[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Cambodian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Cambodian authorities are attached below with this appeal. Thank you.]
CAMBODIA: Restriction of free media; abuse of legal system to suppress freedom of expression
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Dear friends,
The Asian Human Right Commission (AHRC) has received information that Phnom Penh municipal court had convicted Mr. Dum Sith, the editor-in-chief of a Khmer language local newspaper Moneaksekar Khmer for disinformation after it published an article exposing the Deputy Prime Minister Sok An’s alleged involvement in corruption. On 15 September 2006, in a trial in absentia, the court fined Dum Sith eight million Riels (US$2000) and ordered him to pay damages of ten million Riels (US$2500) to the government. This is yet another case that the Cambodian government abuses legal system to suppress their objectors. In the recent years, the Cambodian government had filed cases of defamation against several prominent opposition politicians and human rights defenders.
On 13 June 2006, Moneasekar Khmer newspaper published an article titled “Sok An trading accusations of corruption with party leaders” based on the information given by an unnamed source. The article alleged that Deputy Prime Minister Sok An had had a squabble at a meeting of the permanent committee of his ruling party, the Cambodian People’s Party (CPP), held on an unspecified date, when party leaders had accused him of corruption and he had accused of the same in return. The same article alleged that Sok An had been involved in corruption when he had authorised an airline of a foreign country a landing right in Cambodia without securing in return the same right in that foreign country for the then national airline. The article further alleged that investors who were well in with Sok An were prosperous and those who were not invariably went bankrupt.
After the publication, the Cambodian government brought this case to court against the newspaper company. At the trial, both Sok Roeun, the prosecutor, and Long Narin, counsel for the government, accused the newspaper company that the publication had incited rifts between the party and the government. But Dum Sith said in a statement that his newspaper had published the truth.
In the judgment, the trial judge Iv Kim Sry convicted Dum Sith in accordance with Article 62 on disinformation of the Criminal Code of Cambodia. The judge also added that if Dum Sith refused to pay the fine for the damages, he would put him in jail to make him pay the money.
However, the AHRC is concerned that Dum Sith’s right to a fair trial has been violated during his trial. That the conviction was made without evidence is beyond reasonable doubt. According to Article 62 of the Criminal Code of Cambodia, there are three constitutive elements that can charge any person with the offence of disinformation; (1) the information must be false, fabricated, falsified or untruthfully attributed to a third person; (2) it must be published, distributed or reproduced in bad faith and with malicious intent; and (3) this publication, distribution or reproduction must have disturbed or is likely to disturb the public peace.
Rifts between the CPP and the government that the prosecutor and the government accused the newspaper article of causing would simply be within the ruling party itself and would not disturb public peace. In fact, other parties have experienced rifts and these rifts have not disturbed the public peace at all. There was nothing to indicate that there was any malice against Sok An. The article simply exposed the corruption of the next powerful government leader after the prime minister. Also at the trial the prosecutor and the government counsel did not even cite these two elements of the offence to charge the accused.
The charge and conviction of Dum Sith by a court which is very much under executive control was meant to silence government critics and protect corruption among the ruling elite. They violate freedom of expression and press freedom, and discourage the press from actively participating in the fight against corruption. They are yet another evidence of the government’s lack of sincerity in fulfilling its human rights obligations and in its repeatedly proclaimed fight against corruption.
The AHRC urges the Court of Appeal of Cambodia to uphold Dum Sith’s appeal and squashed his conviction. It also urges the Cambodian government to uphold the rule of law and respect freedom of expression and press freedom. If there is any wrong information in publication, the government should request the newspaper to correct it in the first place before taking it to court. Actually, the government should appreciate the role of the press in the fight against corruption. The AHRC further urges donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government to put an end to its use of courts to silence its critics and violate freedom of expression and press freedom.
The Cambodian government has been abusing legal system to suppress the objectors or rights groups. For example, the AHRC has recently reported the case of Teang Narith, Law and Politics lecturer at Sihanouk Raj Buddhist University in Phnom Penh, who was dismissed and charged with the criminal offence of disinformation after writing a book critical of the government (UA-281-2006 and UP-176-2006) and the case of three union activists, who were illegally convicted by the Kandal Provincial Court (UA-229-2006 and UP-158-2006).
SUGGESTED ACTION:
Please write to the authorities listed below to express your concern about this case and urge them reject Dum Sith’s conviction, and to uphold the rule of law and respect freedom of expression and press freedom.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
CAMBODIA: A journalist convicted for exposing alleged corruption of the deputy prime minister
I am writing to express my deep concern at the conviction of Dum Sith, editor-in-chief of Moneaksekar Khmer newspaper, by Phnom Penh municipal court for disinformation following his publication of an article exposing the involvement of Sok An, a deputy prime minister, in corruption. On September 15, in a trial in absentia, that court fined Dum Sith eight million riels (US$2000) and ordered him to pay damages of ten million riels (US$2500) to the government.
I have learned that on June 13 Moneasekar Khmer newspaper published an article under the title ‘Sok An trading accusations of corruption with party leaders’ based on the information provided by an unnamed source. The article alleged that Sok An had a squabble at a meeting of the permanent committee of their party, the Cambodian People’s Party (CPP), held on an unspecified date, when party leaders had accused him of being corrupt and he had accused them of the same in return. The same article alleged that Sok An had been involved in corruption when he had authorised an airline of a foreign country a landing right in Cambodia without securing in return the same right in that foreign country for the then national airline. It further alleged that investors who were well in with Sok An were prosperous and those who were not invariably went bankrupt.
I have further learned that at the trial both Sok Roeun, the prosecutor, and Long Narin, counsel for the government, charged that the publication had incited rifts between the party and the government. But Dum Sith said in a statement that his newspaper had published the truth. When announcing the judgment, Iv Kim Sry, the trial judge, said Dum Sith was convicted in accordance with Article 62 on disinformation of the Cambodian criminal law. The judge added that if Dum Sith refused to pay the fine and damages, he would put him in jail to make him pay them.
I don’t at all believe that Dum Sith had a fair trial and that there was evidence beyond reasonable doubt to convict him. I understand that according to Article 62 of the same criminal law, there must be three constitutive elements present at the same time to be able to charge any person with the offence of disinformation (1) the information must be false, fabricated, falsified or untruthfully attributed to a third person; (2) it must be published, distributed or reproduced in bad faith and with malicious intent; and (3) this publication, distribution or reproduction must have disturbed or is likely to disturb the public peace. Rifts between the CPP and the government that the prosecutor and the government accused the newspaper article of causing would simply be within the ruling party itself and would not disturb the public peace. In fact other parties have experienced internal rifts and these rifts have not disturbed the public peace at all. There was nothing to indicate that there was any malice against Sok An. The article simply exposed the corruption of the next powerful government leader after the prime minister. Anyway the prosecutor and the government counsel did not even cite these two elements of the offence to charge the accused.
To me, the charge and conviction of Dum Sith by a court which is widely known to be under executive control was meant to silence government critics and protect corruption among the ruling elite. They have violated freedom of expression and press freedom, and have discouraged the press from actively participating in the fight against corruption. They are yet another evidence of the government’s lack of sincerity in fulfilling its human rights obligations and in its repeatedly proclaimed fight against corruption.
I urgently request the Court of Appeal of Cambodia to uphold Dum Sith’s appeal and squash his conviction. I also request the Cambodian government to uphold the rule of law and respect freedom of expression and press freedom. If there is any wrong information in any publication, the government should request the newspaper to correct it in the first place before taking it to the court. Actually, the government should appreciate the role of the press in the fight against corruption. I further request donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government to put an end to its use of courts to silence its critics and to violate freedom of expression and press freedom.
Yours truly,
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PLEASE WRITE YOUR LETTER TO:
1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No.38, Russian Federation Blvd
Phnom Penh
CAMBODIA
Tel: +855-23-21 98 98
Fax: +855-23-36 06 66
E-mail: cabinet1b@camnet.com.kh
2. Mr. Sar Kheng
Deputy Prime Minister
Minister of Interior
No.275 Norodom Blvd.
Phnom Penh
Cambodia
Fax/phone : +855-23-72 19 05/72 60 52/72 11 90
E-Mail: info@interior.gov.kh or moi@interior.gov.kh
3. Mr. Ang Vong Vathna
Minster of Justice
No.240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855-23-36 41 19/21 66 22
E-mail: moj@cambodia.gov.kh
4. Mr. Dith Monty
President
Supreme Court
No. 30AB, Trasak Paem (St. 63)
Phnom Penh
Cambodia
Tel: +855-23-21 82 43
Tel/Fax: +855-23-21 28 26
5. Mrs. Ly Vuoch Leng
President
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
Cambodia
Tel: +855-23-21 84 60
6. Mr. Henro Raken
Prosecutor General
Court of Appeal
No.14, Boulevard Sothearos
Phnom Penh
Cambodia
Tel: +855-23-21 84 60
7. Mr. Chiv Keng
President
Phnom Penh Municipal Court
No. 31, Monireth (St. 217), corner Street 213
Phnom Penh
CAMBODIA
8. Mr. Uk Savuth
Prosecutor
Phnom Penh Municipal Court
No. 31, Monireth (St. 217), corner Street 213
Phnom Penh
CAMBODIA
9. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Ministry of Interior
No.275 Norodom Blvd.
Phnom Penh
CAMBODIA
Tel/Fax: +855-23-21 65 85/22 09 52
10. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights – Cambodia
N¢X 10, Street 302
Sangkat Boeng Keng Kang I
Khan Chamcar Mon
Phnom Penh
CAMBODIA
Tel: +855-23-987 671 / 987 672, 993 590 / 993 591 or +855 23 216 342
Fax: +855-23-212 579, 213 587
11. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Ms. Afarin Shahidzadeh
Room 3-080
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 91 79214
Fax: +41 22 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)
13. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
c/o J Deriviero
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)
Thank You.
Urgent Appeals Programme
Asian Human Rights Commission (ahrck@ahrchk.org)
