VZCZCXRO2283
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0499/01 1701236
ZNR UUUUU ZZH
O 181236Z JUN 08
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHINGTON DC IMMEDIATE
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 PHNOM PENH 000499 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, EAP/P, P, D, H 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL KJUS KPAO CB
SUBJECT: THREAT TO SAM RAINSY'S PARLIAMENTARY IMMUNITY 
SEEMINGLY GOING NOWHERE; CPP IN APPARENT RETREAT 
 
REF: A. PHNOM PENH 495 
     ¶B. PHNOM PENH 399 
 
SENSITIVE BUT UNCLASSIFIED.  NOT FOR INTERNET DISSEMINATION. 
 
 
¶1.  (SBU)  SUMMARY:  A bid by the prosecution in the Sam 
Rainsy defamation/disinformation case to lift Sam Rainsy's 
parliamentary immunity has been rejected in yet another 
rebuff to a court seemingly out of control. The court's 
request submitted June 16 through the Ministry of Justice to 
National Assembly (NA) President Heng Samrin to consider 
stripping Rainsy's immunity failed to take into account that 
the third term of parliament was officially declared closed, 
lawmakers confirm.  Heng Samrin told Radio Free Asia June 18 
that he could take no action in the 12-member NA Permanent 
Committee to strip immunity and that only a proclamation by 
the Prime Minister or King could open an extraordinary 
session of parliament to do so.  Sam Rainsy Party (SRP) 
parliamentarian Son Chhay, a member of the NA permanent 
committee, does not expect this request to go forward because 
it "makes the CPP look stupid" but Son Chhay notes the case 
will have to be dealt with after the election.  On the 
Cambodian holiday, Ambassador sought meetings with Cambodian 
officials to relay our concern about this apparent form of 
harassment and also met with Sam Rainsy.  In the meantime, 
Hun Sen made some conciliatory remarks June 18 that some in 
SRP found reassuring.  Embassy responded to press queries 
with a strong statement against the criminalization of 
defamation (see para 6), noting the legal controversy risked 
poisoning the political atmosphere, and calling on all 
parties to exhibit calm.  END SUMMARY. 
 
Request to Lift Immunity 
------------------------ 
 
¶2.  (SBU)  The one-page document requesting Rainsy's immunity 
be lifted went through the Ministry of Justice and arrived at 
the National Assembly June 16, according to SRP sources who 
provided Embassy a copy June 17.  The request refers to the 
criminal case against Rainsy on charges of disinformation 
regarding statements he made about Hor Namhong on April 17 
(Ref B).  (NOTE:  While defamation was decriminalized in 
2006, the criminal disinformation measure is a holdover from 
the UNTAC era when it was a tool to defend against the armed 
Khmer Rouge insurgency's propaganda machine. END NOTE.)  The 
request specifically cites Article 80 of the Cambodian 
constitution on parliamentary immunity, which stipulates when 
an MP can be prosecuted, detained, or arrested.  The one-page 
document notes that Sam Rainsy labeled Hor Namhong the 
director of the Boeung Trabek re-education camp of the Khmer 
Rouge and that he took "strong measures" against the 
prisoners. (COMMENT: Readers would interpret that to mean the 
prisoners were sent to their deaths.  END COMMENT.) 
 
¶3.  (SBU)  Embassy June 18 relayed a diplomatic note to the 
MFA seeking a meeting for the Ambassador with Heng Samrin to 
seek a fuller explanation of the extraordinary measures being 
taken against Rainsy.  Post also contacted a Hun Sen aide to 
inquire about the apparent politicization of the court case. 
(NOTE:  Rainsy had earlier indicated that his lawyer had 
arranged a delay of the civil and criminal cases until a 
later date and seemed puzzled by the action which Rainsy said 
was coming directly from Hor Namhong.  END NOTE.) 
 
¶4.  (SBU)  Late in the day, Embassy learned from an RFA 
source that Heng Samrin gave an interview clearly stating 
that he could take no action on the request as the NA 
president and chairman of the NA Permanent Committee because 
the third mandate of the NA (2003-2008) was officially 
closed.  Only the Prime Minister or  King could call an 
extraordinary session of the National Assembly and have the 
entire body consider the request, Heng Samrin confirmed.  SRP 
MP Son Chhay told us afterwards that he viewed this 
development in a positive light.  Son Chhay, like Rainsy, 
believes the court's actions are emanating from direct 
pressure by Hor Namhong.  He said that the CPP would now 
"turn to other things" to oppose SRP because this "made them 
look stupid."  He also noted that in a speech in Pursat June 
18, Hun Sen also seemed to be moving away from unfair attacks 
against SRP and this might be a sign CPP was backing away 
from its aggressive tactics, which were provoking an 
international reaction.  (NOTE:  We understand an EU observer 
team will give remarks tomorrow in Phnom Penh on the 
pre-election climate.  END NOTE.) 
 
¶5.  (SBU)  COMMENT:  We believe that Hor Namhong is on a 
personal mission to save his legacy and that he does not feel 
restrained by CPP to accomplish that end.  Nonetheless, CPP 
 
PHNOM PENH 00000499  002 OF 002 
 
 
comrades have allowed him some leeway in trying to pressure 
Rainsy into a public apology or retraction.  While this 
latter course might be best for all, we cannot be certain 
Rainsy could manage an apology and satisfy Khmer voters.  END 
COMMENT. 
 
¶6.  (SBU)  Following is the full text of an Embassy response 
to press inquiries on the proposal to strip Sam Rainsy's 
immunity: 
 
BEGIN TEXT: 
 
We applaud the release of Moneasekar Khmer editor Dam Sith as 
we believe that his continuing incarceration could have 
tarnished Cambodia's image internationally. 
 
We regret that a legal controversy on the eve of this 
election period risks poisoning the open political atmosphere 
necessary for a fully democratic election process. 
 
We understand that the plaintiff has won similar suits on 
similar allegations in the past, and we certainly understand 
his desire to vindicate his personal honor and his family 
name. 
 
But as Ambassador Mussomeli has said before, "criminal 
disinformation suits brought by high government officials are 
anathema to a democratic system.  Being in the public eye and 
being subjected to sometimes unfair criticisms is the price 
one pays as a senior public servant." 
 
To avoid the appearance of harassment during a politically 
charged period, it would be better if the parties could agree 
to proceed with the civil suit at a more appropriate time, or 
resolve it in a collegial manner outside the court system. 
 
With only a week to go before the election campaign season, 
this is a time for calm, considered reflection. 
 
END TEXT 
MUSSOMELI