THREAT TO SAM RAINSY'S PARLIAMENTARY IMMUNITY

UNCLAS SECTION 01 OF 02 PHNOM PENH 000499 SENSITIVE SIPDIS STATE FOR EAP/MLS, EAP/P, P, D, H E.O. 12958: N/A TAGS: PGOV PHUM PREL KJUS KPAO CB SUBJECT: THREAT TO SAM RAINSY'S PARLIAMENTARY IMMUNITY SEEMINGLY GOING NOWHERE; CPP IN APPARENT RETREAT REF: A. PHNOM PENH 495 ¶B. PHNOM PENH 399 SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISSEMINATION. ¶1. (SBU) SUMMARY: A bid by the prosecution in the Sam Rainsy defamation/disinformation case to lift Sam Rainsy's parliamentary immunity has been rejected in yet another rebuff to a court seemingly out of control. The court's request submitted June 16 through the Ministry of Justice to National Assembly (NA) President Heng Samrin to consider stripping Rainsy's immunity failed to take into account that the third term of parliament was officially declared closed, lawmakers confirm. Heng Samrin told Radio Free Asia June 18 that he could take no action in the 12-member NA Permanent Committee to strip immunity and that only a proclamation by the Prime Minister or King could open an extraordinary session of parliament to do so. Sam Rainsy Party (SRP) parliamentarian Son Chhay, a member of the NA permanent committee, does not expect this request to go forward because it "makes the CPP look stupid" but Son Chhay notes the case will have to be dealt with after the election. On the Cambodian holiday, Ambassador sought meetings with Cambodian officials to relay our concern about this apparent form of harassment and also met with Sam Rainsy. In the meantime, Hun Sen made some conciliatory remarks June 18 that some in SRP found reassuring. Embassy responded to press queries with a strong statement against the criminalization of defamation (see para 6),noting the legal controversy risked poisoning the political atmosphere, and calling on all parties to exhibit calm. END SUMMARY. Request to Lift Immunity -------------- ¶2. (SBU) The one-page document requesting Rainsy's immunity be lifted went through the Ministry of Justice and arrived at the National Assembly June 16, according to SRP sources who provided Embassy a copy June 17. The request refers to the criminal case against Rainsy on charges of disinformation regarding statements he made about Hor Namhong on April 17 (Ref B). (NOTE: While defamation was decriminalized in 2006, the criminal disinformation measure is a holdover from the UNTAC era when it was a tool to defend against the armed Khmer Rouge insurgency's propaganda machine. END NOTE.) The request specifically cites Article 80 of the Cambodian constitution on parliamentary immunity, which stipulates when an MP can be prosecuted, detained, or arrested. The one-page document notes that Sam Rainsy labeled Hor Namhong the director of the Boeung Trabek re-education camp of the Khmer Rouge and that he took "strong measures" against the prisoners. (COMMENT: Readers would interpret that to mean the prisoners were sent to their deaths. END COMMENT.) ¶3. (SBU) Embassy June 18 relayed a diplomatic note to the MFA seeking a meeting for the Ambassador with Heng Samrin to seek a fuller explanation of the extraordinary measures being taken against Rainsy. Post also contacted a Hun Sen aide to inquire about the apparent politicization of the court case. (NOTE: Rainsy had earlier indicated that his lawyer had arranged a delay of the civil and criminal cases until a later date and seemed puzzled by the action which Rainsy said was coming directly from Hor Namhong. END NOTE.) ¶4. (SBU) Late in the day, Embassy learned from an RFA source that Heng Samrin gave an interview clearly stating that he could take no action on the request as the NA president and chairman of the NA Permanent Committee because the third mandate of the NA (2003-2008) was officially closed. Only the Prime Minister or King could call an extraordinary session of the National Assembly and have the entire body consider the request, Heng Samrin confirmed. SRP MP Son Chhay told us afterwards that he viewed this development in a positive light. Son Chhay, like Rainsy, believes the court's actions are emanating from direct pressure by Hor Namhong. He said that the CPP would now "turn to other things" to oppose SRP because this "made them look stupid." He also noted that in a speech in Pursat June 18, Hun Sen also seemed to be moving away from unfair attacks against SRP and this might be a sign CPP was backing away from its aggressive tactics, which were provoking an international reaction. (NOTE: We understand an EU observer team will give remarks tomorrow in Phnom Penh on the pre-election climate. END NOTE.) ¶5. (SBU) COMMENT: We believe that Hor Namhong is on a personal mission to save his legacy and that he does not feel restrained by CPP to accomplish that end. Nonetheless, CPP PHNOM PENH 00000499 002 OF 002 comrades have allowed him some leeway in trying to pressure Rainsy into a public apology or retraction. While this latter course might be best for all, we cannot be certain Rainsy could manage an apology and satisfy Khmer voters. END COMMENT. ¶6. (SBU) Following is the full text of an Embassy response to press inquiries on the proposal to strip Sam Rainsy's immunity: BEGIN TEXT: We applaud the release of Moneasekar Khmer editor Dam Sith as we believe that his continuing incarceration could have tarnished Cambodia's image internationally. We regret that a legal controversy on the eve of this election period risks poisoning the open political atmosphere necessary for a fully democratic election process. We understand that the plaintiff has won similar suits on similar allegations in the past, and we certainly understand his desire to vindicate his personal honor and his family name. But as Ambassador Mussomeli has said before, "criminal disinformation suits brought by high government officials are anathema to a democratic system. Being in the public eye and being subjected to sometimes unfair criticisms is the price one pays as a senior public servant." To avoid the appearance of harassment during a politically charged period, it would be better if the parties could agree to proceed with the civil suit at a more appropriate time, or resolve it in a collegial manner outside the court system. With only a week to go before the election campaign season, this is a time for calm, considered reflection. END TEXT MUSSOMELI