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HomeAsian NewsDefamation Trial of Cambodian Opposition Chief Opens in Paris – The Diplomat

Defamation Trial of Cambodian Opposition Chief Opens in Paris – The Diplomat


Defamation Trial of Cambodian Opposition Leader Opens in Paris

Cambodian opposition chief Sam Rainsy arrives on the Tribunal Judiciare in Paris, France, September 1, 2022.

Credit score: Fb/Sam Rainsy

A case for defamation introduced by Cambodian Prime Minister Hun Sen in opposition to the nation’s long-time opposition chief opened on the Tribunal Judiciaire in Paris on September 1. Hun Sen introduced the case in response to Sam Rainsy’s claims, made on Fb in 2019, that he was behind the deaths of commerce union chief Chea Vichea, killed in 2004 on the age of 36, and former police chief Hok Lundy, who died in 2008.

Hun Sen denies any position within the dying of Chea Vichea, who had acquired dying threats earlier than he was shot in entrance of a newspaper kiosk within the capital by two males on a bike. Then-King Norodom Sihanouk said that the killing had a “political character.” The dying of Hok Lundy is attributed by Cambodian authorities to a helicopter accident. A second defamation case in opposition to Sam Rainsy filed by deputy police chief Dy Vichea, the son of Hok Lundy and the son-in-law of Hun Sen, is being thought-about on the similar time.

Legal professionals for Sam Rainsy argued that the accusations have been made in good religion and have a ample factual foundation. They stated of their court docket submission that Hok Lundy died because of a bomb positioned in his helicopter on the orders of Hun Sen. This was as a result of Hok Lundy was making ready to disclose that Hun Sen had ordered him to kill Chea Vichea, the submission stated. Sam Rainsy and Chea Vichea labored collectively to create Cambodia’s first commerce union.

“The battle for freedom can’t be separated from the battle for fact,” Sam Rainsy informed the court docket. “I’ve at all times defended the general public curiosity and the nationwide curiosity. The world should perceive what is occurring in Cambodia.”

Hun Sen’s French legal professionals argued that Sam Rainsy’s allegations have been motivated by private animosity . They stated little in court docket about Chea Vichea, however pressed Sam Rainsy on the proof for his claims about Hok Lundy’s dying. They argued that the causes of the crash are a slim factual query for consultants, somewhat than a historic or political one.

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Sam Rainsy stated that consultants who’re too scared to testify have informed him that the destruction of Hok Lundy’s French-made Airbus helicopter may solely have been attributable to a bomb. “Hun Sen had the motive to silence Hok Lundy perpetually,” he stated.

There has by no means been a transparent cause given for why Hok Lundy was on the helicopter flight from Phnom Penh to Svay Rieng on November 9, 2008. The helicopter had an anti-lightning safety system, however the black field, if there was one, was by no means recovered and analyzed. The one inquiry into the crash was formally closed inside 24 hours of the accident.

That shocked all of the consultants who know concerning the case, Sam Rainsy informed the court docket, pointing to contradictory authorities explanations of the crash. A full examination of the stays of the helicopter was important however was prevented. If he had nonetheless been a member of parliament somewhat than having being expelled, he stated, he would have demanded a parliamentary enquiry.

Sam Rainsy was the goal of an assault in Phnom Penh in March 1997, when grenades have been thrown at an illustration march he was main. The assault killed 16 individuals and left about 150 injured, together with Chea Vichea. Sam Rainsy has at all times maintained that Hun Sen was behind the assault, which the prime minister denies.

Sam Rainsy has French and Cambodian nationality, and an investigating French choose in December 2021 ordered that two leaders of Hun Sen’s bodyguard unit ought to face trial in a French court docket for the grenade assault. “If the Cambodian prime minister is ready to keep away from being despatched to a court docket for judgement, that is purely resulting from his immunity as head of presidency,” Sam Rainsy’s legal professionals argued of their defamation case submission.

The court docket is scheduled to succeed in a call on October 10. The one secure wager is that the instances will revive worldwide consciousness of the deaths of Chea Vichea and Hok Lundy – and the historic sample of political assassination in Cambodia of which they’re an element.

Sam Rainsy pointed to the absurdity of showing as a defendant in Paris whereas not being allowed to take action in Phnom Penh. As but there may be nothing to counsel that Hun Sen needs a change of authorized venue. Regardless of Sam Rainsy’s quite a few convictions in Cambodian courts, there has by no means been any try and extradite him from France. He has stated that he’ll go to Cambodia and seem in court docket on September 15 on additional fees of conspiracy, which six different opposition figures may also face. That’s if his journey ban to the nation is lifted, and his supporters are allowed to greet him – neither of which the Cambodian authorities is more likely to allow.

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