VZCZCXRO3103
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0273/01 1201048
ZNR UUUUU ZZH
P 301048Z APR 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 0646
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHC/DEPT OF LABOR WASHINGTON DC PRIORITY

UNCLAS SECTION 01 OF 03 PHNOM PENH 000273 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, P, D, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL KJUS CB
SUBJECT: CAMBODIA PRIME MINISTER HUN SEN AND MP MU SOCHUA 
TAKE TO THE COURTS 
 
SENSITIVE BUT UNCLASSIFIED 
 
¶1.  (SBU) Summary: On April 27, opposition lawmaker Mu Sochua 
of the Sam Rainsy Party (SRP) filed a lawsuit against Prime 
Minister Hun Sen for defamation of character.  The Prime 
Minister immediately filed countersuit against Mu and 
co-conspirators, also for defamation, which is a civil 
infraction.  Some international groups have rallied to Mu 
Sochua's cause.  Local politicians and NGO leaders have 
publicly stated the skirmish is political and should be 
removed from the courts.  Hun Sen's claim that Parliament 
might lift Mu Sochua's immunity is a serious matter and Post 
will continue to reach out to government officials to urge a 
measured approach.  End Summary. 
 
¶2.  (SBU) On April 27, a lawyer for SRP lawmaker Mu Sochua 
filed a lawsuit in the Phnom Penh Municipal Court against 
Prime Minister Hun Sen for defaming Mu Sochua,s character 
during a speech he made on April 4 in Kampot province.  Mu 
Sochua is claiming that Hun Sen used derogatory words to 
paint her as a prostitute and is thus suing for defamation of 
her character.  The complaint requests just 500 riel 
(approximately 12 cents USD) in compensation and a public 
apology from the Prime Minister.  The Prime Minister's 
attorney immediately filed countersuit against Mu Sochua and 
unnamed co-conspirators, including her lawyer, claiming that 
Mu Sochua's accusations are false, and were not made in a 
good-faith court pleading but in a public press conference. 
The Prime Minister's lawyer seeks 10 million riel in 
compensation (approximately $2,500 USD).  Defenders of the 
Prime Minister contend that his April 4 comments made no 
reference to any one individual by name. Under current law, 
defamation is a civil infraction involving a fine only. 
 
------------------------- 
(U)  Take It Out of Court 
------------------------- 
 
¶3.  (SBU) Public reaction to the filings was fast and strong. 
 Some international organizations swiftly reacted to Mu 
Sochua's strongest claims in her cause against the Prime 
Minister.  But local NGO leaders have been more measured in 
their responses.  On April 27, Kek Galabru, president of the 
human rights group LICADHO said, "I am sad; there should not 
be lawsuits.  They should work together to promote women's 
rights.  It will be a loss for the country."  Thun Saray, 
president of the human rights group ADHOC, agreed, stating 
that he believed the two opponents should resolve their 
differences outside of the courts, since it was purely a 
political matter.  He further stated that he doubted the 
courts could resolve so personal a matter.  On April 28, the 
Executive Director for the Center for Social Development, 
Theary Seng, weighed in as well, saying "politicians take the 
court as a tool and it renders the court worthless.  They 
should resolve their case out of the court." 
 
---------------------------- 
(SBU)  Getting Even Deeper 
---------------------------- 
 
¶4.  (SBU) The battle of words between the Prime Minister and 
Mu Sochua "is getting even deeper," as the Khmer-language 
Deum Ampil daily headlined the matter on April 30.  The Prime 
Minister has also filed suit against Kong Sam Onn, the lawyer 
for Mu Sochua.  During an April 29 speech at the National 
Institute of Education, Hun Sen said, "They're saying that I 
look down on a particular woman - that's ridiculous."  He 
caustically continued, "Why fight with a woman if she is 
dumb?"  He claimed that a "woman and her lawyer" had 
slandered him during their press conference, and so "how 
could I not file a complaint when I have sufficient 
evidence."  He later said, "Just because I didn't say 
anything doesn't mean I won't do anything."  (NOTE: This is a 
well-known Khmer warning.  END NOTE.) 
 
¶5.  (SBU) Since her April 24 press conference announcing her 
intent to file the lawsuit against Hun Sen, Mu Sochua has 
predicted that her parliamentary immunity would be stripped 
away, well before there was any cause to raise that concern. 
She titled her plea to some international organizations "As I 
Walk to Prison,"  claiming that "within days my parliamentary 
immunity will be lifted so the court can 'investigate' my 
case...I will be imprisoned in the notorious prison of Prey 
Sar for as long as the courts wish to take."  Despite the 
fact that the defamation charge was decriminalized a few 
years ago and is now only a civil infraction carrying a fine, 
Mu Sochua has insisted that her arrest is imminent.  She 
publicly stated that she's willing to forego her immunity in 
 
PHNOM PENH 00000273  002 OF 003 
 
 
order to proceed with her lawsuit, affirming that she would 
not flee the country.  But she has also stated several times 
that she believed if her immunity is stripped, then the 
immunity for Hun Sen must also be lifted. 
 
¶6.  (SBU) On April 29, the Prime Minister finally took the 
bait, lashing out at unnamed opponents and raising the still 
irrelevant immunity issue.  Without giving the context, the 
Prime Minister announced that stripping the immunity of other 
MPs would be "as easy as peeling a boiled banana."  In the 
same speech, Hun Sen stated that he was prepared for the 
court to request to the Ministry of Justice that Parliament 
consider lifting his own immunity.  Parliamentary action 
would require a two-thirds majority vote by the National 
Assembly, and the CPP holds 90 seats in the 123-seat body. 
But the Prime Minster continued, "I believe that not one of 
the CPP-members of the Parliament will lift a hand in a vote 
to strip my immunity."  Mu Sochua's colleague, SRP 
Parliamentarian Son Chhay, who confirmed his own 
participation in civil suits without the lifting of his 
immunity, told Poloff he was mystified by Hun Sen's remarks. 
(NOTE: This case is different from Sam Rainsy's last year. 
Then, Rainsy deliberately refused to pay a fine, which became 
a criminal matter, thus subjecting him to the lifting of his 
immunity.  END NOTE.) 
 
---------------------------- 
(SBU)  What Did Hun Sen Say? 
---------------------------- 
 
¶7.  (U) On April 4, PM Hun Sen delivered a Khmer-language 
speech in Kampot province, during which he lashed out at a 
woman from Kampot province. (SRP opposition Parliamentarian 
Mu Sochua is one of two female MP's from Kampot; the other is 
H.E. Som Kim Suor, CPP Minister of National Assembly-Senate 
Relations Inspection.)   Here's what PM Hun Sen said: 
       "...The opposition group (party) does nothing except 
use people as their tools for attacking the government.  In 
Kampot, there is a 'strong-legs'(person) who is a woman. 
       "I don't need to disclose her name because there are 
women like Som Kim Suor also. 
       "A really 'strong-legs' person...(pause) 
       "That strong person is not strong at doing anything, 
except she is strong at engaging in disputes and inciting 
trouble.  Even in the election campaign, she embraced 
someone, but said someone took off her (shirt) buttons." 
 
(NOTE:  The phrase "strong legs" is a Khmer compliment to 
soccer players and a familiar compliment among friends who 
are viewed as competent or courageous.  However, it can also 
be a slur referring to crafty, powerful enemies and in some 
contexts to street women, hustlers, and prostitutes. END 
NOTE.) 
 
---------------------- 
What Did Mu Sochua Do? 
---------------------- 
 
¶8.  (SBU) Early in the July 2008 election campaign Mu Sochua 
spotted a parked government vehicle with a CPP logo which had 
not yet entered a campaign parade.  She stood in front of the 
vehicle, grabbing the front fender, in an effort to block the 
car's departure before TV cameras could arrive.  (There are 
still photos of the event.)  When she refused to let the 
licensed vehicle lawfully depart, an occupant tried to remove 
her from in front of the vehicle; in the ensuing scuffle Mu 
Sochua's blouse came partially undone.  (Mu Sochua's version 
of events omits the portion where she was deliberately 
hampering the free movement of the vehicle.)  Ironically, her 
actions allowed that particular car to retreat and not join 
the campaign.  A daily State Television show covering the 
election campaign aired the story with the still photos. 
(COMMENT: The widely broadcast story probably resulted in 
many government resources being removed from the campaign. 
END COMMENT.) 
 
--------------------- 
What Does the Law Say? 
--------------------- 
 
¶9.  (SBU) The United Nations Transitional Authority in 
Cambodia (UNTAC) Penal Code contains Articles permitting 
charges for both defamation and disinformation.  Article 63, 
on defamation, specifies that "any bad faith allegation or 
imputation of a given fact which harms the honor or 
reputation of an individual is defamation."  The Article 
further states that an allegation, "even if it refers to a 
person who is not explicitly named but whose identity is made 
 
PHNOM PENH 00000273  003 OF 003 
 
 
evident from the defamatory speech..." is punishable under 
the Article.  (COMMENT: The CPP had previously used both the 
defamation and disinformation (Article 62) charges against 
political and media opposition. END COMMENT.)  In April 2006, 
under international and local pressure, the RGC removed the 
prison penalties for defamation convictions; however, under 
the decriminalized law, an infraction may carry a monetary 
fine, which if not paid, can result in prison time. 
 
------- 
Comment 
------- 
 
¶10.  (SBU) Despite Mu Sochua's claims, and those by some 
international organizations, we have no reason to believe 
that she is facing arrest.  The dispute is patently a civil 
case.  There is no reason in a civil case to strip her of her 
parliamentary immunity.  NGO statements are speculating on 
"what if."  That said, we cannot rule out precipitous action. 
 The Prime Minister is obviously angry about Mu Sochua's 
continued campaign against him.  However, in his 
extemporaneous remarks, it's often hard to separate Hun Sen's 
real intent from the words he uses on the spur of the moment. 
 
 
¶11.  (SBU) Hun Sen's claim that Parliament might lift Mu 
Sochua's immunity is a serious matter Post will continue to 
follow closely.  The Ambassador is initiating contact with Mu 
Sochua.  In the meantime, DCM will be speaking to Minister of 
Information Khieu Khanharith and Pol/Ec Chief is in touch 
with aides in the Prime Minister's office to urge a measured 
approach to an issue that doesn't need to be in the courts. 
We will repeat that message to other government contacts as 
the occasion arises.  End Comment. 
RODLEY