Legal experts on Wednesday dismissed a warning made by the CPP on
Tuesday that legal action could be taken against the opposition CNRP if
it did not stop saying the ruling party controls the National Election Committee (NEC).
Council of Ministers spokesman Phay Siphan said on Tuesday that the
CNRP’s insistence that the NEC was a tool of the CPP was “defamatory
rhetoric.”
But Sok Sam Oeun, executive director of the Cambodian Defenders Project, said Wednesday that the CNRP could easily defend itself against any such charges.
“Under Cambodian defamation laws, if the CNRP has just one piece of
evidence to support its claims [that the NEC manipulated the election to
favor the CPP], it would be the winner in the case,” Mr. Sam Oeun said.
“For example, if the CNRP could prove that just one NEC official was a
member of the CPP or that one member did something to help the CPP win the election, then the law would be satisfied that no defamation has been committed.”
“I think it is a very easy case for the CNRP to prove.”
The nine-member NEC has undeniable ties to the CPP. NEC President Im
Suosdey, for instance, is the brother of CPP Education Minister Im
Sothy and was once a deputy chairman of the CPP’s youth association.
Concerns over the NEC’s independence have also been voiced by the U.N. Human Rights special Rapporteur to Cambodia, Surya Subedi.
Koul Panha, executive director at the Committee for Free and Fair Elections in Cambodia, which in October plans to release a complete
report on the NEC’s composition, selection and performance, said the
appointment of NEC members is completely controlled by the ruling party.
“The selection of the NEC members goes through the Ministry of
Interior, the Council of Ministers and the Parliament. All of those
institutions are under the control of the CPP government,” he said.
“I don’t think that the CPP would take this case to court, but if
they did, with the current situation of the courts and the issues of
neutrality, the CPP would win,” he added.
Still, Adhoc president Thun Saray said that simply proving previous
links between current NEC members and the CPP would not stand as hard evidence in court.
“It may be hard to find actual proof that NEC members are instructed
by the CPP…but if we judge by their actions, [such as] the organization
of voter lists and [the NEC’s] ability or will to solve [election]
problems, we can see clearly whether they are impartial or not,” Mr.
Saray said.
Contacted Wednesday, Mr. Siphan maintained his stance.
“I am not a legal expert but I stand by my comments. I don’t need to add anything else,” he said.
2 comments:
Dumb ah Phay Siphan says shit he didn't know! Cpp =NEC=Khmer rouge Hun Sen and his clans ruling Nambodia in Hanoi's favor! What's the truth? If you speak the truth is Cpp suing as "defamations"? NEC Khmer= Cpp khmer rouge left over...;Truth shall set you free...Defamations is balooney!!!...
Yobal Khmer
ឣ្នកនយោបាយដ៏ថ្លៃថ្នូរ ក្នុងលទ្ធិប្រជាធិបតេយ្យ នៃប្រទេសជឿនលឿន មិនដែលប្តឹងផ្តល់ គូប្រឆាំង ពីគណៈបក្សប្រឆាំង ទៅតុលាការ រឿងបរិហារកេរ្តិ៍ទេ។ នេះជាលក្ខណៈកំសាក នៃឣ្នកនយោបាយ។
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