Cambodia: The Odds Are Stacked Against A Fair Trial For Opposition Parliamentarian Mu Sochua

Mu Sochua, a Member of Parliament from the opposition Sam Rainsy party, was tried on 24 July 2009. She was charged with defamation against Prime Minister Hun Sen following her announcement of her own defamation lawsuit against the latter in press conference held in April. In Cambodia, defamation is a non-custodial criminal offense punishable by a fine.

She was not able to secure the service of a defense counsel and chose to exercise the right to remain silence throughout the hearing. The verdict is expected to be announced on 4 August. Considering the political control of the judiciary and the intension to terminate her political career, the chances of Mu Sochua getting a fair trial are very remote, however strong her case might be.

Executive control of the court is an established fact and it is known that the court lacks independence. It is evident that it had been used by the powerful against the critics. The government has implicitly acknowledged this shortcoming of the judiciary and has even planned to correct it. For that part, almost all prosecutors and judges are still affiliated to the ruling Cambodian People’s Party (CPP), formerly a communist party whose discipline on members is still as strict as in the communist State.

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