Rainsy Delays Return ‘For a Few Days’

Cambodia National Rescue Party president Sam Rainsy yesterday afternoon announced that he was delaying “for a few days” his return to the Kingdom, just six hours before his flight from South Korea was scheduled to touch down at Phnom Penh International Airport.

The decision was made after consulting with CNRP members in Cambodia and a number of international pro-democracy organizations, he said on his Facebook page at about 4 pm. They suggested that he should arrive in Phnom Penh in broad daylight and urged him to allow time for diplomacy to resolve the dispute between the CNRP and the ruling Cambodian People’s Party, he said.

“I am not arriving at Phnom Penh International Airport tonight at 22:20 as originally scheduled, but will be back in Cambodia in the next few days,” Mr. Rainsy said.

On Saturday, the day after the Phnom Penh Municipal Court issued an arrest warrant for him, Mr. Rainsy expressed fearlessness on Facebook.

“I am not afraid,” he told a gathering of Cambodian workers in Korea. “They can take me to do whatever they want to me... I have to go back to rescue the nation. My plan did not change,” he said, according to a video posted on his Facebook page.

However, political analyst Kem Ley, said he was not surprised by Mr. Rainsy’s decision to delay his return, saying it was habitual behavior. “It’s the culture of Sam Rainsy,” Mr. Ley said, adding that he did not think there was any reason for Mr. Rainsy to fear violence. Mr. Rainsy is responsible for his decision not to return, Mr. Ley said.

Political analyst Ou Virak agreed. “I’m not surprised. I guessed this would happen. Mr. Rainsy always disappears when he faces a challenge. He cannot compare himself to Aung San Suu Kyi,” Mr. Virak said, referring to Facebook posts by Mr. Rainsy following the landmark election in Myanmar on November 8.

Mr. Rainsy had compared the CNRP to Ms. Suu Kyi’s National League for Democracy, and posted photographs of himself with the Nobel laureate who spent more than two decades under house arrest by that country’s military junta before her party finally claimed power.

Mr. Rainsy’s decision not to return to Cambodia could undermine the CNRP, Mr. Virak said. “He has lost the confidence of the people.”

CNRP lawmaker Eang Chhay Eang said Mr. Rainsy’s decision to delay his return followed a meeting of CNRP lawmakers who asked him not to fly at night. They told him he should fly at noon instead, Mr. Chhay Eang said. “He will still fly back to Cambodia in a few days. I don’t know which country he will stay in [till then],” he added.

Stripped of Immunity

Mr. Rainsy was yesterday stripped of his position in the National Assembly, where he represented a constituency in Kampong Cham province, a press release signed by assembly president Heng Samrin said. The press release followed a meeting of the Permanent Committee of the National Assembly, which voted to support a report from the Ministry of Justice calling for Mr. Rainsy’s arrest.

The warrant stems from a 2008 complaint from Foreign Minister Hor Namhong who accused Mr. Rainsy of defamation over comments made during a memorial service at the Choeung Ek Genocide Center. Mr. Rainsy alleged that Mr. Namhong oversaw the Boeung Trabek prison under the Khmer Rouge. In 2011, Rainsy was convicted in absentia on the charges, sentenced to two years in prison and ordered to pay a $2,000 fine.

In 2013, Mr. Rainsy was granted a Royal Pardon by King Sihamoni to allow him to return for the national election that year.

National Assembly spokesman Chheang Vun told the reporters that the Permanent Committee examined the Justice Ministry report and agreed that court action against Mr. Rainsy was appropriate as the case was between individuals.

It requires a legal remedy rather than a political one and in this respect Mr. Rainsy’s parliamentary immunity does not apply, Mr. Vun said.

Embassy Expresses Concern

The US Embassy in Phnom Penh said yesterday it was concerned about Mr. Rainsy’s removal from the National Assembly. “We are deeply concerned by today’s removal of... Sam Rainsy from the National Assembly in a unilateral move by the ruling Cambodian People’s Party,” it said in a statement.  “We call on the National Assembly to reinstate him immediately and to restore his parliamentary immunity. We also call on the government to revoke the arrest warrant issued against Rainsy on seven-year-old defamation charges and to allow him and other opposition Parliamentarians to return to Cambodia without fear of arrest or persecution,” the statement said.

Unanswered Questions

CNRP lawmaker Eang Chhay Eang told reporters that he had asked the National Assembly’s Permanent Committee to postpone enforcement of the arrest warrant.

“I asked many questions such as ... Why did Prime Minister Hun Sen ask for a Royal pardon for Sam Rainsy in only two cases? Why keep one case open?... Why did the National Election Committee register him as candidate for Kampong Cham province and recognize him as an elected candidate on July 25, 2014? Why did the National Assembly recognize Sam Rainsy as a lawmaker on July 28, 2014?,” Mr. Chhay Eang said.

“But they did not respond to all of my questions,” he added. “I asked them to explain one by one, why someone facing charges can stand as a lawmaker. Was it a technical error, intentional or unintentional?”

Committed to Arrest

Deputy Prime Minister and Minister of Interior Sar Kheng on Sunday signed a letter saying that the government had created a committee to enforce the arrest warrant against Mr. Rainsy. The committee’s leaders included Em Sam An, secretary of state at the Interior Ministry, National Police Chief Neth Savoeun and Immigration Department director Sok Phal.

The committee has two groups – one for Phnom Penh and another for Siem Reap. Each group is required to collect information at its location, protect the security of Mr. Rainsy when transferred to prison and ensure no interruption in the enforcement of the arrest warrant.

On Sunday afternoon, CNRP lawmakers were divided on where Mr. Rainsy would touch down in Cambodia, with some saying he intended to arrive at Siem Reap International Airport. By the evening they had reached a consensus that he would arrive in Phnom Penh.

Before Mr. Rainsy announced he was delaying his return, the US embassy posted an advisory warning citizens about possible protests linked to Mr. Rainsy’s return.  The British Embassy followed suit. “Political tensions have once more increased,” the UK travel advisory update said. “Allow extra time if traveling to Phnom Penh airport and follow news reports closely for news of any delays or protests.”

Protests were already being organized yesterday. Activist Thy Sovantha said on her wildly popular Facebook page that “1,000 youth” would protect Mr. Rainsy when he arrived at Phnom Penh International Airport.

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