Sar Kheng Says Protest Leaders Will Face Law if Violence Occurs

Interior Minister Sar Kheng on Thursday warned that the leaders of any possible demonstrations against the preliminary outcome of the July 28 national election would face the consequences of their actions.

In a letter sent to opposition CNRP president Sam Rainsy, Mr. Kheng reiterated a warning that any demonstrations must be conducted within the bounds of the law and warned of arrests and imprisonment if the protests are not to the government’s liking.

“To stage a peaceful demonstration complaining about any issues is the right of the citizen as stated in Cambodia’s constitutional law, but the leaders of the protest and demonstrators must respect any regulations of the law on peaceful demonstration,” Mr. Kheng said.

“In the case of demonstrations becoming violent and causing the de­struction of national security, public or private property and public order, the demonstration leaders and the suspects must be responsible before the law for any consequences that would happen after this demonstration,” the minister said.

On Monday, Mr. Kheng warned of “trouble” ahead if the CNRP did not return to talks with the ruling CPP over election irregularities. Prime Minister Hun Sen has also warned of social unrest and violence if the opposition protests the results of the contested election, which they have threatened to do.

Sok Sam Oeun, executive director of the free legal aid Cambodian Defenders’ Project, said the government is preparing to crack down if there are protests and if they turn violent.

Mr. Sam Oeun said people are well within their rights to demonstrate, but that an inability to keep large crowds in check might give the armed forces an excuse to open fire.

“If they do a peaceful demonstration it is OK, but it is very hard, because if it is too big, it is hard to control a demonstration and sometimes if there is violence, [armed forces] can use it as a excuse to use force,” he said.

“If both sides demonstrate and the situation doesn’t calm down, I think bloodshed would happen.”

But the violent repression of demonstrations, were it to occur, could have serious international consequences.

Cambodia is a party to the Rome Statute, under which the International Criminal Court (ICC) was established.

Over the next few months, the ICC will begin hearings in cases against three Kenyan government officials who have been charged with crimes against humanity for their roles in post-election violence that broke out in 2007 and 2008 and saw at least 1,300 people killed and hundreds of thousands displaced.

A case against former Ivorian President Laurent Gbagbo and his wife—both charged over 2010 and 2011 post-election violence in Ivory Coast—is also at the pre­trial stage at the ICC.

Forces loyal to both Mr. Gbagbo and his opponent, Alassane Ouattara—who won the vote—are responsible for having killed at least 1,500 people during a months-long standoff that ensued after the election’s outcome was contested.

“[T]he cases from the Kenyan and Ivory Coast elections that are before the ICC should serve as a reminder that some actions that result in large atrocities (and firing into a crowd could be viewed as such) that may have been orchestrated by high-ranking government officials, can be considered of an international character and could result in indictments at the ICC,” said Michael Karnavas, a lecturer on international criminal law and the former defense lawyer of Khmer Rouge war crimes suspect Ieng Sary, in an email.

Under international law, having the right to defend oneself does not give license to retaliate if the force used is greater than the violence it aims to quell.

CNRP member Mu Sochua said in a statement last night that the opposition has not called for demonstrations to take place when the National Election Committee announces the preliminary results of the election.

“The opposition has said all along: Non-violent demonstration is a last resort used if the contested results are not fairly and justly resolved by the National Election Committee,” Ms. Sochua said.

CNRP spokesman Yim Sovann said his party has no intention of breaking the law and insisted that it is the job of the Ministry of Interior to protect citizens and maintain security in a way that does not compromise citizens’ wellbeing while they exercise their constitutional right to protest.

“This country is a democratic country; not communist or authoritarian. We have the right to demonstrate and the police have a duty to guarantee the safety and security of demonstrators.

“Are the people who lost the right to vote their [the government’s] enemy? Does this country belong to the CPP? Or to the Ministry of Interior? This country belongs to the Cambodian people and justice must be found for them. The police and military belong to the nation, not to the CPP.”

(Additional reporting by Hul Reaksmey)

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