Identifier
Created
Classification
Origin
09PHNOMPENH413
2009-06-22 09:42:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Phnom Penh
Cable title:  

NATIONAL ASSEMBLY SUSPENDS MU SOCHUA'S IMMUNITY;

Tags:  PGOV PHUM PREL KJUS CB 
pdf how-to read a cable
VZCZCXRO5552
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0413/01 1730942
ZNR UUUUU ZZH
O 220942Z JUN 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0846
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
UNCLAS SECTION 01 OF 03 PHNOM PENH 000413 

SENSITIVE
SIPDIS

STATE FOR EAP/MLS, P, D, DRL

E.O. 12958: N/A
TAGS: PGOV PHUM PREL KJUS CB
SUBJECT: NATIONAL ASSEMBLY SUSPENDS MU SOCHUA'S IMMUNITY;
OBSERVERS DENIED ENTRY TO SESSION

REF: PHNOM PENH 387

SENSITIVE BUT UNCLASSIFIED

UNCLAS SECTION 01 OF 03 PHNOM PENH 000413

SENSITIVE
SIPDIS

STATE FOR EAP/MLS, P, D, DRL

E.O. 12958: N/A
TAGS: PGOV PHUM PREL KJUS CB
SUBJECT: NATIONAL ASSEMBLY SUSPENDS MU SOCHUA'S IMMUNITY;
OBSERVERS DENIED ENTRY TO SESSION

REF: PHNOM PENH 387

SENSITIVE BUT UNCLASSIFIED


1. (SBU) SUMMARY: The Cambodian National Assembly voted on
June 22 to suspend the parliamentary immunity of Sam Rainsy
Party (SRP) MP Mu Sochua, clearing the way for her to be
questioned and possibly prosecuted for defamation under the
complaint by Prime Minister Hun Sen. Security guards blocked
all access to the observer gallery, where diplomats, press,
and civil society can usually watch sessions underway.
Diplomats from several embassies were denied entry to the
National Assembly building, despite having observer passes
and having requested permission to attend from the
Secretary-General of the National Assembly. Without warning,
the National Assembly also suspended the parliamentary
immunity for another SRP lawmaker, Ho Vann, during the
morning's first session. Mu plans to depart Cambodia the
evening of June 22 for a previously scheduled speaking
engagement in the U.S. She has made public her intent to
return July 6. The Embassy will monitor her departure at the
airport. END SUMMARY.

--------------
Suspension of Immunity
--------------


2. (SBU) On the morning of June 22, the National Assembly
voted to suspend the immunity of SRP lawmakers Mu Sochua and
Ho Vann. In a session closed to observers, all Cambodian
People's Party members, plus one FUNCINPEC and two Norodom
Ranariddh Party members, voted first to add the issue of Ho
Vann's immunity to the agenda, and then to vote by show of
hands on the suspension of immunity for both SRP lawmakers.
At that point, all SRP members walked out of the session.
The vote continued without them, with the Assembly voting to
suspend the immunity of both lawmakers. National Assembly
spokesperson Cheam Yeap stated that there were 90 votes in
favor of lifting Mu Sochua's immunity (87 CPP, 1 FUNCINPEC, 2
NRP),and 91 votes in favor of lifting Ho Vann's immunity (88
CPP, 1 FUNCINPEC, 2 NRP). There were no votes against either
motion. Cheam Yeap made this statement to the media, but
would not take questions.


3. (SBU) The Prime Minister did not attend the June 22
session - he was presiding over provincial inauguration
ceremonies in Kandal province. Following the votes, Hun Sen

commented publicly on the vote tallies, and warned that there
should be no "chaotic" foreign interference in the issue of
suspension of parliamentary immunity. One FUNCINPEC MP
present at the National Assembly session told us that the
Prime Minister was calling the Secretary-General of the
National Assembly every three minutes for an update on the
voting during the morning session.


4. (SBU) As the vote played out inside, diplomats from four
foreign missions attempted to gain access to the observation
gallery of the National Assembly. Per usual policy, the
officers all had observer passes granted by the National
Assembly, and several, including the AmEmbassy, had sent
letters to the Secretary-General requesting permission to
attend the June 22 session. Despite this, security guards
barred entry to the building. Upon further questioning, one
guard admitted to Poloff that the Secretary-General ordered
guards to block access to the building by any outsiders,
including press, civil society, or members of the diplomatic
corps. A small group of senior diplomats from the American,
French, and British Embassies, along with the German
Ambassador, negotiated with the guards at the gate sometime
later, but were still denied access to the building.


5. (SBU) Nanda Pok, executive director of the NGO Women for
Prosperity, told Poloff that she obtained an observer pass to
attend the session from the Committee for Free and Fair
Elections in Cambodia (COMFREL),which keeps a standing list
of observers for the National Assembly. She arrived around
7:45 a.m., entering the National Assembly building in
conversation with a lawmaker, and was able to stand outside
the Assembly chamber during her conversation. When the
lawmaker went inside the chamber, Ms. Pok attempted to climb
the stairs to the observer gallery, but guards asked her to
return outside and would not let her enter further. She said
when she pressed for an explanation, the guards were very
polite, but begged her to go back outside because they had
been instructed to keep outsiders away from the session.

--------------
Gloves Are Off
--------------

PHNOM PENH 00000413 002.6 OF 003




6. (SBU) Contradicting the RGC's strategy up until now, the
Prime Minister's defamation complaint against Mu Sochua
accelerated rapidly and publicly in recent days. On June 15,
The Permanent Committee of the National Assembly discussed
the procedure for suspending Mu's immunity, and then added
the issue to the June 22 agenda, the first full National
Assembly session after its summer recess. On June 17, the
Prime Minister publicly lashed out at Mu. On June 18, the
National Assembly announced it would move up consideration of
Mu's immunity to the June 19 agenda - but another agenda item
took all available time; it became the first agenda item for
consideration on the June 22 agenda. While several
international and civil society observers were present on
June 19, and international interest in the case is well
known, there was no announcement made that the June 22
session would be closed to observers.


7. (SBU) In his June 17 speech to graduates of the Royal
School of Administration in Phnom Penh, Hun Sen said lifting
parliamentary immunity was a fairly easy thing, but restoring
it might be impossible. Both actions require a two-thirds
majority vote of the National Assembly, which the Prime
Minister controls through the CPP's dominating presence in
the legislative body. Hun Sen declared that some CPP
lawmakers had already said they would not vote to restore
Mu's immunity, regardless of the resolution of the defamation
complaint in court. He suggested the SRP replace Mu with a
new person.


8. (SBU) Following the vote on June 22, Sam Rainsy issued a
statement saying the SRP would not replace Mu Sochua, and
that her seat would remain hers through the end of her legal
term. He said that replacing her "would be like politically
burying her alive and complying with Hun Sen's insane
desire."

--------------
Ho Vann
--------------


9. (SBU) Ho Vann has been the subject of another among the
recent spate of defamation and disinformation lawsuits filed
in Cambodia. The lawmaker reportedly reacted to the
announcement that a group of 22 RCAF officers had received
honorary degrees from a Vietnamese military college by
calling the degrees "worthless." Almost immediately
thereafter, Ho Vann published a clarification in several
daily newspapers, claiming that he had been misquoted and
that he believed the degrees did have value if the officers
combined their military-science training with moral training.
But the Government filed a defamation and disinformation
lawsuit against him on behalf of the RCAF officers anyway.
Ho Vann appeared in court on June 5 to explain his version of
events to the case prosecutor, and on June 11 his lawyer (who
is also Mu Sochua's lawyer) announced that they were meeting
with the prosecutor to "fix the misunderstanding."


10. (SBU) It came as a shock to Ho Vann when the National
Assembly added his case to the agenda and then stripped his
parliamentary immunity on June 22. The SRP lawmakers who
walked out of the National Assembly session held an impromptu
press gathering on the street outside, wearing medical face
masks with large, black Xs printed over their mouths. Ho
Vann said that he received no advance notification that his
case was to be considered during the Assembly session, and
said he was very surprised. Another SRP member complained
the CPP "acted in s ecret" to move against Ho Vann.

--------------
COMMENT
--------------


11. (SBU) According to some lawmakers, there was hope that
the voting on the immunity questions would be done by secret
ballot, so that those inclined to dissent would be able to do
so privately. With the decision to vote by show of hands,
that hope disappeared. The final vote tallies reflect the
lack of autonomy for individual Members of Parliament. Post
is particularly concerned about Ho Vann's case because with
military plaintiffs, Ho Vann could be detained by military
police rather than civilian police. The last SRP lawmaker
held in military prison, Cheam Channy, was reportedly held in
harsh conditions during his imprisonment. Mu Sochua is
scheduled to depart Phnom Penh the night of June 22 for a
previously scheduled speaking engagement in the U.S. She is
an American citizen; the Embassy intends to monitor from a
distance her departure at the airport to mitigate any
problems that may arise as a result of today's actions.

PHNOM PENH 00000413 003 OF 003


RODLEY