PROVINCIAL COURT SETS SAM RAINSY TRIAL DATE

UNCLAS PHNOM PENH 000016 SENSITIVE SIPDIS STATE FOR EAP/MLS, DRL E.O. 12958: N/A TAGS: PGOV PREL PHUM KTIA KJUS CB SUBJECT: PROVINCIAL COURT SETS SAM RAINSY TRIAL DATE REF: PHNOM PENH 949 ¶1. (SBU) Summary: The Svay Rieng Provincial Court announced on January 8 that it will try opposition party leader Sam Rainsy on January 27. Rainsy, currently in France, did not appear on December 28 as summoned to answer questions before the court on charges of public destruction of property and incitement, and does not plan to attend the January 27 hearing. End Summary. ¶2. (SBU) Rainsy faces two charges: public destruction of property and incitement to discrimination. The property destruction charge, Article 52 under the United Nations Transitional Authority in Cambodia (UNTAC) penal code carries a possible prison sentence of one to three years, although the law specifies that if the damaged property is of little monetary value, the prison sentence could be lowered to between two months and one year. The incitement charge (UNTAC Article 61) carries a possible prison term of one month to one year and a possible fine of one million to ten million riels (USD 250-2,500). ¶3. (SBU) Three others, in addition to Rainsy, are evading summonses related to this incident; two more defendants are in pre-trial detention. Previously, Rainsy stated he would return for questioning and trial only if the government declared innocent all of the other individuals involved in the incident and agreed to return the disputed land to the villagers. The villagers claim that Cambodian and Vietnamese officials encroached on the villagers' private land when demarcating the border. After Rainsy failed to appear for questioning as summoned, the court issued a warrant for his arrest on December 29. ¶4. (SBU) Although video of the incident shows Rainsy did not personally remove the temporary wooden place-locators that mark the cement border marker 185 (which remains extant in its original location),he continues to claim responsibility for the act as a symbolic political gesture. Tioulong Saumura, Member of Parliament, a Sam Rainsy Standing Committee member, and Rainsy's spouse, told Pol/Econ Chief that Rainsy will not return to Cambodia for the January 27 hearing because "he will be more effective out of jail in France than in jail in Cambodia." If convicted, Rainsy may lose his parliamentary seat, according to Article 14 of the Law on the Status of National Assembly Members. Sam Rainsy Party members continue their efforts to appeal to the King for a royal pardon for Rainsy's actions. ALLEGRA