In Journalists Acquittal, Lessons All Around

RFA Reporter Sok Serey
Khmer Machas Srok Editor Hang Chakra

By Men Kimseng, VOA Khmer
Original report from Washington
25 February 2010

Last week’s acquittal of a Radio Free Asia reporter accused of disinformation has been welcomed by advocacy groups as well as the UN, but observers warn that a number of journalists remain in jail for doing their jobs.

Immediately following the decision of Takeo provincial court, which had tried radio journalist Sok Serey after a story on local corruption, the Cambodian Center for Human Rights touted the decision as “encouraging development for freedom of expression.”

Ou Virak, president of the organization, told VOA Khmer on Tuesday that all courts should consider the possibility of malicious intent when charges are brought against journalists.

In Sok Serey’s case, it was a local official accused of corruption who brought the suit, which carries a criminal charge under Cambodian law. Takeo court officials cited a lack of evidence and malicious intent as the reasons behind the acquittal.

“Judgments in past cases did not take into account that intent,” Ou Virak said. “Only the court in Takeo did.”

The UN’s office for human rights in Phnom Penh called the decision “a significant step towards the protection of the right of human rights defenders and journalists to freely and peacefully express themselves on matters of public interest, without fear of reprisals”.

Sok Serey, two members of the Cambodia-Muslim community and two local rights activists were charged with disinformation following their interviews alleging that the local Muslim imam, Riem Math, and two other members of the committee were involved in corruption.

Ny San, a community member, was subsequently jailed as a result of the case. He will serve five months in jail and was fined $250.

While the decision itself received praise, Reporters Without Borders called for the release of Hang Chakra, the editor of Khmer Machas Srok newspaper, who remains in jail after publishing a story alleging corruption within the powerful Council of Ministers, which is led by Cabinet Minister Sok An.

Reporters Without Borders also called on a re-investigation into the murder of journalist Khim Sambor, who was gunned down along with his son in Phnom Penh ahead of 2008’s July elections.

For Pen Samithy, president of the Club of Cambodian Journalists, Sok Serey’s case served as a reminder that journalists much maintain professionalism and care.

“Long-working journalists will know what to be cautious about,” he said. “This includes keeping their records and finding a balance [in reporting], and the only way to protect themselves is to increase their adherence to facts.”

Radio Free Asia Praises Acquittal in Cambodia Disinformation Case

Feb-19-2010
Source: Radio Free Asia

The RFA's Sok Serey, one villager, and two activists from the Cambodian Centre for Human Rights were released.

(WASHINGTON D.C.) - Today, Radio Free Asia President Libby Liu praised the acquittal of four men, including RFA broadcaster Sok Serey, on charges of disinformation stemming from a report about a Cham Muslim community leader in Takeo province.

“We at Radio Free Asia are pleased that our reporter has been acquitted of the baseless charges against him,” Liu said. “We hope this ruling will reverse the growing pattern of using Cambodia’s legal system to suppress free speech and freedom of the press.”

The Trial’s Background

Serey, a journalist with RFA’s Khmer language service, was among the four men charged with disinformation.

Last year, authorities charged the men following the broadcast of Serey’s report in late 2008 that contained comments from the three other defendants regarding a dispute between Cham Muslim community leader Rim Math and more than 200 villagers from his mosque.

In a complaint filed with leaders of the Cham Muslim community in late 2008, villagers from Borei Cholsar district’s Kampong Yol village, called for the dismissal of Rim Math on the charge of mishandling donations (10 million riels, valued at 2,400 USD) intended for a local project.

In addition to Serey, the other men acquitted were one villager and two activists from the Cambodian Centre for Human Rights. The men’s trial was held on Feb. 9.

Cambodia acquits [RFA] reporter of spreading false info

2010-02-19
Associated Press

A Cambodian court Friday acquitted a journalist for U.S.-based Radio Free Asia on charges that he spread false information when reporting an alleged corruption case.

Takeo provincial court judge Cheng Bunly dropped the charges against radio reporter Sok Serey for a 2008 broadcast about a dispute between a group of villagers and a leader of the ethnic Cham community, who are mostly Muslims.

RFA, based in Washington D.C. and funded by the U.S. government, broadcasts to Asian countries where freedom of the press is regarded as limited or nonexistent.

In a complaint filed in late 2008, about 200 villagers of the ethnic minority accused their leader of stealing 10 million riel ($2,400) from a community project. Sok Serey was charged with spreading disinformation when he broadcast the story.

Sok Serey was not arrested and was allowed to continue reporting.

Three other people, a villager and two human rights activists from the Cambodian Center for Human Rights, also were acquitted on disinformation charges.

In June 2009, a Cambodian editor, whose newspaper published stories alleging corruption in the office of a senior government official, was found guilty of circulating disinformation and sentenced to a year in jail.

Takeo province is about 65 kilometers (40 miles) south of the capital Phnom Penh.

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

Radio Journalist Faces Defamation Charges

The accused (in pink shirt) and human rights activists leave the Takeo courtroom (Photo: Sovannara, RFI)

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
09 February 2010

One journalist and three of his sources went on trial for defamation in Takeo province on Tuesday, with the court scheduling a verdict for Feb. 19.

To Serey, a radio journalist for Radio Free Asia, is accused of broadcasting a report alleging corruption by a local official in the province.

Two human rights workers and a villager who were interviewed by the reporter are also accused of defamation.

All four appeared in court Tuesday, where a five-hour hearing ensued. Evidence against the accused was based on testimony of 12 witnesses, who denied the broadcast report, which said members of the Muslim community had demonstrated against corruption.

Cambodia’s courts have come under increasing criticism for criminal trials of defamation and disinformation, allowed under a recently passed media law.

Critics say the law promotes retributive suits against government dissenters, the opposition and the media.

Defendants released after Takeo court questioning

Friday, 02 October 2009
Chrann Chamroeun
The Phnom Penh Post

Judge gives reporter and rights activists four days to find legal representation.

A RADIO Free Asia reporter and two human rights activists charged with spreading disinformation were released after appearing for questioning before a Takeo provincial court on Thursday.

Their release comes one day after the arrest of their co-defendant, local Cham Muslim leader Ny San, set off a confrontation between military police and shocked members of Borei Cholsa district’s Cham Muslim community.

According to Chheng Sophors, a senior investigator for local rights group Licadho, “RFA reporter Sok Serey arrived in court for the interrogation accompanied by a lawyer. Although he was allowed to go home, the charges against him still stand. All the defendants are awaiting trial.”

The charges were brought against the defendants by Ry Mab, acting representative of the Borei Cholsa Cham, after RFA and the CCHR reported on a leadership dispute involving Cham Muslims supporting Ny San.

Chiep Cheav and Khem Sarom, the two rights activists, who are employed by the Cambodian Centre for Human Rights (CCHR), answered none of the questions directed at them by investigating Judge Tith Sothy. Neither was represented by a lawyer.

“I reserved my full right not to answer any questions regarding the charge of spreading disinformation,” said Chiep Cheav.

“But I asked the judge to suspend his interrogation for 10 days in order to give me adequate time to find a lawyer. He gave us only four days before we have to show up again in court, which I accepted.”

“We refused to accept the charges brought against us. Instead, we advised the plaintiffs to lodge their complaints with the provincial religion department and the Ministry of Cults and Religions, and also suggested that they broadcast their information on Radio Free Asia,” he added.

Because two of the four days allotted to find legal representation will fall on the weekend, Chheng Sophors said he doubted the defendants would be able to find lawyers in time. Nonetheless, Chheng Sophors pledged that Licadho would remain involved.

“We will keep investigating this case until the trial. Today we brought in a UN representative to meet with the judge and find out more about the case, but I don’t know what the two discussed,” he said.

Sacrava's RFA Cartoon: The Asora is called "Aa Mieng Kayeh"

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

23 Dec 2006
By Chey Dara
Sralanh Khmer
Translated from Khmer by Heng Soy

Sok Serei, RFA’s reporter who was injured in an accident last week, asked Sam Rainsy, SRP President, to look after Kem Sos, RFA Khmer Service director, because he (Kem Sos) undertook several irregular actions.

In a statement made to Sam Rainsy in front of reporters, in Calmette hospital, on Thursday morning, when Sam Rainsy went to visit him, Sok Serei claimed that his corruption reports involving government officials that he planned on broadcasting had been prevented by Kem Sos who said that these corrupt officials are his friends and close acquaintances. Sok Serei who was seriously injured to his head, but with improving condition, said that Kem Sos should not mix up professional work with his personal feelings.

Sam Rainsy declined to comment when asked by reporters on the issue raised by this RFA reporter, he said that his visit to Sok Serei at his Calmette hospital bed was mainly because he knew Sok Serei.

Sok Serei also told Sam Rainsy in front of reporters that people are after him because of his reporting on corruptions perpetrated by government officials.

Sok Serei indicated to Sam Rainsy that on some stories, he has to oppose Kem Sos and broadcast stories involving corrupt officials. Sok Serei said that he is certain his determination to publish these stories was the cause of his accident.

Sralanh Khmer could not contact Mr. Kem Sos for clarifications regarding the criticisms raised by Sok Serei. However, an anonymous RFA reporter told Sralanh Khmer that Kem Sos bears several suspecting points.

A few years ago, Mr. Pin Samkhon was removed from his position as RFA director because he was suspected of being indulgent with several government officials and that this affected the work of RFA.