Cambodian people," said Cheam Yeap.

Monday, March 16, 2009

Foreigners banned from election campaign

15 March 2009
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) just issued an announcement indicating that non-Khmer citizens will no longer be allowed to join the election campaign.

The news was revealed by the NEC during a press conference held during the end of last week. Foreigners will no longer be able to take part in an election campaign. Tep Nitha, NEC secretary-general, justified this decision: “In the past, non-Cambodian personalities gave public speeches to say nonsense and to defame (others).” As a result, the NEC has received several complaints. However, short of any legal framework, Tep Nitha wants to put an end this gray issue. He explained that this ban does not apply to the Cambodian diaspora, nor does it apply to foreigners detaining Cambodian citizenship.

The upcoming election will be held on 17 May. It will be held to elect municipal, provincial, cities and districts councils. The post-election period will start on 01 May and will end on 15 May. According to the NEC, only four parties are represented: the CPP, the SRP, Funcinpec and the NRP. The ruling CPP party is presenting candidates in all 217 wards in the country, the SRP in 205, Funcinpec in 71 and the NRP in 64. The ballot will be indirect. Those who will be able to vote are members of the commune councils. Several NGOs, among them feature important ones, have declined to send in observers, claiming the outcome is already known beforehand. Up to now, only two NGOs with 61 investigators have registered with the NEC.

Monday, March 02, 2009

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.

Thursday, February 26, 2009

Sam Rainsy lodges complaint contesting election body fine

Thursday, 26 February 2009
Written by Meas Sokchea
The Phnom Penh Post

The complaint comes one day after Hun Sen threatened to strip opposition leader of parliamentary immunity if he did not pay.

OPPOSITION leader Sam Rainsy lodged a complaint Wednesday with the Constitutional Council asserting that a fine levied against him by the National Election Committee and later upheld by the council was illegitimate.

The president of the Sam Rainsy Party (SRP) was recently fined 10 million riels (US$2,400) by the NEC for making derogatory comments about Cambodian People's Party leaders during last year's national election. That decision has since been upheld by the Constitutional Council and the Phnom Penh Municipal Court.

Sam Rainsy has repeatedly claimed that the matter is a penal one and can only be ruled on by the courts.

Also Wednesday, 17 SRP parliamentarians wrote to the council supporting Sam Rainsy's complaint.

The complaint comes one day after Prime Minister Hun Sen warned Sam Rainsy that he would be stripped of his parliamentary immunity unless he paid the fine. Speaking at the National Institute of Education Tuesday, Hun Sen said lifting Sam Rainsy's immunity - which requires a two-thirds vote in the National Assembly - would pose no problem for the CPP, which holds 90 of 123 parliamentary seats.

Jurisdiction

Referring to the council, the letter written by the SRP parliamentarians states: "The CC did not send the lawsuit, which was not under its jurisdiction, to the body that has jurisdiction." This amounts to a constitutional violation, the letter states.

Pit Taing San, secretary general of the council, declined to comment on the case beyond saying that the ruling of the council upholding the fine was final and could not be appealed.

Tep Nytha, secretary general of the NEC, said the NEC is allowed to levy fines against election law violators.

But Heang Rithy, president of the Cambodian National Research Organisation, said Sam Rainsy's claim that the case should be decided by the courts is correct.

Sam Rainsy counter-attacks to preserve his parliament immunity

(Photo: Cambodge Soir Hebdo)

25 Feb 2008

By A.N.
Cambodge Soir Hebdo
Translated from French by Tola Ek
Click here to read the article in French

The Kampong Cham MP contested the constitutionality of the NEC’s decision to condemn him to pay a 10 million riels ($2,500) fine for disparaging the CPP leaders during the 2008 legislative campaign.

Threatened by Hun Sen to lift his parliamentary immunity, opposition leader Sam Rainsy does not intent to be intimidated by it.

Sam Rainsy’s office just reacted through a communiqué: Sam Rainsy lodged a complaint with the Constitutional Council regarding “the unconstitutionality/illegality” of the NEC’s decision which was subsequently validated by the same Constitutional Council. “Those decisions are pertaining to a "criminal offence" that is under the exclusive jurisdiction of the Tribunal under the Supreme Court,” the SRP communiqué stated.

As stipulated by the law, 17 MPs wrote to the Constitutional Council to support Sam Rainsy’s procedure. Finally, Sam Rainsy also wrote to Heng Samrin, the president of the National Assembly, to inform him about his procedural steps.

Sam Rainsy was fined by 10 million riels ($2,500) by the NEC for disparaging the CPP leaders during the 2008 election campaign.

SRP’s Procedural Steps to Prevent the Lifting of Sam Rainsy's Parliamentary Immunity

February 25, 2009
Source: SRP

DEMARCHE TO PREVENT
THE LIFTING OF SAM RAINSY'S PARLIAMENTARY IMMUNITY

The following demarche was made today to prevent the lifting of SRP President Sam Rainsy's parliamentary immunity:
  1. Sam Rainsy lodged a complaint at the Constitutional Council pointing to the unconstitutionality/illegality of recent election-related decisions made by the National Election Committee and the Constitutional Council. Those decisions are pertaining to a "criminal offence" that is under the exclusive jurisdiction of the Tribunal under the Supreme Court.
  2. As required by the law, a number (17) of National Assembly Members wrote to the Constitutional Council to support Sam Rainsy's legal complaint.
  3. Sam Rainsy wrote to National Assembly President Heng Samrin to inform him about the SRP demarche.
Read the three documents in Khmer at http://tinyurl.com/byqx7f

SRP Cabinet

Wednesday, February 25, 2009

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.

Tuesday, February 24, 2009

Sam Rainsy is not worried about immunity lifting attempt

Monday, February 23, 2009
Everyday.com.kh
Translated from Khmer by Socheata

Opposition leader Sam Rainsy, whom the Phnom Penh municipal court asked to lift his parliamentary immunity because he did not pay the fine imposed on him by the National Election Committee (NEC), said that he is not worried about this attempt. He told The Cambodia Daily on Sunday that, he does not pay attention on the information about this attempt: “I am not worried about my parliamentary immunity lifting, the National Assembly meeting session is more valuable to me than the fine imposed on me.” He added that he will pay the fine to the NEC if it still insists on having him paid it off even though he is still legally fighting this court case. CPP MP Cheam Yiep said that as a MP, Sam Rainsy should pay the fine to the NEC, if he does not pay the fine, he should not contravene the law. Cheam Yiep told The Cambodia Daily that the NA must lift Sam Rainsy’s immunity to force him to pay his fine.

Saturday, February 21, 2009

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.

Thursday, February 12, 2009

Sam Rainsy is not backing down

Photo: Cambodge Soir Hebdo

11 Feb 2009

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


The opposition leader said that he is ready to exhaust all legal venues in the alleged insult case against CPP officials in which he was fined 10 million riels ($2,500) by the National Election Committee (NEC).

Summoned by the deputy prosecutor of the Phnom Penh municipal court on Wednesday 11 Feb, Sam Rainsy declared that he is ready to pay the 10 million riels fine imposed upon him by the NEC, following a complaint brought up by the CPP for alleged insults Sam Rainsy leveled against 3 CPP leaders during the July 2008 election campaign. The NEC fine decision was also upheld by the Constitutional Council.

The opposition leader declared to a group of journalists present that he wished to obtain justice. “Money is not important me, but I want to exhaust all legal venues, up to the Supreme Court, or all the way to the pardon by the king. If at the end I must pay, I will do it,” Sam Rainsy indicated.

Sam Rainsy hopes that, in parallel to this case, the Phnom Penh municipal court will look into the complaints he brought up against several village chiefs and commune councilors for falsification of election lists.

He indicated that these village chiefs and commune councilors should be sentenced to 5 to 6 years of jail time if they are found guilty. “There must be a balance. The NEC sentenced me, but it must also look into my complaints,” Sam Rainsy added.

Thursday, February 05, 2009

Sam Rainsy to ignore second court summon in the case of NEC the lawsuit

(Photo: SRP)
04 Feb 2009
By Duong Sokha
Ka-set
Unofficial translation from French by Tola Ek
Click here to read the article in French
Click here to read the article in Khmer

Sam Rainsy will not reply to the second summon issued by the Phnom Penh municipal court planned for 11 Feb, following a lawsuit brought up against him by the National Election Committee (NEC) in December 2008.

The NEC fined the opposition leader for insulting CPP officials during the July 2008 general election campaign. The fine amount was set at 10 million riels ($2,500) and Sam Rainsy never paid for it. The SRP President brought the case up to the constitutional council which sided with the NEC.

Sam Rainsy did not show up to the prosecutor office on 27 January, and he will also boycott the 11 Feb summon as well, he announced on Wednesday 04 Feb.

He repeated that he was only citing information published by Global Witness in a report blaming government officials. “Why don’t they go after Global Witness rather than me?”

Another question that Sam Rainsy also asked: “Why the Phnom Penh municipal court did not look into the SRP’s lawsuit against CPP commune chiefs and the NEC for illegally using form 1018 during the election day…?”

Thursday, January 22, 2009

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.

Wednesday, January 21, 2009

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.”

Monday, December 22, 2008

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.

Thursday, November 06, 2008

Opposition Cites Election Law as Top Hurdle

Kè Sovannaroth, SRP Secretary-general (Photo: Cambodge Soir Hebdo)

By Pin Sisovann, VOA Khmer
Original report from Phnom Penh
05 November 2008


The newly appointed secretary-general of the opposition Sam Rainsy Party says she will face many challenges to expand its influence. The top challenge, though, continues to be the National Election Committee, said Ke Sovannaroth.

An imbalanced election law leads to discrimination against opposition supporters, messy voter lists, biased election officers and media broadcasts, and the ruling Cambodian People’s Party to lure party supporters with government positions, she said.

The Sam Rainsy Party expanded its seats in the National Assembly by only two after July’s election, but Ke Sovannaroth said this was not an accurate representation of the people’s will. The party remains popular, she said, despite a series of high-level “defections” of opposition supporters to the CPP.

“In fact, we have loyal members, activists,” she said. The small gains “came from the electoral law and its implementation, which saw major bias toward the ruling party.”

Despite the relative poverty of many SRP supporters, she said supporter abandonment was a minor obstacle compared to those put up by the election law.

Without enough seats to change the law, Ke Sovannaroth said it would be up to Cambodia’s donors to push the country towards “real democracy.”

“They have to have the electoral law and its regularities amended,” she said. “We will push for donors to review their aid, which was used to mobilize cabinet leadership.”

The government had now become, she said, “bigger and bigger, but not effective.”

NEC Secretary-General Tep Nitha denied bias in the government agency: “No election observer made such a claim with clear evidence.”

CPP lawmaker said Cambodia remained a multi-party democracy. There are no such things as truly impartial people, so any committee would have political supporters, he said.

“Can we get neutral, impartial individuals?” he asked. “We can, by having individuals abide rightfully by law.”

Hang Puthea, president of the Neutral and Impartial Committee for Free and Fair Elections, said an amended election law would likely not happen.

“Because most of the lawmakers are from the ruling party, I think there would not be any effective amendments to the law,” he said.

Koul Panha, director of the Neutral and Impartial Committee for Free and Fair Elections, said opposition parties would have to work together and amend the law eventually.

“The environment has created some obstacles,” he said, “so they should prepare strategies to work in this environment.”