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Khmer Times/May Titthara Wednesday, 15 June 2016
Kem Sokha, the acting president of the opposition Cambodia National Rescue Party (CNRP), has been steadfast in his refusal to appear in court, upping the ante even more yesterday by not appearing for the third time to serve as a witness.
The big question now is, will this third strike lead to his arrest?
Thann Leng, an investigating judge at the Phnom Penh Municipal Court, ordered Mr. Sokha to appear in court on May 26 to clarify questions about his involvement with Khom Chandaraty, who has been accused of lying to police among a host of other charges.
The entire case started when audio recordings of conversations between Mr. Sokha and Ms. Chandaraty, his hairdresser, were leaked onto Facebook, purporting to show an alleged extramarital affair.
Mr. Sokha has refused to answer any questions about the alleged sex scandal and then refused to appear in court, citing his parliamentary immunity as reason enough for him not to have to appear. But after failing to show up for a second time, national police started a manhunt for Mr. Sokha, eventually stopping the effort in favor of taking the issue to the National Assembly (NA).
With the ruling Cambodian People’s Party (CPP) holding a wide majority in the NA, the legislative body approved the court’s request to force Mr. Sokha to appear in court, despite his immunity, and arrest him if he continues to disobey the order.
The court’s spokesman, Ly Sophanna, cited Mr. Sokha’s violation of article 538 of the penal code as the reason the court had every right to ignore his parliamentary immunity and force him to answer questions about the alleged sex scandal.
Senior CNRP members have stood behind Mr. Sokha, backing his decision not to appear in court and slamming the government for ignoring the immunity afforded to opposition parliamentarians.
Senior CNRP official Eng Chhay Eang said that party parliamentarians would not allow Mr. Sokha to appear in court because of his immunity and the relative floodgates it would open if he were to give in to the government’s demands. Although he refuses to appear, Mr. Sokha has sent his lawyers to the court to hand in a letter from him detailing his justifications for not appearing.
“If the court wants Mr. Kem Sokha to appear, Mr. Kem Sokha will appear as long as the National Assembly removes his immunity first,” Mr. Chhay Eang said.
Mr. Sophanna said the court would allow Mr. Sokha’s lawyers to represent him, but they could not answer any questions on his behalf.
“Lawyers who defend the rights of the accused cannot answer instead of the accused,” he said.
Sok Sam Oeun, the executive director of the Cambodian Defenders Project (CDP) and the Amrin Law and Consultants Group, said the court was right to believe they should arrest someone after skipping three summonses, but agreed with Mr. Sokha’s argument that his immunity takes precedent.
“What Mr. Sokha is doing is in accordance with legal procedures, which depend on his immunity,” he said. “So how can they arrest him?”
He said the case was reminiscent of Chea Sim’s battle with the Khmer Rouge tribunal. Mr. Sim, president of the CPP and NA before his death last year, was summoned by the Khmer Rouge tribunal to answer questions but refused, claiming his parliamentary immunity exempted him from testifying.
“So for Mr. Kem Sokha’s case, if they want to arrest him, they should withdraw his immunity,” Mr. Sam Oeun said.
Since July 2013, the political situation in Cambodia has boiled down to disputes between the CPP and CNRP, who have been at loggerheads since the CNRP’s creation. But there have been moments, albeit brief, of equanimity between the two sides through the “culture of dialogue,” an agreement created last year to bridge the gap between the two sides.
It would surprise many, considering the current state of affairs, to see the photos of Sam Rainsy, the president-in-exile of the CNRP, and Prime Minister Hun Sen holding hands and attending celebrations together.
But the turn from calm to chaos has disproportionately affected the CNRP, which has seen a number of their officials and members jailed for a variety of charges, the vast majority of which they claim to be clear evidence of political bias in the country’s judicial system.
They have also decried the way the ruling party treats parliamentary immunity, saying that for every politician arrested, the legal shield provided to them gets weaker and weaker. The CNRP continues to criticize Mr. Hun Sen for his increasingly strongman-like actions that they say are destroying the country’s rule of law – something the ruling party often uses as its excuse for harsh, sometimes violent, actions against those who oppose them.
They pointed to the Anti-Corruption Unit, the courts and the Interior Ministry as clear evidence of the government’s bias against them. The ruling party, they say, is using government resources to tangle them in legal troubles and detain all their leaders.
Some even believe it was the Interior Ministry that tapped Mr. Sokha’s phones and released the audio recording on Facebook, kicking off the entire saga.
The legal drama is not only affecting the opposition party, but human rights defenders across the country, who came to the aid of Ms. Chandaraty after she looked and spoke as if the situation was too overwhelming for her to handle on her own.
After receiving assistance from a variety of NGOs and some UN officials, Ms. Chandaraty then turned around and told police they all instructed her to lie on the stand. Authorities arrested four human rights officials, a National Election Committee member and a commune chief.
Some were arrested for allegedly telling Ms. Chandaraty to lie and others were arrested for a small stipend given to everyone receiving assistance from the NGO. The government considered it a bribe and arrested anyone who met with her.
Any hope that the situation would improve went down the drain this week when Mr. Hun Sen shut down any talk of negotiation between the two parties and slammed foreign governments and the UN for criticizing his government’s actions.
He said any negotiation would “affect the court process” and believes the only place to discuss national issues is at the NA, which the CNRP is now boycotting because of the attempt to arrest Mr. Sokha.
The premier has hardened in his refusal to negotiate the release of political prisoners, claiming it is solely the court’s jurisdiction and cannot be affected by politics, despite the inherently political nature of the arrests themselves.
Mr. Hun Sen’s refusal to reach across the aisle is certainly not a new phenomenon. This kind of verbal, and sometimes physical, war of words is eerily reminiscent of the coalition government in 1997, with Prince Norodom Ranariddh and Mr. Hun Sen serving as first and second prime minister respectively.
The two were often at each other’s throats, and Mr. Hun Sen was allegedly able to cause enough turmoil within the royalist party to force Prince Ranariddh out.
Kem Ley, a political analyst, said if the ruling party was going to use the courts as a political tool, the CNRP had to learn to play along.
“If I am the CNRP, I would invite Sam Rainsy back, and Kem Sokha, citizen and activists should go [to the airport] and take him, and then see what happens. What will the government do? These cases are clearly political and a joke,” he said.
Independent political analyst Chea Vannath said both parties should avoid confrontations that could lead to violence.
“Tallying losses and wins will not make the political tension go away,” she said.
She suggested the CNRP write a letter to Mr. Hun Sen asking for a calm dialogue.
“Hand in a letter and give him a hand salute saying you’re sorry,” she suggested. “I think even vehement anger can be calmed down, and those who are not so riled up will be open to negotiate. We can bring the pressure down and come back better off.”
They appeared to have followed her advice: Mr. Rainsy yesterday sent a letter to the prime minister apologizing for an offensive statement he made recently.
Clik here to view.
Khmer Times/May Titthara Wednesday, 15 June 2016
Kem Sokha, the acting president of the opposition Cambodia National Rescue Party (CNRP), has been steadfast in his refusal to appear in court, upping the ante even more yesterday by not appearing for the third time to serve as a witness.
The big question now is, will this third strike lead to his arrest?
Thann Leng, an investigating judge at the Phnom Penh Municipal Court, ordered Mr. Sokha to appear in court on May 26 to clarify questions about his involvement with Khom Chandaraty, who has been accused of lying to police among a host of other charges.
The entire case started when audio recordings of conversations between Mr. Sokha and Ms. Chandaraty, his hairdresser, were leaked onto Facebook, purporting to show an alleged extramarital affair.
Mr. Sokha has refused to answer any questions about the alleged sex scandal and then refused to appear in court, citing his parliamentary immunity as reason enough for him not to have to appear. But after failing to show up for a second time, national police started a manhunt for Mr. Sokha, eventually stopping the effort in favor of taking the issue to the National Assembly (NA).
With the ruling Cambodian People’s Party (CPP) holding a wide majority in the NA, the legislative body approved the court’s request to force Mr. Sokha to appear in court, despite his immunity, and arrest him if he continues to disobey the order.
The court’s spokesman, Ly Sophanna, cited Mr. Sokha’s violation of article 538 of the penal code as the reason the court had every right to ignore his parliamentary immunity and force him to answer questions about the alleged sex scandal.
Senior CNRP members have stood behind Mr. Sokha, backing his decision not to appear in court and slamming the government for ignoring the immunity afforded to opposition parliamentarians.
Senior CNRP official Eng Chhay Eang said that party parliamentarians would not allow Mr. Sokha to appear in court because of his immunity and the relative floodgates it would open if he were to give in to the government’s demands. Although he refuses to appear, Mr. Sokha has sent his lawyers to the court to hand in a letter from him detailing his justifications for not appearing.
“If the court wants Mr. Kem Sokha to appear, Mr. Kem Sokha will appear as long as the National Assembly removes his immunity first,” Mr. Chhay Eang said.
Mr. Sophanna said the court would allow Mr. Sokha’s lawyers to represent him, but they could not answer any questions on his behalf.
“Lawyers who defend the rights of the accused cannot answer instead of the accused,” he said.
Sok Sam Oeun, the executive director of the Cambodian Defenders Project (CDP) and the Amrin Law and Consultants Group, said the court was right to believe they should arrest someone after skipping three summonses, but agreed with Mr. Sokha’s argument that his immunity takes precedent.
“What Mr. Sokha is doing is in accordance with legal procedures, which depend on his immunity,” he said. “So how can they arrest him?”
He said the case was reminiscent of Chea Sim’s battle with the Khmer Rouge tribunal. Mr. Sim, president of the CPP and NA before his death last year, was summoned by the Khmer Rouge tribunal to answer questions but refused, claiming his parliamentary immunity exempted him from testifying.
“So for Mr. Kem Sokha’s case, if they want to arrest him, they should withdraw his immunity,” Mr. Sam Oeun said.
Since July 2013, the political situation in Cambodia has boiled down to disputes between the CPP and CNRP, who have been at loggerheads since the CNRP’s creation. But there have been moments, albeit brief, of equanimity between the two sides through the “culture of dialogue,” an agreement created last year to bridge the gap between the two sides.
It would surprise many, considering the current state of affairs, to see the photos of Sam Rainsy, the president-in-exile of the CNRP, and Prime Minister Hun Sen holding hands and attending celebrations together.
But the turn from calm to chaos has disproportionately affected the CNRP, which has seen a number of their officials and members jailed for a variety of charges, the vast majority of which they claim to be clear evidence of political bias in the country’s judicial system.
They have also decried the way the ruling party treats parliamentary immunity, saying that for every politician arrested, the legal shield provided to them gets weaker and weaker. The CNRP continues to criticize Mr. Hun Sen for his increasingly strongman-like actions that they say are destroying the country’s rule of law – something the ruling party often uses as its excuse for harsh, sometimes violent, actions against those who oppose them.
They pointed to the Anti-Corruption Unit, the courts and the Interior Ministry as clear evidence of the government’s bias against them. The ruling party, they say, is using government resources to tangle them in legal troubles and detain all their leaders.
Some even believe it was the Interior Ministry that tapped Mr. Sokha’s phones and released the audio recording on Facebook, kicking off the entire saga.
The legal drama is not only affecting the opposition party, but human rights defenders across the country, who came to the aid of Ms. Chandaraty after she looked and spoke as if the situation was too overwhelming for her to handle on her own.
After receiving assistance from a variety of NGOs and some UN officials, Ms. Chandaraty then turned around and told police they all instructed her to lie on the stand. Authorities arrested four human rights officials, a National Election Committee member and a commune chief.
Some were arrested for allegedly telling Ms. Chandaraty to lie and others were arrested for a small stipend given to everyone receiving assistance from the NGO. The government considered it a bribe and arrested anyone who met with her.
Any hope that the situation would improve went down the drain this week when Mr. Hun Sen shut down any talk of negotiation between the two parties and slammed foreign governments and the UN for criticizing his government’s actions.
He said any negotiation would “affect the court process” and believes the only place to discuss national issues is at the NA, which the CNRP is now boycotting because of the attempt to arrest Mr. Sokha.
The premier has hardened in his refusal to negotiate the release of political prisoners, claiming it is solely the court’s jurisdiction and cannot be affected by politics, despite the inherently political nature of the arrests themselves.
Mr. Hun Sen’s refusal to reach across the aisle is certainly not a new phenomenon. This kind of verbal, and sometimes physical, war of words is eerily reminiscent of the coalition government in 1997, with Prince Norodom Ranariddh and Mr. Hun Sen serving as first and second prime minister respectively.
The two were often at each other’s throats, and Mr. Hun Sen was allegedly able to cause enough turmoil within the royalist party to force Prince Ranariddh out.
Kem Ley, a political analyst, said if the ruling party was going to use the courts as a political tool, the CNRP had to learn to play along.
“If I am the CNRP, I would invite Sam Rainsy back, and Kem Sokha, citizen and activists should go [to the airport] and take him, and then see what happens. What will the government do? These cases are clearly political and a joke,” he said.
Independent political analyst Chea Vannath said both parties should avoid confrontations that could lead to violence.
“Tallying losses and wins will not make the political tension go away,” she said.
She suggested the CNRP write a letter to Mr. Hun Sen asking for a calm dialogue.
“Hand in a letter and give him a hand salute saying you’re sorry,” she suggested. “I think even vehement anger can be calmed down, and those who are not so riled up will be open to negotiate. We can bring the pressure down and come back better off.”
They appeared to have followed her advice: Mr. Rainsy yesterday sent a letter to the prime minister apologizing for an offensive statement he made recently.