CAMBODIA

Case N° CMBD/02 - SON SOUBERT
Case N° CMBD/03 - POL HAM
Case N° CMBD/04 - SON SANN
Case N° CMBD/05 - KEM SOKHA
Case N° CMBD/06 - KOY CHHOERN

Resolution adopted without a vote by the Inter-Parliamentary Council at its 159th session
(Beijing, 21 September 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/159/11(a)-R.1), and to the resolution adopted at its 158th session (April 1996), regarding the case of the above-mentioned parliamentarians, of Cambodia,

Taking into consideration the communications from the First Prime Minister dated 16 May and 3 September 1996 and from His Majesty the King of Cambodia dated 6 June and 14 August 1996,

Recalling that in May 1995 the Buddhist Liberal Democratic Party (BLDP), to which Mr. Son Soubert, Mr. Pol Ham, Mr. Son Sann, Mr. Kem Sokha and Mr. Koy Chhoern belong, split into two factions, one led by the Information Minister, Mr. Ieng Mouly, and the other by Mr. Son Sann, the party founder; that all the persons concerned joined the latter faction; that the Government recognized the faction of Mr. Ieng Mouly as the legitimate BLDP party and Mr. Ieng Mouly as the party's legitimate President,

Recalling also that, on 5 August 1995, Mr. Ieng Mouly's faction reportedly voted to expel Mr. Son Sann, together with the other MPs in question, and that Mr. Mouly expressed his intention to demand their removal from Parliament and replacement by other party members; considering, however, that no such action has been taken,

Recalling further that the BLDP faction loyal to Mr. Son Sann held a party congress on 1 October 1995; that on the eve of the congress, when a crowd of Mr. Son Sann's supporters had already gathered, unidentified people threw a grenade into the courtyard of his residence and into a nearby Buddhist temple where some of his supporters were present, injuring 30 people; recalling that the congress, which went ahead despite the grenade attacks, was dispersed after one hour when armed military police moved in and cleared the area, reportedly moving participants away at gunpoint,

Recalling that the First Prime Minister, Prince Norodom Ranariddh, and the Minister of the Interior strongly condemned the attack, pledging diligent and thorough investigations,

Considering that, in his letter of 16 May 1996, the First Prime Minister stated that, with regard to the grenade attack against the members of the BLDP, "the hypothesis of the split within the BLDP has been cited as a possible cause" and that the investigations were still open,

Recalling in this connection the fear of one of the sources that the attack might have been Government-instigated, since Information Minister Ieng Mouly and Second Prime Minister Hun Sen had reportedly stated weeks before the congress that "unknown people may throw a grenade or two into the congress"; considering also that, according to one of the sources, the party split had been devised by the Government, which now tried to blame the attack on one or the other of the BLDP factions,

Considering that H.M. the King, in his letter of 6 June 1996, expressed his wholehearted support to the Union, stating, however, that vis-à-vis the Royal Government and the National Assembly of Cambodia, he was powerless since the Constitution of 1993 stipulated that "the King reigns but does not govern"; therefore, he had no powers, some of his recommendations were taken into consideration, others not; he would nevertheless continue his efforts to avoid, as far as possible, too many human rights violations,

1. Thanks the First Prime Minister for his co-operation and the information and observations he provided; regrets, however, that in his last letter he did not provide information on the stage reached in the investigations into the grenade attack;

2. Deeply regrets that neither the Second Prime Minister nor the President of the National Assembly has deemed it necessary to convey his observations or respond to the Committee's requests for information, and considers that this attitude reveals utter disregard for elementary principles of international co-operation;

3. Notes that investigations into the two grenade attacks of 30 September 1995 against the premises of the faction of BLDP led by Samdech Son Sann and against a Buddhist temple occupied by the faction's supporters are under way; notes, however, with regret that, though 11 months have elapsed since their launching, there have as yet been no tangible results;

4. Recalls in the strongest terms that the Cambodian authorities have a duty, under national and international law, to bring to justice those responsible for these crimes, and urges the authorities, in particular the Parliament, to ensure that the investigations are conducted with all due diligence in order that these crimes may not go unpunished;

5. Stresses that impunity poses a major threat to democracy and respect for human rights and constitutes a violation of the right to justice;

6. Notes with satisfaction that Mr. Son Soubert, Mr. Pol Ham, Mr. Son Sann, Mr. Kem Sokha and Mr. Koy Chhoern are going normally about their parliamentary duties;

7. Requests the Secretary General to convey these considerations to the authorities of Cambodia, including the Minister of Justice, inviting them to inform the Committee of the progress made in the investigations;

8. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 1997).