Appeal Court Ruling a Mockery of Justice — Sam Rainsy Party

“[The IPU] observes with deep concern that the decisions such as those in question may have a

dampening effect on the ability of members of parliament and, even more so, of citizens to

criticize the conduct of government officials and hence may detract from democratic debate…”  

– Resolution adopted by consensus by the IPU Governing Council at its 185th session

(Geneva, 21 October 2009)

The Appeal Court, ignoring principles of fair trial, blindly affirmed the decision of the municipal court: the accused was denied her rights to be represented by a lawyer of her choice, and to be judged by an independent and impartial tribunal.

Last week, the Geneva-based Inter-Parliamentary Union (IPU) adopted a resolution on this case, finding that “the threat of disbarment of [Mu Sochua’s] lawyer, which forced him to withdraw from the case, violated her right to counsel of her choice…whatever may have been the reasons for [his] withdrawal….” The IPU further concluded that “it is difficult to accept the argument of the authorities that no link exists between the risk of his being disbarred from the Bar Association and his having taken on Mu Sochua’s defence…”

The lack of reforms of the judiciary in Cambodia and the direct manipulation of the justice system by the executive branch must be condemned and immediate steps must be taken to allow judges and lawyers to exercise their roles and functions according to the rule of law and the principle of independence of judges and lawyers.

We acknowledge and highly value the presence of all local and international human rights organizations during the hearing today, and we call on civil society and the international community to continue their vigilance of the current surge of defamation cases against dissenting voices, and partisan political pressure on the judiciary.

The government must be held accountable to deliver clear results in the reforms of the judiciary and its commitment to democratic principles. Such manipulation of the judiciary to silence critics is a serious attack of people’s rights under the Constitution and international law, and can not be tolerated in a free society.

The full version of the IPU Resolution can be found at KI-Media or at CALD Feature on IPU Resolution.

For more information, contact at 012 788 999,  012 831 040

Categorised in: News Article

This post was written by CALD