Activist Released After ‘Flawed’ Jailing

Leang Sokchouen (r) receives flowers from LICADHO President Pung Chhiv Kek (l) outside the Kandal provincial prison upon his release, May 30, 2012. (RFA)

2012-05-30
Radio Free Asia

A former employee of a Cambodian rights watchdog is released at the end of his sentence for distributing political leaflets.

A Cambodian activist was released Wednesday after serving a two-year prison sentence for allegedly distributing anti-government leaflets, a conviction his rights group has called “outrageously flawed.”

Leang Sokchouen, a former Takeo province staff member of the Cambodian League for the Promotion and Defense of Human Rights (LICADHO), was greeted with garlands of flowers by over 100 local and international activists and supporters as he left the Kandal provincial prison.

“I am very sad because I didn’t commit any crime, and yet the court imprisoned me for two years. It is a great injustice against me,” Sokchouen said outside the prison.

New charge, same verdict for activist

Leang Sokchoeun (Photo: The Phnom Penh Post)

Monday, 28 May 2012
Buth Reaksmey Kongkea
The Phnom Penh Post

The Supreme Court on Friday upheld a conviction against a staffer from the rights group Licadho for allegedly distributing leaflets insulting government leaders and the king, but changed the charge against him from disinformation to incitement.

Leang Sokchouen was convicted in August 2010 for allegedly distributing political leaflets, a charge he has denied, by the Takeo provincial court and sentenced to two years in prison in a trial Licadho has decried for judicial misconduct. In July 2011, the appeal court upheld the sentence against him.

On Friday, presiding Judge Khim Pon found that the trial had been valid and that Leang Sokchoeun should serve the remainder of his sentence, which he will have completed on Wednesday.

Speaking after the trial, Leang Sokchoeun said he was innocent.

Khmer Love Khmer leaflets distributed in Phnom Penh on 04 April 2012

This morning, the authorities have been collecting the leaflets shown below. They were distributed in Phnom Penh. The authorities are following up to find out the persons who distributed them. The title of the leaflets states: "Hun Sen, the ASEAN chairman, is a criminal and a drug dealer"

Anti-Hun Xen regime leaflets distributed in Cambodia

Dear Friends:

This leaflet were distributed in many provinces in Cambodia, such as Kampot, Kratie, Preah Vihear, Battambang, Kampong Speu, Pursat and Takeo. The authorities are collecting all these leaflets this morning.

Thanks,

Sar Serey

Nationalist Khmer Voice leaflet distributed in Paris and in Cambodia

Dear Friends and Brothers:

I would like to inform you that the following leaflet was distributed in Paris and in Cambodia on 23 October 2011. There were many provinces such as Preah Vihear, Kampong Thom, Phonm Penh, Kampong Cham, Battambang, Kandal.

Best regards,

S.S.

Anti-government group imprisoned

Friday, 05 August 2011
Buth Reaksmey Kongkea
The Phnom Penh Post

Five men who distributedhundreds of leaflets critical of Prime Minister Hun Sen between the years 2008 and 2011 were sentenced to jail time yesterday by the Phnom Penh Municipal Court.

The leaflets accused the prime minister of selling Cambodian land to foreign countries, calling him a “traitor” and a “puppet of Vietnam”, municipal court judge Sem Sak Kola said.

She added that the leaflet referred to the ousting of the Khmer Rouge on January 7, 1979, as “the day Vietnam occupied Cambodia”.

The verdict, announced yesterday, found all five dissenters guilty of “inciting the people to commit serious crimes against Prime Minister Hun Sen and the Royal Government of Cambodia”.

Court Upholds Prison Sentence for Licadho Staffer

Thursday, 14 July 2011
Chun Sakada, VOA Khmer | Phnom Penh

“The arrest warrant was for Leang Sokly, [alias] Chouen, of Vietnamese nationality, but police arrested Leang Sokchouen, a Licadho staff member of Cambodian nationality.”

The Appeals Court on Thursday said a staff member for the rights group Licadho would remain in jail on charges of distributing anti-government leaflets.

Licadho, which has maintained Leang Sokchoeun’s innocence, denounced the decision.

Police arrested Leang Sokchouen, 28, at his home in Phnom Penh in May 2010 on charges of disinformation after he was accused of delivering leaflets against celebrations of the January 7, 1979, invasion of Vietnamese forces.

Anti-Hun Xen regime leaflets distributed in Stung Meanchey and Chak Angre

Media Statement

Appeals Court Upholds Groundless Conviction of LICADHO Staff

Thursday, July 14, 2011

Leang Sokcheun (Photo: CEN)

The Cambodian League for the Promotion and Defense of Human Rights (LICADHO) strongly denounces the Appeals Court’s decision to uphold Leang Sokchouen’s two-year prison sentence and to change the conviction using legal provisions that were non-existent at the time of the alleged offense.

On August 30, 2010, the Takeo provincial court sentenced Sokchouen to two years in prison on charges of disinformation. The prosecution did not present any in-court witness testimonies or credible evidence. The trial judge only relied on written statements by four dubious witness statements from police officers, ignoring in-court testimony in favor of Sokchouen’s innocence.

On Thursday, July 14, 2011, the Appeals Court judge Pol Sam Oeun issued a verdict upholding the lower court’s verdict against Sokchouen after a two-hour long trial that took place on June 30, 2011, which failed to present any evidence of Sokchouen’s guilt.

In an unexpected move today, judge Pol Sam Oeun changed the original conviction against Sokchouen from disinformation, Article 62 under UNTAC’s criminal code, to incitement, Article 495 under the new Penal Code.

This decision blatantly contradicts well-established principles of criminal law in that it convicts Sokchouen under a legal provision that did not exist at the time of the alleged crime.

“This surprise change in conviction appears to have no legal grounds since it was never mentioned during the June 30th appeal hearing”, says LICADHO President Dr. Pung Chhiv Kek.Article 671 of the new Penal Code stipulates that Sokchouen’s case should be reviewed on the basis of the criminal code that was in effect at the time of his alleged offense on January 4, 2010, that is the UNTAC criminal code. The court violated that article when it changed Sokchouen’s original sentence to incitement under the new Penal Code, which only came into force in December 2010, nearly a year after the alleged offense.

Moreover, the Court’s actions are in violation of Article 5 of the new Penal Code, which states that a judge may neither extend the scope of a law’s application nor interpret it by analogy. In this case, Judge Pol Sam Oeun attempted to justify the change in Sokchouen’s charge by stretching the parameters of Article 10 of the new Penal Code, which implies that a new provision, which prescribes a lighter penalty, shall be applicable immediately. This argument could only be valid if the lower court had charged Sokchouen with incitement under the UNTAC criminal code, which it did not.LICADHO believes that this alarming maneuver by the Appeals Court acknowledges that Sokchouen’s disinformation conviction was unfounded from the beginning and that the lower court should not have found him guilty.

“Sokchouen has always maintained his innocence as we do”, says LICADHO Director Naly Pilorge. “In essence, the judge effectively acquitted Sokchouen of the original conviction against him yet denied him his freedom.

”For more information, please contact:

• Dr. Pung Chhiv Kek, President of LICADHO, 012 802 506
• Naly Pilorge, Director of LICADHO, 012 803 650

Anti-government leaflets drop in PP

Wednesday, 22 June 2011
Meas Sokchea
The Phnom Penh Post

Hundreds of leaflets criticising the ruling Cambodian People’s Party were dropped across Phnom Penh last Friday. The leaflets called on all Khmer people to liberate Cambodia from its leaders – including prime minister Hun Sen, National Assembly president Heng Samrin and senate president Chea Sim. It also accused them of confiscating people’s land by telling them it would be used for development. National Police spokesman Kirt Chantharith said on Monday it was not the first time the leaflet had been scattered. CPP lawmaker Cheam Yeap defended the leaders and said the leaflet’s creators had “blind eyes”.

Voice of Khmer Nationalist leaflets distributed in Kampong Thom and Kampong Cham

Dear Readers,

An anonymous reader sent us this leaflet which was distributed in Kampong Thom and Kampong Cham. We were informed that "[t]he authorities are angry with the leaflets and they are looking for the distributors".

Thank you

Anonymous leaflets distributed in Phnom Penh

Dear Readers,

An anonymous reader sent us the following leaflet and informed us that hundreds of them have been distributed in Phnom Penh during the night of 17 June 2011. The Cambodian authorities arrested many girls in Phnom Penh and accused them of distributing these leaflets.

Leaflet title: "Cambodia should wake up to free their nation from the Yuons and replace the traitor Hun Xen out in order not to allow the confiscation of their lands, and not to allow the killing of Khmers like what happened on the Koh Pich bridge."

KI-Media would like to apologize for posting the wrong leaflet earlier.

10 leaflets found calling for the removal of Hun Xen from power

As Touch Naroth claimed, Cambodia is so developed nowadays, just like this house belonging to a CPP party member that was proudly featured by Hun Xen. Bravo!?!?

23 May 2011
By Sok Serey
Radio Free Asia
Translated from Khmer by KD
Click here to read the article in Khmer

The legal case involving the distribution of anti-government leaflets in 2007 has not even ended yet, now a new case of leaflet distribution is surfacing again. The authority claimed that it came from the same group.

The Phnom Penh authority is pursuing its investigation to arrest suspects involved in the distribution of more than 10 leaflets calling for an uprise against the Cambodian government led by Hun Xen.

The cops indicated that the suspects come from a single group calling themselves “Nationalist Khmer” which spread out leaflets on 3 occasions already starting since 2007.

Touch Naroth, the Phnom Penh police commissioner, said on 23 May that this group has no ability to topple the government, but it is only an opposition voice: “They are fomenting unrest. Therefore, we see that the country is developing this much and there are still dumb people believing this group which talks the same thing over and over.” (sic!)

Man accused of distributing leaflets released by Takeo provincial court

KI-Media was informed that Mr. Khemara (pictured above) who was arrested and jailed since 28 January 2011 under the charge of leaflets distribution, has been released by the Takeo provincial court.

Congratulations to Mr. Khemara for recovering your freedom in yet another case of travesty of justice in the banana kingdom.

"Who made us poor, unemployed and lose our land?" - Anonymous Anti-Hun Xen regime leaflets distributed in Phnom Penh

Click on the leaflet in Khmer to zoom in

Leaflets critical of gov’t leaders spread in front of NatAss building

18 May 2011
Free Press Magazine Online
Translated from Khmer by Soch
Click here to read the original article in Khmer

Hun Xen’s cops indicated that numerous leaflets bearing a message critical of Cambodian government leaders have been found in front the NatAss (aka National Assembly) building at about 06AM on Wednesday.

Touch Naroth, the Phnom Penh police commissioner, told reporters that his cops collected about 10 leaflets bearing a cursing message on the current Xmer leaders. He claimed that these leaflets came from the same source which calls itself “Khmer Nationalist Voice”.

Khmer Nationalist Voice leaflet: Preah Vihear clash was a Viet political trick...

The following leaflet were seen distributed in Kampong Cham province. The authorities are currently looking for its distributors.

Click on the article in Khmer to zoom

New "Khmer Nationalist Voice" Leaflets

“Our country has this kind of law [about criticising government leaders and inciting civil unrest] and it restricts the freedom of expression”

The leaflet involved

The alleged distribution ring

The alleged distribution ring (All photos: CEN)

Leaflet suspects identified


Thursday, 03 February 2011
Phak Seangly
The Phnom Penh Post

Ministry of Interior officials announced at a National Police meeting yesterday that provincial courts had issued warrants for the arrest of four fugitives believed to be hiding in Thailand and suspected of ordering the distribution of hundreds of anti-government leaflets.

Major General Nov Leakhana, deputy director of the Internal Security Department at the Ministry of Interior, said yesterday that a national police investigation had revealed that six men arrested last week on suspicion of distributing anti-government leaflets are believed to be the fugitives’ subordinates.

Nov Leakhana said that three Khmer Krom ‘ringleaders’ and a female suspect accused of disinformation ordered six men to distribute leaflets in Phnom Penh, Takeo, Siem Reap, Battambang, and Preah Sihanouk provinces within the last few months.

Worker for Maryknoll arrested in Cambodia [for alleged distribution of anti-Hun Xen leaflets]

The two alleged leaflet distributors: So Khemrak and Ngor Meng Hong (Photo: CEN)

February 1, 2011
By ucanews.com reporter, Phnom Penh

A worker with the Maryknoll mission in Cambodia has been arrested for allegedly distributing defamatory leaflets against a “Cambodian government politician.”

So Khemrak, a former Royal University of Phnom Penh student, was arrested on Jan. 29, as a result of confessions made by four other people arrested earlier for the same offence in Takeo in southern Cambodia, according to the Khmer-language Rasmei Kampuchea, the country’s most popular daily.

Khemrak denied distributing the leaflets, saying he only overheard one of the other four talking about them.