Waitress, rights worker see suits nixed

Wednesday, 30 May 2012
Phak Seangly
The Phnom Penh Post

Defamation and incitement suits filed, respectively, against a woman suing for sexual harassment and the rights worker who helped her were dropped by the Banteay Meanchey provincial court yesterday.

A bizarre legal tangle emerged in November after waitress Hi Theavy accused Cambodian Mine Action Centre official Oum Socheath and his friend of groping her and using vulgar sexual innuendo in a complaint filed to provincial court.

Oum Socheath counter-sued Hi Theavy for defaming him in radio interviews and filed a complaint against Soum Chankea, the Banteay Meanchey provincial coordinator of rights group Adhoc, alleging he used threats to coerce the young waitress into taking legal action.

Soum Chankea said yesterday he had received letters from the provincial court signed on May 8 by deputy prosecutor Yin Sokuntheary that rejected the charges.

Rights activist fined, the culprit gets away free: Justice-a-la-Hun Xen?

Sam Chankea, Adhoc’s provincial coordinator in Kampong Chhnang province (centre), speaks to reporters outside the provincial court earlier this month. (Photo by: Photo Supplied)

Suy Sem (L) and his wife Chea Kheng (R), the owner of KCD

Court Fines Rights Activist for ‘Defamation’

Kong Sothanarith, VOA Khmer
Phnom Penh Tuesday, 25 January 2011

“The court did not have evidence.”

Kampong Chhang provincial court ordered a human rights worker to pay nearly $1,000 in damages and fines Tuesday, after defamation charges were brought against him by a powerful company.

Sam Chankea, a Kampong Chhnang coordinator for the rights group Adhoc, will pay $750 in damages to the KCD Company, which reportedly belongs to the wife of the Minister of Industry, Mines and Energy.

He was charged with defamation, a criminal charge, in May 2010, after giving an interview to Radio Free Asia on a land dispute between KCD and 64 families who said they were being pushed off nearly 150 hectares of land in Kampong Tralach district.

CCHR Press Release: Following the Conviction of Human Rights Activist, CCHR Calls for a Constitutional Review of the Crime of Defamation

Sam Chankea, Adhoc’s provincial coordinator in Kampong Chhnang province (centre), speaks to reporters outside the provincial court earlier this month. (Photo by: Photo Supplied)

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Kem Sokha not charged with defamation yet: Judge

02 September 2010
Everyday.com.kh
Translated from Khmer by Soch

The judge of the Phnom Penh municipal court rejected the recent information published by local newspapers whereby Kem Sokha, the HRP party president, would have been charged with defamation. Sok Roeun, a judge of the Phnom Penh municipal court, told RFA on Wednesday that he issued a summons for Kem Sokha to come in to clarify the court on 06 September in regards to the lawsuit brought up by former CCHR employees who accused Kem Sokha of corruption when he was the CCHR president. Sok Roeun indicated that he did not charge Kem Sokha with breach of trust and falsification of private letters yet, and he did not charge Kem Sokha with defamation as reported by local newspapers. In response to the question raised by RFA reporter who asked why did it take 4-year for the lawsuit by former CCHR employees to come up, Sok Roeun said that he has the right to bring this case up anytime he wants to.

Kem Sokha cannot show up to court as summoned

Kem Sokha (Photo: Sovannara, RFI)

01 September 2010
Everyday.com.kh
Translated from Khmer by Soch

The Phnom Penh municipal court issued a summons for Kem Sokha, president of the Human Rights Party (HRP), to show up to court on 06 September in regards to the breach of trust and falsification of private letter lawsuit brought up by Dr. Chhim Phal Vorun, a former employee of the Cambodian Center for Human Rights (CCHR) NGO. Kem Sokha summons does not look feasible, Yem Pohnarith, the HRP spokesman, told Kampuchea Thmei over the phone in the afternoon of 31 August. Yem Ponharith indicated that Kem Sokha is currently overseas and he will return back to Cambodia on 14 October. Regarding the court summons for Kem Sokha, Yem Pohnarith said that the latter could write to the court to delay the case as he is on mission overseas. Kem Sokha was the former CCHR president, he later resigned from this NGO to form the HRP. Prior to his resignation from the CCHR, Kem Sokha was sued by his former employees who accused him of corruption, embezzlement of employee funds as well as various planning budget funds.

Kem Sokha charged with defamation

Kem Sokha (Photo: Sovannara, RFI)

Monday 30 August 2010
By Leang Delux
Radio France Internationale
Translated from Khmer by Soy
Click here to read the original article in Khmer

Kem Sokha, President of the Human Rights Party (HRP), was charged with defamation by the Phnom Penh municipal court after he was sued for defamation by former employees of the Cambodian Center for Human Rights (CCHR) at the end of 2006. Along with this charge, judge of the Phnom Penh municipal court also sent a letter to the National Assembly to lift Kem Sokha’s parliamentary immunity as well.

Four years ago, before he became president of the HRP, Kem Sokha was the president of the CCHR. At that time, he was accused by a group of employees of irregularities in the administration of this NGO. The dispute between the employees and Kem Sokha led to numerous exchanges between them at the time. Chhim Phalvorun, a representative of the employees brought many lawsuits against Kem Sokha, among which the employees accused him of defamation, breach of trust, and faking signatures etc…

According to a reliable source, on 30 August, judges from the Phnom Penh municipal court have charged Kem Sokha with defamation.

This is but one action among other lawsuits against Kem Sokha. Chhim Phalvorun indicated that he did not know that the Phnom Penh court charged Kem Sokha, however in the afternoon of Monday, he also showed up to court to clarify the accusations made against Kem Sokha.

On the HRP end, currently Kem Sokha is traveling in the US. Nhem Ponharith, a HRP MP, indicated the same as Chhim Phalvorun, saying that he did not receive information on the charge brought against his party president yet. However, he said that he saw the letter ordering Kem Sokha to show up in court on 06 September in regards to the accusation of breach of trust and falsification of private letters as brought up by Chhim Phalvorun’s lawsuit.

Even though this is not a good sign for Kem Sokha’s political career, Nhem Ponharith still claimed that this lawsuit will not create any problem for his party. The charge issued against Kem Sokha comes at a time when the Phnom Penh municipal court is preparing to hold a new hearing to judge opposition leader Sam Rainsy who was accused of falsifying public document. Sam Rainsy’s case involves a map showing the location of border posts in Chantrea district, Svay Rieng province which he plans on using to show that these border posts were planted inside Cambodian territories.

Hearing in Mu Sochua’s case to take place on 07 April

24 March 2010
Everyday.com.kh
Translated from Khmer by Komping Puoy

A source close the Supreme Court indicated on 23 March 2010 that the court will hold a hearing on 07 April to decide on the appeal case by SRP MP Mu Sochua who is accused of defaming Hun Xen. On 28 October 2009, the Appeal court held a hearing on this defamation case after Mrs. Mu Sochua appealed the decision handed down by the Phnom Penh municipal court which ordered her to pay a $4,100 fine. Mrs. Mu Sochua refused to pay that fine. The Appeal court upheld the decision issued by the lower court. Mrs. Mu Sochua then appealed to the Supreme Court at the end of 2009. Yim Sovann, SRP spokesman, said that Mrs. Mu Sochua is currently traveling to the US and she will returned back by the beginning of April. However, he said that he does not know the date set for the Supreme Court hearing.

Penal Code – Freedom of Expression in Jeopardy: CCHR

Cambodian Center for Human Rights

PRESS RELEASE
PHNOM PENH, Friday 16th October 2009

PENAL CODE – FREEDOM OF EXPRESSION IN JEOPARDY

The Cambodian Center for Human Rights (“CCHR”) is concerned at provisions in the Penal Code which jeopardise the constitutionally guaranteed right to freedom of expression and call on the Royal Government of Cambodia (“RGC”) to bring the embryonic code into line with international standards. Recalling that – via Article 31 of the Constitution of the Kingdom of Cambodia – international law is part of Cambodian law, we note the following concerns:

• Inclusion of the crime of Defamation;
• Use of vague terminology, creating ambiguity and the possibility of abuse of the law;
• Excessive penalties and imposition of the same penalty for attempts to commit a crime as for the crime itself;

The continued Criminalisation of Defamation

Notwithstanding Prime Minster Hun Sen’s 2006 pledge to decriminalise defamation, the offence remains in the Penal Code. Statements by the United Nations (UN) Human Rights Committee of the International Covenant on Civil and Political Rights (ICCPR) support the view that charges of defamation and disinformation should be brought under civil, not criminal, proceedings. This position was reinforced by the Special Rapporteur for Human Rights in Cambodia, Professor Surya Subedi in his recent address to the UN Human Rights Council in Geneva. Accordingly, CCHR calls for the removal of the offence of defamation from the Penal Code to bring Cambodian domestic law into conformity with international principles.

Vague and ambiguous terminology and judicial interpretation

CCHR believes that the vague and ambiguous terminology in the Penal Code creates a lack of clarity in the law, leaving it open to judicial interpretation and potential abuse, for example:

• The Penal Code should differentiate between private persons and those holding public office, bringing it into line with international principles, such that those in public office accept lower immunity from scrutiny, in the interests of open debate and a strong democracy.
• To ensure consistent application and avoid abuse of the law, definitions must be included in the Penal Code itself, rather than training judges to use explanatory notes on each article as suggested by Secretary of State at the Ministry of Justice Hy Sophea.
• Crimes concerning national security should include a public interest override, criminalising only those acts carried out with the intention of undermining national security.
• A standardised system of classification for information of a national security character should be established to remove uncertainty over what the national security provisions of the Penal Code apply to.

Excessive penalties

CCHR is alarmed at the inclusion of excessively harsh penalties throughout the Penal Code, as follows:

• Inclusion of the same penalty for attempts to commit a crime as for commission of the crime itself is disproportionate to the act and inconsistent with international law.
• The penalty of prevention from practicing ones profession should be removed from the Penal Code, such a provision can only serve to deter open and free debate.
• The penalties that can be imposed for any given offence should be limited in number and proportional to the act in question.
• Offences concerning publication of commentaries relating to court proceedings should be restricted to statements intended and likely to undermine the administration of justice. The current provisions in this regard represent a serious prohibition on freedom of expression.

Failure to bring the Penal Code into line with International Law on freedom of expression

CCHR is concerned that the Penal Code fails to bring Cambodian law into line with International Standards. We recall that:

• The definition of Freedom of Expression as per Article 19 (2) of the ICCPR, includes the freedoms to “seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” We opine that the Penal Code should fully reflect this definition, leaving no room for abuse for silencing discussion and debate.
• Article 19 (3) of the ICCPR provides for a proportionality test to ensure an appropriate balance between the right to free expression on matters of public interest, and the protection of individual reputation that necessitate restrictions to freedom of expression. This balance has not been met in the Penal Code, which is tilted in favour of immunity from scrutiny on the part of politicians. This imbalance can only restrict democratic debate to the detriment of Cambodian citizens and the development of a pluralist society founded upon openness to scrutiny, discussion and debate.

Recalling that Article 31 of the Constitution of the Kingdom of Cambodia enshrines into Cambodia law International Human Rights law - namely the Universal Declaration of Human Rights and the ICCPR and the definitions of Freedom of Expression contained therein

CCHR invokes the Human Rights Council to the ICCPRs’ General Comments, crucially:

• “[W]hen a State Party imposes restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself.” And further, that “in no case may...restrictions be applied or invoked in a manner that would impair the essence of a Covenant Right.” The Penal Code - with its excessive restrictions - clearly put the right to freedom of expression in jeopardy, impairing the essence of the right by curtailing the scope for citizens of Cambodia to engage in active debate with the RGC.
• “[I]t is the interplay between the principle of freedom of expression and...limitations and restrictions which determine the actual scope of the individuals right” In this context, the Penal Code’s restrictions to freedom of expression – notably concerning individuals in relation to the crime of defamation – set the scope of the right far more narrowly than what is provided for in ICCPR Article 19.
• Furthermore, “...a general obligation is imposed on all State Parties to respect the Covenant Rights and to ensure them to all individuals in their territory...” This obligation is all the more pertinent under Cambodian Law as a result of Article 31 of the Constitution, and is currently being violated by the Penal Code’s restriction upon freedom of expression.
• This provision is reinforced by Article 26 of the Vienna Convention on the Law of Treaties which states that: “Every treaty in force is binding upon the parties to it and must be performed by them in good faith.” CCHR contends that by passing of the Penal Code in its current form, the RGC fails to uphold the principle of good faith, instead placing severe restrictions upon the exercise of freedom of expression which contravene the right to freedom of expression as defined in ICCPR.

In relation to the applicability of international law, the Cambodian Constitutional Council clarified in 2007 that the judiciary should rely not only upon domestic law, but also the international treaties which Cambodia has accepted. This is fundamental, clarifying as it does the integral role international law plays in the promotion of justice in Cambodia. It is of utmost importance for justice in Cambodian that our laws – and particularly legislation as far reaching as the Penal Code – conform with international law and the treaty commitments Cambodia has undertaken.

In light of the above concerns and given the importance of getting the Penal Code right, we call upon the RGC to heed our concerns and seize the opportunity for critical reflection upon the Code, taking into consideration human rights concerns and an overriding desire to foster principles of democracy in Cambodia. The CCHR supports the efforts of the RGC in clarifying the criminal laws of Cambodia but this must not be done at the fatal expense of expression, discussion and debate. To leave the Penal Code in its current form would establish the principle whereby open journalism is prevented. Such an approach to accountability will be extremely detrimental to a nascent democracy such as our own.

In its current form, the Penal Code contravenes international law on freedom of expression. Consequently, it must be brought into conformity with the Cambodian Constitution through amendments that fully incorporate the standards established in ICCPR and pronouncements made by the Human Rights Council. The CCHR implores the RGC not to lose sight of the principles of justice and human rights upon which this country is based and to make the necessary changes to the Penal Code so as to bring it into line with International Law and the Constitution of the Kingdom of Cambodia.

Opposition Amendments to Penal Law Denied

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
01 October 2009

The National Assembly voted against amendments to a new penal code that opposition proponents said would increase freedom of expression and improve justice and democracy.

Eighty-three of 101 lawmakers present voted against the amendments, to 43 of 672 different articles, in an Assembly heavily dominated by the Cambodian People’s Party.

The penal code, drafted with the help of the French government, seeks to update a combination of 1995 laws, tradition, the constitution and principles of international law.

Yim Sovann, a Sam Rainsy Party lawmaker who supported the changes, told the Assembly session: “The amendments aim to open the possibility of pulling some articles that affect the rights and freedoms of expression for people, and to provide a clear definition of each offense, because we worry there are some negative points in the draft of the penal code.”

He later said he regretted the amendments were not approved, but he hoped the president of the Assembly, Heng Samrin, would allow a full-session debate.

Sam Rainsy Party officials said certain articles in the draft law tighten the freedom of expression and public assembly, while allowing for complaints of defamation and insult that are open for abuse.

Cheam Yiep, head of the Assembly’s finance commission, told the session the amendment requests were “illegal.”

“The amendment requests contradict the internal rules of the National Assembly,” he said.

Minister of Justice Ang Vong Vatana told the session the penal code was written “to serve human rights.”

“Nothing we did is to pressure or close human rights,” he said.

Some human rights organizations have said the penal code’s negative points can be corrected during Assembly debate.

Nobody is allowed to criticize Hun Sen's govt action, not even on Angkor lights

Lawyer calls on KCF head to pay for criticism of Angkor Wat lights

Thursday, 11 June 2009
Written by Chrann Chamroeun
The Phnom Penh Post

"The government shouldn't have sued Moeung Sonn for his concern over the lights at Angkor Wat - which surely damaged the temple, but the government rejected the truth and sued him ... Government officials are now using the court system to discourage all critics" - Rong Chunn.

KCF President Moeung Sonn, who has fled to France, maintains that the government is to blame for public outcry over installation work.

Government lawyer Pal Chan Dara answered questions in Phnom Penh Municipal Court Tuesday regarding his June 2 complaint accusing the president of the Khmer Civilisation Foundation (KCF) of inciting the public and spreading false information.

Moeung Sonn, the KCF president, held a press conference in Siem Reap last month during which he claimed that the installation of new light fixtures had damaged Angkor Wat.

Pal Chan Dara said Tuesday that he asked the court to make Moeung Sonn pay 10 million riels (US$2,400) for severely damaging the government's reputation.

The lawyer criticised Moeung Sonn's "rubbish press conference in Siem Reap", which he said "was absolutely wrong ... and made tourists fearful and unwilling to visit the temple".

Moeung Sonn, who fled to France to avoid arrest, defended his actions in an interview with the Post, saying much of the blame for the outcry over Angkor Wat's new lights lies with the government.

"Government officials [should have] informed the public in advance that the installation of the lights designed to attract more visitors at night ... will not cause damage," he said from France, adding that he had asked Prime Minister Hun Sen, King Sihamoni and King Father Norodom Sihanouk to intervene on his behalf.

The Cambodia Watchdog Council (CWC) condemned the government's use of the judiciary to silence critics in a June 9 press release, and the CWC representative singled out Moeung Sonn's case as typical of the government's attacks on free speech.

"The government shouldn't have sued Moeung Sonn for his concern over the lights at Angkor Wat - which surely damaged the temple, but the government rejected the truth and sued him," Rong Chunn, the CWC representative said. "Government officials are now using the court system to discourage all critics."

Samak Sundaravej may end up in jail for defamation

Former Thai prime minister’s jail term upheld

September 26 2008
By Tim Johnston in Bangkok
Financial Times (UK)

A Thai appeals court has upheld a conviction and two-year jail sentence against Samak Sundaravej, confirming the downfall of a famously controversial politician who was until three weeks ago the country’s prime minister.

Mr Samak was forced out of office earlier this month after another court found he had violated the constitution by accepting paid employment as a television chef while holding national office.

On Thursday the appeal judges said they had found no reason to overturn a lower court decision that convicted Mr Samak of defaming the deputy governor of Bangkok in another television appearance, this time on a political talk show he hosted in January 2006.

He had accused the deputy governor, Samart Ratchapolasit, of receiving a luxury car as a gift from a construction company. Mr Samart was able to prove he had paid for the car.

Mr Samart is also pursuing the former prime minister through the civil courts, where he is seeking 100 million baht ($2.95 million) in damages.

Mr Samak, who used to host the television programme “Cooking and Grumbling”, has courted controversy throughout his long political career, and the appeals court said his refusal to back down in the libel case had contributed to their judgement.

“The courts have given the defendant chances to reform and change his behaviour but the defendant has not changed. So there is no reason to reduce the punishment,” the judgement said.

Mr Samak’s lawyer said his client would appeal the verdict to the Supreme Court, and the former prime minister remains free on bail.

Thursday’s decision is the latest blow to the country’s ruling People Power Party, which Mr. Samak used to head, and its senior members.

The party is facing a sustained challenge from both prosecutors, who accuse senior PPP officials of vote buying – charges that could result in the party being disbanded – and from an opposition group known as the People’s Alliance for Democracy, which forcibly occupied the Prime Minister’s offices in central Bangkok on August 26.

PAD has promised to continue its occupation of Government House until the government falls. They say both Mr. Samak and Somchai Wangsawat, who has succeeded him as Prime Minister, are too close to Thaksin Shinawatra, another former prime minister whom they accuse of corruption.

Mr Thaksin was thrown out of office in a military coup in 2006, but when the military called elections last year, they were convincingly won by Mr Samak, who was widely regarded as Mr Thaksin’s proxy.

The combative Mr Samak did little to appease his opponents, but Mr Somchai has taken a more conciliatory line since taking office last week.

But many people expect the new government to be short-lived: the courts are deliberating on charges that the People Power Party was involved in vote buying during the last election.

If the court finds the charges to be true, the party will be dissolved and new elections will be called. If so, they will be the fourth ballot in five years.

Top Royalists Lock Horns in Lawsuit [-NRP's You Hockry vs F'pec Serey Kosal]

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
12 September 2008

Two senior officials from opposing royalist parties were called into a Phnom Penh court Friday, in a defamation and disinformation complaint highlighting the fractured nature of Cambodia's royal politics.

Norodom Ranariddh Party Secretary-General You Hockry filed a complaint on June 19 against Funcinpec Deputy Secretary-General Serey Kosal, accusing him of defamation and disinformation for comments made ahead of July's election.

Both men were called into court Friday. If found guilty, Serey Kosal faces up to five years imprisonment and 100 million riel, or $25,000, in fines.

Newspaper sued by Cham Prasidh for revealing alleged love triangle

Cham Prasidh and his wife, the powerful Lok Chumteav Tep Bopha Prasidh

Newspaper editor summoned stemming from Cham Prasidh’s lawsuit

Thursday, November 15, 2007
Everyday.com.kh
Translated from Khmer by Heng Soy

The Phnom Penh municipal court issued a summon for the editor of the Phen Dey (Earth) Khmer (PDK) newspaper to show up at the court on 16 November 2007, to clarify about a published article on Cham Prasidh, the minister of commerce. The Rasmei Kampuchea newspaper reported that the summon was issued to the PDK editor after Cham Prasidh sued the newspaper for defamation and publication of false information. The article targeted by Cham Prasidh, which forced him to sue the newspaper, was published on 01 October 2007 and it involves Cham Prasidh’s love triangle. According to the Rasmei Kampuchea, Ten Borana, the PDK editor, already received the summon and he is looking for backup information to show to the court to legally defend himself.

Nhiek Bun Chhay plans to sue two local newspapers for defamation

30 August 2007
By Sok Serey
Radio Free Asia
Translated from Khmer by Heng Soy

Nhiek Bun Chhay, vice-prime minister and Funcinpec secretary-general, claimed that the he is currently preparing lawsuits – to be sent to the Phnom Penh municipal court in the near future – against two newspapers for defaming him. He accused the two newspapers of publishing false information which affected his honor.

The two Khmer-language daily newspapers he plant to sue are: Samleng Yuvachon Khmer (Voice of Khmer Youth), and Khmer Amatak (Eternal Khmer).

Nhiek Bun Chhay told RFA on Wednesday that he is currently preparing the complaints so that his lawyer can hand them over to the Phnom Penh municipal court shortly.

Nhiek Bun Chhay said: “I have prepared these complaints, and maybe tomorrow or so, I will hand in the complaints because these NRP-supporting newspapers publish false information. Samleng Yuvachon and Khmer Amatak publish today information which affected me.”

He clarified that he has the full freedom to travel outside of the country as normal, and that there is no (travel) restriction (imposed on him) by the authority as a number of newspapers reported recently: “This information is false, I went to Thailand and I just came back. In a day or two, I will leave (to overseas) again.”

Regarding the plan to sue the 2 newspapers, Liev Sovanna, a defense lawyer involved in the lawsuit brought up by Prince Ranariddh, said that he did not receive the request from Nhiek Bun Chhay yet, but that he will handle these lawsuits as soon as Nhiek Bun Chhay will ask him to. He indicated that in his position as a lawyer, he has no political preference: “I did not yet receive Nhiek Bun Chhay’s request, maybe, he didn’t request yet.”

Reacting to Nhiek Bun Chhay’s lawsuits plan, Keo Sothea, the editor of the Samleng Yuvachon Khmer said: “If it involves an actual mistake, I will issue a correction or clarification.”

Bun Tha, editor of Khmer Amatak, reacted by saying: “We already know about the drug case, when (the story) is published, he must send a written clarification letter, not just for newspapers, but for the general public. In Cambodia, the drug issue is very stinky, it is a very bad issue.”

On 01 April 2007, a joint police force raided and confiscated about 6 tons of raw material used in drug production, in Treng Troyeung commune, Phnom Sruoch district, Kompong Speu province, and also in Phnom Penh, and the authority arrested 18 people during the raid: 14 Cambodian citizens and 4 foreigners.

In August, the authority arrested 2 important suspects: Oum Chhay who was the advisot of the National Assembly President Heng Samrin, but he committed suicide by jumping down a building on 21 August; and Chea Chung, the owner of the land and the farm where the raw drug material was stored. Chea Chung is known as the former advisor of Nhiek Bun Chhay.

After more than a decade-long, Cambodia now puts an end to the use of the often-abused UNTAC-era law

Hun Sen announes the use of the new criminal procedure code

14 August 2007
By Sophorn
Radio Free Asia
Translated from Khmer by Socheata

Prime minister Hun Sen announced the use of the new criminal procedure code which will push the justice system into more efficiency in the future.

In a conference to announce the new criminal code on 13 August, Hun Sen said that the code was set up to bring improvement and to fill in the gaps in the current criminal code, such as the strengthening of the defense right for people who are charged, the expansion of the rights of the victims, and the increase in the review of the court authority and the court police.

Hun Sen added that, with this law, the military police will be part of the court police, and so does the ministry of women affairs when it comes to human trafficking, the ministry will also bring charges to issues involving human trafficking.

End of the UNTAC-era criminal code

Hun Sen said: “Now, as his excellence the French ambassador spoke just now, the UNTAC-era criminal code is closing its chapter, and the new criminal code is in effect from now on. The criminal procedure code is a new code for Cambodia which includes several rules and regulations which have been modified and added. This criminal code was set up to improve and fill in the gaps in the current law. Moreover, this code provides a number of new procedures regarding the investigations by the court police, the criminal filing, the procedure for investigation, and the procedure for judgment, as well as the application of the sentence also.”

At that press conference also, Ang Vong Vathana, the minister of justice, said the code is different from the civil code because when it is signed into law by the king, the criminal code is immediately becoming effective.

Huon Chun Dy, program director and chairman of the lawyers group of the Community Legal Center, indicated that the new criminal code include major changes from the UNTAC-era law.

The new criminal code includes 612 articles, and 11 sections. In the past Cambodia used the UNTAC-era law which the majority of Cambodians consider lacking in transparency.

Defamation is removed from the (crimina) law (it is still in the civil code)

Another important point in the new criminal law is the removal of the defamation charge which is now moved to the civil code.

Based on this decision, those involved in defamation cases will no longer be sent to jail as it was under the UNTAC-era law.

Hun Sen added: “In order to protect the freedom of expression, we, at the government, decided on this code, and even the criminal code that the French first drafted also bring charges for defamation. However, when it comes to us, we met and we decided that it is better to educate the news professionals so that they weigh in into their writings, and we remove the jail time and consider it a civil case instead. But, now I am also calling on journalists not to curse because you cannot be imprisoned, do not continue to curse.”

Editor Appeals to Plaintiff to Drop Defamation Suit

Chun Sakada, VOA Khmer
Original report from Phnom Penh
25 July 2007

The editor of an opposition newspaper appealed to a Norodom Ranariddh Party official Wednesday to drop defamation charges against him in exchange for a published clarification.

Thach Ket, editor of Sralanh Khmer, which favors the Sam Rainsy Party, said he thought the suit filed against him by Sao Rany was perhaps proper, but that he would publish a clarification if it would prevent the lawsuit.

Sao Rany claims a Sralanh Khmer story defamed his daughter.

"I think Sao Rany's complaint is proper," Thach Ket said. "His complaint is about defamation, and it involves him, his daughter and his family. I appeal for him for a clarification, and I will publish this clarification to stop the suit."

Sao Rany declined comment, but his lawyer, Liv Sovanna said the defendant must write a letter to the plaintiff signaling his intent.

Thach Ket must "clarify that he acknowledges he is willing to talk," Liv Sovanna said. "He admits he might have made a mistake in his profession. Whatever he wants me to do, he should write to me about it."

Ranariddh’s lawsuit suspended

Thursday, May 17, 2007
Everyday.com.kh
Translated from Khmer by Socheata

The lawsuit brought up by prince Ranariddh against Nhiek Bun Chhay, Funcinpec Secretary-General, accusing the latter of defamation because Nhiek Bun Chhay sued the prince for the sale of Funcinpec headquarters, was suspended by the Phnom Penh municipal court. Liv Sovanna, the lawyer of Prince Ranariddh, told the Rasmei Kampuchea newspaper on 16 May that the lawsuit brought up by Nhiek Bun Chhay against the prince in November 2006, is a defamation because the prince has no intention of selling the party headquarters, therefore the prince countersued and accused Nhiek Bun Chhay of defamation. It was only until 30 April 2007 that the court notified that it decided to suspend the prince lawsuit case against Nhiek Bun Chhay. Liv Sovanna said that he reported the issue to the cabinet of the prince in order to obtain an opinion as to whether to appeal this case or not.

Nhiek Bun Chhay is suing the Voice of Khmer Youth newspaper

Wednesday, May 9, 2007
Everyday.com.kh
Translated from Khmer by Socheata

Nhiek Bun Chhay, Funcinpec secretary-general, sent a complaint to the Phnom Penh municipal court to sue the editor of the Samleng Yuveakchun Khmer (Voice of Khmer Youth) newspaper – which currently supports the NRP – for defamation because the newspaper published articles which affect his honor and reputation, and also those of the Funcinpec party. The articles brought up Nhiek Bun Chhay are (1) titled as “ Nhiek Bun Chhay involved in the investigation of drug in Kompong Speu”, and (2) titled as “ Where is Chea Chung, the leader of the drug production?” In his lawsuit, Nhiek Bun Chhay refutes the information published by the newspaper, and he accuses them of being untrue and constitutes defamation. He requested the court to sentence the newspaper. Keo Sothea, the newspaper editor, told the Rasmei Kampuchea newspaper that he did not know about this lawsuit yet, however, he said that whatever he published was not slander against Nhiek Bun Chhay. He said that he receive information from various sources which provide these information.