Six CNRP members in jail: 3 PPP articles

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Six CNRP members in jail

Thu, 17 July 2014

Post Staff

Ten opposition members, including seven elected lawmakers, were charged yesterday by Phnom Penh Municipal Court with crimes ranging from holding an illegal demonstration to insurrection over their alleged roles in a violent protest at Freedom Park on Tuesday.

Shortly after 5pm yesterday, Cambodia National Rescue Party lawmakers-elect Mu Sochua, Keo Phirom, Men Sothavarin, Ho Vann and Real Camerin, and Oeun Narith, a CNRP youth leader and assistant to Sochua, were sent to pre-trial detention in Phnom Penh’s notorious Prey Sar prison.

Photos uploaded to Facebook last night showed Vann changing into prison-issue clothing.

“I decided to detain six of them and sent them to Prey Sar Prison temporarily,” said investigating judge Keo Mony, citing charges including “holding a demonstration illegally, incitement to commit a crime against public civil servants and initiating ideas to commit a violent act with aggravating circumstances”.

CNRP chief whip Son Chhay told the Post that two other lawmakers-elect, Long Ry and Nuth Romduol, were also charged with the same crimes, but as of 8pm last night, they had not been arrested.

Two other CNRP activists have also been charged but remain at large, according to Sam Sokong, a defence lawyer for Camerin and Narith.

If found guilty, the accused CNRP members could face up to 30 years in prison.

And Mony said his investigation was not over. “[it is] not completely done yet, I will continue investigating them .”

Brigadier General Chhuon Narin, deputy chief of Phnom Penh Municipal Police, said arrest warrants were issued for a total of 17 people over Tuesday’s violence after 39 complaints were filed with the court.

Outside of the courthouse yesterday, lawyers of the accused lambasted the ruling.

“I will soon file a complaint opposing the court’s decision in sending my client to prison, and requesting that the court let her stay outside of the prison,” Meng Sopheary, Sochua’s defence lawyer, told the Post.

Another lawyer, Ket Khy, said he would meet with his clients, Vann and Phirom, in Prey Sar this morning.

The charges came after a protest on Tuesday morning to “free Freedom Park” turned violent when opposition supporters responded to attacks from Daun Penh district security guards with brutal mob beatings.

Post reporters at the scene witnessed numerous guards being isolated, stripped of their clothes and mercilessly attacked by the crowd.

Yesterday, a member of staff at Calmette Hospital told the Postthat 22 people remained hospitalised following Tuesday’s violence.

Meas Phoeun, one of those beaten unconscious, was recovering from the attack.

“He woke up from unconsciousness on Tuesday night, and right now he can eat and speak a bit, but he is still weak and a doctor told him to sleep for a long time,” said Phoeun’s son, Meas Bunthan.

Bunthan added that his father was not a security guard but the chief of Phsar Thmey III’s Village 10.

In a press conference yesterday morning, the Council of Ministers said the protest was a “pre-meditated plot” to create chaos with hard-line supporters “armed with batons and other deadly tools”.

Phnom Penh Governor Pa Socheatvong said the CNRP elected lawmakers should be punished. “We consider it was the ambition of the CNRP’s leaders ... to incite people to create turmoil, instability, insecurity and disrupt public order in Cambodia,” he said.

Sochua, Phirom and Sothavarin were all initially detained at Freedom Park before being taken to police headquarters on Tuesday morning.

Later that day, Vann was detained after showing up at police headquarters.

At about 2am yesterday, Camerin was arrested while driving in Battambang province in an attempt to flee to Thailand, according to Chhuon Narin.

Narith was arrested at about 11am yesterday as rights group Licadho attempted to drive him to CNRP headquarters.

Senior government officials held a briefing late yesterday afternoon at the Ministry of Justice to explain to foreign diplomats why opposition lawmakers had been detained and charged, emphasising they were not exploiting the situation for political gain.

People stand at a barracks near Phnom Penh Municipal Court yesterday and wait for news of the detained CNRP members. Vireak Mai

In opening remarks before the meeting moved behind closed doors, Minister of Justice Ang Vong Vathana said the government could not tolerate the “unlawful and brutal acts” incited by the opposition.

At a press conference afterwards, Interior Ministry Secretary of State Prum Sokha said that some diplomats had questioned whether the violence had been staged to increase political pressure on the CNRP to join parliament.

“The matter [of violence] yesterday was not to force political negotiations,” he said. “The [lawmakers-elect] are either guilty or not guilty and we will wait to see the final decision of the court.”

Four of the five lawmakers-elect in custody hold dual citizenship in Western countries.

Sochua holds US citizenship, Camerin holds Australian citizenship, Phirom holds New Zealand citizenship and Sothavarin holds French citizenship.

US Embassy spokesman John Simmons said in an email following the government’s briefing of the international community that the US condemned the violence and was calling for the release of the opposition lawmakers-elect.

“We call for the release of Mu Sochua and the other members of parliament in the spirit of political reconciliation,” he said.

Simmons added that the embassy was “attempting to provide” consular services to Sochua.

When reached yesterday morning, French Embassy first secretary Nicolas Baudouin said they were in contact with Sothavarin’s family to provide consular assistance.

“We are trying to have access to first-hand information on the events, including briefings from both parties involved. We are maintaining consultations among European partners regarding the situation.”

The New Zealand Foreign Affairs Ministry said in an email that it was aware of Phirum’s arrest and that the embassy in Bangkok was seeking an update. The Australian Embassy directed questions to the Foreign Ministry in Canberra, which could not be reached for comment.

In a statement released last night, UN Special Rapporteur for Human Rights Surya Subedi called on the government to “guarantee the constitutional right to peaceful assembly for all Cambodians” and “ensure the fair treatment of those arrested in strict accordance with the human rights standards relating to the administration of justice”.

At a press conference yesterday, CNRP deputy leader Kem Sokha said that the party would hold a mass demonstration if the accused party members were not released, adding that the party would take a “peaceful” and “nonviolent” approach.

But political analyst Kem Ley said he feared yesterday’s ruling could lead to an uprising.

“So far, the CNRP has tried to limit the role of the activists by teaching peaceful demonstrations. I am worried now people will gather and do something illegally.... I think there will be more and more violence.”

The CNRP’s Chhay said he would consider resuming talks with the CPP but would not “agree to any deals under this kind of pressure”.

REPORTING BY BUTH REAKSMEY KONGKEA, MEAS SOKCHEA, ALICE CUDDY, VONG SOKHENG, KHOUTH SOPHAK CHAKRYA, KEVIN PONNIAH AND CHEANG SOKHA

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Immunity question moves to fore

Thu, 17 July 2014

Kevin Ponniah and Alice Cuddy

The night before violence broke out at Freedom Park on Tuesday, Interior Ministry spokesman Khieu Sopheak took pains to assert that opposition lawmakers-elect, who have not taken their seats at the National Assembly in protest, do not have parliamentary immunity and could, therefore, have the law “imposed with force” against them.

Now, with five Cambodia National Rescue Party lawmakers-elect in custody, charged with serious offences, the issue of whether they have immunity is being put to the test.

Mu Sochua, one of those charged, yesterday cited her immunity in calling the detention “unconstitutional”.

CNRP deputy president Kem Sokha said that if the ruling party deems the current National Assembly legitimate, then it’s a double standard to not grant all elected assembly members immunity. He also said that before arresting or detaining lawmakers with immunity, two-thirds of parliamentary approval is needed.

Political analyst Kem Ley agreed: “It is contradicting what [the CPP] said before”.

The CNRP has long argued the assembly is illegitimate because only 68 ruling party lawmakers were sworn in despite the Constitution saying the assembly “shall comprise at least 120 members”.

But numerous analysts and lawyers have questioned that reasoning, arguing that by being elected, lawmakers become official “members” of the assembly, thereby satisfying the requirement, though they cannot commence their duties until they take their oaths.

A top lawyer from a local firm who requested anonymity said yesterday that because the constitution states that “members” of the assembly enjoy immunity, the CNRP should also have it.

“In my reading of Article 80 of the constitution, I believe that the lawmakers-elect should have their parliamentary immunity even though they have not sworn in, because literally they are members of the parliament,” he said.

But a Cambodian constitutional law expert at a respected local university, who also declined to be named, disagreed. Opposition lawmakers-elect would have to be sworn in to “confirm their validity”.

“In short, an elected member is not immediately an MP, not until provision of Article 82 of the constitution and Provision 2 and 3 of the internal rules of the National Assembly are observed,” he said.

The internal provisions involve elected candidates being declared as “full-rights MPs” by the Assembly president at the first meeting of every parliamentary session and having their names publicly posted to “determine the validity”.

Article 82 says that after opening, the National Assembly “shall declare the validity of each Member’s mandate”, with members having to take an oath.

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Paging Sam Rainsy: Amid arrests, leader plans return ‘ASAP’

Thu, 17 July 2014

Kevin Ponniah

Tuesday's brawl at Freedom Park and the ensuing charges against opposition members represent a turning point in the political stalemate and a worsening in relations between the two parties ahead of the one-year anniversary of the disputed election on July 28.

In the middle of this, many are asking why opposition leader Sam Rainsy remains abroad – he left for Europe last month – when such upheavals are occurring at home.

The CNRP leader lived for years outside of Cambodia before returning in the 1990s, and often travels to maintain contact with a global network of supporters. His deputy, Kem Sokha, said yesterday that he would be back from this latest excursion “soon”.

Rainsy himself has declined to comment on the violence, referring questions to Sokha.

Yesterday, he said in an email that he was “making arrangements to return”, but did not name a date. When asked again, he said “ASAP”.

It had previously been floated that Rainsy would make a grand return on July 19, the anniversary of his return from exile last year, but he told the Post last week that no such plan existed.

Political analyst Kem Ley said it was “disappointing” that Rainsy has been away for so long and not rushed back to Cambodia after the violence.

“He has just been relaxing in Paris, playing on Facebook and leaving Kem Sokha to do the work. Sam Rainsy’s group seems like more relaxed than the other,” he said. “I think that he must negotiate with Prime Minister Hun Sen, and Kem Sokha also must contact regularly with Sar Kheng for political negotiations.”

Ou Virak, chairman of the Cambodian Center for Human Rights, said it’s Rainsy’s choice, but in times like these, leadership is needed.

“If I were him, I would come back immediately.”

http://www.phnompenhpost.com/national

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Pagoda raid ‘act of intimidation’

Thu, 17 July 2014

Chhay Channyda and Sean Teehan

Armed police raided the Wat Neak Vorn pagoda in the capital’s Tuol Kork district on Tuesday night after some of its monks attended an opposition demonstration that descended into violence at Freedom Park earlier in the day.

Police and monks had differing accounts as to why the seven-hour occupation took place at the pagoda complex or why police had searched a building overseen by Keo Soly, a project coordinator for the Independent Monk Network for Social Justice.

“We did not know why they came,” Soly said. “We just feel that just because we have joined protests since the election, they tried to intimidate us.”

Heak Chhork, who is living at the pagoda while studying English, said commune officers armed with bats and knives searched the room without explaining why.

But Boeung Kak II commune police chief Khan Khontith yesterday said that police occupied the pagoda until 4am in response to requests from the chief abbot to protect the complex from local thugs. Nobody was arrested and nothing was confiscated.

The police presence came just over 12 hours after a violent protest where opposition Cambodia National Rescue Party demonstrators badly beat several Daun Penh district security guards, some of whom had sustained serious injuries.

Soly, who attended the demonstration, said the beatings were fair due to security forces’ brutal crackdowns on peaceful protests in the past.

“I think they deserved that,” Soly said. “We don’t want a culture of violence, but the government created it.”

On the same night of the police occupation of Wat Neak Vorn, chief abbot Ngin Khim called Soly to the temple to chastise him for attending, he said.

But Khim yesterday said that he merely told Soly that engaging in such activity is not allowed.

“I did warn him not to join in any demonstration or protest, because it violates Buddhist rules,” Ngin said. “I told him doing that does not look good in the eyes of Buddhist people.”

Pointing out that monks at the protest made attempts to protect security guards, Soly said he sympathised with the guards.

“We felt pity for those guards, and we forgot about the times they beat us,” Soly said.

http://www.phnompenhpost.com/national/pagoda-raid-%E2%80%98act-intimidation%E2%80%99