Showing posts with label SRP MP Mu Sochua. Show all posts
Showing posts with label SRP MP Mu Sochua. Show all posts

Saturday, January 29, 2011

IPU Decision in SRP MP Mu Sochua's immunity

SRP MP Mu Sochua (Photo: RFI)


COMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANS
CASE No. CMBD/47 - MU SOCHUA - CAMBODIA

Decision adopted by the Committee at its 132nd session
(Geneva, 17 - 20 January 2011)

The Committee,

Referring to the case of Ms. Mu Sochua, a member of the National Assembly of Cambodia, and to the resolution adopted by the Governing Council at its 187th session (October 2010),

Recalling the following: Ms. Sochua’s public announcement that she would bring a defamation lawsuit against Prime Minister Hun Sen for a speech he made in April 2009 alluding to her in a derogatory and insulting manner resulted in the Prime Minister filing a defamation lawsuit against her; while her defamation lawsuit against the Prime Minister was quickly dismissed, the Prime Minister’s lawsuit proceeded; in June 2009, the National Assembly decided to lift her parliamentary immunity in a closed session by a show of hands, without having given Ms. Sochua an opportunity to be heard; in August 2009, the Phnom Penh Municipal Court found her guilty and sentenced her to a heavy fine, a verdict which, in June 2010, was upheld in last instance by the Supreme Court; the courts, which based their arguments inter alia on a letter Ms. Sochua had written to the IPU, failed to establish the existence of the elements that constituted the offence of defamation and, in particular, to examine how Ms. Sochua’s actions could have harmed the Prime Minister’s reputation; Ms. Sochua stated that she would not pay the fine, in which case, according to Cambodian law, she would have had to serve a prison term; however, it was decided that the fine would be deducted from her MP’s salary,

Considering that in November 2010 the fine was paid off in full, but that her parliamentary immunity has still not been restored,

Saturday, September 26, 2009

Mu Sochua arrived in Cambodia on 25 September


24 September 2009
By Sok Serey
Radio Free Asia
Translated from Khmer by Heng Soy
Click here to read the article in Khmer

Latest updates:
  1. Mrs. Mu Sochua arrived in Phnom Penh on 25 September 2009 at 11:30AM.
  2. A court summon was issued for her to appear at the appeal court on 02 October 2009.
SRP MP Mu Sochua plans to arrive in Cambodia on Friday 25 September to fulfill her work to serve the people as usual. Her return follows her slightly more than one month absence from Cambodia starting from the beginning of August.

SRP MP Yim Sovann, spokesman for the SRP, indicated that Mrs. Mu Sochua’s arrival is nothing out of the ordinary: “She’s returning to accomplish her work as a Cambodian MP, as usual. She is returning from her mission overseas, and the National Assembly will hold its sessions soon, therefore, she will accomplish her work at the National Assembly to serve the people according to her duty as a Member of Parliament.”

Sok Serey: How about her immunity?

Yim Sovann: Mrs. Mu Sochua appealed her case, she is waiting for the Appeal Court’s decision.

Regarding the return of Mrs. Mu Sochua, General Khieu Sopheak, spokesman for the ministry of Interior, said that Mrs. Mu Sochua should not be concerned about her personal safety or security: “She’s like any ordinary citizen because the National Assembly did not restore her parliamentary immunity yet. For this case, I am not concerned, but if she’s concerned, it’s up to her. Normally, she’s like our 13-14 million people, safety protection is the same for everybody.”

Chan Soveth, an investigation official for the Adhoc human rights NGO, commented: “No matter what, regarding the security issues for politicians, for political parties, and for civil society organization officials, this is a duty of the Royal Government of Cambodia which must protect their safety.”

Mrs. Mu Sochua is the elected representative for Kampot province from the SRP party. Her parliamentary immunity was lifted by the National Assembly on 22 June 2009, and, at the same time, SRP MP Ho Vann also saw his immunity lifted.

On 04 August 2009, the Phnom Penh municipal court sentenced her to pay 16.5 million riels ($4,100) in damage compensation for defaming PM Hun Xen.

Mrs. Mu Sochua immediately appealed the verdict which was handed down while she did not have a defense lawyer in her case.

She left Cambodia to travel to the US on 05 August for her mission, as well as for personal reason.

She gave her testimony to the US Congress Tom Lantos Human Rights Commission hearing on 10 September, in Washington DC, along with Dr. Pung Chiv Kek from Licadho, and Moeun Tola from the Community Legal Education Center NGO.

Mrs. Mu Sochua criticized the evolution of democracy in Cambodia during that hearing, and she also criticized the lack of freedom of expression in Cambodia. Her testimony attracted immediate reactions from several high-ranking government officials.

Thursday, September 17, 2009

Lawmaker [Mu Sochua] Hails US Trip a Success

Left to right: US Congressman Jim Moran (D-Va), US Congressman James P. McGovern (D-Ma), SRP MP Mu Sochua and US Congresswoman Niki Tsongas (D-Ma)

By Sok Khemara, VOA Khmer
Washington
16 September 2009


Mu Sochua, an opposition lawmaker who testified before US Congress Thursday, said her trip to the US had meant more attention to Cambodia’s rights issues and more monitoring of the situation by the US.

The US will work to end injustice in the court and other crackdowns, she said, as a guest on “Hello VOA” Monday, following talks with senior US officials.

“First, they will send a team of high-level delegates to clearly assess the situation in Cambodia,” said Mu Sochua, who represents the Sam Rainsy Party for Kampot province. “And second, they said aid must be attached to the respect of human rights. Third, they will pay close attention and they will monitor and take action to end the use of injustice in the courts to crack down on opposition members of parliament.”

Mu Sochua was referring to herself and SRP lawmaker Ho Vann, both of whom had their immunity stripped earlier this year and faced lawsuits from high-level officials.

She testified Thursday before the Tom Lantos Human Rights Commission of the US House of Representatives, along with Kek Galabru, founder of the rights group Lichado, and Moeun Tola, of the Community Legal Education Center.

Cambodian officials dismissed the hearing as biased and denied many of the accusations of its participants as exaggerations.

“What I came to testify here for was not my personal interest,” Mu Sochua said Monday, “but the people’s interest.”

Sunday, August 30, 2009

Being so used to be hand-fed by the CPP for free, Kampuchea Thmei couldn’t fathom why someone would pay to buy their own food to listen to Mu Sochua

SRP MP Mu Sochua (Photo: The Phnom Penh Post)

$20 fee to meet with Mrs. Mu Sochua

29 September 2009
Kampuchea Thmei (Pro-CPP) newspaper
Translated from Khmer by Socheata


[KI-Media note: It is customary in democratic countries where a large number of Cambodians are currently living, that participants who attend meetings with Cambodia politicians help pay for their own food and other miscellaneous cost to organize these meetings. This is quite contrary to Cambodia where, corrupt politicians usually pay for the public to come to listen to them. Generally, due to poverty, Cambodians are enticed to come and listen to propaganda speeches organized by CPP candidates in exchange for one or two kilos of rice, one krama (towel) and one sarong. In return, these poor Cambodian constituents are also forced to pledge their vote to these vote-buying CPP candidates.]

An announcement indicates that each participant must pay $20 to participate in a meeting and a session to demand freedom organized in Philadelphia, USA.

Kampuchea Thmei received unbelievable news that Mrs. Mu Sochua plan to meet with member in the US, and members who plan to attend the meeting with Mrs. Mu Sochua are frankly told that they must each pay $20. According to an announcement posted on the SRP website, SRP members in the US plan to organize a meeting session on 05 September 2009 at the Grand King Buffet, Philadelphia, USA, from 6PM to 9PM.

According to this announcement, participants to this even must each pay a contribution of $20. The event, labeled: a ceremony to demand freedom and justice, will include the participation of SRP MP Mu Sochua.

The announcement indicates also that Mrs. Mu Sochua, the SRP MP for Kampot province, is a courageous Cambodia woman who stood up against injustice to defend women’s rights in Cambodia – rights that were looked down and violated under the threat of the Cambodian government.

The announcement also indicated that participants to the event must prepare their questions to ask them directly to Mrs. Mu Sochua according to their personal views.

SRP MP Mu Sochua left Cambodia after the Phnom Penh municipal court decided that she lost her case against Hun Xen’s defamation lawsuit. The court ordered her to pay a fine of 16.5 million ($4,125). Her departure overseas took place at the same time as the Appeal court summoned her in for clarification. However, Mrs. Mu Sochua asked for a delay in this summon until after 20 September 2009, and she claimed that she was busy with taking care of her health overseas.

Following her departure, several local news media reported that SRP MP Yim Sovann, SRP spokesman, claimed that Mrs. Mu Sochua is seeking to set up a fund in Canada, the USA, etc… to help the victims of the judicial system in Cambodia.

The announcement indicates that the meeting with Mrs. Mu Sochua will take place on 05 September 2009 in Philadelphia, USA.

Regarding this announcement, a number of analysts claimed that it a merely a meeting to collect funds to conduct politics in Cambodia, and involvement in politics through these minor fundraisings, these analysts do not believe that it will lead to success.

Friday, June 26, 2009

Mu Sochua plans to appeal her defamation case against Hun Sen


24 June 2009
By Moeung Tum
Radio Free Asia
Translated from Khmer by Heng Soy
Click here to read the article in Khmer


The lawyer of opposition MP Mu Sochua indicated that she plans to appeal her defamation lawsuit case against PM Hun Sen this week, after the Phnom Penh municipal court rejected her lawsuit.

Kong Sam Onn, Mu Sochua’s lawyer, said: “Yes! We decide to appeal the case to the prosecutor. I will send in my lawsuit this week, maybe tomorrow.”

The lawsuit between Mu Sochua and Hun Sen took place when Mrs. Mu Sochua sued Hun Sen for defamation when the latter said in a public speech in Kampot province at the beginning of April, that there is “Cheung Khlang” (Strong leg) woman who is good at creating dispute with others and she went to hug someone, but said that the person unbuttoned her blouse instead.

Hun Sen countersued Mrs. Mu Sochua for defamation after Mu Sochua and her lawyer held a press conference to accuse Hun Sen’s fault prior to her actually sending in her lawsuit to the court.

On 10 June, the prosecutor of the PPenh municipal court decided to reject Mu Sochua’s case while keeping Hun Sen’s lawsuit against Mu Sochua intact. On Monday 22 June, the National Assembly decided to suspend Mu Sochua’s immunity to pave the way for the court to summon her for questioning about this lawsuit case.

Thursday, June 11, 2009

Civil society groups slam Cambodian government's harsh suppression of freedom of expression

11 June 2009
Source: SEAPA

Several civil society groups in Cambodia expressed concern at what they claim as "the perilous state of freedom of expression" in the country.

In a joint statement signed by the Cambodian Center for Human Rights (CCHR), Community Legal Education Center (CLEC), Independent Democracy of Informal Economic Association (IDEA), Khmer Kampuchea Krom Human Rights Association (KKKHRA), and Cambodian League for the Protection and Defence of Human Rights (LICADHO), they have accused Phnom Penh authorities of taking "harsh actions to suppress freedom of expression" by residents of Boeung Kak Lake.

The groups also noted that since the end of April 2009, Cambodian government officials have filed complaints of defamation, disinformation or incidetement against several Sam Rainsy Party (SRP) lawmakers as well as a lawyer, a journalist and an NGO president.

On 8 June 2009, the Phnom Penh Municipality reportedly sent armed forces to close the Lazy Fish guesthouse in the Boeung Kak area after its owner agreed to rent the premises to the Cambodian Center for Human Rights (CCHR) for a public forum on "Human Rights and Development" on 12 June 2009. The CCHR decided to suspend its forum after the guesthouse was forcibly closed.
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On Thursday 4 June 2009, Soung Sophorn, a law student, SRP activist and a resident of Boeung Kak, was arrested after he had painted "Absolutely fighting against communist policy," and "People Suffer due to Cheap Government and Company" on the walls of several houses. Detained in police custody for two days, he was then taken to Phnom Penh Municipal Court on Saturday. Despite this being a non-working day for the court, he was hurriedly placed on trial, convicted of defamation and sentenced to pay 5 million riels compensation to the government.

The groups said these actions of the Phnom Penh Muncipality, police and court in the above two cases "were clearly unjustified and aimed at suppressing the freedom of Boeung Kak residents to discuss and express opinions about the pending loss of their homes due to the government giving a private company a 99-year lease to the lake area."

In addition, recent months have seen a total of four defamation, disinformation or incitement complaints filed against three SRP lawmakers, Mu Sochua, Ho Vann and Sam Rainsy, by the government or individual high-ranking officials. Similar complaints were also filed against Mu Sochua’s lawyer, Kong Sam Onn, and Khmer Machas Srok newspaper director Hang Chakra.

Several other lawsuits have also been filed. A disinformation suit was lodged by a government lawyer against Mr. Moeung Sonn, the president of Khmer Civilisation Foundation, for comments he made about lights being installed at Angkor Wat. Mr. Moeung Sonn subsequently fled to France; his departure is understandable in the context of past cases of disinformation in which a non-independent judiciary decided the fate of defendants. Moeung Sonn himself had sued Mr. Soy Sopheap, the commentator of Cambodian Television Network (CTN), for defamation and disinformation as well.

According to the groups, "The pattern of complaints of defamation, disinformation and incitement filed by high-ranking officials, and the intimidation of residents at Boeung Kak lake, poses a serious threat to the right to freedom of expression in Cambodia. In particular, Article 62 (Disinformation) and Article 63 (Defamation and Libel) of the UNTAC criminal code continue to be used to silence the voices of Cambodian people and to prevent public participation."

Given this concern and threat to human rights and freedom of expression in Cambodia, the groups urged the Cambodian government to:
  • "Reconsider its lawsuits over defamation and disinformation, in the interests of ensuring that all Cambodian people have the opportunity to express their points of view and to freely participate in debate about government policies and practices,
  • "Respect the principles of freedom of expression as stated in the Universal Declaration on Human Rights and other international covenants, to which Cambodia is a party, and also in the Cambodian constitutional law,
  • "Encourage high-ranking and elected officials to build stronger democratic institutions which guarantee a greater separation of powers between the executive, legislative and judicial branches, and
  • "Protect the constitutional rights of the Cambodian people and ensure the independence of the judiciary so that it respects the rights of all parties involved in litigation cases."

Tuesday, June 02, 2009

Hun Sen uses the biased court to silence critics, including the Khmer Machas Srok newspaper

(Photo: RFA)

01 June 2009
By Sok Serey
Radio Free Asia
Translated from Khmer by Socheata

Click here to read the article in Khmer


The Cambodian government sued the “Khmer Machas Srok” newspaper with another complain: defamation. The newspaper was sued once already for publication of alleged false information accusing a number of high-ranking officials surrounding Sok An, Cambodia’s [very powerful] vice-PM and minister of the Council of ministers, of being involved in corruption.

Suong Chan Thorn, the government lawyer who represents the plaintiffs, told RFA that the additional complain was brought up when he went to clarify the court recently.

Suong Chan Thorn said: “We still preserve the stance of our lawsuit that we brought up, they are defamation and publication of false information, and we demand compensation according to the law.”

He indicated that publication of false information is a criminal lawsuit, whereas the defamation case is a civil lawsuit. He is asking for 10 million riels ($2,500) in compensation.

Regarding the additional complain, Hang Chakra, the editor of the Khmer Machas Srok newspaper, reacted by saying that these lawsuits were brought to discourage him and to silence critics and those who express their opinion.

Hang Chakra plans to go to the Phnom Penh municipal court to clarify this case on 03 June as summoned: “We saw that lawyer Suong Chan Thorn highlighted words [published] in my newspaper, and he used these to sue me. I consider this as an act of political intimidation, this is not a normal case.”

The lawsuits were brought up after Khmer Machas Srok published a number of articles in April and May under the title: “Hun Sen breaks up the nest of bad and corrupt government officials around Sok An”, and also under the title of: “Several Pro-Sok An government officials face removal from their position.”

Pen Samithik, president of the Club of Cambodian Journalists, said: “This means that the [government] could sue or it could ask the news media to make a correction.”

Chan Sovet, an investigator for the Adhoc human rights group, commented: “I think that the additional lawsuit constitutes a threat on journalists.”

It is noted that the lawsuits against the Khmer Machas Srok newspaper are brought up at the same time that SRP MP Mu Sochua is subjected to another lawsuit from Hun Sen for defamation as well. Mrs. Mu Sochua will go to court on 03 June to provide clarifications in her case.

Furthermore, SRP MP Ho Vann is also sued for defamation by 22 high-ranking army officers in Hun Sen’s regime. He will go to court to clarify his case on 05 June.

Human rights activists and organization observe that these successive lawsuits against the opposition are a mechanism set up by Hun Sen’s regime to use the court to silence its critics.

Mu Sochua: One of Cambodia's precious gems

Tuesday, June 2, 2009
Sara Veal, Contributor
The Jakarta Post (Indonesia)


When Cambodian Prime Minister Hun Sen publicly insulted an unspecified female politician recently, he got more than he bargained for: His implied target turned around and sued him.

The prime minister’s insult might be considered typical in a country with continuing gender inequality, but that didn’t mean Mu Sochua was going to take it lying down.

For 20 years, Mu Sochua has been a voice for exploited Cambodians. As the Vietnam War spread to Cambodia in 1972, the then 18-year-old was exiled, with no chance to say goodbye to her parents, who later vanished under the Khmer Rouge regime. She spent 18 years overseas, studying and working in Paris, the US and Italy and in refugee camps along the Thai–Cambodian border.

Since her return in 1989, she has been hands-on in rebuilding her homeland, first as an activist and now as a politician, focusing on women’s and children’s issues.

“I had the choice of being part of the reconstruction of Cambodia and I took that choice,” said Sochua, a member of parliament for the Sam Rainsy Party (SRP), the leading opposition to the ruling Cambodian People’s Party (CPP).

In 1991, Sochua formed the first Khmer women’s organization, Khemara, and joined the FUNCINPEC political party, winning a national assembly seat representing Battambang in 1998. She soon became the first female minister for women’s and veterans’ affairs.

“What prepared me for the job was my early return, before the country was even officially open to the Western world, which put an embargo on it during 1975 to 1990.”

Her first ministerial act was to launch a national campaign for gender equality, Neary Rattanak (Women Are Precious Gems), which transformed an old Khmer proverb, “A man is gold; a woman is a white piece of cloth” into “Men are gold; women are precious gems.”

The rewritten proverb argues that women are as valuable as men; if “dirtied”, they can shine again like gems, rather than be stained forever like a muddied cloth.

However, in July 2004, she resigned, claiming corruption hindered her work. She joined the SRP, becoming the party’s first female secretary-general in 2006.

Her struggle has been recognized by several nominations and awards, including a 2005 Nobel Peace Prize nomination and the 2005 Vital Voices Human Rights Global Leadership Award, presented by then US senator Hillary Clinton.

Sochua, who is fluent in English, French and Khmer, and holds degrees in psychology and social work from US universities, says her international background enhances her work, but only to a point.

“The Western education allows me to know what the international standards are for human rights, for gender equality and for quality of life, and it allows me to set these standards for the women of Cambodia, but in a modified way in order to keep in balance values and culture.

“I am very clear about what can work in Cambodia and what is totally from the West.”

She believes the key to positive change lies in giving people the right to participate in national development without discrimination.

“[Development] must be based on the preservation of the country’s resources, which are plentiful but so badly managed because of corruption and lack of rule of law.”

Sochua’s three daughters have all followed in her humanitarian footsteps. Although she says Asian people look at her with “sorry eyes” when they hear she has no sons, she is fiercely proud of her girls, saying they inspire her to fight even harder for equal access to education and healthcare and for gender equality.

“[Each time] I go to the police station and work with survivors of gender-based violence, I imagine myself a victim and that my daughters are caught in this cycle of violence.”

Her struggle led to her decision to sue Hun Sen for defamation, after he allegedly called her “cheung klang” (strong leg), an offensive term for women, during a speech in her Kampot constituency. He immediately responded with a countersuit, a threat to remove her parliamentary immunity and a request that the Cambodian Bar Association investigate her lawyer, Kong Sam Onn.

Without immunity, Sochua faces imprisonment and her lawyer faces disbarment. However, she is determined to proceed with the case.

“If no action was taken against [his] words, the people will never want to seek assistance from me again,” she says, adding his comments violated her rights and generally devalued women.

While she believes she has little chance of a fair trial, with the courts said to be under the influence of the executive, she hopes her case will publicize the weaknesses of the judiciary and demonstrate that no one is above the law.

Whatever the outcome, Sochua continues to look to the future. She hopes Cambodia can eventually be economically independent and a key player in ASEAN, citing Indonesia as a model to follow.

“For that we need to be accountable to our people first and be credible in the eyes of the ASEAN community,” she says. “That is the long-term investment I am working on and why I intend to remain in politics: To give what it takes to bring new leadership for Cambodia and to give our youth of today a chance to have what youth in neighboring nations are enjoying.”

This determination shows she cannot be stained by any dirty words, no matter who throws them.

Friday, April 24, 2009

SRP lawmaker to sue Hun Sen

Friday, 24 April 2009
Written by Meas Sokchea
The Phnom Penh Post


Mu Sochua says she will take the PM to court for defamatory remark.

Sam Rainsy Party lawmaker Mu Sochua said she plans to sue Prime Minister Hun Sen in a municipal court after he called her cheung klang, or "strong leg", in a speech in Kampot on April 4, she announced Thursday at a press conference in Phnom Penh.

Mu Sochua said that, although she respects Hun Sen as the head of government, she wants him to be held responsible for his insults and is asking for a symbolic 500 riels ($0.12) in damages, which she plans to keep in her cupboard drawer.

SRP lawyer Kong Sam Onn said that Hun Sen was not above the law and could be sued for defamation under a 2006 amendment of the 1992 Untac Law. The original legislation says, "Any bad faith allegation ... which harms the honour or reputation of an individual is a defamation."

Kong Sam Onn added that Hun Sen would be unable to deny his words because they were recorded and said publicly.

"I respect Samdech Hun Sen," Mu Sochua said. "I still remember Samdech's words from when I was minister of women's affairs. Samdech always glorified women and said they should be in political affairs."

Nontheless, she says she wants to maintain her honour as a Khmer woman.

"Samdech's statement, which said that I am a ‘strong leg' female, could be translated many different ways," Mu Sochua said. "Samdech stated in public that I was a skilled troublemaker and that I ran to embrace a man and lost a button on my shirt on purpose," she said. "This is defamation on me as Khmer woman."

Government spokesman Khieu Kanharith could not be reached for comment on Thursday, but Hun Sen's top adviser and president of the Cambodian Human Right Committee, Om Yentieng, told the Post that he welcomed Mu Sochua's court case but that the court's decision would be final.

"We welcome that she files to the court and follows the law. But whatever the court decides ... we would like her to follow," Om Yentieng said.

Run Saray, the executive director of Legal Aid of Cambodia, said the verdict should be based on the accuracy of Hun Sen's statement.

"I think that if [Hun Sen's] accusation is really true, then the case is not sustainable. But if it's false, then it's sustainable," he said, adding that if the courts remain impartial then Mu Sochua's case has a chance.

"This depends on the courts. If they are impartial, maybe it will succeed. But if they are not independent, [the case] may fail."

International support

Mu Sochua has received support from a number of international figures following the remarks by Hun Sen.

Eve Ensler, author of The Vagina Monologues, wrote a letter on her behalf saying she and her organisation V-Day were proud supporters of Mu Sochua and worried that she was targeted "because she is an outspoken woman who bravely advocates for her people".

Ensler demanded that Mu Sochua be allowed to "serve safely and freely".

The board of directors of the Global Fund for Women, the Wellesley Centre for Women and the Vital Voices Global Partnership also wrote strong letters in support of the SRP lawmaker.

The Global Fund for Women letter, sent to Hun Sen, urged him to make a full apology for his statements and promised to bring Mu Sochua's abusive and defamatory treatment to the attention of the international community.

ADDITIONAL REPORTING BY SEBASTIAN STRANGIO

Opposition MP Mu Sochua files lawsuit against Hun Sen on grounds of defamation

23-04-2009
By Duong Sokha
Ka-set


At a press conference held on Thursday April 23 at the headquarters of her formation, the Sam Rainsy Party (SRP) in Phnom Penh, opposition MP Mu Sochua announced she would file a complaint with the Phnom Penh Municipal Court via her lawyer. This lawsuit is filed against Cambodian prime Minister Hun Sen, for defamation.

The SRP representative intends to protest against words the head of government said about her, on April 4th, as she was away in the Kampot province where she was re-elected. Hun Sen is said to have publicly declared that Mu Sochua’s behaviour was “provocative” and that she “lunged towards a man to kiss him, so much so that the buttons [of her blouse] popped out”.

“I have nothing against Samdech the Prime Minister. As a Member of Parliament, I respect him. But the words of Samdech the Prime Minister said in public affect my honour and my dignity as a Khmer woman. With this complaint, I only want justice and honour, as a Khmer woman”, the former FUNCINPEC-affiliated Minister of Women’s Affairs said. She added that she only claimed a 500-riel (0.12 dollar) compensation as a token, and a public apology on the part of the head of government.

According to Kong Sam Onn, Mu Sochua’s lawyer, the lawsuit will be submitted to the Phnom Penh Municipal Court on Friday April 24th. “How is it possible to file a lawsuit against him [Hun Sen] when he is a Member of Parliament, the prime Minister and the vice-chair of the Cambodian People’s Party (CPP) [...]? The Constitution does say that Khmer citizens stand equal before the Law”, the lawyer said, hoping that his request would be accepted by the Court.
Reached on Thursday by Ka-set, the spokesperson for the government and for the ruling party Khieu Kanharith(CPP) claimed that as he was himself with the prime Minister when the latter pronounced his speech in Kampot, he could assure that he did not pronounce her name. “We are awaiting her complaint. But Samdech [Hun Sen] did not say her name”, the government spokesman and Minister of Information added. “What she [Mu Sochua] is doing here is reacting for her own reputation”.

The prime Minister, indeed, did not directly pronounce the name of the opposition MP, but her lawyer say he added elements of evidence to the case file showing that the prime Minister did indeed have those words in Kampot and that his declaration directly aimed at his client.

In his speech, Hun Sen was making an allusion to a case pitting the SRP MP against a military general in Kampot. He was condemned by the National Election Committee (NEC) to pay out a 10-million riel fine to Mu Sochua) for having attacked her and torn her blouse as she was trying to prevent him from using a car of the Royal Cambodian Armed Forces (RCAF) to crusade in favour of the CPP as part of the July 2008 legislative elections.

Opposition MP to sue Hun Sen for defamation


(Photo: Cambodge Soir Hebdo)

April 24, 2009
ABC Radio Australia

In Cambodia, Prime Minister Hun Sen is set to be sued for defamation by one of the Kingdom's leading female opposition politicians. Mu Sochua wants little more than an apology but the move to challenge Cambodia's "Strong Man" in the courts is seen as unprecedented.
Presenter: Robert Carmichael
Speaker: Mu Sochua, Sam Rainsy Party parliamentarian



CARMICHAEL: Cambodia's Prime Minister Hun Sen is not a man to be taken lightly. He takes pride in his reputation as a strong man, and is regarded here with a mixture of fear and respect. He has also reportedly never been sued.

But that could soon change. Unless Hun Sen retracts recent comments, a female opposition MP will begin a court action against him before the end of April. Mu Sochua is a senior MP in the opposition Sam Rainsy Party, or SRP, the largest opposition party. Before she joined the SRP she was the minister for women's affairs in the coalition government.

The SRP is a constant thorn in the prime minister's side, regularly criticizing him and his ruling Cambodian People's Party for not cracking down on corruption and abuses of the law. The comments made by the prime minister and broadcast nationally didn't use Mu Sochua's name directly, but she says she was clearly the target. Government spokesman Khieu Kanharith says the prime minister is not concerned about the case, and says Mu Sochua is simply presenting herself as a victim and trying to discredit Hun Sen. Khieu Kanharith says the MP is simply trying to get noticed by the media, and stresses that Hun Sen did not actually name anyone in his speech. But, he adds, if Mu Sochua feels she has been insulted, she is entitled to seek remedy through the courts.

So what actually happened? Referring to a land grab case in the southern province of Kampot - which Mu Sochua represents - Hun Sen said that those villagers who wanted their case resolved by him ought not to go to 'the opposition female MP'. Five villagers were injured when the army threw them off their land and burned down their homes - another reminder of the ongoing problem of impunity and land rights in Cambodia.

During his speech, says Mu Sochua, Hun Sen referred to her as 'cheung chat' - a derogatory term that she says conveys the meaning of a hustler, somewhere between a gangster and a prostitute.

That, she claims, was in response to an event during last year's general election when she was campaigning for the SRP and was allegedly assaulted by an army general, losing buttons off her shirt. She sued the general, and that case is now headed for the Appeal Court.

Mu Sochua says that the prime minister ought not to have said anything that could influence the judges in that case. Her chances of getting justice now, she says, are ruined.

Which is why MPs from the two opposition parties sent a letter to the president of parliament demanding that Hun Sen either provide proof for his words or retract his statements.

Mu Sochua admits that a retraction and apology are unlikely. So next week her lawyer will file the case in the municipal court in Phnom Penh.

So why is she taking on the prime minister?

MU SOCHUA: This is the first time, and I do this on behalf of Cambodian women. I do it on behalf of women in general, because women who are raped, who are assaulted - verbally, sexually, physically and so on - who don't have a voice, cry in silence, are ruined inside. This is a symbolic case and also an unprecedented case.

ROBERT CARMICHAEL: Mu Sochua says she is concerned that her move could prove dangerous. To offset the perceived dangers she has lined up some influential friends. Her office features a photograph of her with US secretary of state for foreign affairs, Hillary Rodham Clinton.

Mrs Clinton is also linked with US organisations that have pledged Mu Sochua their support in this matter, as are a number of other US politicians and celebrities.

MU SOCHUA: It is dangerous - if you consider all the killings that have taken place of people who are strong activists, who are human rights activists, and members of the opposition.

ROBERT CARMICHAEL: So what does she want out of the case? Simply an apology and 500 riel in damages - a symbolic sum of around fifteen Australian cents.

Mu Sochua admits it is unlikely that she will win her case, but says if she does she will frame the red 500 riel banknote and hang it in her office in honour of women around the world who are exploited.

Hun Sen and Mu Sochua fighting each other about a blouse issue

(Photo: Cambodge Soir Hebdo)

23 April 2009

By L.D.
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French


Judging that Hun Sen defamed her, the Kampot SRP MP plans to bring her case to the court.

The war of words between Hun Sen and Mu Sochua, the SRP MP from Kampot, is far from over. In the morning of Thursday 23 April, Mu Sochua gave a press conference along with her lawyer at the seat of the SRP headquarters. Mu Sochua said: “It is not about the title, whether you are a MP or the prime minister, but as a Khmer woman, I am going to sue Mr. Hun Sen.”

According to Kong Sam Onn, Mu Sochua’s lawyer, the defamation lawsuit against Hun Sen will be based on Article 63 of the UNTAC law. This article does not stipulate any jail time, but the culprit must pay a fine between 1 and 10 million riels ($250 to $2,500).

Flashback in time: During the campaign for the July 2008 election, an incident took place in Kampot, Mu Sochua’s candidacy province. Then, she wanted to take pictures of a car bearing an army license plate that was used in the CPP procession. Such use of an army vehicle is prohibited according to the NEC rule. A person tried to prevent Mu Sochua from taking those pictures and in the altercation, a button from her blouse popped out. Since then, Mu Sochua had complained about her aggressor.

A few weeks ago, during his visit to handicapped veterans in Kampot, Hun Sen alluded to this incident. Without identifying the person involved, Hun Sen who was not even present during the incident, claimed that there was a strong woman in Kampot. He went on to explain that: “She tripped on someone, but she accused him of unbuttoning her blouse.”

Immediately, the SRP MPs signed a petition to appeal to Heng Samrin, the president of the National Assembly, to intervene in this case. The SRP MPs wish to see Hun Sen bringing proof to his claim that Mu Sochua tripped on another person. For now, the SRP MPs have not seen any of the proof they requested yet.

Tuesday, March 10, 2009

Mu Sochua Barred from IPU Seminar [-CPP discrimination against Mu Sochua?]


OPEN LETTER

March 9, 2009

Prominent Member of Parliament of Cambodian Opposition Party Prevented from Attending IPU Regional Seminar at Inter-Continental Hotel, March 9, 2009.

Mu Sochua, MP from the Sam Rainsy Party was prevented from entering the "Regional Seminar on the Role of Parliaments in Promoting Peaceful and Sustainable Societies in South East Asia". The seminar is co-sponsored by the National Assembly, the Senate and the Inter-Parliamentary Union(IPU). The objective of the seminar is for elected members of parliament from S.E. Asia to converse on issues that are prevalent in post-war societies and on conflict resolutions and the role of Parliament during and after conflict.

MP Mu had an invitation letter from the National Assembly, did sign in but was not provided a name tag. As MP Mu proceeded to enter the seminar room she was stopped by the chief security of the National Assembly who stated that he received strict order not to allow anyone without a name tag in. He also acknowledged that he knew MP, MU.

The question is: Would the same order have applied to a Member of Parliament from the Cambodian People's Party?
  • Such treatment of an elected representative of the people is a violation of her/his right and dignity.
  • Such a treatment of a prominent member of a MP from the opposition party is political harassment.
  • Such a treatment of a woman MP is gender discrimination.
MP Mu was barred from entering the 3rd Economic Forum on 5 February, 2009. The Forum was organized by the Cambodian Supreme National Economic Authority.

MP Mu was scolded by the President of the National Assembly at a Women's Day event on March 5, 2009 for stating her view on Voice of America of the decision of the National Assembly to lift the parliamentary immunity of Sam Rainsy, MP and leader of the opposition in Cambodia. The decision of the Permanent Committee of the National Assembly clearly violated article 80 of the Constitution.

SRP MP