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IPU July2011 Regarding Mu Sochua's case (D Sochua 134 E)

IPU July2011 Regarding Mu Sochua's case (D Sochua 134 E)

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Published by kiletters
Mu Sochua, SRP MP, Hun Xen's travesty of justice
Mu Sochua, SRP MP, Hun Xen's travesty of justice

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Categories:Business/Law
Published by: kiletters on Jul 27, 2011
Copyright:Attribution Non-commercial

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07/27/2011

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COMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANSCOMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANSCOMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANSCOMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANSCASE No. CMBD/47CASE No. CMBD/47CASE No. CMBD/47CASE No. CMBD/47 ---- MU SOCHUA MU SOCHUA MU SOCHUA MU SOCHUA ---- CAMBODIA CAMBODIA CAMBODIA CAMBODIA 
 D DD Decision adopted by the Committee at its 13ecision adopted by the Committee at its 13ecision adopted by the Committee at its 13ecision adopted by the Committee at its 134 44 4
thththth
sessionsessionsessionsession (  ( (GenevaGenevaGenevaGeneva,,,, 4 44 4 ---- 7777 July  July  July  July 2011) 2011) 2011) 2011)
The Committee,
 Referring
to the case of Ms. Mu Sochua, an opposition member of the National Assembly of Cambodia, and to the resolution adopted by the Governing Council at its 188
th
session(April 2011),
Taking into account 
the information provided by one of the sources on 10 June 2011,
 Recalling
the following information on file:- Ms. Mu Sochua’s public announcement that she would file a defamation lawsuit againstthe Prime Minister prompted the latter to file a lawsuit against her, citing as evidence interalia her complaint to the IPU; while her lawsuit was quickly dismissed, the Prime Minister’slawsuit proceeded and in June 2010, the Supreme Court upheld the verdict of the PhnomPenh Municipal Court which had found her guilty and ordered her to pay a hefty fine; asMs. Mu Sochua refused to pay the fine, it was deducted from her MP’s salary, although insuch cases, a prison term is normally served;- By November 2010, the fine had been paid off in full, but her parliamentary immunity hasnot been restored;
 
different opinions were given as to how her parliamentary immunityshould be restored until the National Assembly stated in a letter of 12 April 2011 that, byvirtue of Article 535 of the Penal Code, Ms. Mu Sochua has to wait one year beforesubmitting an application for rehabilitation to the Appeal Court; should no application besubmitted, her immunity would be restored automatically after five years; the leader of theCambodian delegation to the 124
th
Assembly stated that rehabilitation is governed by theCriminal Code, including for members of parliament and, during the period in question,Ms. Mu Sochua must not commit any other crime if she wishes to be rehabilitated,
Considering
that, in May 2011, while making door-to-door visits in Battambang town toinform inhabitants of their right to free public health care and education, Ms. Mu Sochua and herteam of locally elected councillors were reportedly surrounded and threatened by members of theruling Cambodian Peoples Party (CPP), who accused her of inciting villagers against thegovernment;
 noting
that the opposition team lodged a complaint with the Governor the followingday and that Ms. Mu Sochua sent a report about the threats to the Ministry of the Interior,
 Recalling
that United Nations human rights bodies and mechanisms have expressedconcern about the independence of the judiciary in Cambodia and that, most recently, the UnitedNations Special Rapporteur on the situation of human rights in Cambodia, in his report to the UnitedNations Human Rights Council of 16 September 2010
1
, identified freedom of expression as a majorcause for concern, along with the numerous challenges faced by the judiciary, and expressedconcern about the narrowing of political space, and recommended that defamation anddisinformation be decriminalized altogether,
1A/HRC/15/46.
INTERINTERINTERINTER----PARLIAMENTARY UNIONPARLIAMENTARY UNIONPARLIAMENTARY UNIONPARLIAMENTARY UNION
 
CHEMIN DU POMMIER
5
1218
 
LE
 
GRAND-SACONNEX 
 
/
 
GENEVA 
 
(
SWITZERLAND
)
TELEPHONE
 
+
 
41
 
22
 
-
 
919
 
41
 
50
 
-
 
FAX 
+
 
41
 
22
 
-
 
919
 
41
 
60
 
-
 
E
-
MAIL
postbox@mail.ipu.org
 

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