The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Ms. Mu Sochua, an opposition member of the National Assembly of Cambodia, and to the resolution it adopted at its 190th session (April 2012),

Recalling the following information on file:

• Ms. Mu Sochua’s public announcement that she would file a defamation lawsuit against Prime Minister Hun Sen for a speech he made in April 2009 referring to her in a derogatory and insulting manner prompted the latter to file a lawsuit against her, citing as evidence inter alia her complaint to the IPU; while her lawsuit was quickly dismissed, the Prime Minister’s lawsuit proceeded once her parliamentary immunity had been lifted by the National Assembly in a closed session, without hearing her arguments and voting by show of hands; in June 2010, the Supreme Court upheld the verdict of the Phnom Penh Municipal Court, which had found her guilty and ordered her to pay a heavy fine; as Ms. Mu Sochua refused to pay the fine, it was deducted from her salary as a member of parliament, although in such cases the law provides for the serving of a prison term;

• The fine had been paid off in full by November 2010, but Ms. Mu Sochua’s parliamentary immunity had not been restored;under Article 535 of the Penal Code, members of parliament have to wait one year before submitting an application for rehabilitation to the Appeal Court; should no application be submitted, their immunity is restored automatically after five years; the leader of the Cambodian delegation to the 124th IPU Assembly (Panama, April 2011) stated that rehabilitation was governed by the Penal Code, including for members of parliament, and that during the period in question Ms. Mu Sochua must commit no further crimes if she wished to be rehabilitated; according to the source, the Appeal Court is not obliged to render a decision before the expiry of the five-year term, whereupon rehabilitation is automatic; Ms. Mu Sochua had to be rehabilitated if she wished to stand in the 2013 parliamentary elections,

Considering that, in his report of 16 July 2012 to the United Nations Human Rights Council (A/HRC/21/63), the Special Rapporteur on the human rights situation in Cambodia stated that “respect for freedom of expression, opinion and assembly remains a principal concern in Cambodia.  The Special Rapporteur has already emphasized in his previous reports his concerns in relation to the impermissible restrictions of freedom of expression caused by, among other things, prosecutions (or threats of prosecution) under the Criminal Code for, in particular, offences related to incitement and defamation. These restrictions on people exercising their right to freedom of expression has, in the view of the Special Rapporteur, resulted in a chilling effect on freedom of expression in Cambodia. It appears that many Cambodians exercise self-censorship in what they say and write, provoked by a fear of arrest and detention. This holds particularly true in respect of people wishing to express views critical of those in power (…)”,

Recalling also that United Nations human rights bodies and mechanisms have expressed concern about the independence of the judiciary in Cambodia and that the United Nations Special Rapporteur on the situation of human rights in Cambodia, in his report to the United Nations Human Rights Council of 16 September 2010 (A/HRC/15/46), expressed concern about the narrowing of the political space for the opposition and recommended that defamation and disinformation be decriminalized altogether; in his report of August 2011 (A/HRC/18/46), the Special Rapporteur reiterated his concerns regarding respect for freedom of expression in Cambodia and, with regard to parliament in particular, recommended that the National Assembly should review the new Penal Code with a view to ensuring its compliance with the permissible limitation on freedom of expression under international human rights law, and should safeguard the right to freedom of expression of its own members and protect their parliamentary immunity,

1. Is pleased that Ms. Mu Sochua’s parliamentary immunity was finally restored; 

2. Remains concerned, however, at the application of the provisions of the Penal Code regarding restoration of parliamentary immunity, which has resulted in an additional punishment for Ms. Mu Sochua; considers that such application of the Penal Code denied Ms. Mu Sochua the protection that parliamentary immunity would afford against the instigation of criminal proceedings that had no basis in law;

3. Calls on the National Assembly once again to review the legislation regarding the restoration and lifting of parliamentary immunity, so as to ensure that such immunity becomes an effective tool for protecting members of parliament against proceedings that may be unfounded and politically motivated; suggests that the IPU, as part of its ongoing programme of assistance to the National Assembly, explore with the parliamentary authorities the possibility of sharing its expertise on that subject;

4. Decides nevertheless to close the case, given that Ms. Mu Sochua is once again able fully to exercise and enjoy her parliamentary privileges and that there appears to be no obstacle to her standing as a candidate in the 2013 parliamentary elections; reaffirms, however, in closing the case, the grave concerns it has consistently expressed at the defamation proceedings brought against her by the Prime Minister, which it continues to regard as an instance of exploiting the judiciary for political ends; expresses the earnest hope that the National Assembly will give serious consideration to and follow up on the recommendations made by the United Nations Special Rapporteur regarding defamation, in particular those relating to parliament itself;

5. Requests the Secretary General to convey this resolution to the parliamentary authorities and the source.

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