Should Sam Rainsy come back to be sent to jail by Hun Xen or not? 

(Photo: AFP)


22 September 2010
By Pech Bandol
Free Press Magazine Online
Translated from Khmer by Soch
Click here to read the article in Khmer


A myriad of lawsuits against the opposition party are currently being brought 
up and this raises the question on the future of democracy in Cambodia: will 
Cambodia limp toward democracy as it is doing now, i.e. a democracy that only 
serves as a shield to protect a dictatorship or will it return back to an 80s 
style communist regime?

Kul Panha, the executive director of the Comfrel NGO, indicated that the number 
of accusation cases against opposition officials are on the rise and this is 
intentional from the part of the ruling CPP party in order to smash democracy 
and to prevent free and fair elections.

Kul Panha commented: "We look at other countries in Europe, Japan, in America, 
nobody brings up lawsuits because of diverging political opinions such as we 
have here."

It should be noted that since 2009 until now, opposition officials have faced 
an array of lawsuits against them brought up by government officials and by the 
powerful CPP party. Mrs. Mu Sochua, an opposition MP from Kampot province, was 
sued for defamation by Hun Xen and the Supreme Court decided on 02 June 2010 
that she lost this case and it forced her to pay a compensation to Hun Xen, as 
well as a fine, both totaling 16.5 million riels. Opposition leader Sam Rainsy 
was sentenced in absentia by the Svay Rieng provincial court on 27 January 2010 
to 2-year of jail term in regards to his uprooting of border stakes, he is also 
facing another lawsuit where he is accused of falsification of public documents 
and disinformation. The latter case was heard on 08 September, but the 
sentencing will not be known until 23 September.

Furthermore, what is laughable is the lawsuit brought up by Hor 5 Hong against 
Sam Rainsy two years ago. The case is also coming up now. Chea Poch, another 
opposition MP, also saw his defamation lawsuit case, which was brought up by 
Prince Ranariddh 6 years ago, being dug up. In summary, with this array of 
theatrical shows, one can see clearly that the ruling party has a clear aim in 
mind: using the judicial system as a tool to break up the opposition, and in 
particular, to exclude from the Cambodian political scene the cumbersome 
opposition leader who is skilled at attracting supporters.

The poisonous strategy used by the CPP can be clearly seen during Hun Xen's 
inauguration of the Prek Phnov bridge on 20 September 2010 in which he issued 
the following warning: "If the opposition leader does not come back to face 
jail on his own, then the jail will be brought over to him." Regarding this 
problem, the public is wondering whether Mr. Sam Rainsy will return to be sent 
to jail by Hun Xen or will he continue to live in exile?

On this issue, Ou Virak, President of the Cambodian Center for Human Rights 
(CCHR), is of the opinion that Sam Rainsy should return back to Cambodia and 
let Hun Xen send him to jail. At that time, the national and international 
community will clearly see the dictatorship regime in Cambodia, and they will 
then help Sam Rainsy.

Nevertheless, Sam Rainsy knows clearly whether he should allow himself to 
become a pawn in Hun Xen's hand or not. To Sam Rainsy, the current Cambodian 
courts are merely puppets, they are courts that serve only the interest of the 
CPP, i.e. a KR-style tribunal, therefore why should Sam Rainsy allow himself to 
become the pawn of such of judicial system?

This means that Sam Rainsy will not show up to face the sentencing handed down 
by the Cambodian court controlled by Hun Xen. Therefore, Cambodia's fledgling 
democracy will face a major problem: a democracy without the presence of an 
opposition leader.

Nevertheless, regarding this issue, numerous analysts are of the opinion that 
the international community will do its utmost to pull Cambodia back to the 
right path to democracy, and it will not allow Hun Xen to pursue his misdeeds 
anyway he pleases.

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