Report on Mu Sochua's Decision by the Supremely Biased Court


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Labels: CPP silencing the opposition voice | Hun Xen's travesty of justice | Mu Sochua vs Hun Sen

Supreme Court Ruling a Rubber Stamp of Appeal Court









PHNOM PENH – 02 June, 2010

We, Members of Parliament of the Sam Rainsy Party strongly denounce the ruling of the Supreme Court today, which unsurprisingly upheld the defamation conviction of MP Mu Sochua. The Court’s affirmance, despite the sheer lack of evidence against Mu Sochua, shows the court did not base its decision on an independent and impartial application of the facts to the elements of the law, but instead bowed to political manipulation by the executive.

This conviction demonstrates that constitutional protections and rights such as freedom of expression, fair trial by an independent tribunal, and equality before the law are meaningless when they are used to challenge the powerful.

Not only was there no legal basis for a defamation conviction of Mu Sochua, but this trial has revealed additional causes for great concern about the way the judiciary is run. In this political climate, where threatening speeches against government’s critics are regularly made by high-level officials, it is clear that the lawyer of Mu Sochua’s own choosing was intimidated and that no other lawyers would have dared to represent her. This violated her right to a fair and independent trial.

Further, in a free society, the people must be allowed to hold their leaders accountable, even if that means criticism. The government’s argument that public officials should be respected and not denounced is directly contradicted by the Constitution: Article 39 of the Constitution guarantees the right of Khmer citizens to denounce public officials for a breach of the law committed during the course of their duties. The comments made by the Prime Minister were derogatory and set a bad example for how women should be treated in Cambodia; such language is unacceptable, and perpetuates a culture of misogyny and discrimination against women. If Cambodia is to progress, it must allow space for the people to speak out when they see injustice.

Ironically, as international donors meet this week to discuss giving additional aid to Cambodia, the ineffectiveness of past aid to reform the judiciary and increase democratic space for free expression was made glaringly obvious with today’s ruling. Donors must condemn the lack of reforms of the judiciary in Cambodia and the direct manipulation of the justice system by the executive branch, and place more strict demands on the government to allow judges and lawyers to exercise their roles and functions according to the rule of law. The government must be held accountable to deliver clear results in the reforms of the judiciary and its commitment to democratic principles.

We acknowledge and highly value the presence of all local and international human rights organizations, trade union leaders, teachers, youth and women during the hearing today, and we call on civil society and the international community to continue their vigilance of the current surge of defamation cases against dissenting voices, and partisan political pressure on the judiciary.

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Labels: Hun Sen silencing his critics | Hun Xen's travesty of justice | Mu Sochua vs Hun Sen

Mu Sochua stands firm on fines

Sam Rainsy Party lawmaker Mu Sochua leads a march near Olympic Market after Phnom Penh Municipal Court convicted her of defamation in August 2009. (Photo by: Sovan Philong)

Wednesday, 02 June 2010
Sebastian Strangio and Meas Sokchea
The Phnom Penh Post

OUTSPOKEN opposition lawmaker Mu Sochua has reiterated her stance that she will refuse to pay any fines associated with a long-running defamation case involving Prime Minister Hun Sen, as the Supreme Court prepared to make a final ruling on the case today.

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

Mu Sochua said she is hoping for a fair hearing, but that she would prefer to face jail rather than pay the fine.

“That’s been my position from the beginning,” she said. “I have not committed any crime. My conscience is clear.”

The SRP lawmaker was sued by Hun Sen after she filed her own defamation suit, accusing him of insulting her during a speech in Kampot province in April 2009. Her own accusations were thrown out by the Appeal Court in October.

On Tuesday, she said the outcome of the case was about more than the prime minister’s insult.

“The Cambodian people are living in fear, and it is time to stand up,” she said. “This is not about my case – it’s about the national interest.”

SRP spokesman Yim Sovann said the party will stand behind Mu Sochua if she refuses to pay the court-ordered fines. “We are leaving that up to Mu Sochua. We don’t mind what her decision is,” he said.

Ky Tech, the government lawyer who represents Hun Sen, said that if Mu Sochua fails to carry out any court order she could be criminally liable. “If I win a case in the Supreme Court, I would request the court to enforce its decision,” he said.

In a legal analysis of the case made public Tuesday, the Cambodian Centre for Human Rights (CCHR) stated that the lower courts had failed to uphold Mu Sochua’s right to a fair trial and ignored her right to freedom of expression, which is guaranteed by the Constitution.

According to Article 63 of the UNTAC Penal Code, defamation is defined as “any bad faith allegation or imputation of a given fact which harms the honor or reputation of an individual”. CCHR, however, claims government lawyers failed to convincingly prove that Mu Sochua had harmed Hun Sen’s reputation or did so in “bad faith” – both key elements of the law.

“In this case it is difficult to look at the facts of the case and evidence presented and conclude that major doubts did not exist as to whether the elements of the offence had been proven,” the analysis stated.

Other observers said the Supreme Court’s ruling would be a litmus test for the Cambodian judiciary.

“It will be a crushing defeat for freedom of speech if the result goes against Mu Sochua,” said Hang Chhaya, executive director of the Khmer Institute for Democracy.

He added that the protracted legal battle also reflected poorly on the country.

“It’s cost a lot of time and is not setting a good example for Cambodia,” he said.

Calls for international action

An NGO briefing paper released by 15 NGOs on Tuesday struck a similar tone, saying that foreign governments should address the issue of freedom of expression – including legal attacks on opposition lawmakers – when they meet in the capital today for a government-donor forum.

“For over a decade the international community has provided aid to Cambodia but most have remained largely quiet as human rights have been violated and democratic space eroded,” it stated.

“We call on the international donor community to take responsibility and speak out against the deterioration of rights and democracy in Cambodia. Doing nothing may be judged as tantamount to complicity.”

Sok Sam Oeun, executive director of the Cambodian Defenders Project, said that in cases involving high-ranking or powerful figures, the Supreme Court was often swayed by political considerations.

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Phnom Penh denies Thai red shirts trained for unrest in Cambodia

Wed, 02 Jun 2010
DPA

Phnom Penh - The Cambodian government on Wednesday rejected claims carried by a Thai television station that Thai opposition supporters crossed into western Cambodia and were trained in fomenting unrest.

A government spokesman said Cambodia followed a policy of peaceful co-existence with all nations, and would not interfere in another country's internal affairs.

ASTV on Monday carried a report in which a Thai military commander claimed that red shirts had crossed into Oddar Meanchey province, where they were trained in techniques to stir up social unrest.