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

Freedom of Expression Respected in Important Verdict by the Takeo Provincial Court

Cambodian Center for Human Rights

FREEDOM OF EXPRESSION RESPECTED IN IMPORTANT VERDICT BY THE TAKEO PROVINCIAL COURT

PRESS RELEASE

PHNOM PENH - 19 FEBRUARY 2010

The Cambodian Center for Human Rights (CCHR) welcomes the acquittals delivered by the Takeo Provincial Court today, Friday 19 February 2010, in the Disinformation cases of two community activists, Ny San and Seb Sein; two CCHR affiliated rights activists, Cheab Chiev and Khoem Sarum; and the Radio Free Asia journalist, Sok Serei. Although the CCHR is disappointed by the guilty verdict for Destruction of Property against Ny San- which was contrary to the evidence of the case - and his sentence of five months imprisonment and a payment of one million riels ($250USD) to the complainant, the Disinformation acquittals and the reasoning behind these acquittals represent an encouraging development for freedom of expression in Cambodia.

The case arises from a petition made by the people of Kampong Youl Village, Takeo Province, which sought an election of new Islamic officials in the Cham Muslim village after allegations that the local Iman, Riem Math, and two other members of the local committee vested with the responsibility of managing the mosque’s fund had mishandled a donation of 10 million Riels to the mosque authorities. As a result of this petition Ny San, Seb Sein, Cheab Chiev and Khoem Sarum were interviewed by Radio Free Asia by Sok Serei and Tin Zakariya on 25 December 2008. It is from this interview that the charges of Disinformation under Article 62 of the United Nations Transitional Authority in Cambodia (UNTAC) Criminal Code arose.

In his verdict, Judge and Deputy President of Takeo Provincial Court, Cheng Bunly, held that the defendants were to be acquitted of the charge of Disinformation owing to the absence of malicious intent – the mental pre-requisite for the offence - on their part. Moreover, the Judge opined that the CCHR affiliated activists as well as the journalist could not be found guilty on the charge of Disinformation as they had merely reported on the demands of the people of Kampong Youl Village. In the opinion of the CCHR, the reasoning of the Judge – insofar as the charges of Disinformation are concerned – is a welcome example of the correct application the offence of Disinformation to the acts giving rise to the criminal charge. In this regard, the CCHR welcomes this decision insofar as it respects the right to freedom of expression in Cambodia and hopes that this verdict serves as an example to the judiciary in their efforts to uphold this fundamental and universal human right.

For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org

Mr. John Coughlan, Legal Officer, CCHR
Tel: +855 89 583590
Email: johncoughlan@cchrcambodia.org

Cambodian Military Police Involved in Brawl with Villagers Outside Takeo Provincial Court

Source: Licadho

October 14, 2009 - On September 30, 2009, more than 30 villagers fought with military police outside Takeo Provincial Court in an attempt to prevent authorities from detaining a community representative from being arrested on groundless disinformation charges.

After several hours of questioning by Takeo Provincial Court Director and Investigating Judge Tith Sothy, Sib Sen and Ny San were charged with disinformation and wrongful damage of property, which stemmed from a 2008 incident where they had removed a fence built by the mosque leaders to cover village land after declaring that it belonged to the community. No reasons were given by court which subsequently released Sib Sen on bail but arrested and detained Ny San.

Editor-in-chief of opposition newspaper summoned by the court

06 June 2008
By Leang Delux
Cambodge Soir Hebdo
Translated from French by Luc Sâr

On Thursday 05 June, the Phnom Penh municipal court summoned Dam Sith, the Editor-in-chief of the Moneakseka Khmer daily newspaper. This summon follows the lawsuit brought by Hor Nam Hong, the Foreign Affairs ministers and vice prime minister, regarding defamation and disinformation.

On 18 April, Moneakseka Khmer, a newspaper close to the SRP, reported what Sam Rainsy said the day before, during the commemoration of KR victims in Choeung Ek. The opposition leader said, without citing any name, that some members of the current government, such as the minister of Finance and the minister of Foreign Affairs were former leaders of the (KR) regime. However, in the accused Moneakseka Khmer report, the newspaper named Hor Nam Hong.

The editor-in-chief was summoned once already by the court, but he asked for a delay. On Thursday, at his exit from the court, Dam Sith said: “The deputy prosecutor asked me to explain Hor Nom Hong’s lawsuit. I replied that I only cited the opposition leader.”

Dam Sith added: “This lawsuit is unacceptable, it’s a violation of the freedom of the press and a political threat because Moneakseka Khmer does not support the ruling party.”

In this lawsuit case, Dam Sith gained the support for the Cambodian Club of Journalists (CCJ). In a communiqué dated 31 May, CCJ indicated: “A sentence against a newspaper which cited a MP or a politician would be an attack on the rights of journalists.”

CCJ asked Hor Nam Hong to withdraw his lawsuit. It also wishes to see that the court gives out a judgment that would assure the respect of the freedom of the press, “a right, not only reserved for journalists, but also for all Cambodians who must have access to the information.”