CASE N° CMBD/01 - SAM RAINSY
CASE N° CMBD/02 - SON SOUBERT
CASE N° CMBD/03 - POL HAM
CASE N° CMBD/04 - SON SANN
CASE N° CMBD/05 - KEM SOKHA

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 169th session (Ouagadougou, 14 September 2001)

The Inter-Parliamentary Council,

Referring to the resolution it adopted at its 168th session (April 2001) on the case of Mr. Sam Rainsy, Mr. Son Soubert, Mr. Pol Ham, Mr. Son Sann and Mr. Kem Sokha, of Cambodia, and to the related report of the Committee on the Human Rights of Parliamentarians,

Taking account of a communication from Senator Chhang Song, dated 22 August 2001,

Having heard the multiparty delegation of Cambodia to the 106th Conference (September 2001),

Recalling that, at the hearing of the Cambodian delegation held on the occasion of the 105th Conference (April 2001), Senator Chhang Song undertook to seek from the competent authorities the information it has been requesting for some time as to the stage reached in the investigations into the grenade attack of October 1995 against Mr. Kem Sokha, Mr. Pol Ham, Mr. Son Sann and Mr. Son Soubert, and that of March 1997 against Mr. Sam Rainsy; he also undertook to ascertain whether judicial proceedings against Mr. Kem Sokha and Mr. Sam Rainsy were still pending and merely suspended owing to their parliamentary immunity,

Considering that it appears from Senator Chhang Song's report, as well as from the information provided by the Cambodian delegation, that no investigations into the grenade attack of October 1995 on the former MPs concerned, at the time members of the Buddhist Liberal Party, are currently under way; considering also that, according to the information provided by the Minister of Justice to Senator Chhang Song, the charges of incitement to racial unrest and damage to public property brought against Kem Sokha in autumn 1998 have been withdrawn,

Recalling that Mr. Son Sann has died, Mr. Son Soubert was appointed a member of the Constitutional Court, Mr. Pol Ham works for the United Nations Office in Phnom Penh and Mr. Kem Sokha is a member of the Senate and Chairman of its Committee on Human Rights and Reception of Complaints,

Considering that, according to information provided by the competent authorities to Senator Chhang Song, the investigations into the grenade attack of March 1997 against Sam Rainsy, conducted by the Cambodian authorities jointly with the FBI, are still under way but have as yet yielded no result,

Considering that, on 17 August 2001, the Ministry of Information issued an order to confiscate a book Mr. Rainsy had published under the title "The Light of Justice" on the ground that it contained information "which defames and accuses without evidence the Royal Government issued from the democratic elections held in 1998, raises suspicions and tells lies about it"; Mr. Rainsy has lodged a complaint with the competent court and the National Assembly,

1. Thanks the Cambodian delegation for its cooperation; thanks in particular Senator Chhang Song for the efforts he made to obtain the information sought;

2. Notes with regret that the investigation into the grenade attack of October 1995 has been abandoned without result, thus affording the authors of that attack de facto impunity; concludes that the authorities have thus failed to comply with their statutory duty to dispense justice;

3. Notes that investigations into the grenade attack of March 1997 are still under way and earnestly hopes that, four years having elapsed since the crime, results will be forthcoming soon;

4. Expresses concern at the confiscation of a book published by Mr. Sam Rainsy on the ground that it defames the Government; notes that Mr. Rainsy has lodged a complaint, and is confident that the judiciary will examine it with due regard to the right to freedom of expression, which would be meaningless if it did not comprise the right to level even harsh criticism at government politics;

5. Notes that no charges or other proceedings are pending against Mr. Kem Sokha, Mr. Pol Ham and Mr. Son Soubert; consequently decides to close their case as well as that of Mr. Son Sann while regretting that the authorities failed to respect their right to justice in failing to bring to justice those responsible for the grenade attacks against them;

6. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case of Mr. Rainsy and to report it at its next session (March 2002); requests the Secretary General to inform the authorities and sources accordingly.

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