[NOTICE: The AHRC has recently developed a new automatic email-sending system. 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 these authorities are attached below with this appeal. Thank you.]
[UA-281-2006: CAMBODIA: University lecturer is allegedly dismissed for writing a book that is critical of government]
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CAMBODIA: Suppression of freedom of expression and publication; collapse of the rule of law; arbitrary arrest
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Dear friends,
The Asian Human Rights Commission (AHRC) has received the information that Teang Narith, Law and Politics lecturer at Sihanouk Raj Buddhist University in Phnom Penh, who was dismissed on 22 August for writing a book critical of the government ( see UA-281-2006 for more details ) was arrested on September 4. The next day he was brought to court where the investigating judge charged him with the criminal offence of disinformation and sent him to prison. The crime of disinformation carries a prison sentence ranging from six months to three years, a fine from one million to ten million Riels, (US$ 250 to $ 2,500) or both.
Teang Narith, 30 years old, has written a book in the Khmer language entitled Political Philosophy that provides an analysis of the country’s political development and its relations with Vietnam. The book which has yet to be published, seeks to highlight the danger that Cambodia is currently facing. Teang Narith is critical of Cambodia’s current leadership and has held them responsible, among other things, for a grenade attack on peace demonstrators in 1997 that killed nearly twenty persons and wounded more than one hundred, as well as for the relations with Vietnam that are damaging to Cambodia. The book provides evidence and sources that support his claims.
On 3 August 2006, Teang Narith distributed copies of his manuscript to his students at the university. On August 22, the university’s Vice-Rector Hing Yan informed a letter of concern from Secretary of State for Religions and Cults Chhorn Iem to students with a notice that the course taught by Teang Narith was discontinued. This effectively ended Teang Narith’s employment and up until then he had been teaching at the university for four years.
Teang Narith’s dismissal and arrest for writing a book are a blatant violation of his constitutional right to freedom of expression and publication. The arrest was carried out before his lawsuit against his dismal had been adjudicated. There is no probable evidence as yet to prove the three constitutive elements of disinformation as provided for in article 62 of the Cambodian criminal law of 1992, commonly known as UNTAC Law which reads that: (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.
Disinformation is a misdemeanour and an offence that bail would be allowed and, considering the lack of probable evidence, Teang Narith should not have been arrested in the first place and, when arrested, should have been allowed bail. Furthermore he should have his lawsuit against his dismissal adjudicated first.
Teang Narith’s arrest and pre-trial detention are very arbitrary. As they have been doing before, the country’s leadership has used the courts, which they control, to silence and punish their critics. Teang Narith is yet another victim of such a rule.
The AHRC condemns Teang Narith’s dismissal from his teaching job, and his arrest and imprisonment. It urges the Cambodian government to honour its human rights obligations and stop using the courts to silence its critics. It also urges the prosecution and the municipal court of Phnom Penh to drop the charge against Teang Narith.
The AHRC further urges donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this persecution of critics of the government and push for Teang Narith’s release.
SUGGESTED ACTION:
Please write to the relevant Cambodian government authorities listed below and express your concern about this case. Please urge them to respect the freedom of expression and reinstate the victim in the university immediately.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear__________,
CAMBODIA: University lecturer allegedly arrested for writing a book critical of the government
It has come to my knowledge that that Teang Narith, law and politics lecturer at Sihanouk Raj Buddhist University in Phnom Penh, who was dismissed on 22 August for writing a book critical of the government, was arrested on September 4. The next day he was brought to court where the investigating judge charged him with the criminal offence of disinformation and sent him to prison. The crime of disinformation carries a prison sentence ranging from six months to three years, a fine from one million to ten million Riels, (US$ 250 to $ 2,500) or both.
Teang Narith, 30 years old, has written a book in the Khmer language entitled Political Philosophy that provides an analysis of the country's political development and its relations with Vietnam. The book which has yet to be published, seeks to highlight the danger that Cambodia is currently facing. Teang Narith is critical of Cambodia's current leadership and has held them responsible, among other things, for a grenade attack on peace demonstrators in 1997 that killed nearly twenty persons and wounded more than one hundred, as well as for the relations with Vietnam that are damaging to Cambodia. The book provides evidence and sources that support his claims.
On 3 August 2006, Teang Narith distributed copies of his manuscript to his students at the university. On August 22, the university's Vice-Rector Hing Yan informed about a letter of concern from Secretary of State for Religions and Cults Chhorn Iem to students with a notice that the course taught by Teang Narith was discontinued. This effectively ended Teang Narith's employment and up until then he had been teaching at the university for four years.
I am very much concerned at Teang Narith's dismissal and arrest for writing a book. This is a blatant violation of his right to freedom of expression and publication guaranteed and protected by Cambodia's constitution. The arrest was carried out when his lawsuit against his dismal had not been adjudicated yet. I understand that according to article 62 of the Cambodian criminal law of 1992, commonly known as UNTAC Law there must be the three constitutive elements combined to be able to prove 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. The prosecution and the investigating judge have not shown even probable evidence to prove that all these three elements are there to charge Teang Narith. I simply know that the situation in Cambodia is stable and peaceful, and the public peace is not disturbed or will ever be disturbed by Teang Narith's book.
I also understand that, under the same Cambodian law as amended, disinformation is a misdemeanour and an offence that bail would be allowed. Considering the lack of probable evidence, Teang Narith should not have been arrested in the first place and, when arrested, should have been allowed bail. He should have his lawsuit against his dismissal adjudicated first.
Teang Narith's arrest and pre-trial detention are very arbitrary. As they have been doing before, the country's leadership has used the courts they control to silence and punish their critics. Teang Narith is yet another victim of such a rule.
I condemn Teang Narith's dismissal from his teaching job, and his arrest and imprisonment. I request the Cambodian government to honour its human rights obligations and stop using the courts to silence its critics. I also request the police, the prosecution and the municipal court of Phnom Penh to drop the charge altogether against Teang Narith.
I further request donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this persecution of critics of the government and push for Teang Narith's release.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
CAMBODIA
Tel: +855-23-21 98 98
Fax: +855-23-36 06 66
E-mail:cabinet1b@camnet.com.kh
2. H.E.Mr. Sar Kheng
Deputy Prime Minister
Minister of Interior
Phnom Penh
CAMBODIA
E-mail: 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. Judge Chiv Keng
President
Phnom Penh Municipal Court
N¢X 31, Monireth (St. 217), corner Street 213
Phnom Penh
CAMBODIA
5. Mr. Uk Savuth
Prosecutor
Phnom Penh Municipal Court
N¢X 31, Monireth (St. 217), corner Street 213
Phnom Penh
CAMBODIA
6. Mr. Touch Naruth
Police Commissioner
Phnom Penh Municipal Police
Street 53, corner Street 154
Phnom Penh
CAMBODIA
7. Mr. Douglas Gardner
UNDP Resident Representative in Cambodia
Resident Coordinator of United Nations | UNRC
No. 53, Pasteur Street, Boeung Keng Kang I, Chamkar Mon
Phnom Penh (P.O. Box877)
CAMBODIA
Tel: +855 23 214 371 / 214 397 / 211 240 / 211 205 / 216 167 / 216 217 / 213 094
Fax: +855 23 216 257 / 721 042 / 216 863 / 210 214
8. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights - Cambodia
No. 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
9. 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)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
