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, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/189/11(b)-R.1), and to the resolution adopted at its 188th session (April 2011),

Recalling the following information on file:

• Ms. Mu Sochua’s public announcement that she would file a defamation lawsuit against the Prime Minister 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 upon the lifting of her parliamentary immunity by the National Assembly in a closed-door 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 MP’s salary, although in such cases the law provides for the serving of a prison term;

• By November 2010, the fine had been paid off in full, but her parliamentary immunity has not been restored;different opinions were given as to how her parliamentary immunity should be restored until the National Assembly stated in a letter of 12 April 2011 that, by virtue of Article 535 of the Penal Code, Ms. Mu Sochua has to wait one year before submitting an application for rehabilitation to the Appeal Court; should no application be submitted, her immunity would be restored automatically after five years; the leader of the Cambodian delegation to the 124th Assembly (April 2011) stated that rehabilitation is governed by the Criminal Code, including for members of parliament, and during the period in question Ms. Mu Sochua must not commit any other crime if she wishes to be rehabilitated,

Considering that, in May 2011, while making door-to-door visits in Battambang town to inform inhabitants of their right to free public health care and education, Ms. Mu Sochua and her team of locally elected councillors were reportedly surrounded and threatened by members of the ruling Cambodian Peoples Party (CPP), who accused her of inciting villagers against the Government; noting that the opposition team lodged a complaint with the Governor the following day and that Ms. Mu Sochua sent a report about the threats to the Ministry of the Interior; that, however, no action has reportedly been taken; considering further that, on 5 October 2011 a commune chief reportedly accused Ms. Mu Sochua of creating social disorder on account of her having led a group of young people to inform citizens about voter registration and filed a complaint against her; that the commune chief withdrew the complaint and the case was dropped,

Recalling that United Nations human rights bodies and mechanisms have expressed concern about the independence of the judiciary in Cambodia and that, most recently, 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,^* identified freedom of expression as a major cause for concern, along with the numerous challenges faced by the judiciary, expressed concern about the narrowing of political space, and recommended that defamation and disinformation be decriminalized altogether; considering that, in his report of August 2011 (A/HRC/18/46), the Special Rapporteur has reiterated his concerns regarding respect for freedom of expression in Cambodia and, with regard to parliament in particular, recommended that parliament 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. Reaffirms the concerns it expressed in its resolution of April 2011 at the application of the provisions of the Criminal Code regarding restoration of parliamentary immunity, which has resulted in an additional punishment for Ms. Mu Sochua;

2. Trusts that the Appeal Court will rule on Ms. Mu Sochua’s petition upon its submission without delay so as to ensure that she can stand in the 2013 elections, as is her right;

3. Calls on the National Assembly once again to review the legislation concerning parliamentary immunity, regarding both the restoration and the lifting of parliamentary immunity so as to ensure that such immunity becomes an effective tool for protecting members of parliament against any proceedings that may be unfounded and politically motivated;

4. Reaffirms 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 Cambodian Parliament will take into serious consideration the recommendations made by the United Nations Special Rapporteur on the human rights situation in Cambodia regarding the decriminalizing of defamation and will follow up on them, in particular on those which concern the parliament itself;

5. Is concerned that a complaint which Ms. Mu Sochua lodged with the Governor about the threats made against her and others by members of the ruling party while they were informing villagers of their rights has remained unanswered, as has a report she made to the Minister of the Interior; considers that this should be of concern to the parliament as such inaction on the part of the authorities may encourage the repeat of such wrongdoing and should therefore prompt parliament to put questions to the relevant authorities; would appreciate receiving information as to any such action the parliament may indeed take;

6. Requests the Secretary General to convey this resolution to the parliamentary authorities, inviting them to provide the requested information;

7. Requests the Committee to continue examining this case and report to it at its next session during the 126th IPU Assembly (March/April 2012).

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* A/HRC/15/46

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