Suspicions of justice as Kem Sokha trial resumes in Cambodia | Issues of Human Rights

Phnom Penh, Cambodia – Court in Cambodia on Wednesday will resume charges of assaulting senior opposition leader Kem Sokha following a two-year delay that led to the COVID-19 epidemic.

Kem Sokha, former leader of Cambodia National Rescue Party (CNRP) now banned. he was arrested and charged with sedition in 2017, one year before Cambodia before the 2018 elections.

Sokha, aged 68, was charged with plotting to overthrow the government with the help of the United States. The case led to a crackdown on the CNRP, which threatened the ruling Cambodian People’s Party (CPP).

The CPP is led by Cambodian Prime Minister Hun Sen, who has been in power for more than 30 years.

People of all races and nationalities in the country have condemned the Sokha case, calling it a “political activist”.

“He should not have been arrested or prosecuted,” said Ou Virak, president of the Future Forum, a think tank.

Despite fierce opposition, the government has persisted.

A spokesman for the Ministry of Justice and the Cambodian Human Rights Commission (CHRC), Chin Malin, said there was enough evidence to move the case forward.

“In the case of Kem Sokha, the court has fulfilled its duty to rule in accordance with the law,” he said.

The Sokha case, which began in January 2020 was delayed in March when the first cases of coronavirus started.

“We now have a COVID-19 that we are developing, to continue the case,” Y Rin, a Phnom Penh court spokesman, told Al Jazeera.

The Sokha defense party says it has “hope” and is ready to defend the former politician in court.

“We, our fellow lawyers, and our client are ready to be prosecuted,” said Chan Chen’s lawyer. “We have hope [to win]. As I mentioned earlier, my client has not done anything wrong as he claims. “

Although defense attorneys have hopes of winning the case, many are skeptical. Critics have criticized the move, saying it was politically motivated.

“I would be shocked if he was not found guilty. “The court has not ruled on any political charges in Cambodia,” said Virak, a former president of the Cambodian Center for Human Rights (CCHR), a human rights organization founded by Sokha.

“I’m looking forward to another delay. The best case, the most suspicious, is the trial and then suspension. Even so, Kem Sokha cannot be reformed politically. This will require further political dialogue and disunity. “

Doubtful experiment

After the local elections in 2017, when the CNRP changed acting forcefully, hundreds of police officers entered Sokha’s house.

Mr Sokha was arrested on charges of sedition, a sentence of 30 years in prison.

Critics and many other countries have dismissed the allegations as baseless. They say the real reason Sokha tied it up was because CNRP is so popular.

“I do not see any legal reasons for his arrest. The government only wants to ensure that the main opposition party (CNRP) does not run in the next general election and that this was the main reason for his arrest, “said Sorpong Peou, a professor in the Department of Politics and Public Administration. Ryerson University.

“The Cambodian court is still very political and cannot be judged fairly. Cambodian politics remains immovable because it all involves the politics of survival.

“The incumbent government always meets what I call the legitimate problem and thus tends to rely on coercive tactics to keep him in office,” he said.

CNRP protesters pose a threat to the long-term administration of Prime Minister Hun Sen [File: Samrang Pring/Reuters]

The World Justice Project (WJP) has described the courts in Cambodia as one of the worst in the world.

In an October report, which cited countries such as the protection of human rights, human rights, the rule of law, and the absence of corruption, Cambodia finished second – 138th out of 139 countries – above Venezuela.

The US continues to call on Cambodian officials to “stop political crimes” against political opponents, as well as critics such as Sokha, journalists, co-workers and activists, “said Chad Roedemeier, a spokesman for US ambassador Phnom Penh.

“Promoting democracy and respect for human rights is of paramount importance to US politics in Cambodia and the rest of the world,” he added.

The CPP has been a major figure in national politics and is closely linked to all government agencies and the military. Its executive committee consists of high-ranking judges, military officers, and government officials.

He faced a major crisis in the 2013 elections when he met with the CNRP, which was formed as a result of merging Sokha’s Human Rights Party with a well-known party led by longtime rival Sam Rainsy.

The CNRP won 44 percent of the vote in the national election, and four years later it received almost half of the vote in the general election.

As the election approached, the Hun Sen government began to oppose the opposition party and other critical words, including government agencies and independent media.

Hearing against Kem Sokha starting today. Many, including me, Adhoc, the UN, and a representative of the Australian embassy, ​​have been placed on a reservation list, meaning that we will not be able to appear in court because the seats mentioned by the court are limited. pic.twitter.com/4qJtEfjwGn

– Sopheap Chak (@sopheapfocus) January 19, 2022

In solitary confinement, the Cambodia Daily newspaper, a daily English edition of an American family, is known for its investigative journalism. forced closure provided with a capital tax of more than $ 6m. Another independent newspaper, The Phnom Penh Post was forced to sell to a businessman who is said to be building a government after it was also given large sums of tax money.

Sam Rainsy, a well-known longtime leader and Sokha’s political partner at CNRP, has fled the country as he and his colleagues have been prosecuted on numerous charges.

In October 2021, he and his group, along with Mu Sochua, another opposition politician, were charged with “conspiracy and disorderly conduct” under Cambodian law, in addition to a number of previous convictions. They are all in bondage.

“The whole case is a fabrication, based on fabricated, politically motivated allegations that cannot be reconciled with reality. Cambodians, “said Phil Robertson, Human Rights Watch’s deputy director for Asia. .

“Sokha’s case is a major sign of Hun Sen’s demolition, subjugation of lies, threats, arbitrary arrests, and lower courts responding to the ruling party itself.”

Political action

Oppression of the past during Hun Sen’s 36-year rule has often diminished after those seeking political participation.

Sam Rainsy was given a royal pardon which allowed him to return to this country from his previous exile and run the 2013 elections.

Some CNRP leaders have been allowed to re-enter politics after demanding so-called “reform” from the government.

In Sochua he hopes that Kem Sokha will be found guilty and the rounds continue.

“There will be no justice; all faults are false. “I am directing politics to get Hun Sen in office,” he said.

“Kem Sokha will be found guilty and pardoned by the king. We have no doubt that Hun Sen wants to end political conflicts as Cambodia is the leader of ASEAN.”

Cambodia is the chair of this year’s Association of Southeast Asian Nations (ASEAN), with Hun Sen’s meeting with government officials those who seized power in Myanmar last year have already sparked controversy in an organization known for their “noncompliance” with each other.

“Because this is a political case, I doubt the court will find him guilty. “I do not see how the Cambodian role as an ASEAN group in 2022 can affect,” said political analyst Sorpong Peou. “Non-interference is one of the things of ASEAN. Nothing can happen to what has happened in Myanmar.”

Sokha was released from prison at the end of 2019. He met with several ambassadors and traveled throughout the country, but complied with a political ban imposed by the court.

Robertson, of Human Rights Watch, believes the anti-Sokha case was designed to continue “long” in order to stay out of politics and “always look at his shoulder” for fear of being sent back to prison.

Kem Sokha has left politics since his trial was postponed, but has held several meetings with ambassadors including French ambassador to Cambodia Eva Nguyen Binh. [File: Tang Chhin Sothy/AFP]

However, as the new electoral journey approaches, the case will be closely monitored.

“We urge all parties concerned to protect the rights of the accused to a fair trial and to ensure that people are presumed innocent, the right to be innocent until proven guilty, respected and protected at all times,” said Pradeep Wagle, a lawyer. High Commissioner for Human Rights in Cambodia.

Defendants must be protected “by other fundamental human rights, including the right to freedom of assembly, association, and expression in accordance with international human rights law, and to be legally recognized by Cambodia before detention,” he said.

“We believe that these three rights are being protected by Cambodian authorities in the run-up to national elections.”

Sokha was not immediately available for comment, when her daughter, Monovithya Kem, declined to comment.

“When the case is over, I will,” Monovithya said.