4 August 2009 – Another Dark Day For Justice And Democracy In Cambodia

Cambodian Center for Human Rights

PRESS RELEASE
Phnom Penh - 7 August 2009

4 AUGUST 2009 – ANOTHER DARK DAY FOR JUSTICE AND DEMOCRACY IN CAMBODIA

The Cambodian Center for Human Rights (CCHR) regrets the verdict of the Phnom Penh Municipal Court on 4 August 2009 in the case of Sam Rainsy Party (SRP) lawmaker Mu Sochua, and condemns the police’s treatment of SRP members and supporters that followed this verdict. This verdict provides further proof that the Cambodian judiciary is a political tool of the Royal Government of Cambodia (RGC) used to silence opposition voices. Moreover, the violent scenes that followed the verdict are testament to the RGC’s hostility towards democracy and the freedoms of expression and assembly.

The verdict against Mu Sochua was the culmination of four months of political strong arming by Prime Minister Hun Sen, during which time Cambodians and the international community were given the opportunity to witness the extent to which the Cambodian judiciary and legal system is under the control of the RGC. During this period a campaign against the pillars of democracy; lawyers, politicians, journalists and NGOs, has been conducted through the medium of the Cambodian Court system with charges of criminal defamation, disinformation and incitement being initiated against, to name just a few; Hang Chakra, Soung Sophorn, Moueng Sonn, Dam Sith and Ho Vann.

On 24 July 2009 Mu Sochua stood before the Phnom Penh Municipal Court with no legal representation, her original lawyer having withdrawn from the case as a result of threatened disciplinary action against him by the Bar Association of Cambodia. In her opening statement and closing remarks, Mu Sochua called on the Municipal Court to prove its independence and to avoid making a political decision. The SRP parliamentarian exercised her right to silence when questioned by the Presiding Judge, the Prosecution and the Civil Party Lawyer, seemingly protesting against her lack of legal representation. Article 14 of the International Covenant on Civil and Political Rights, which is part of Cambodian law by virtue of the Constitution, guarantees the right to a lawyer of one’s own choosing, a right that had already been denied in this case.

On 4 August 2009, the Phnom Penh Municipal Court delivered its verdict finding Mu Sochua guilty of having defamed Prime Minister Hun Sen and sentencing her to pay a fine of 8 ½ million riel and a further 8 million riel in compensation. This verdict represents a nadir for the Cambodian political and judicial systems and any supposed separation thereof.

Upon hearing the verdict, Mu Sochua and her followers attempted to walk to the SRP headquarters on Sothearos Boulevard. The scenes of violence that followed, whereby members of the various police forces that were present attempted to intervene and prevent a peaceful march, evince an absolute disregard for democracy and the freedoms of assembly and expression. During these scenes the following incidences are reported to have occurred:

• Mr. Chan Cheng, 52, SRP lawmaker in Kandal province was first hit with a baton by a policeman at the corner of Olympic Market, and later kicked in the chest in front of Langka pagoda;
• Mr. Yon Tharo, another SRP lawmaker, was hit three times with a police baton;
• Ms. Mu Sochua’s hair was pulled, and she received bruises and cuts to her body;
• Ms. Seng Theary, former Executive Director of the Center for Social Development, was forcibly removed from the crowd;
• Mr. Seng Cher, 45, from Kandal province and Mr. Ly Ne, 33, were arrested and released one hour later.
• Mr. Yon Tharo’s bodyguard was also arrested. Before his arrest, he was hit on the head, kicked and kneed by up to 10 police officers. He has since been released.
• Ho Sirin, 42, SRP activist was grabbed by the throat, kicked and kneed. He said a policeman in black uniform flashed a gun at him so he decided to stay still.
• An old woman, aged 70, was beaten from behind on her back and around her waist.

The violent scenes of 4 August 2009 that followed a politically motivated verdict by the Phnom Penh Municipal Court capped what will be long remembered as another dark day for justice and democracy in Cambodia. The CCHR regrets the verdict and condemns the manner in which the police handled a peaceful procession.

For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.or