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Analysis: Judge who will decide the fate of the CNRP is a trusted member of the CPP
Op-Ed: Phnom Penh Post
Analysis: Judge who will decide the fate of the CNRP is a trusted member of the CPP
The decision to preserve or to dissolve the country’s main opposition party will fall on Thursday to a judge listed as a member of the ruling CPP’s most exclusive committee, and whose close ties to Prime Minister Hun Sen stretch back more than three decades.
Supreme Court President Dith Munty, who turns 76 today, is a member of the Cambodian People’s Party’s powerful permanent committee and was part of a trusted circle of advisers to the premier as the country rebuilt itself after the Khmer Rouge was ousted.
On Thursday, the court will consider a Ministry of Interior complaint seeking the complete dissolution of the Cambodia National Rescue Party – the country’s largest opposition party and the only legitimate electoral threat to the CPP. While the government’s accusations that the CNRP – and its leader, Kem Sokha – colluded with the US to foment “revolution” remain unproved, numerous ruling party officials, Hun Sen included, have insisted the party’s guilt is a foregone conclusion.
As presiding judge of the hearing, Munty will be directly involved in making the final call.
But in the 19 years since the Supreme Court has been under Munty’s leadership, analysts say, it has failed to establish its independence from Hun Sen and his CPP – controversially deciding, among other things, to uphold a politically tinged incitement conviction against former opposition leader Sam Rainsy in 2011, as well as a defamation conviction against senior opposition lawmaker Mu Sochua in 2010.
“You could count on one hand the number of times a high-profile judicial decision has gone against the wishes of the country’s political leaders, which says a lot,” said Chak Sopheap, the executive director of the Cambodian Center for Human Rights.
What’s more, she noted, it’s difficult to even criticise the court publicly thanks to legal provisions that make it a criminal offence to criticise a judicial decision with the aim of endangering “public order” or “an institution of the Kingdom of Cambodia”.
Sotheara Yoeurng, legal adviser at election watchdog Comfrel, said the Supreme Court’s reputation among the public and international community is particularly fraught when it comes to political cases.
“You can claim yourself to be neutral, but if the public knows you are a member of the ruling party, the public will not trust you,” Yoeurng said.
A former cadre of the Kampuchean United Front for National Salvation, which helped overthrow Pol Pot with the help of the Vietnamese in 1979, Munty rose to prominence as deputy minister of foreign affairs under Hun Sen in the early 1980s, according to Sebastian Strangio, author of Hun Sen’s Cambodia.
In 1991, Munty was one of five Cambodian leaders who travelled to France in the premier’s entourage for the signing of the Paris Peace Accords with rival faction leaders Prince Norodom Sihanouk and Khieu Samphan.
He was appointed president of the Supreme Court in 1998 and has held the position since, in spite of laws that require judges to retire at age 60.
Despite keeping a low profile compared to other officials close to Hun Sen, Munty is listed as the number 15 official on the party’s elite permanent committee and a member of the central and standing committees on the CPP’s website.
His dual role as a party leader and an ostensibly independent judge “clearly creates a conflict of interest” for himself and the Supreme Court as a whole, said Kingsley Abbott, Southeast Asia legal adviser with the International Commission of Jurists.
“At an absolute minimum, the president should recuse himself from any role in relation to the case, as should any other judge if they have a similar position within the CPP,” Abbott said.
Indeed, Munty is not alone on the Supreme Court in his ties to the ruling party.
ការបញ្ចេញឈ្មោះបុគ្គលជាសាធារណៈគឺជារំលោភនិងការគំរាមកំហែងធ្ងន់ធ្ងរ
សារពត៌មានFreshnews ដែលគេស្គាល់ថាជាបបូរមាត់របស់គណបក្សប្រជាជនកម្ពុជាកំពុងដឹកនាំរដ្ឋាភិបាល បានបញ្ចេញឈ្មោះសមាជិកគណៈកម្មាធិការអចិន្ត្រៃយ៍និងសមាជិកគណៈកម្មាធិការនាយក១១៧នាក់របស់គណបក្សសង្គ្រោះជាតិ គឺជារំលោភសិទ្ធិបុគ្គលនិងការគំរាមកំហែងធ្ងន់ធ្ងរ។ ប្រជាពលរដ្ឋកម្ពុជាទាំង១៥លាននាក់អភ័ព្វជាទីបំផុតដែលមានរដ្ឋាភិបាលអសមត្ថភាពក្នុងកិច្ចការពារសិទ្ធិឯកជននិងសុវត្ថិភាពផ្ទាល់ខ្លួនរបស់ប្រជាពលរដ្ឋម្នាក់ៗ។
រាប់ចាប់តាំងពីក្រុមសំងាត់ដែលអាចថតសំលេងសន្ទនាផ្ទាល់ខ្លួនរបស់ប្រជាពលរដ្ឋគ្រប់រូប រហូតដល់អាចទំលាយពត៌មានសំងាត់នូវជនដែលត្រូវគេប្តឹងទៅតុលាការជាសាធារណៈដូច្នេះ គឺជាការរំលោភទៅលើរដ្ឋធម្មនុញ្ញមាត្រា៣៨ ដែលនិយាយអំពីជីវិតផ្ទាល់ខ្លួន សេចក្តីថ្លៃថ្នូផ្ទាល់ខ្លួន និងការចាត់ទុកថាគ្មានទោសនៅពេលណាដែលតុលាការមិនបានកាត់ទោស ជាដើម។
ខាងក្រោមគឺមាត្រានៃរដ្ឋធម្មនុញ្ញមួយចំនួនដែលសារពត៌មាននេះបានកំពុងរំលោភបំពាន៖
ខាងក្រោមនេះគឺជាការចំលងទាំងស្រុងពីFreshnews៖
Cambodia’s opposition movement seeks US help amid crackdown
Cambodia’s opposition movement seeks US help amid crackdown
Cambodian Prime Minister Hun Sen arrives at Clark International Airport, north of Manila, Philippines Saturday, Nov. 11, 2017. Hun Sen is one of more than a dozen leaders who will be attending the 31st ASEAN Summit and Related Summits in Manila. (AP Photo/Bullit Marquez)
WASHINGTON (AP) — Cambodia’s leader is destroying a political opposition movement that threatens his three-decade grip on power and he’s accusing America of plotting his downfall. An influential opposition figure is in Washington is wondering if she’ll get any help at all.
Prime Minister Hun Sen talks about nefarious U.S. designs to unseat him, but the United States rejects that claim as baseless. Experts say his attacks are driven by a fear of losing elections next year.
Opposition leader Kem Sokha is imprisoned and his party seems likely to be dissolved this week by Cambodia’s highest court. His daughter, a spokeswoman for the Cambodia National Rescue Party, is urging President Donald Trump’s administration to act quickly and try to salvage democracy in the Southeast Asian nation.
“Hun Sen thinks the world is not paying attention and that nobody is prepared to do anything about it,” said Monovithya Kem, who wants the United States to impose sanctions on Cambodian officials complicit in the crackdown.
Monovithya said about 20 lawmakers, out of the party’s 55 in the 123-member National Assembly, have fled Cambodia since Kem Sokha was arrested Sept. 3 and charged with treason, which carries a sentence of up to 30 years in prison. Monovithya and her sister also fled, fearing arrest. The government accuses them of conspiring with the CIA.
It’s not unusual for Cambodian politicians to demonize the U.S. There’s fertile history to draw on.
U.S. secret bombing during the Vietnam War is often blamed for the rise of the Khmer Rouge, whose late 1970s genocidal rule killed one-quarter of the Cambodian population. After a Vietnamese invasion toppled the Khmer Rouge, the U.S. voted for a coalition including the former rulers to retain Cambodia’s U.N. seat instead of giving it to the Vietnam-backed government.
Since Cambodia emerged from civil war in the 1990s, however, the U.S. has been a more benign presence. Since 1991, it has provided $1.8 billion in aid for development and democracy promotion and $60 million in military assistance, U.S. government data show. Hun Sen’s eldest son was even educated at West Point.
But in recent years, the Cambodian leader’s relationship with Washington has become increasingly acrimonious. In that time, Cambodia’s reliance on nearby China, which avoids criticizing others’ human rights records, has intensified.
“U.S. influence in Cambodia is at an all-time low,” said John Sifton, Asia advocacy director for Human Rights Watch in Washington.
He said the U.S. retains some power and leverage, particularly through voting rights at the World Bank and Asian Development Bank that provide aid for the impoverished country. America also is a big market for Cambodian textiles. Still, U.S. officials aren’t sure they can change Hun Sen’s calculus.
“Authoritarians don’t give up power easily,” Sifton said. “He still has China. He still has Vietnam. He still has ASEAN members who will stand beside him.” There are 10 members in the Association of Southeast Asian Nations, whose leaders Trump was to meet at a summit in the Philippines.
Through 32 years in power, Hun Sen has mastered how to sideline political opponents. In 1997, he ousted a co-prime minister in a bloody coup. In recent years, he’s used Cambodia’s pliant judicial system.
Corruption elites and politicians have made a living at the expense of the poors Paradise Papers
Recent Paradise Papers leak is another effort to freeze dirty money laundering by corrupt people around the world. The Panama papers were primary source of worldwide campaign to freeze and stop all those money laundering and this Paradise Papers are hoped to aide more effective steps to pro-poor advocate by the groups of Investigator Journalists.
Cambodia has been seen over 300 individuals including 25 businessmen found who have used this channel to launder their dirty money in Cambodia. As noted, starting from the top leader (PM) to many of his cohorts and other patronage elites/links, are believed to vastly launder money in foreign networks especially they are found on both Panama Papers and Paradise Papers. And the world is organizing a “Black List” for those corrupted.
According to the Guardian news outlet, there are main reactions following:
Main reaction so far
Here’s a round of the key reactions so far to the first revelations in Paradise Papers:
- US Senator Bernie Sanders has has attacked the billionaires and corporations exposed by the Paradise Papers. He said they showed how they “get richer by hiding their wealth and profits and avoid paying their fair share of taxes”.
- Theresa May has refused to commit to a public register of the ownership of offshore companies and trusts. Responding to a question from the Guardian about the revelations, May said progress had already been made. She added: “We want people to pay the tax that’s due.”
- Mel Stride, the financial secretary to the Treasury, said there were many “legitimate reasons” for using offshore trusts. After being asked an urgent question by Labour on the Paradise Papers he accused the opposition of creating an inaccurate picture of all people using such trusts as being “eye-wateringly rich” or tax dodgers.
- The European Commission has called for swift action on tax evasion including a blacklist on tax havens. Pierre Moscovici, the European commissioner responsible for tax, said he was outraged but not surprised by the revelations.
- Green MEP Eva Joly, the deputy president of a European parliamentary inquiry on the Panama Papers, has demanded the UK be denied access to the European single market as part of the Brexit negotiations until it tackles tax havens. She said: “The EU must be firm in the Brexit negotiations: no access to the European single market for the UK if it continues to act as a tax haven on our doorstep.”
- Donald Trump’s commerce secretary, Wilbur Ross, has denied misleading Congress, after the papers exposed details of his interests in a company doing business with a Russian firm controlled by members of Vladimir Putin’s inner circle. He claimed the papers revealed nothing improper.
- Jeremy Corbyn has said the Queen’s tax affairs should be subject to the public inquiry his party has called for into tax avoidance. His office was earlier forced to clarify a statement from the Labour leader after he appeared to suggest the Queen should apologise after the papers revealed that part of her wealth was invested offshore. His spokesman said: “Jeremy did not call for the Queen to apologise, but said anyone who puts money into a tax haven to avoid paying tax should.”
- Republic, the campaign for an elected head of state, has called on the Queen to be honest with the public over her financial affairs.Margaret Hodge, former chair of the public accounts committee, said the Queen’s advisors had sullied the reputation of the monarchy.
- More than 700 prominent Indians have appeared in the Paradise Papers including several members of the main opposition Congress and ruling Bharatiya Janata Party (BJP). Jayanta Sinha, India’s minister of state for aviation, is the highest ranking politician to appear. He denied the activity disclosed had been conducted for personal gain.
If you are a global citizen, or at least act locally, you could join with avaaz.org to sign petition (click link) to End-Tax-Havens now.