Showing posts with label Defamation and Disinformation lawsuits against govt critics. Show all posts
Showing posts with label Defamation and Disinformation lawsuits against govt critics. Show all posts

Wednesday, September 15, 2010

Deny it … even if the denial is a lie


Tith Sothea, the PQRU mouthpiece (Photo: The Phnom Penh Post)

Government official rejects Civil Society report

14 Sept 2010
By Eng Kim Cheang DAP news Translated from Khmer by Ko Theak

Phnom Penh – Tith Sothea, the government adviser and mouthpiece for the Press and Quick Reaction Unit (PQRU crew) of the Council of Ministers, rejected the report issued by a group of Civil Society organizations indicating that freedom of expression in Cambodia is being oppressed by the government and that opposition MPs are always being dealt with the law when there are problems between them and the government or government officials.

Tith Sothea said in the afternoon of 14 Sept 2010 that the group of civil society’s decision to issue the report is a wrong action that does not reflect democracy in Cambodia that the people are promoting (sic!), furthermore, this report does not have clear bases and it was issued by small group that is politically-oriented. Tith Sothea added that, for those who contravene the law, they will be dealt with the judicial system because the Cambodian tribunal is fair (sic!), therefore those who have problems [with the government], they will be dealt by the judicial system.

The civil society report raised the issue of freedom expression, the core of democracy, and it is viewed as telling the government that all the government actions seem to be aimed at eradicating freedom of expression and destroying democracy in Cambodia.

Thursday, June 17, 2010

Cambodia courts inadequate to give justice to poor: U.N.

Thu, Jun 17 2010
Prak Chan Thul
"My position as an international lawyer, nobody should be sent to prison for exercising freedom of expression" - Surya Subedi
PHNOM PENH (Reuters) - Cambodia must bolster the independence of its judiciary to ensure it can provide justice for all, including the poor who often appear to have little chance of legal redress, a U.N. rights official said on Thursday.

Cambodia has for years been rebuilding its institutions after decades of conflict and turmoil, including the Khmer Rouge "Killing Fields" rule, but its judiciary remains weak and prone to interference, critics say.

Surya Subedi, United Nations Special Rapporteur for human rights in Cambodia, said he was troubled by disputes over land and, in a reference to the government's tough stand on dissent, what he described as a narrowing of political space for debate.

"I call on the Royal Government of Cambodia to introduce appropriate measures to enhance the independence and capacity of the judiciary to enable it to function as an institution capable of providing justice to all," Subedi told a news conference at the end of a 10-day fact-finding visit.

In a drive to attract foreign investment, Cambodia has awarded big concessions to companies, most from China, Vietnam and South Korea, to run mines, power plants, farms and plantations for sugar, rice and rubber.

But non-governmental groups and opposition politicians have accused the government of evicting villagers from their land without negotiation or adequate compensation to make way for some concessions.

POOR AND WEAK

Subedi called on the government to reform the judiciary to ensure fairness when such disputes arise.

"Many judges may have the necessary commitment to deliver justice according to law, but for many this commitment is compromised by external interference and for others the commitment is just not there," he said.

"If you are poor and weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management systems, or through the courts."

The government denies the accusations of land-grabbing, saying evictions are lawful and compensation is more than adequate.

The government, dependent on aid from foreign allies and international organizations, has often shown impatience with criticism of its human rights record.

Subedi said he was disappointed about the cancellation of a meeting with Prime Minister Hun Sen for health reasons, but said other senior government and judicial officials whom he met had promised reform.

Subedi also referred to the case of a prominent opposition politician and former minister of women's affairs, Mu Sochua, who was sued by Hun Sen after she accused him of defamation.

"I am troubled by the ... narrowing of political space for critical debate in society, due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents," he said.

Mu Sochua lost her legal battle with the prime minister but has refused to pay a $4,000 fine, saying she would prefer to go to jail.

"My position as an international lawyer, nobody should be sent to prison for exercising freedom of expression," Subedi said.

(Editing by Robert Birsel)

Cambodian courts 'troubling'

Jun 17, 2010
AFP

PHNOM PENH (Cambodia) - THE UN special rapporteur for human rights urged Cambodia on Thursday to boost judicial independence as he warned that courts faced 'tremendous challenges' in providing justice for the poor.

Surya Subedi said a range of issues, including external interference in proceedings and a lack of awareness of human rights standards, meant the public did not have confidence in the legal system.

Wrapping up a 10-day fact-finding mission on the workings of the courts system - which has faced accusations of corruption and political tampering in the past - Mr Surya said obtaining justice for the poor and marginalised was a particular problem. The UN representative said he was 'troubled' by the impact of land disputes and resettlement on ordinary people.

'If you are poor, weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management system, or through the court,' he told a press conference. Cambodia has faced mounting criticism over the past few years because of a spate of forced evictions throughout the country at the hands of army and police.

Mr Surya - who was appointed last year after his predecessor Yash Ghai resigned following a war of words with the government - also expressed concern about the 'narrowing of the political space for critical debate' because of the disproportionate use of court actions.

Rights groups have heavily criticised authorities in the past year for launching a number of defamation and disinformation law suits against critics and opposition members.

Wednesday, March 17, 2010

Hun Sen and his party have used libel suits in compliant courts to gain total control of the political system

The Global Decline In Democracy

13/03/2010
Newsweek

Political freedom blossomed in the developing world in the 1990s and early part of this century. While authoritarians still ruled most of Africa, Eastern Europe, and Asia in 1990, by 2005 democracies had emerged across these continents. The Soviet Union had morphed into Russia, a freewheeling society that seemed to bear little resemblance to its grim predecessor. With the fall of Saddam Hussein, the overthrow of the Taliban, the apparent end of military interventions in Turkey, and the reformist presidency of Mohammad Khatami in Iran, even the Middle East, long the laggard in democratic reform, appeared to be joining the trend. In 2005, Freedom House noted that only nine countries experienced rollbacks of democracy; in its report in 2009, it registered declines in "40 countries in Africa, Latin America, the Middle East, and the former Soviet Union." Indeed, the organization found that the number of electoral democracies had fallen back to 116, its lowest number since 1995.

The culprits in democracy's decline may come as a surprise. Many of the same middle-class men and women who once helped push dictators out of power are now seeing just how difficult it can be to establish democracy, and are pining for the days of autocracy. Why has this happened? In many cases because the early leaders of the young democracies that emerged in the 1990s failed to recognize that free societies require strong institutions, a loyal opposition to the ruling party, and a willingness to compromise. Instead, they saw democracy as just semiregular votes; after they won, they then used all tools of power to dominate their countries and to hand out benefits to their allies or tribe. This narrow interpretation of democracy not only distorted the true meaning of the word but also alienated the public in many countries, who became disgusted that these democrats seemed no more committed to the common good than their authoritarian predecessors.

Too often, Western nations, which after 9/11 refocused their attention from the democratization of the 1990s to the war on terror, said little as democracy went down the drain. Sometimes, the West simply no longer had the time to stand up for democrats abroad. Other times, as in the case of Malaysia and Pakistan, authoritarian rule suddenly benefited the West, since the U.S. could rely on autocrats to help detain terror suspects indefinitely. Meanwhile, the Bush administration's linkage of the war in Iraq to democracy promotion tainted democratization in the minds of many, particularly in the Middle East.

The global economic crisis has also damaged democracy's appeal. To many middle-class men and women in the developing world, the spread of democracy was linked to the spread of capitalism, since many of these countries opened their economies at the same time as they embraced political freedom. As the crisis cuts into people's incomes, many blame democracy, in part, for the economic downturn. Dominican President Leonel Fernández said as much. "Expectations over the prospects of democracy in the region [Latin America] have given way to disillusion as democracy failed to boost economic prosperity," he declared at a summit of Latin leaders in 2008.

The result is that on nearly every continent, democracy is sputtering out. In Iraq, the first post-Saddam leaders relied on the bluntest tools of intimidation to defeat their rivals and rise to the top of the political system, disillusioning the population. In the recent Iraq election, voter turnout dropped from the 2005 poll, despite extensive advertising prodding people to vote. In the Philippines, President Gloria Macapagal Arroyo in 2006 used an emergency decree to, in effect, declare martial law, and her reign has coincided with an increasing number of abductions and killings of left-wing activists by the security forces. In Cambodia, Prime Minister Hun Sen and his party, though also elected, have used libel suits in compliant courts and, allegedly, beatings and killings of activists to gain total control of the political system. In Russia, starting in 2000, Vladimir Putin took advantage of widespread anger at the collapse of Russia's economy in the 1990s to push through changes that crushed any chance for real democracy, replacing elected regional governors with ones appointed by the Kremlin, taking over nearly every independent political party, and neutering most of the media. Venezuela's Hugo Chávez has for more than a decade used his oil wealth to maintain broad popularity with the poor, winning election after election even while turning virtually the entire political establishment into a sycophantic chorus by shutting down independent media outlets, packing prominent state companies with his cronies, and using a national referendum to wipe out his term limits. And in many African countries, so-called reformers, like current Kenyan President Mwai Kibaki, came to power vowing to promote real political freedom but soon used their office simply to crush rivals and favor their own ethnic allies.

Monday, March 01, 2010

Call for the release of Hang Chakra

Hang Chakra (Photo: Sok Serey, RFA)

01 March 2010
Everyday.com.kh
Translated from Khmer by Socheata

Family members of Hang Chakra, the Editor-in-chief of the Khmer Machas Srok newspaper, renewed their call for the release of Hang Chakra who is currently jailed in Prey Sar prison, and to allow him to go home before the upcoming Cambodian New Year. Radio Free Asia reported that Hang Pisey, Hang Chakra’s daughter, said, while accepting gift from overseas donors sent through the Club of Cambodian Journalists on Saturday 27 February 2010, that she is asking the king and the government to release her father prior to Cambodian New Year celebration so that he can reunite with his family because “we suffer hardship and we want him to come and live near us. In summary, even if we don’t have anything, just let my father be at home.” Mrs. Sim Suokea, Hang Chakra’s 54-year-old wife, told RFA that if the government releases her husband, she would be so happy. Hang Chakra, the Editor-in-chief of the Khmer Machas Srok newspaper, was sentenced to one-year of jail term by the Phom Penh municipal court on 26 June 2009 for disinformation and defamation.

Tuesday, September 22, 2009

SRP MP Ho Vann's defamation charge dropped, but The Cambodia Daily's Kevin Doyle and Neou Vannarin found guilty of defamation

In this picture taken on Sept. 9, 2009, Irish journalist Kevin Doyle, 41, the editor-in-chief of the well-known local English newspaper Cambodian Daily, enters the Phnom Penh Municipality Court in Phnom Penh, Cambodia. On Tuesday, Sept. 22, the court found two journalists, including Doyle, guilty of defamation for publishing an article in which an opposition leader criticized dozens of high-ranking military officers. (AP Photo/Heng Sinith)
SRP MP Ho Vann

Cambodian court convicts 2 journalists, including Irish national, of defaming army officers

Tuesday, September 22, 2009
By Sopheng Cheang The Canadian Press
PHNOM PENH, Cambodia — A Cambodian court found two journalists, including an Irish national, guilty of defamation Tuesday for publishing an article in which an opposition leader allegedly criticized dozens of high-ranking military officers.

The ruling was the latest in a series of legal judgments this year that human rights groups charge are part of a campaign of intimidation against critics of the government.

Phnom Penh Municipal Court Judge Sin Visal ordered Cambodian Daily Editor-in-Chief Kevin Doyle and Neou Vannarin, a Cambodian reporter at the same newspaper, to pay a total of 8 million riel ($1,927) in compensation to a group of senior military officers about whom the paper reported.

"The article published in their paper caused confusion among the Cambodian people and damaged the dignity of the military officers," Sin Visal told the court.

Doyle, 41, refused to comment when leaving the court after the ruling.

Last month, the same court convicted outspoken opposition legislator Mu Sochua of defaming Prime Minister Hun Sen and ordered her to pay 8.5 million riel ($2,000) to the state and another 8 million riel ($1,882) in compensation to Hun Sen.

In July, the U.S.-based group Human Rights Watch called on Hun Sen's government to "end its campaign of harassment, threats, and unwarranted legal action aimed at consolidating its rule by silencing the political opposition and peaceful critics."

It said senior Cambodian government leaders and military officials had filed "at least nine politically motivated criminal defamation and disinformation cases against journalists, opposition members of parliament, lawyers, and government critics."

"The Cambodian government is imposing its most serious crackdown on freedom of expression in recent years," the group quoted its Asia director, Brad Adams, saying.

Tuesday's case began after The Cambodia Daily ran a story in April in which opposition lawmaker Ho Vann was cited describing as useless military certificates received by 22 well-connected officers in a yearlong program in Vietnam.

The officers sued Ho Vann for defamation. He insisted the newspaper had misquoted him and said he had repeatedly asked it to run a correction but it failed to do so.

Sin Visal on Tuesday dropped the defamation charges against Ho Vann.

Wednesday, August 26, 2009

SRP MP Ho Vann is not sure whether he will attend the court hearing

Wednesday, August 26, 2009
Everyday.com.kh
Translated from Khmer by Socheata

SRP MP Yim Sovann, spokesman for the SRP, told the Rasmei Kampuchea newspaper on Tuesday 25 August that he did not receive clear indication as to whether MP Ho Vann will attend the Phnom Penh municipal court hearing scheduled for 09 September or not: “He (Ho Vann) is thinking about this issue. Right now, Mr. Ho Vann is in the US.” Sok Roeun, representative of the prosecution issued a summon ordering SRP MP Ho Vann to attend the 09 September hearing. The court summon stipulated that: “In the case the accused does not show up to the Phnom Penh municipal court on the date set, the court will sentence Mr. Ho Vann behind closed door.” Nevertheless, Yim Sovann claimed that Mr. Ho Vann does not seem to have a lawyer representing him legally for the court hearing, just like in the case of Mrs. Mu Sochua.

Tuesday, August 25, 2009

SRP MP Ho Vann summoned to court on 09 September

Click on the court summon in Khmer to zoom in

Tuesday, August 25, 2009
Everyday.com.kh
Translated from Khmer by Socheata

The Phnom Penh municipal court summoned SRP MP Ho Vann to come to the court on 09 September 2009 at 2:30PM to answer about the defamation and disinformation accusations leveled against him. The court summon indicates that, in the case Ho Vann does not show up in court, the court will hand down a decision behind closed door. Regarding this summon, MP Yim Sovann, the SRP spokesman, said that at this time, Ho Vann is currently in the US and he cannot be present at the court hearing. Yim Sovann added that, even if Ho Vann will not show up in court, the SRP will not send in representatives to attend the court hearing because Ho Vann’s case, just like the case of Mrs. Mu Sochua, are political cases that he does not pay attention and he does not value this hearing at all. Ho Vann was sued by 22 high-ranking military officers [known as Hanoi PhDs] regarding a news article published on 21 April, allegedly quoting Ho Vann as criticizing these PhD diplomas granted to these 22 Hanoi PhDs by the Viet military institute.

Thursday, July 02, 2009

Imprisoned opposition publisher suffers diminishing health: lawyer

Opposition editor Hang Chakra with SRP lawmaker Mu Sochua outside Phnom Penh Municipal Court earlier this month. (Photo by: Heng Chivoan)

Wednesday, 01 July 2009

Written by Meas Sokchea
The Phnom Penh Post

Hang Chakra, sentenced last week to one year in prison for defamation, says he hasn't been able to sleep or eat since he was incarcerated.

THE lawyer for jailed opposition newspaper publisher Hang Chakra said Tuesday that his client has gone without sleep or food since he was imprisoned last Friday, and that he would write a formal complaint about his health to the court.

"I went to visit my client on Monday at Prey Sar prison. He told me he could not eat or sleep," lawyer Choung Chou Ngy told the Post Tuesday.

"This could make him sick, so I am now preparing two letters to the court to have him released from prison and one more letter to the Appeal Court," he said.

Hang Chakra, who publishes the Khmer Machas Srok newspaper, was sentenced to one year in prison for after a judge last week found him guilty of publishing false information pertaining to a high-ranking government official and his staff.

No justice

Choung Chou Ngy claims his client, who was arrested and sentenced the same day, wasn't given a chance to defend himself, and that his health problems were likely a result of shock.

"The court did not let my client defend himself. Even I, his lawyer, was not given the chance to defend him," Choung Chou Ngy said. "Their aim is to imprison my client rather than seek justice."

Family expresses concern

Hang Chakra's family has also expressed concern over his health.

"I worry so much about my father's health because he has got multiple illnesses," Hang Chakra's daughter Hang Nethra, 20, said Tuesday.

Hang Nethra said that she wrote a letter through human rights organisations on Monday to get permission to visit her father.

Am Sam Ath, monitoring supervisor for rights group Licadho, said Tuesday his organisation had sent the letter but had not yet received a response.

"We wrote to the general department of the prison on Monday to allow his daughter and Licadho doctors see him because his health is not so good," Am Sam Ath said.

Heng Hak, general director at the prison, said Tuesday that he had not yet received the letter, adding: "If the court provides permission, they will be permitted to visit [Hang Chakra] in prison."

Saturday, June 20, 2009

UN, civil society, criticize Cambodian government's string of lawsuits against media, opposition figures

19 June 2009
SOUTHEAST ASIAN PRESS ALLIANCE (SEAPA)

The Cambodian government's filing of several defamation and disinformation lawsuits not only against journalists but opposition lawmakers as well, pose a "serious threat" to the country's development, the UN's human rights envoy said on 15 June 2009.

"The Phnom Penh Post" said UN High Commissioner for Human Rights Surya Subedi issued the statement upon his arrival in in Cambodia's capital, noting that the past two months have seen an increase in the number of high-level government officials filing eight separate defamation and disinformation suits against government critics.

"These actions undermine the constitutional freedom of opinion and expression which everyone in Cambodia is entitled to, and which is the cornerstone of the exercise of civil and political rights," the statement said.

"Pursuing the current complaints may reverse the course of the still fragile democratic development process," it added.

The statement cited the complaints filed by government officials, including separate cases against opposition party president Sam Rainsy; SRP lawmakers Mu Sochua and Ho Vann; Hang Chakra, publisher of the "Khmer Machas Srok" newspaper; Khmer Civilisation Association President Moeun Sonn; and Soung Sophorn, a 22-year-old student.

Local civil society groups claimed the government has enlisted the UNTAC criminal code's Articles 62 [disinformation] and 63 [defamation and libel] as the newest weapons in its fight against dissenting opinion, "The Phnom Penh Post" added.

Ou Virak, president of the Cambodian Centre of Human Rights (CCHR), said the current situation is reminiscent of the government's actions in 2005, when, he said, the government wanted to divert attention from an unpopular border treaty with Vietnam.

"Instead of defending the treaty, the Cambodian government began filing a lot of defamation lawsuits," he said.

The main concern in 2009, Ou Virak said, is land rights.

"Land issues today are the only issues in Cambodia that could ... potentially create social unrest and might even undermine the current government," he said, adding that "Land conflicts are so widespread that the government has to do something drastic and divert attention."

The CCHR issued a statement along with four other local NGOs on 18 June, citing the threat posed to freedom of expression in the country by these recent court actions and crackdowns on public meetings.