VZCZCXRO7725
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0492/01 1961024
ZNY CCCCC ZZH
O 151024Z JUL 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHINGTON DC IMMEDIATE
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000492 
 
SIPDIS 
 
STATE FOR EAP/MLS, P, D, DRL 
 
E.O. 12958: DECL: 07/14/2019 
TAGS: PGOV PHUM PREL KJUS CB
SUBJECT: MU SOCHUA TO DEFEND HERSELF AT DEFAMATION HEARING 
 
REF: A. PHNOM PENH 469 
     ¶B. PHNOM PENH 413 AND PREVIOUS 
 
Classified By: AMBASSADOR CAROL A. RODLEY FOR REASONS 1.4 (B, D) 
 
¶1. (C) SUMMARY: In a June 14 meeting with the Ambassador, Mu 
Sochua discussed the impending defamation trial, her long 
term goals should her immunity be reinstated, and a potential 
U.S. Congressional hearing on human rights in Cambodia. 
Claiming that she does not want to put another lawyer at 
risk, Mu Sochua stated that she will represent herself at the 
July 24 hearing.  However, she is willing to accept whatever 
verdict is handed down, and will not appeal.  Instead, she 
will focus on recovering her immunity so that she can better 
help her constituents and the Cambodian people.  The 
Ambassador assured continued embassy support to include 
engagement with the ruling Cambodian People's Party (CPP) on 
issues of freedom of speech and human rights. END SUMMARY. 
 
Stateside 
---------- 
 
¶2. (C) During a requested meeting with the Ambassador, Mu 
Sochua provided updates on her recent trip to the United 
States which included discussions with the press, Vital 
Voices (a U.S.-based NGO co-founded by then First Lady 
Hillary Clinton), and Congressmen Jim Moran (D-VA) and Jim 
McGovern (D-MA) about the current state of human rights in 
Cambodia.  According to Mu Sochua, Jim Moran stated that he 
would request a hearing on human rights in Cambodia in 
September.  Mu Sochua was unsure of the exact date or who 
will be called to testify, but has arranged to extend her 
planned August vacation in the United States through 
September in order to be on hand should she be called upon. 
If asked to testify, Mu Sochua plans to  discuss the rights 
of opposition parties, how the current slate of lawsuits 
affects human rights in Cambodia, and how the electoral law 
should be amended in preparation for the next elections.  Mu 
Sochua also stated that the deputy for Melanne Verveer, 
Ambassador-at-large for Women's Issues, asked Vital Voices to 
put together a dossier about Mu Sochua's case for Secretary 
of State Clinton. 
 
Going It Alone 
--------------- 
 
¶3. (C) Mu Sochua expressed her appreciation for an embassy 
escort during her departure to the U.S. and embassy presence 
at the National Assembly vote on her immunity (Ref B).  She 
then requested an observer also be sent to her trial on July 
¶24.  The Ambassador readily confirmed that an embassy 
representative will attend the trial.  Mu Sochua then went on 
to state that she will not have a lawyer at the trial because 
she does not want to jeopardize anyone's job or life.  She 
said she feels guilty about her previous attorney, Kong Sam 
Onn, who, facing a defamation suit of his own and troubles 
with the Bar Association, sent an apology to Hun Sen and 
defected to the ruling party.  According to Mu Sochua, Kong 
Sam Onn picked her up at the airport upon her return from the 
United States and personally apologized, stating he and his 
family were under pressure to find a way out of the lawsuit. 
 
¶4. (C) Mu Sochua said that she had searched for a new lawyer, 
but Sok Sam Oeun, the head of prominent legal aid NGO 
Cambodian Defenders Project (CDP) had turned down her request 
for representation based on her economic status.  "I am 
rich," she acknowledged, "and CDP represents the poor." 
However, Sok Sam Oeun reportedly told Mu Sochua that he would 
agree to represent her if appointed to do so by the court, 
because "then it's not like I am on your side."  She then 
approached Ou Virak, President of the Cambodian Center for 
Human Rights, for legal advice.  Both he and the UN Office of 
the High Commissioner for Human Rights (UN OHCHR)have agreed 
to coach and advise Mu Sochua prior to her trial, but after 
that she is on her own.  The UN OHCHR was able to find a 
lawyer who is willing to represent Mu Sochua at the trial, 
but she declined the offer because it "creates a lot of 
anxiety for the lawyer and I will feel guilty if something 
happens like to Kong Sam Onn." 
 
¶5. (C) When asked if she had requested a delay of her trial, 
Mu Sochua replied that it is not her desire to drag this case 
out.  She feels Hun Sen and the ruling party are using the 
courts to take the focus off of important issues such as 
corruption and land.  Mu Sochua calmly stated that if the 
lower court decides against her, which she assumes it will, 
she will not appeal the case.  However, she adamantly said 
that she will not pay the fine because it would be admitting 
guilt where there is none, "like you've been raped and the 
rapist then asks you to pay a fine."  She confirmed that the 
party will pay the fine and that she will submit to party 
 
PHNOM PENH 00000492  002 OF 002 
 
 
discipline. 
 
Immunity and Increased Understanding 
------------------------------------- 
 
¶6. (C) Mu Sochua then appealed to the Ambassador to continue 
to support human rights and a role for the opposition, 
stating it is becoming increasingly difficult to function in 
a parliament which is "broken."  She also indicated that the 
reinstatement of her immunity would most likely come down to 
a pardon, which will not happen without international 
support.  The Ambassador affirmed that she would speak out 
regarding the right to have a defense and Mu Sochua's right 
to have her immunity reinstated.  The Ambassador also assured 
Mu Sochua that she continues to discuss the unfortunate 
effect the disinformation suits have had on freedom of 
expression with senior Cambodian officials. 
 
¶7. (C) When asked about her long term goals, Mu Sochua stated 
that she and the SRP plan to play it "low key" and 
concentrate on the issues.  They want respect as an 
opposition party and want the procedures to be followed in 
parliament.  Mu Sochua herself would like to focus on her 
constituency, stating that "this situation has taught me a 
lot."  She now understands that confronting the ruling party 
head-on is counterproductive and like "banging your head 
against the wall."  She therefore plans to encourage the 
people, especially women, to get more involved in issues of 
concern.  However, she anticipates obstacles along the way 
given that the governor of Kampot will not receive her for 
meetings or deal with her in any way.  Mu Sochua said she is 
willing to work more cooperatively with the ruling party 
should she get her immunity back but may need some 
interventions on her behalf in order to engage fully.  The 
Ambassador assured Mu Sochua that she will find an 
opportunity to discuss this with the governor.  The 
Ambassador reiterated that she would keep a close eye on the 
legal process, on the right to justice and freedom of speech, 
and that the embassy is available should she need support. 
 
Comment 
-------- 
 
¶8. (C) Mu Sochua seemed calm and methodical in her approach 
to her upcoming trial.  She also appeared to understand the 
need to work constructively with the ruling party in order to 
advance her human rights, gender equality, and 
anti-corruption goals.  The embassy will seek out 
opportunities to support these efforts and the reinstatement 
of her immunity. 
RODLEY