Friday, July 24, 2009

Mrs.Mu Sochua and the Justice

Mrs.Sochua is awarded for her brave to face with this court in order to bring along with the non-biased court, the justice and human dignity, the rule of law, the respect of the supreme national constitution, the fearless and open society, the liberal democracy, and the freedom of speech for all Cambodian people.

Finally, the municipal court of Phnom Penh delayed the verdict of Mrs.Mu Sochua from July 24 to August 4. Everyone, men and women, Cambodian people in Cambodia and abroad appealed for justice for Mrs.Sochua. In reality, we are not deceived by that because the justice for Mrs.Sochua was already violated at the beginning. The following is the injustice procedures of the court.
  • Mrs.Sochua is the victim of the trial because Prime Minister Hun Sen who defamed her during his public speech at Kampot province, not Mrs.Sochua. Prime Minister's speech was unacceptable for general women when he made fun that there were a woman wanted to expose her bra but accused others of stripping it off...that woman was a strong leg woman etc. This speech is irritated by all Cambodians.
  • Mrs.Sochua had to defend herself from being looking down by PM and misunderstanding by the public. If this case happened only between Hun Sen and Mrs.Sochua in a private place, not in public like this, it might not be a matter. But every Cambodian saw and heard when Hun Sen's speech was televised nationwide. When Mrs.Sochua wanted to use her basic right to protect her fame and dignity, that basic right has become a sword to herself because her lawsuit dismissed by the court but the countersuit by PM Hun Sen has been in the process. The court said her lawsuit was lack of evidence, but PM's lawsuit had sufficient evidence. What evidence should be relevant while PM defamed Mrs.Sochua through the public, Mrs.Sochua just defended herself by doing news press to prepare the lawsuit. The court used the excuse of not mentioning the name. Yes, Hun Sen didn't mention the name but when the public realize whose that person Hun Sen referred to, this evidence is relevant enough. More than this, previous conviction of defamation, there were many opposition members were convicted though they didn't mention the name directly. For instance, Sam Rainsy was convicted by this same court before while Sam Rainsy didn't mention the plaintiff name directly.
  • After the court dismissed her lawsuit and proceed PM's lawsuit, the Cambodian parliament was at the urgent meeting to strip off her parliamentary immunity. Why the assembly didn't strip off Hun Sen's immunity as well while he was also the defendant.
  • It is worst when Mrs.Sochua's lawyer, Kong Sam Onn rejected to defend her and surrendered himself to become CPP's political member while he was under the pressure by Ky Tech, Hun Sen's lawyer. Everyone knows that Kong Sam Onn was at the hardest situation because of his worrisome of Bar association would disbar him and his lawyer career would be terminated, also the court might convict him in the defamation lawsuit by Hun Sen as well. When Kong Sam Onn resigned, no lawyer or defense attorneys dare to defend Mrs.Sochua. This situation proves that Hun Sen's power is omnipotent, omniscient, and omnipresent in Cambodia. Mrs.Sochua is not reluctant to face with this injustice procedure. She came back to Cambodia from her international conference although her parliamentary immunity was lifted, and bravely she accepted to walk into the court without having defense attorney.
Now, the case of Mrs.Sochua is the best example for the injustice procedure of the court of Cambodia. This trial has been put in a high profile for the nation. The high profile that Mrs.Sochua has put her life in a difficult situation because every one knows and she knows that "The Cambodia Court is Excessively Influenced by the Prime Minister and the Government". Cambodian people in general, NGOs and international observers etc are keeping close eyes to this procedure.

We don't know what is in mind of the municipal judge on the 4th of August relating to this lawsuit. But what we have known is that the law itself and the litigation itself were already contaminated in this court of Cambodia. Now it wholly depends on the judge, the judge who was put himself in a very difficult situation because of the omnipotent of the Prime Minister. The win-win strategy would settle down when they convict Mrs.Sochua by fining her according to the Prime Minister's demand in his countersuit.

This trial is the best lesson for all Cambodians and the government to demonstrate the injustice court of Cambodia especially to learn to behave properly about the independence of the executive, the judiciary and the legislative. Doing so Cambodia will have the brighter future and the supreme national constitution will no one can violate any more.

But are Cambodian people aware about this? Does Hun Sen enlighten this? Does the court of Cambodia want to behave at a proper way at the sacrificing of their own corruption mind?

Mrs.Sochua is awarded for her brave to face with this court in order to bring along with the non-biased court, the justice and human dignity, the rule of law, the respect of the supreme national constitution, the fearless and open society, the liberal democracy, and the freedom of speech for all Cambodian people.

KY

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