=46rom Afar, Rights Experts Frets for Election, Courts
By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
08 May 2008
Lao Mong Hay is a senior researcher at the Asian Human Rights
Commission in Hong Kong. He is a close observer of Cambodian politics
and policy. He spoke to VOA Khmer in a face-to-face interview in Hong
Kong in April. The following are excerpts from the interview.
Q. What is your view on Cambodia=92s July election?
A. I am observing from overseas that both the Cambodian people and
some political parties are working closely together, but I slightly
regret that until now there are not yet electoral campaigns. Some
major political parties seem to have already started campaigning. Non-
ruling party activists have received threats or intimidation, or have
even been killed. These cases affect a smooth, free and fair election
in Cambodia.
Q. What is your opinion on whether Cambodia=92s election will be free,
fair and acceptable?
A. First, we should avoid violence and ensure activists and political
parties have freedom for their actions on campaigning, but we should
reduce conflict against each other during the campaign and avoid some
problems, those that are no involved with political party issues, such
as morality and gambling. I think that these issues affect Prime
Minister Hun Sen, but if we want to solve moral issues, such as
gambling, we should wait until the end of the elections, and we can
discuss together to find solutions without involving politics.
Second, involving the land issue, I really admire Prime Minister Hun
Sen, now that he has a new idea to resolve the land issues from
powerful persons. This is good, but should be followed up every day,
not just in the time of the election run-up, resolving a few cases.
When the election ends, the cases end too. It is not good, because
land-grabbing happens every day.
Q. The Sam Rainsy and Norodom Ranariddh parties have both experienced
problems in the courts. Foreign Minister Hor Namhong has sued Sam
Rainsy for defamation and disinformation, and Prince Norodom Ranariddh
has been sentenced in absentia to 18 months in prison over
embezzlement. How do these cases affect the election?
A. What I think is that I=92m not concerned with the law suits [of
individuals] against each other. But what I=92m concerned with is the
Cambodian courts, whether they are independent or not. This is a big
problem. I heard that some people are concerned about law suits and
their effect on the election. But if the courts were independent, not
under money or influence of the government, we should resolve these
cases. My understanding is that the courts are not yet independent.
For example: the case between Sam Rainsy and Hor Namhong. Many
prosecutors and judges are [Cambodian People=92s Party], so that is why
the courts are biased.
Q. How will a biased court affect the two opposition leaders?
A. It depends on whether we keep such cases from affecting
independence or not. The court has many means, such as the Appeals
Court, Municipal Court and Supreme Court. Ranariddh has fled the
country and is now living in exile in Malaysia. In March 2007, the
Court of First Instance, in Phnom Penh, tried him in absentia, and, as
was widely expected, he was sentenced to 18 months in prison and
ordered to pay damages to Funcinpec. He appealed this court ruling,
but in October the Court of Appeals ruled against his appeal. He then
appealed the ruling to the Supreme Court. The Supreme Court has now
started its proceedings, and it is expected that this appeal will be
heard sometime in July, around the time of the election. Ranariddh
cannot return to Cambodia to directly lead his party and its electoral
campaign lest he be arrested and put in jail.
And concerning Sam Rainsy=92s case, why did the court promptly [address
it]. What about the many cases the court ignores?
So that is why Cambodia=92s courts are not independent and are biased.
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