CACJE letter to Mr. Heng Samrin regarding the case of Ms. Mu Sochua vs. Mr. Hun Sen

Cambodian Action Committee for Justice & Equity (CACJE)
No: 3 Fountain Ave. Cranston RI, 02920 Web: www.cacje.net, Email: cacjepress9@gmail.com
“CACJE is an Alliance for People Power, Promote Social Justice & Support Human Equity”

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No: 0048/CACJE

April 27, 2009

TO Mr. HENG SAMRIN, President of the National Assembly of Cambodia,

SUBJECT: Conflict between Mrs. MU SOCHUA, National Assembly representative in Kampot province and Mr. HUN SEN, National Assembly representative in Kandal province and Prime Minister of Cambodia.

REFERENCE:

1. The Article 31 of the Constitution of the Kingdom of Cambodia relative to the Rights and Obligation of Khmer Citizens and the Article 80 relative to the parliamentary immunity,
2. The article 4 & 5 of the By Law regulation of Parliamentary Members, and
3. The article 4 of the internal regulations (NEW) relative to rank and special privileges of representative.

Cambodian Action Committee for Justice & Equity (CACJE) believes that in order to guarantee fundamental fairness, in other words, to have the equal rights before the laws and especially to assure that the powerful one as plaintiff or defendant would not use and abuse his/her power to dictate the court, the powerful one must not benefit from the court special treatment, or special parliamentary immunity. The Government must respect the due process.

For this purpose, CACJE proposes to Mr. HENG SAMRIN, President of National Assembly, to call the Standing Committee of the National Assembly to suspend the function of Prime Minister of Mr. HUN SEN and to withdraw the parliamentary immunity of Mr. HUN SEN because of his role of defendant in the lawsuit “Mrs. MU SOCHUA versus Mr. HUN SEN” during the trial period. To be fair, Mrs. MU SOCHUA and Mr. HUN SEN ought to be on the same footing, that means, their parliamentary immunity should be withdrawn in due process if the court requires the withdrawal of their immunity.

During the past years, it must be noted that in any conflicts between the opponent parties and the government, always, the opponents, and the have-not power had their parliamentary immunity withdrawn and were thrown in court to satisfy the avid arrogance of the rulers, in complete violation of laws.

The government violated the laws. The victims of the government were Mr. SAM RAINGSY, Mr. CHEAM CHANNY, Mr. CHEA POCH, and Mrs. MU SOCHUA. They were all opponent members and have-no power.

In 2008, Mrs. MU SOCHUA was publicly victim in front of the electors of sexual harassment by the abuser Mr. SANN SMANN, a CPP member and government officer during her electoral campaign in Kampot province. To these days, SANN SMANN lives free, and unpunished.

Mrs. MU SOCHUA was also victim of defamation audiovisual public that stated on 4th April 2009 by Mr. HUN SEN.

For the above reason, in order to defend the honor of the National Assembly, and to render justice to the victims, the National Assembly, if necessary, must in due process withdraw simultaneously the parliamentary immunity of Mr. HUN SEN and Mrs. MU SOCHUA.

The National Assembly must NOT withdraw ONLY Mrs. MU’s parliamentary immunity.

Signed
SOURN SEREY RATHA
Chief Mission

Copy To:

1. Inter-Parliamentray Union (IPU)
2. Asian Inter-Parliamentray Assembly (AIPA)
3. Asia Pacific Parliamentray Forum (APPF)
4. Asia Forum of Parliamentraian on Poppulation & Development (AFPPD)