Khmer Time/Taing Vida Friday, 09 September 2016
Even if acting Cambodia National Rescue Party (CNRP) leader Kem Sokha is convicted today of refusing to appear in court during a trial at the Phnom Penh Municipal Court, he will not be arrested, according to Justice Ministry spokesman Kim Santepheap.
Mr. Santepheap posted a video interview and an article on his Facebook page detailing the court procedure ahead of the trial date for Mr. Sokha, who has repeatedly refused to appear in court for questioning after being sued by his alleged mistress, Khom Chandaraty, in May.
The CNRP requested permission to host a big gathering at its headquarters in Chak Angre commune from 9am to 12pm today in an attempt to provide information about the political situation and particularly to enable its supporters to follow the court trial of Mr. Sokha, the acting party president.
Many are worried that police will attempt to arrest Mr. Sokha once he is convicted today.
Mr. Santepheap said Mr. Sokha is accused of violating article 538 of the Penal Code, relating to a failure to appear in court, and is facing up to six months in prison and a fine of one million riel.
He wrote that a verdict can only be enforced once a sentence has been handed down and due to the type of case lodged against Mr. Sokha, he will have one month to appeal the verdict from the day of the announcement as stated in article 382 of the Criminal Code.
A group of opposition members issued a statement yesterday imploring the court to stop the case against Mr. Sokha and fellow party member Um Sam An because it violated the constitutionally-backed immunity both men were given when they became National Assembly members.
During a press conference at the CNRP headquarters, Eng Chhay Eang asked the government to postpone the hearing and return to the negotiating table instead.
“We should talk to find a solution because the solutions will not be found in court but through negotiations between the two parties. We only want rights and safety. We don’t want to disturb or cause any issues,” he said.
Ly Sophanna, a spokesman for the court’s prosecutors, said they would ignore the CNRP’s requests and proceed with the trial because only Mr. Sokha and his lawyers had any say in the case.
On Tuesday, five of Mr. Sokha’s lawyers filed appeals to the court against sending the case to trial, eventually requesting an extension. Yesterday they filed another complaint to the Appeal Court, asking for judge Keo Mony to be replaced due to his lack of impartiality. Judge Mony had previously been criticized by the opposition party for an alleged lack of independence and the CNRP claims he has political leanings that would make it impossible for Mr. Sokha to have a fair trial.
“Judge Keo Mony used to work in politics against opposition activists and propagated falsehoods to citizens, so we don’t have trust or confidence in his decision for Mr. Sokha,” said Chan Chen, one of Mr. Sokha’s lawyers.
Despite approval from City Hall allowing the opposition party to gather a large number of its members, human rights group Licadho said yesterday that they saw police officers deployed around nine checkpoints on national roads throughout Kandal province and Phnom Penh.
Am Sam Ath, senior coordinator for the group, said these kinds of actions by the government were intended to strike fear in the hearts of local residents, and the tactic was working.
“According to the findings of Licadho, some CNRP activists’ vehicles from some provinces have been blocked and stopped for questioning. They put checkpoints up and police claim it is to maintain public order, but it is really to make people feel fear instead,” he said.
But the National Police refuted this statement, claiming the police checkpoints were to “maintain public order and security.”
“Do not be confused, because earlier, authorities decided to deploy forces to ensure the safety of citizens and NEC [National Election Committee] officials during voting registration to avoid threats. Mr. Sokha’s case is under the court’s procedure. It has nothing to do with this case,” said Saran Komsot, a spokesman for the National Police.
On September 3, the Interior Minister issued a plan to create a security force specifically for instances like this. In the event of a trial for any opposition members or activists, the forces will be deployed and will work with the military to provide “security and order” for Phnom Penh.
The Interior Ministry said the force will also cooperate with the military to prevent any acts of terrorism, crime and unrest that would affect court proceedings.