Friday, November 20, 2015

Sam Rainsy expects a barrage of lawsuit from Hun Sen

[Image credit to Sam Rainsy's Facebook Page]
 By Khmer Wathanakam

Hun Sen's political and legal offensives against Sam Rainsy, his main rival, in the past few weeks have met with counter offensive from Sam Rainsy apparently his final political counter attack before the battle is over.  After an arrest warrant for him and his parliamentarian status was removed by the CPP's rubber stamp MPs, Sam Rainsy has no choices but to fight back for his own justice.  In his latest verbal attack though clearly unrelated  to personal attack, Sam Rainsy accused the ruling party committed a constitutional coup in stripping his parliamentary immunity and a removal of Kem Sokha from the vice president of the National Assembly.  One day after this accusation, Hun Sen's court has summoned Sam Raisy to answer question related to Hong Sok Hour forgery case, accusing Sam Rainsy of using fake document by allowing Hong Sok Hour posted the document on his Facebook Page.  Hun Sen had warned Sam Rainsy of such legal action when he visited France in late October just a couple hours before he ordered his mobs to attack two CNRP's PMs severely.  This lawsuit against Sam Rainsy is not the last one but  just the beginning of a barrage defame lawsuit against him.  Hun Sen is building more cases against Sam Rainsy when he accused Hun Sen of creating political instability in order to delay or avert the next election, and another case when Sam Rainsy recently accused Hun Sen regime had convicted King Father Sihanouk to death in 1979.  This is a pattern of political altercation between the two rivals from the past to present. In 2009, after Hun Sen's court convicted Sam Rainy to two years in prison for his uprooting the border post, Sam Rainsy had unveiled more maps indicating Vietnam had encroached more Cambodian lands.  In response, Hun Sen ordered his court to convict Sam Rainsy for falsifying documents that led to adding more jail term for Sam Rainsy total of 12 years.
Such a familiar pattern of lawsuit now has happened again.  And all such the controversial lawsuits will only be settled on political deal between the two rival parties when the political tension has cooled down in some days.  

[Sam Rainsy was welcomed from all people across the country wherever he went, image Sam Rainsy Facebook]
Now Hun Sen first tries to distract public opinions, ordering Hor Namhong to bring the old court verdict against Ram Rainsy.  Hun Sen wants the people to see the problem is solely between Hor Namhong and Sam Rainsy, and it's easier to arrest Sam Rainsy without stripping his immunity since he had already convicted, just issue an arrest warrant.  However, without Hun Sen's anger with Sam Rainsy's criticisms on his political intimidation on the opposition, this arrest warrant would not happen as Hun Sen had warned ahead, " If something happened don't blame on him."  Likewise, Hor Nam hong tried to distance himself from the arrest warrant that he and Hun Sen did not know his lawyer had brought this case up to the court [sic]. How does it happen in this world when lawyer proceeds the case without consulting his client?  Hor Namhong Vs. Sam Rainsy case is already a dead case although a royal pardon for Sam Rainsy in 2013 did not specify or cover this case, Sam Rainsy was allowed by NEC to be registered to vote, to be a member of parliament, and to be a candidate for the next election.  If Sam Raisy was still a convicted person, he would be bared from all those positions and rights by the NEC.  As usual, every time Hun Sen warns his opponents, bad incidents will happen either court summon or arrest warrant, or violent mobs against his opponents.  This is a scary tactic he has practiced for years to intimidate and to silence his main political rivals.

Now another suit came up when Sam Rainsy called the removal of Kem Sokha from the vice president of the National Assembly and stripping his parliamentarian status and immunity as a constitutional coup by the ruling party.  Despite the new lawsuit is not relevant to his accusation, it is seen as a retaliation to Rainsy' comment. Now Hun Sen seems to play magical game by bringing irrelevant suit against Sam Rainsy in order to trick national and international opinions.  When the public opinions have question Hun Sen's motivation behind the arrest warrant, Hun Sen let Hor Namhong to answer questions for him: only a matter between Hornam Hong Vs. Sam Rainsy.  Now  when Sam Rainsy accused the CPP of committed a constitutional coup, Hun Sen order his court to summon Sam Rainsy on matter of forgery by allowing Hong Sok Hour published a so-called forged document related to Cambodia-Vietnam border treaty on his Facebook.  And Sam Rainsy is more likely to face two more suits from Hun Sen, for he criticized Hun Sen of creating social and political instability in order to delay or avoid the election mandated on 2017 and 2018.  Another suit for accusing of Hun Sen regime had sentenced  King Father to death in 1979 when a Hanoi sponsored tribunal had handled death sentence to the top three Khmer Rouge leaders: Pol Pot, Hieng Sary, and Kheu Sam Phorn but King Father Sihanouk had not been named in those verdicts. This case perhaps poses another legal nightmare for Sam Rainsy if Hun Sen would bring it to court as his spokesman Sok Eysan confirmed that CPP was preparing this defamation case against Sam Sainsy too. This is the same kind of case as Sam Rainsy had fought with Hor Namhong, since there is no proof that Hun Sen regime under the Vietnamese occupation, had sentenced King Father Sihanouk to death.

Now Sam Rainsy has faced a dilemma-- to return to face an arrest warrant and fresh court summon, and possibly more lawsuits against him or to force himself in exile for awhile until political atmosphere returns to normal.  Because most of lawsuits against him are political and they can only be solved through political channel. Meanwhile, CNRP's senior delegation has requested Sam Rainsy to postpone his return indefinitely in order to wait for political solution first, they even mentioned that some friendly countries were willing to mediate between the two parties to find a political solution for Sam Rainsy's safe return in order to pave the way for free and fair election in 2017 and 2018.  Recently the UN Secretary General Ban Ki Moon has expressed his concern over political deterioration in Cambodia, and he has urged both parties to cooperate in bringing the situation back to normal.  At the same time, the US State Department has demanded Hun Sen revoke an arrest warrant, reinstate immunity for Sam Rainsy, and it also voiced concern about free and fair election in Cambodia if the political atmosphere is filled with intimidation from the ruling party.  Still there is a possible solution for Sam Rainsy's safe return, but first Hun Sen must revoke the arrest warrant, reinstate immunity, and drop all possible more lawsuits against Sam Rainsy.  In exchange, Sam Rainsy must tune down his rhetoric and speak carefully, refraining from false and baseless accusation referred to personal or historic anecdote.  Sam Rainsy should focus his criticisms on government's failed policies on numerous issues related to corruption, land concessions, illegal immigrant enforcement, border demarcation, jobs for the people, healthcare, and agriculture, and so forth.  Nonetheless, without political solution, Sam Rainsy should not return to face with a kangaroo court and to walk into a notorious prison Prey Sar.  He's better to stay in exile in order to continue political struggle from abroad while his members and supporters do from inside the country. He should not worry about some accusations, stating he is coward or afraid to face jail term.  In fact, a court system in Cambodia is too politicized and evidently being used by Hun Sen to intimidate and persecute his political opponents. Thus he should be more clever but not be fooled by those insane accusations. 

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