Jailings Test the ‘Culture of Dialogue’

Meach Sovannara and a supporter of the CNRP are escorted by Cambodian police officers at the Phnom Penh Municipal Court. Photo: Reuters 

Khmer Times/Pav Suy and Chea Takihiro

Tuesday, 21 July 2015

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PHNOM PENH (Khmer Times) – One year after the July 22 political accord, the government-opposition “culture of dialogue” faces a real test today after a court here gave three opposition leaders 20-year jail sentences on Tuesday for “insurrection.”

Eight other opposition figures were jailed for seven years.

Shouts of “injustice” erupted from the defendants who were quickly manacled, hustled into a police van and sent to Prey Sar prison.

Over the last year, the government has played cat and mouse with the 11 defendants, all activists with the opposition Cambodia National Rescue Party (CNRP). The most prominent is Meach Sovannara, chief spokesman for the CNRP.

The charges stemmed from the opposition’s attempt on July 14 of last year to hold a demonstration in Phnom Penh’s Freedom Park, a free speech area that had been temporarily closed. The attempted rally disintegrated into a bloody melee with about 40 people, largely security personnel, injured.

Several opposition figures were arrested, but then released after the government and the CNRP reached the July 22 deal to end the opposition boycott of the National Assembly. Over the next year, investigations continued, with the defendants in and out jail. Most recently, they got out on bail in April.

It is unclear today whether the harsh sentences signal the end of three-month-old “culture of dialogue,” or a new step in a complex chess game between Prime Minister Hun Sen and opposition leader Sam Rainsy. Only 10 days ago, the two political antagonists and their families had a seemingly amicable Saturday night group dinner at the Hotel Cambodiana.

“It’s a kind of political game of both the CPP and CNRP on society,” said Kem Ley, founder of an opposition political movement, said of the ruling Cambodia People’s Party (CPP). “They have a big family dinner. But they are just playing a practical joke on their local supporters, who have to go to jail. This political game will end the culture of dialogue.”

At the very least, Mr. Ley said, it shows that Mr. Rainsy is getting little in return for the ‘culture of dialogue.’

Not a Game

Opposition supporters do not see it as a game.

“This was a show trial with a predetermined ending, apparently set up only to intimidate the CNRP following this weekend’s events in Svay Rieng,” Naly Pilorge, director of the Licadho human rights group, said, referring to the CNRP march Sunday to a contested border post on the border of Svay Rieng province with Vietnam. “It is no coincidence that two of the three men sentenced to a ludicrous 20 years were present in Svay Rieng during the stand-off.”

Ms. Pilorge said that police moved into positions in the courtroom at Phnom Penh Municipal Court as soon as the judges retired to deliberate the verdicts. In addition to jail terms, the men were hit with fines, ranging from $2,000 to $5,000.

Government View

From the government side, officials said the opposition cannot have it both ways – calling for an independent judiciary, then asking for executive interference to free their men.

“This is the independent discretion of the judges,” Council of Ministers’ spokesman Phay Siphan said after the verdicts. “They do not get involved in politics.”

On politics, he said a court decision will not affect the ‘culture of dialogue’ of the two parties. He said: “The ‘culture of dialogue’ is separate from the court power.”

A similar view came from CPP spokesman Sok Ey San.

“That’s judicial affairs, and it’s an exclusive discretion of a legislative judge to convict who someone broke the criminal code,” he said. “It will not have a negative impact on the culture of dialogue, because the culture of dialogue cannot cover laws. I think that the CNRP leaders will understand the difference between a criminal case and a political case.”

From the other side of the political fence, an assistant to Meach Sovannara likened the verdicts to political hostage takings.

“This issue is made up to get Sam Rainsy and Kem Sokha to intervene in the issue by negotiating for a solution with Prime Minister Hun Sen,” the opposition aide said at the court, referring to the CNRP’s vice president.

Political Case

Last week, Ny Chakrya, head of human rights watchdog Adhoc, was in court himself, answering what he calls politically inspired defamation charges.

“It is a political case,” he said of the conviction of Mr. Sovannara. “Until now, the solution by politics has so far allowed him to remain on bail. 

“But in the last few days, there has been heated politics between the opposition and ruling parties,” he said, referring to efforts by the opposition to stir up the Vietnam border issue. “That’s why the court has ruled, according to the heated politics.” 

“The independence of the court is stated in the code, but the practice is different from theory,” he continued. “Our court system is not independent from politics.” 

“Cambodia should no longer use the court for political purposes, and they should promote the culture of dialogue,” he said. “To strengthen the rule of law, the parties should stop holding politicians hostage.”

(Additional reporting by Ros Chanveasna)