A Change of Guard

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Wednesday 13 May 2015

The Political Game and the Judiciary

Tuesday, 12 May 2015; News by Khmer Times/Ros Chanveasna


PHNOM PENH (Khmer Times) – Despite the recent harmony between the ruling CPP and the CNRP, the court continues to summon CNRP lawmakers for questioning about the anti-government protest that turned into a violent clash on July 15, 2013 at Freedom Park.

While Prime Minister Hun Sen was grinning ear to ear and displaying comradeship with CNRP president Sam Rainsy, the Phnom Penh Municipal Court called opposition lawmakers and other activists in for questioning.

Five days before the Khmer New Year, Kem Sokha was asked about his role in the protests and spent seven hours answering questions by the court about the plot to overthrow the government. 

At that time, Prime Minister Hun Sen replied blandly: “This is a matter between the court and Mr. Sokha, not between the court and Hun Sen or Mr. Rainsy.” 

On Monday, CNRP lawmaker Mu Sochua sat in a courtroom being questioned about the Freedom Park protests. Ms. Sochua declined to answer any questions from the investigating judge and called on the court to drop all charges against her.  

Leaving the Municipal Court, Ms. Sochua told reporters that the investigating judges asked her 10 questions about the affair.

“I maintain my right as a lawmaker, who has immunity, and by Article 80, which concerns the procedure to summon [members of parliament] for questioning, to defend [myself] by not answering the questions … All questions are related to July 15’s [clash],” she said. 

“I asked him [investigating judge Keo Mony] why the court calls lawmakers to question despite our immunity but he refused to answer,” she added.  

CPP spokesman Sok Ey San told Khmer Times, “I think that it’s not a violation to her parliamentary immunity at all” because these cases deal with events that happened before the involved persons were granted immunity, and the cases are still open. 


He also said the persons were only brought in for questioning, and that “It doesn’t mean that the court arrests them.”

“The agreement to end the political deadlock in July 2014 cannot be used to use it to interfere in any criminal cases, because the judiciary power is separate from legislative and executive powers in the Kingdom,” said Mr. Ey San. 

Prime Minister Hun Sen, in a speech delivered Monday at a graduation ceremony, said the “culture of dialogue” between the ruling CPP and the oppositional CNRP is a political principle that has no power to interfere in the judiciary system. 

“The culture of dialogue issue has no power over the law … Activists who violate the law cannot be freed by it,” he said. 

Political analyst Sok Touch, however, is of a different opinion.

“It is my view that it’s a proper procedure, because … Cambodian politicians broke the political deadlock already,” he said. “Thus, they should do their duty and follow the legal procedures to close this case.”

He said according to Cambodian constitutional law, lawmakers have parliamentary immunity and cannot be arrested or jailed. But the law makes no mention of immunity against being questioned in a court of law.  

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