Ministry of Information backs up the reporters

Wednesday, January 02, 2008
Everyday.com.kh
Translated from Khmer by Heng Soy

The ministry on information (MoInf) issued a statement to support the forum of newspaper editors which was organized at the end of last week, and which demanded the use of the information law rather than the UNTAC-era criminal code against reporters. In its statement dated 01 January 2008, the MoInf expressed its support to the forum demand to use the information law in cases involving the journalism profession, with the exception of accusations made against individuals outside of their profession. This is a new twist for reporters, allowing them to free themselves from the pressure exerted by the executive branch in the past 12 years, which used the UNTAC-era code against them. The support declaration by the MoInf is a positive sign for the reporters who have to face with the executive branch of the government which uses the outdated UNTAC-era criminal code against the reporters (practicing their profession).

Journalists demand an end to the use of the UNTAC-era criminal code against them

Monday, December 31, 2007
Everyday.com.kh
Translated from Khmer by Socheata

A group of 34 newspapers editors and representatives of various newspapers associations issued a 12-point request, among which features the request to the authority to stop using the UNTAC-era criminal code in the sentencing of journalists, and they also asked for several amendments to the information law. The journalists’ demand came after they held a 2-day forum in Sihanoukville on 28 December. The group of newspapers editors asked the government, and in particular, the tribunal, to use the information law instead of the UNTAC-era criminal code whereby journalists could face arrest for expressing their opinion. Representatives of all these journalists said that the use of the UNTAC-era criminal code to sentence journalists means that Cambodia is a country that cannot guarantee the freedom of the press. In 2007, at least 7 journalists faced charges stemming from the use of the UNTAC-era criminal code, and they were accused of writing untrue newspapers articles.

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.”