Sam Rainsy asks Heng Samrin to cancel the suspension of his parliamentary immunity

01 March 2009
By Khim Sarang
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

It has been 3 days that opposition leader Sam Rainsy lost his parliamentary immunity. Recently, Sam Rainsy sent a letter to Heng Samrin, president of the National Assembly (NA), asking him to cancel the suspension of his parliamentary immunity.

Up until Sunday morning, the NA has maintained the decision to lift Sam Rainsy’s immunity even though the National Election Committee (NEC) had already withdrawn its lawsuit against the opposition leader in this case.

Sam Rainsy considers the lifting of his parliamentary immunity a threat to shut down the opposition voice: “What they did was illegal, they did it in haste to threaten the opposition spirit.”

Sam Rainsy gave this reaction after he sent a letter to Heng Samrin to request for the cancellation of the decision to lift his parliamentary immunity.

On 26 Feb, based on the request made by the NA permanent committee, Heng Samrin agreed to lift Sam Rainsy’s parliamentary immunity.

The request to lift Sam Rainsy’s immunity was aimed at bringing him to court to face a NEC lawsuit in regards to the NEC fine imposed on Sam Rainsy for his disparaging remarks on Hun Sen during the 2008 election campaign.

A few hours following the decision to lift Sam Rainsy’s immunity, the SRP had decided to pay off the 10 million riels fine as imposed by the NEC. After this pay off, the NEC decided to drop its lawsuit against Sam Rainsy, all that remains now is for the NA to cancel the lifting of his parliamentary immunity.

On Satruday, Sam Rainsy said that he wrote a letter to Hen Samrin regarding this issue. Sam Rainsy said: “I saw a letter issued by Mr. Im Suosdey, NEC president. Mr. Im Suosdey wrote a letter to the prosecutor of the Phnom Penh municipal court to withdraw the NEC lawsuit against me. Therefore, the NEC considers this case closed, and it asked the court to end this lawsuit. So, I also wrote to Samdach Heng Samrin telling him that, since the NEC withdrew its lawsuit, the NA also must urgently give me back my immunity.”

On Saturday, and again on Sunday, Heng Samrin could not be reached, and neither are the officials involved in the decision to lift Sam Rainsy’s immunity.

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.

Latest Developments After the Lifting of Sam Rainsy's Immunity

February 28, 2009

LATEST DEVELOPMENTS AFTER THE LIFTING OF SAM RAINSY'S IMMUNITY

- Following the payment by SRP President Sam Rainsy of the controversial 10-million riels election fine, National Election Committee (NEC) President Im Suosdey wrote on February 27 to the Phnom Penh Court Prosecutor stating that the NEC withdraws its legal complaint against Sam Rainsy.
See letter in Khmer at http://tinyurl.com/da79ps

- Following the above-mentioned letter from Im Suosdey, Sam Rainsy wrote the same day to National Assembly President Heng Samrin asking for the official reestablishment of his parliamentary immunity that was illegally lifted on February 26.
See letter in Khmer at http://tinyurl.com/djn5yv

SRP Cabinet

Sam Rainsy lost his immunity [through illegal tactics by the CPP-controlled NA permanent committee]

26 Feb 2009
By Leang Delux
Cambodge Soir Hebdo
Translated from Khmer by Luc Sâr
Click here to read the article in French

Sam Rainsy contests the decision of the National Assembly permanent committee to lift his parliamentary immunity, and he plans to write to the king to ask for a pardon.

The NA permanent committee showed its fast zeal in deciding on Thursday 26 Feb to lift Sam Rainsy’s parliamentary immunity at the request of Hang Vong Ratana, the minister of Justice. The opposition leader now becomes a citizen just like anybody else because he was sentenced by the NEC to pay a 10 million riels fine ($2,500) for disparaging CPP leaders during the July 2008 general election.

CPP MP Chheang Vun, a member of the NA permanent committee and chairman of the foreign affairs committee, had confirmed this decision. “According to the constitution, during the NA vacancy period, the permanent committee can make this decision and then inform the MPs during the plenary session,” he told Cambodge Soir Hebdo. Nevertheless, Article 80 of the Constitution stipulates the need for an additional step: “Decision of the permanent committee must be submitted to the following plenary session for an adoption by a 2/3 majority of its members.”

The permanent committee plans to write to the justice minister to inform him about its decision to lift Sam Rainsy’s immunity.

On the other hand, Sam Rainsy is protesting: “I did not lose my immunity because the NA has yet to pronounce (its decision) in plenary session, the permanent committee has no right to take this decision.”

Sam Rainsy criticized the tactics: “I am asking for some time because I made an appeal to the Constitutional Council to study if the decision to sentence me abides by the Constitution.”

Sam Rainsy plans to get out of this imbroglio through a maneuver: “I will write to the king to ask for a pardon and I will send the 10 million riels to the Kantha Bopha hospital instead.”

In 2005, Sam Rainsy also lost his parliamentary immunity for defaming Norodom Ranariddh.

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.

Hun Sen threatens to lift Sam Rainsy's immunity

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

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

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

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

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

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

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

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

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

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

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

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

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

Sam Rainsy 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…?”

Biased NEC fines Sam Rainsy 10 million riels for calling CPP thieves "thieves of the nation"

NEC Fines 20 Million Riel in Campaign Cases

By Chiep Mony, VOA Khmer
Original report from Phnom Penh
23 July 2008

The National Election Committee on Wednesday ruled in favor of 11 cases filed against opposition leader Sam Rainsy by ruling Cambodian People's Party officials and in favor of two Sam Rainsy Party complaints.

CPP officials had accused Sam Rainsy of defaming and insulting the CPP's top leaders as "thieves of the nation" and a "blind driver."

The NEC fined Sam Rainsy a total of 10 million riel in all 11 cases, but denied a motion by CPP lawyer Ben Sonsamay for the removal of Sam Rainsy's parliamentary candidacy.

The NEC ruled in favor of SRP Kampot candidate Mu Sochua, fining CPP provincial official San Sman 5 million riel for using a military vehicle to campaign.

The NEC fined Thin Venneth, a CPP deputy village chief, 5 million riel, for the use of a state motorcycle for campaigning.