STATEMENT

Intimidation against opposition MP: Threat to lift Mu Sochua's Immunity

Published on 29 April 2009; Joint Organizations
F M

Cambodian civil society organizations condemn the reported threat to lift the parliamentary immunity of National Assembly member Mu Sochua.

The Sam Rainsy Party (SRP) MP last Thursday announced her intention to sue the Prime Minister for defamation, in connection with comments he made in a public speech in Kampot province on April 4. Within 24 hours of this, a pro-government television station quoted a Prime Ministerial advisor as saying the government would counter-sue Mu Sochua and that all Cambodian People's Party (CPP) MPs would support the lifting of her immunity.

"Arbitrarily threatening to suspend Mu Sochua's immunity, without any evidence of any crime having been committed by her, is a blatant act of intimidation against an opposition MP," said Ou Virak, president of the Cambodian Center for Human Rights (CCHR). "This is clearly intended to silence her and to dissuade her from exercising her lawful right to file a defamation lawsuit."

"MPs from all parties must be free to do their jobs, represent their interests of their constituents and speak out publicly on issues of public importance, without fear of arbitrary arrest and detention," said Pung Chhiv Kek, president of LICADHO. "The threat against Mu Sochua is yet another example of the dangerous environment facing opposition MPs in Cambodia."

"Parliamentary immunity exists so that MPs - from whatever party - can have the confidence to discuss contentious issues of importance to the public without fear of retribution. It is not something which should be taken away at the whim of government officials," said Yeng Virak, executive director of Community Legal Education Centre (CLEC).

There is a history of opposition MPs' immunity being lifted to allow prosecutions on flimsy criminal charges. The most recent example is SRP MP Cheam Channy, whose immunity was lifted in February 2005 and who was then arrested and convicted on unsubstantiated charges of creating a rebel army. His trial by the Military Court was widely criticized for being grossly unfair, and an independent expert UN panel later ruled that his imprisonment violated both Cambodian and international law. He was released after 18 months in prison.

"If Mu Sochua's immunity is lifted, it will only prove the very point that she is trying to make - that opposition MPs are not free to do their jobs without fear of intimidation and persecution," said Koul Panha, Executive Director of the Committee for Free and Fair Elections in Cambodia (COMFREL).

"Such a threat against an MP is doubly sad when it's against one of the few active women politicians in a country where women's voices are frequently suppressed and ignored," said Thida Khus, executive director of Silaka.

Cambodian civil society organizations call upon the Phnom Penh court to deal with all relevant complaints in an independent and impartial manner, and for National Assembly members from all parties to protect the role of their institution and its elected representatives. As such, they should refrain from lifting any MP's immunity unless there is compelling evidence of a crime having occurred.

This joint statement is endorsed by:
1. Cambodian Center for Human Rights (CCHR)
2. Cambodian League for the Promotion & Defense of Human Rights (LICADHO)
3. Community Legal Education Centre (CLEC)
4. Committee for Free & Fair Elections in Cambodia (COMFREL)
5. Coordination of Action Research on Aids and Mobility (CARAM)
6. Gender and Development for Cambodia (GAD
7.
8. Khmer Institute for Democracy (KID)
9. Neutral and Impartial Committee for Free and Fair Election in Cambodia (NICFEC)
10. SILAKA

PDF: Download full statement in English - Download full statement in Khmer

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