Editorial | Articles about Cambodia | Khmer

Thursday, March 10, 2011

Is the Sam Rainsy Party’s candle burning out?

Wednesday, 09 March 2011 15:00
Dara Saoyuth
Phnom Penh Post

People are sitting in a room looking at a large TV screen. They are watching a person on the screen and if they want to speak, they have to get out of their seats and go to a desk and talk in a microphone so that the person on the screen can hear and respond. This is the method employed by Sam Rainsy Party members to communicate with their leader, Sam Rainsy, who is now living in self-exile in France.

Sam Rainsy was convicted in January 2010 of destroying public property and racial incitement with Vietnam by pulling up border posts along the Vietnamese border in Svay Rieng province in 2009. On March 1, 2011, Cambodia’s Supreme Court rejected his appeal and his sentence of two years in jail still stands.

“The court is used as a political tool to shut Sam Rainsy’s mouth or eliminate him from the political arena since he is the leader of the opposition party,” said Yim Sovann, a spokesman for the Sam Rainsy Party.


On the other hand, Cheam Yeap, a senior Cambodian People’s Party lawmaker, said the ruling party did not order Sam Rainsy to remove the border posts. “Our country has law, so Sam Rainsy has to face court because of his wrongdoing, and if one day in the future I do something wrong, of course, I will face the court as well,” said Cheam Yeap.

A press release issued on February 22 by the Cambodian Center for Human Rights stated “the convictions against Sam Rainsy may leave the country’s largest opposition party without a leader at the next general election”.

Sam Rainsy fled the country in early 2009 and will serve 12 years in jail if he returns to Cambodia because in a separate case, the Phnom Penh Municipal Court sentenced him to an additional 10 years in jail on charges of forging public documents and disinformation after convicting him of disinformation and falsifying public documents.

The executive director of the Khmer Institute of Democracy (KID) in Cambodia, Hang Chhaya, said what has concerned him is that Cambodia is a democratic country, so Sam Rainsy’s case should not have reached the level of removing his parliamentary immunity and sentencing him since he had rights as a politician. “What the ruling party want is to make a good leader who people see, love and support, have to stay abroad as long as possible,” said Hang Chhaya.

While Prime Minister Hun Sen can stand and talk to CPP members and his supporters directly, Sam Rainsy needs support from technology to be able to communicate with SRP members and supporters.

However, Yim Sovann said the fact that Sam Rainsy is not in Cambodia is not a problem for the party. “If you want to meet the party leader, we can make a phone call or video conference that you can see the picture and there is no difference in communication by having or not having him present,” said Yim Sovann, adding that Sam Rainsy is still the party leader who leads meetings and keeps communicating between all levels of leaders and members.

While the frog tries harder, the snake also tries harder


To gain more support in the upcoming election, the HRP and SRP have been working on merging their parties. After the 2008 national election, on January 15, 2009, Sam Rainsy and Kem Sokha signed on a joint declaration officially establishing the Democratic Movement for Change. Since then the alliance has not reached 100 percent agreement and recently each party created a working group of five people to discuss the merger.

Mu Sochua, a SRP lawmaker and one of the five people in a merger group on the SRP side, said some conflict of ideas and misunderstandings from the past were the reasons for slowing the merger.
However, she said she believed it would be successful soon. “We are democratic people and we have the same goal,” Mu Sochua said.

Mu Sochua said she was sure of success in the next election when the alliance reaches full agreement. She gave as an example Kampot province, where the SRP needs about 10,000 votes more to get one more parliament seat, however the HRU gets more than 14,000 votes. “Because we were not united at that time, about 14,000 votes were useless because none of us got any seats in parliament,” she said.

“Previously, we didn’t work well on the merger, but now we have a clear objective and we have clear steps to take,” Keat Sukun, a coordinator in merger group on the HRP side, said. He added that both sides had recently found common ground for a lasting unification of the parties.

Keat Sukun said that in Cambodia, each party cannot do everything alone and unification is very important in terms of exchanging human resources.

“It is the right decision to join as an alliance,” said Phnom Penh-based political analyst Chea Vannath, who explained that the seat allocation formula in Cambodia makes small political parties waste a lot of votes if they are not united.

However, she said she’s unsure if this unification can last much longer because, based on her observations, it seems easy to break up.

“To unite successfully, it’s very important to have trust building between the two parties, as wife and husband do,” said Chea Vannath. “We have to think that there will be a lot of obstacles with each step we take, and if we can trust each other, this unification will last forever.”

“While the frog tries harder, the snake also tries harder,” said Cheam Yeap, explaining that the ruling party was also working harder. Cheam Yeap said the ruling party did not fear the union of opposition parties.

However, he added: “All CPP members are not advised to ride a horse with a free hand.” He added that they are not just sitting there happy with their victory, but they are working to keep it.

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Thursday, June 17, 2010

UN human rights expert urges strengthening of Cambodian justice system

UN News Center



17 June 2010 – An independent United Nations expert today urged Cambodian authorities to strengthen the country’s judiciary and improve human rights, saying the nation still has too many shortcomings in its justice system.


“There is an alarmingly high number of people in detention due to various shortcomings in the criminal justice system, and the instances of miscarriage of justice are far too numerous,” Surya Prasad Subedi, the UN Special Rapporteur on the situation of human rights in Cambodia, warned at the end of his 10-day fact-finding mission.

“I call on the Royal Government of Cambodia to introduce appropriate measures to enhance the independence and capacity of the judiciary to enable it to function as an institution capable of providing justice to all in Cambodia,” he stated in a news release.

The expert concluded that Cambodia’s judiciary is facing tremendous challenges in delivering justice for its people, especially the poor and the marginalized.

He raised specific concerns relating to the judiciary’s role in protecting freedom of expression, and the narrowing of political space for critical debate in society, “due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents.”

Another major concern was cases involving land-related rights. “If you are poor, weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management systems, or through the courts,” said Mr. Subedi.

The Special Rapporteur welcomed the adoption of a series of new laws designed to strengthen the system of justice.

However, he warned that “a combination of a lack of adequate resources, organizational and institutional shortcomings, a lack of full awareness of the relevant human rights standards, and external interference, financial or otherwise, in the work of the judiciary, has resulted in an institution that does not command the confidence of people from many walks of life.”

Mr. Subedi, who met with King Norodom Sihamoni and members of the Government and judiciary during his visit, encouraged the Government to forge ahead with measures to enhance and strengthen the judiciary and to improve the situation of human rights, and offered his assistance for such efforts.

He will submit a report, including recommendations for judicial reform in Cambodia, to the Geneva-based UN Human Rights Council in September.

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Tuesday, June 08, 2010

Prime Minister Hun Sen Fines MP, Mu Sochua

Radio Free Asia

Two fierce political foes in Cambodia clash again.



PHNOM PENH—Cambodia's Prime Minister Hun Sen and a firebrand MP convicted of slandering him appear headed for a public showdown, with the lawmaker facing six months in jail unless she pays a fine upheld by the country's Supreme Court.


"Mu Sochua was in the wrong…. The court has punished her and ordered her to pay a fine, and she must respect the court's decision," Hun Sen's lawyer, Ky Tek, said in an interview Tuesday.

"If she refuses, the prosecutor will take the next step—meaning she will be forced to pay or will go to jail."

But the Kompot province MP Mu Sochua said separately she won't pay the fine and is prepared for jail.

Hun Sen initially sued Mu Sochua for defamation after she accused him of making derogatory remarks about her.

Mu Sochua has called on international donors to scrutinize Cambodia's legal system and could take her case to the Constitutional Council after the country's highest court upheld her conviction for defaming the prime minister.

"I have been found guilty of a crime that I have not committed at all. This is not justice," Mu Sochua, of the opposition Sam Rainsy Party and a former women's minister, told reporters.

She was convicted last year for defaming Hun Sen during an April news conference, in which she announced plans to sue the premier for allegedly insulting her.

The ruling is a "travesty," she said, while refusing to pay a court-ordered U.S. $4,000 fine after losing her final appeal June 2.

"This is justice for sale, and this is justice for powerful people only."

"I reaffirm that I will not pay. My conscience does not allow me to pay a single cent," she said.

"But my conscience is the conscience of the Sam Rainsy Party, which struggles for justice. Just arrest me anytime."

"The lower, appellate, and supreme courts didn't take all elements of facts into their consideration…. This court system isn't credible," she said.

She has appealed to international donors to investigate the Cambodian legal system and to Suriya Subedi, U.N. Special Rapporteur on human rights in Cambodia, who is visiting the country.

Damaged reputation


Ky Tek, representing Hun Sen, argued in court that Mu Sochua had damaged Hun Sen's reputation.

Chief Judge Khim Pon agreed, upholding lower-court rulings he said were in accordance with Article 114 of the Cambodia's Penal Code.

Mu Sochua's lawyer quit the case and joined the governing party after Cambodia's bar council accused him of malpractice.

The courts dismissed her complaint and the National Assembly voted to lift her parliamentary immunity from prosecution so the prime minister's case could go ahead.

Chan Saveth, from the local human rights group ADHOC, said the court's decisions would damage respect for rule of law in Cambodia.

The Cambodian government has faced sharp criticism from rights groups for launching a number of defamation and disinformation lawsuits against critics and opposition members.

New York-based Human Rights Watch recently accused Hun Sen's government of aiming to silence political opposition and critics with a "campaign of harassment, threats, and unwarranted legal action."

Donors last week pledged a record U.S. $1.1 billion in aid for this year during a two-day conference.

But rights groups say donors should take a tougher stance to weed out corruption and diversion of funds.

Original reporting by Kim Peou for RFA's Khmer service. Translated from the Khmer by Vuthy Huot and Leng Maly. Khmer service director: Sos Kem. Executive producer: Susan Lavery. Written in English by Sarah Jackson-Han.

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Wednesday, July 30, 2008

Cambodian Prince Loses Appeal in Embezzlement Case

Cambodian Prince Loses Appeal in Embezzlement Case

Source: PR-Inside.com

PHNOM PENH, Cambodia (AP) - Cambodia's highest court upheld a guilty verdict against an exiled former prime minister on embezzlement charges Wednesday, effectively barring him from returning home to resume his political career.

Supreme Court Judge Chhim Sophal upheld a lower court's ruling last year that found Prince Norodom Ranariddh guilty of breach of trust and sentenced him to 18 months in prison. The lawsuit was filed by the prince's former colleagues in the royalist Funcinpec party, which he once led.

The ruling will make it difficult for Ranariddh, a once-influential national figure who is the son of former King Norodom Sihanouk, to stage a political comeback. Ranariddh was co-prime minister of the country from 1993-97.

His supporters say the lawsuit and ruling were politically motivated.
The Funcinpec party, which ousted Ranariddh as president in October 2006, sued the prince accusing him of embezzling some US$3.6 million from the sale of the party's headquarters in August that year.

Funcinpec cited the prince's alleged incompetence and frequent absences from the country as the reason for his ouster from the party.
In March 2007, a municipal court judge sentenced the prince _ who has been living in exile since before his removal from Funcinpec _ in absentia. It also ordered him to pay US$150,000 in compensation to the party.

After his ouster, Ranariddh formed the Norodom Ranariddh Party. The party took part in last weekend's parliamentary election and unofficial results, show it winning two seats in the 123-seat lower house of parliament.

His party issued a statement Wednesday saying the prince was innocent and condemning the final ruling as «senseless and unjust.

«The ruling was politically motivated. We are now looking for ways to bring him back to Cambodia,» Muth Chantha, the party spokesman, said without elaborating.
Ranariddh served as a co-prime minister with Prime Minister Hun Sen before the latter toppled him in a two-day armed clash in 1997.
Under Cambodian law, he will be barred from running for public office unless he serves at least two-thirds of his jail term or receives a pardon from King Norodom Sihamoni, his half-brother.
Ranariddh is currently believed to be living in Malaysia.

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