The Asian Forum for Human Rights and Development (FORUM-ASIA), a membership-based regional organization holding a consultative status with the UN ECOSOC, and in accord with its Cambodian member organizations ADHOC and LICADHO, welcomes the resolution of IPU on Mr. Cheam Channy, Member of National Assembly of Cambodia, adopted on October 19, 2005. However, we would like to express our deep concerns and draw your attention to continuing human rights violations of Members of Parliament of Cambodia and to comment on the IPU Resolution.

Background
On February 3, 2005, parliamentary immunity from prosecution was stripped from the Sam Rainsy Party (SRP) members of parliament Mr. Cheam Channy, Mr. Chea Poch and party leader Mr. Sam Rainsy. While Mr. Chea and Mr. Sam were able to escape the country, Mr. Cheam was arrested in Phnom Penh a few hours later by the Military Police, questioned by a Military Prosecutor and detained in the notorious Toul Sleng Military Prison - despite the fact that under Cambodian law, civilians are specifically excluded from the jurisdiction of the Military Court, and international law states that the trying of civilians by military courts should take place under conditions which guarantee the right to a fair trial.1
The case against Mr. Cheam Channy is based on spurious claims made by Prime Minister Hun Sen in 2004 that the SRP’s committee on defence affairs - which is chaired by Mr. Cheam as part of a typical parliamentary opposition “government-in-waiting” structure - somehow constituted an “illegal army”. On 9 August 2005, Cambodia’s Military Court sentenced Mr. Cheam to seven years imprisonment on charges of fraud and organizing an illegal armed force. Co-accused SRP activist Mr. Khom Piseth, who fled the country and has been resettled abroad as a political refugee, was sentenced to five years in absentia. No evidence of the possession of arms or the plotting of any violent act was presented at the trial, and the trial judge refused to permit defense witnesses to testify or to allow the defense to cross-examine prosecution witnesses. On November 25, 2005, the UN Working Group on Arbitrary Detention (WGAD) ruled that “under the laws of Cambodia the military tribunal did not have jurisdiction to adjudicate in Mr. Cheam’s case.” The WGAD further found that Cambodia was in breach of its obligations under international human rights law, stating that “the deprivation of liberty of Mr. Cheam Channy is arbitrary being in contravention with Article 14 of the International Covenant on Civil and Political Rights”, which Cambodia has ratified. The Special Representative of the UN Secretary-General for Human Rights in Cambodia described the conviction of Cheam Channy as a “grave injustice” and called for his immediate release.

Mr. Cheam has decided that it was pointless to appeal the conviction, given the ongoing executive interference in the judiciary. “He has no trust or hope the court will provide justice,” said Mr. Cheam’s lawyer, adding that his client had told him: “I can not continue the appeal as it will [only] enrage Prime Minister Hun Sen and there will no good fortune for me.” His only hope for release now lies with King Nordom Sihamoni, who has the power to issue royal pardons. In practice, however, such pardons cannot be granted without the permission of the Prime Minister. Underlining the political motivation behind the imprisonment, Prime Minister Hun Sen has stated publicly that Mr. Cheam’s wife must denounce SRP leader Sam Rainsy before such a request would even be considered.

Meanwhile, Mr. Chea Poch and Mr. Sam Rainsy - whose parliamentary immunity was lifted at the same time as Mr. Cheam’s - have faced prosecution on unrelated charges of defaming the coalition government leaders. Most recently, on December 22, 2005, Mr. Sam was sentenced in absentia to 18 months in prison on two charges of criminal defamation, and remains in indefinite exile. A similar case against Mr. Chea has yet to go trial. In addition, since October 2005, a total of five individuals - including three human rights workers, a journalist and a trade union - were arrested and detained on criminal defamation charges related to criticisms expressed of the government. Similar charges were filed against at least six other individuals who were not arrested because they were not in Cambodia at the time. Currently, the five arrested persons have been released from prison on bail; Prime Minister Hun Sen has stated that he will withdraw his defamation complaints against them, but it remains to be seen whether all criminal charges against them will be dropped.

Comments on the IPU Resolution
We would like to make some comments on the resolution and provide you some information we have as
follows:
1. In the case of Mr. Sam Rainsy and Mr. Chea Poch, the lifting of parliamentary immunity was conducted to permit their prosecution on criminal defamation charges;
2. As explained above, Mr. Cheam Channy has decided not to appeal the conviction, hence it is no longer uncertain whether Mr. Cheam will appeal the Military Court judgment;
3. Mr. Cheam’s detention conditions have now improved slightly. His wife and parliamentarian colleagues have been able to visit him in the military prison and he has been able to receive some reading materials;
4. As far as we are aware, on July 20, 2004, the Intelligence Department of the Royal Armed Forces of Cambodia made a complaint about Mr. Cheam to the Military Court, and the Military Court prosecutor subsequently asked the National Assembly to lift Mr. Cheam’s immunity and;
5. We are not aware of any complaint lodged against Mr. Cheam by a regional military commander, nor of the removal of such a complainant from his position by Prime Minister Hun Sen.

Conclusions
The conviction of parliamentarian Mr. Cheam Channy, and the prosecutions of Mr. Sam Rainsy and Mr. Chea Poch for criminal defamation, has grave consequences for parliamentary democracy and freedom of expression in Cambodia. Mr. Cheam Channy continues to be arbitrarily detained - as the UN WGAD has found - after being tried without due process by a Military Court which has no jurisdiction over him. Mr. Sam Rainsy, facing an 18-month prison sentence, is unable to return to Cambodia to resume his National Assembly seat and lead his party. Mr. Sam’s conviction for criminal defamation, and similar prosecutions against other individuals, is a significant attack on freedom of expression in Cambodia. The ability of parliamentarians and others to express criticism and dissenting views without fear of intimidation - an essential component of a parliamentary democracy - has been severely restricted. A serious deterioration in the political and human rights situation in Cambodia has been seen by the international community for over a year now. Without parliamentary democracy re-installed, the situation in Cambodia will only deteriorate.

Actions Requested
Thus, we would like to urge the Inter-Parliamentary Union to:
1. Adopt a resolution on the threat to democracy in Cambodia;
2. Immediately conduct an IPU on-site mission to Cambodia;
3. Communicate to the Cambodian Government, to inquire about the conditions of the detained parliamentarian Mr. Cheam Channy, bearing in mind the UN Standard Minimum Rules for the Treatment of Prisoner, and to clarify our comments on the IPU Resolution with the Government and;
4. Urgently petition the Cambodian authorities for the immediate release of Mr, Cheam Channy, on the unequivocal grounds of lack of military jurisdiction over him, for the dropping of all charges of criminal defamation against opposition parliamentarians and for a pardon to be granted for Mr Sam Rainsy. We humbly request that the Inter-Parliamentary Union to debate and accept our recommendations for action regarding Cambodia at the 112th session of the Committee on the Human Rights of Parliamentarians. Thank you for your kind consideration. Should you need any further inquiries and clarifications regarding this matter, please do not hesitate to contact us.

For more information, please contact:
▪ Thun Saray, President ADHOC +855 23 218 653/990 544, adhoc@forum.org.kh
▪ Anselmo Lee, Executive Director FORUM-ASIA, +66 1 868 9178, anselmo@forum-asia.org
▪ Naly Pilorge, Director LICADHO + 855 23 727 102/364 901, contact@licadho-cambodia.org

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