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

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 function within the loss of life of Chea Vichea, who had obtained loss of life threats earlier than he was shot in entrance of a newspaper kiosk within the capital by two males on a motorcycle. Then-King Norodom Sihanouk acknowledged that the killing had a “political character.” The loss of life 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 identical time.

Legal professionals for Sam Rainsy argued that the accusations had been made in good religion and have a adequate factual foundation. They stated of their courtroom 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 wrestle for freedom can’t be separated from the wrestle for reality,” Sam Rainsy instructed the courtroom. “I’ve at all times defended the general public curiosity and the nationwide curiosity. The world should perceive what is going on in Cambodia.”

Hun Sen’s French attorneys argued that Sam Rainsy’s allegations had been motivated by private animosity . They stated little in courtroom about Chea Vichea, however pressed Sam Rainsy on the proof for his claims about Hok Lundy’s loss of life. They argued that the causes of the crash are a slender factual query for specialists, relatively than a historic or political one.

Having fun with this text? Click on right here to subscribe for full entry. Simply $5 a month.

Sam Rainsy stated that specialists who’re too scared to testify have instructed him that the destruction of Hok Lundy’s French-made Airbus helicopter might solely have been brought on by a bomb. “Hun Sen had the motive to silence Hok Lundy without end,” 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 specialists who know concerning the case, Sam Rainsy instructed the courtroom, pointing to contradictory authorities explanations of the crash. A full examination of the stays of the helicopter was important however was averted. If he had nonetheless been a member of parliament relatively 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 had 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 decide in December 2021 ordered that two leaders of Hun Sen’s bodyguard unit ought to face trial in a French courtroom for the grenade assault. “If the Cambodian prime minister is ready to keep away from being despatched to a courtroom for judgement, that is purely as a consequence of his immunity as head of presidency,” Sam Rainsy’s attorneys argued of their defamation case submission.

The courtroom is scheduled to achieve a call on October 10. The one protected wager is that the circumstances 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’s nothing to recommend that Hun Sen desires 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 courtroom on September 15 on additional costs 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.