CAMBODIA PRIME MINISTER HUN SEN AND MP MU SOCHUA

UNCLAS SECTION 01 OF 03 PHNOM PENH 000273

SENSITIVE
SIPDIS

STATE FOR EAP/MLS, P, D, DRL

E.O. 12958: N/A
TAGS: PGOV PHUM PREL KJUS CB
SUBJECT: CAMBODIA PRIME MINISTER HUN SEN AND MP MU SOCHUA
TAKE TO THE COURTS

SENSITIVE BUT UNCLASSIFIED


1. (SBU) Summary: On April 27, opposition lawmaker Mu Sochua
of the Sam Rainsy Party (SRP) filed a lawsuit against Prime
Minister Hun Sen for defamation of character. The Prime
Minister immediately filed countersuit against Mu and
co-conspirators, also for defamation, which is a civil
infraction. Some international groups have rallied to Mu
Sochua's cause. Local politicians and NGO leaders have
publicly stated the skirmish is political and should be
removed from the courts. Hun Sen's claim that Parliament
might lift Mu Sochua's immunity is a serious matter and Post
will continue to reach out to government officials to urge a
measured approach. End Summary.


2. (SBU) On April 27, a lawyer for SRP lawmaker Mu Sochua
filed a lawsuit in the Phnom Penh Municipal Court against
Prime Minister Hun Sen for defaming Mu Sochua,s character
during a speech he made on April 4 in Kampot province. Mu
Sochua is claiming that Hun Sen used derogatory words to
paint her as a prostitute and is thus suing for defamation of
her character. The complaint requests just 500 riel
(approximately 12 cents USD) in compensation and a public
apology from the Prime Minister. The Prime Minister's
attorney immediately filed countersuit against Mu Sochua and
unnamed co-conspirators, including her lawyer, claiming that
Mu Sochua's accusations are false, and were not made in a
good-faith court pleading but in a public press conference.
The Prime Minister's lawyer seeks 10 million riel in
compensation (approximately $2,500 USD). Defenders of the
Prime Minister contend that his April 4 comments made no
reference to any one individual by name. Under current law,
defamation is a civil infraction involving a fine only.

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(U) Take It Out of Court
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3. (SBU) Public reaction to the filings was fast and strong.
Some international organizations swiftly reacted to Mu
Sochua's strongest claims in her cause against the Prime
Minister. But local NGO leaders have been more measured in
their responses. On April 27, Kek Galabru, president of the
human rights group LICADHO said, "I am sad; there should not
be lawsuits. They should work together to promote women's
rights. It will be a loss for the country." Thun Saray,
president of the human rights group ADHOC, agreed, stating
that he believed the two opponents should resolve their
differences outside of the courts, since it was purely a
political matter. He further stated that he doubted the
courts could resolve so personal a matter. On April 28, the
Executive Director for the Center for Social Development,
Theary Seng, weighed in as well, saying "politicians take the
court as a tool and it renders the court worthless. They
should resolve their case out of the court."

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(SBU) Getting Even Deeper
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4. (SBU) The battle of words between the Prime Minister and
Mu Sochua "is getting even deeper," as the Khmer-language
Deum Ampil daily headlined the matter on April 30. The Prime
Minister has also filed suit against Kong Sam Onn, the lawyer
for Mu Sochua. During an April 29 speech at the National
Institute of Education, Hun Sen said, "They're saying that I
look down on a particular woman - that's ridiculous." He
caustically continued, "Why fight with a woman if she is
dumb?" He claimed that a "woman and her lawyer" had
slandered him during their press conference, and so "how
could I not file a complaint when I have sufficient
evidence." He later said, "Just because I didn't say
anything doesn't mean I won't do anything." (NOTE: This is a
well-known Khmer warning. END NOTE.)


5. (SBU) Since her April 24 press conference announcing her
intent to file the lawsuit against Hun Sen, Mu Sochua has
predicted that her parliamentary immunity would be stripped
away, well before there was any cause to raise that concern.
She titled her plea to some international organizations "As I
Walk to Prison," claiming that "within days my parliamentary
immunity will be lifted so the court can 'investigate' my
case...I will be imprisoned in the notorious prison of Prey
Sar for as long as the courts wish to take." Despite the
fact that the defamation charge was decriminalized a few
years ago and is now only a civil infraction carrying a fine,
Mu Sochua has insisted that her arrest is imminent. She
publicly stated that she's willing to forego her immunity in

PHNOM PENH 00000273 002 OF 003


order to proceed with her lawsuit, affirming that she would
not flee the country. But she has also stated several times
that she believed if her immunity is stripped, then the
immunity for Hun Sen must also be lifted.


6. (SBU) On April 29, the Prime Minister finally took the
bait, lashing out at unnamed opponents and raising the still
irrelevant immunity issue. Without giving the context, the
Prime Minister announced that stripping the immunity of other
MPs would be "as easy as peeling a boiled banana." In the
same speech, Hun Sen stated that he was prepared for the
court to request to the Ministry of Justice that Parliament
consider lifting his own immunity. Parliamentary action
would require a two-thirds majority vote by the National
Assembly, and the CPP holds 90 seats in the 123-seat body.
But the Prime Minster continued, "I believe that not one of
the CPP-members of the Parliament will lift a hand in a vote
to strip my immunity." Mu Sochua's colleague, SRP
Parliamentarian Son Chhay, who confirmed his own
participation in civil suits without the lifting of his
immunity, told Poloff he was mystified by Hun Sen's remarks.
(NOTE: This case is different from Sam Rainsy's last year.
Then, Rainsy deliberately refused to pay a fine, which became
a criminal matter, thus subjecting him to the lifting of his
immunity. END NOTE.)

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(SBU) What Did Hun Sen Say?
--------------


7. (U) On April 4, PM Hun Sen delivered a Khmer-language
speech in Kampot province, during which he lashed out at a
woman from Kampot province. (SRP opposition Parliamentarian
Mu Sochua is one of two female MP's from Kampot; the other is
H.E. Som Kim Suor, CPP Minister of National Assembly-Senate
Relations Inspection.) Here's what PM Hun Sen said:
"...The opposition group (party) does nothing except
use people as their tools for attacking the government. In
Kampot, there is a 'strong-legs'(person) who is a woman.
"I don't need to disclose her name because there are
women like Som Kim Suor also.
"A really 'strong-legs' person...(pause)
"That strong person is not strong at doing anything,
except she is strong at engaging in disputes and inciting
trouble. Even in the election campaign, she embraced
someone, but said someone took off her (shirt) buttons."

(NOTE: The phrase "strong legs" is a Khmer compliment to
soccer players and a familiar compliment among friends who
are viewed as competent or courageous. However, it can also
be a slur referring to crafty, powerful enemies and in some
contexts to street women, hustlers, and prostitutes. END
NOTE.)

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What Did Mu Sochua Do?
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8. (SBU) Early in the July 2008 election campaign Mu Sochua
spotted a parked government vehicle with a CPP logo which had
not yet entered a campaign parade. She stood in front of the
vehicle, grabbing the front fender, in an effort to block the
car's departure before TV cameras could arrive. (There are
still photos of the event.) When she refused to let the
licensed vehicle lawfully depart, an occupant tried to remove
her from in front of the vehicle; in the ensuing scuffle Mu
Sochua's blouse came partially undone. (Mu Sochua's version
of events omits the portion where she was deliberately
hampering the free movement of the vehicle.) Ironically, her
actions allowed that particular car to retreat and not join
the campaign. A daily State Television show covering the
election campaign aired the story with the still photos.
(COMMENT: The widely broadcast story probably resulted in
many government resources being removed from the campaign.
END COMMENT.)

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What Does the Law Say?
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9. (SBU) The United Nations Transitional Authority in
Cambodia (UNTAC) Penal Code contains Articles permitting
charges for both defamation and disinformation. Article 63,
on defamation, specifies that "any bad faith allegation or
imputation of a given fact which harms the honor or
reputation of an individual is defamation." The Article
further states that an allegation, "even if it refers to a
person who is not explicitly named but whose identity is made

PHNOM PENH 00000273 003 OF 003


evident from the defamatory speech..." is punishable under
the Article. (COMMENT: The CPP had previously used both the
defamation and disinformation (Article 62) charges against
political and media opposition. END COMMENT.) In April 2006,
under international and local pressure, the RGC removed the
prison penalties for defamation convictions; however, under
the decriminalized law, an infraction may carry a monetary
fine, which if not paid, can result in prison time.

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Comment
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10. (SBU) Despite Mu Sochua's claims, and those by some
international organizations, we have no reason to believe
that she is facing arrest. The dispute is patently a civil
case. There is no reason in a civil case to strip her of her
parliamentary immunity. NGO statements are speculating on
"what if." That said, we cannot rule out precipitous action.
The Prime Minister is obviously angry about Mu Sochua's
continued campaign against him. However, in his
extemporaneous remarks, it's often hard to separate Hun Sen's
real intent from the words he uses on the spur of the moment.



11. (SBU) Hun Sen's claim that Parliament might lift Mu
Sochua's immunity is a serious matter Post will continue to
follow closely. The Ambassador is initiating contact with Mu
Sochua. In the meantime, DCM will be speaking to Minister of
Information Khieu Khanharith and Pol/Ec Chief is in touch
with aides in the Prime Minister's office to urge a measured
approach to an issue that doesn't need to be in the courts.
We will repeat that message to other government contacts as
the occasion arises. End Comment.
RODLEY