PRESS RELEASE - Phnom Penh, 28 January 2010For immediate release
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Sam Rainsy Conviction Reflects Cambodia’s Rotten Democracy
The Cambodian Center for Human Rights (“CCHR”) condemns the political-ruling by Svay Rieng Provincial Court on 27 January 2010 that found Cambodian Opposition leader Sam Rainsy guilty of racial incitement and destruction of property, and villagers Meas Srey and Prom Chea guilty of destruction of property. The charges arose from an October 2009 incident in which Mr. Rainsy joined villagers from Svay Rieng’s Chantrea district in symbolically uprooting temporary Cambodia-Vietnam border markers, which villagers claimed had been placed illegally in their rice fields by Vietnamese authorities. Mr. Rainsy’s conviction reflects the state of Cambodia’s democracy, as three of its cornerstones- parliamentary immunity, freedom of expression and judicial independence - continue to be uprooted by the Royal Government of Cambodia (the “RGC”).
Parliamentary Immunity
Mr. Rainsy’s conviction follows the stripping of his parliamentary immunity in November 2009 in a closed session of the ruling Cambodian People’s Party-dominated National Assembly. It continues an alarming trend that saw opposition lawmakers stripped of their immunity on four occasions in 2009. Parliamentary immunity is guaranteed in Article 80 of the Constitution of the Kingdom of Cambodia (the “Constitution”) and is intended partly to ensure that the legislature can oversee the executive, with parliamentarians free to express opinions without fear of reprisal. Parliamentarians must be able to question the RGC’s policy and activities without being stripped of their immunity and faced with criminal charges. The CCHR condemns the frequent disregard of parliamentary immunity and urges the RGC to work with legal experts, representatives of all political parties, and civil society to develop a clearer, de-politicised legal framework governing parliamentary immunity.
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