Showing posts with label Draft Penal Code. Show all posts
Showing posts with label Draft Penal Code. Show all posts

Monday, October 12, 2009

SRP MPs addressing the National Assembly floor on the draft penal code (criminal code)

Recently the draft penal code (criminal code) was submitted to the National Assembly for debate and ratification. Several SRP MPs stood up to discuss shortcomings of this draft law. The following are videos of their interventions at the National Assembly floor.


SRP MP Mu Sochua

SRP MP Eng Chhai Eang

SRP MP Kimsour Phirith

SRP MP Ly Srey Vyna

Friday, October 09, 2009

Draft Penal Code Risks Freedoms: Group

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


A coalition of 30 civic organizations warned on Thursday that National Assembly debate over a new penal code appeared to erode civil liberties while skimming over clarity on criminality.

The National Assembly has approved more than 400 of 672 articles in the new law, as more debate remains ahead.

Groups have warned the draft law is damaging to freedoms of expression and assembly, at a time when the executive branch of government has been slammed for its own attacks on dissent, with opposition parliamentarians and journalists shouldering punitive lawsuits from senior government officials.

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.

The Cambodian Human Rights Action Committee said it was concerned that public officials “will be able to use some articles in the penal code to shut the rights and freedoms of demonstration and assembly.”

The group has sent recommendations to the National Assembly voicing these and other concerns.

Yim Sovann, a lawmaker for the opposition Sam Rainsy Party, called the recommendations “very positive.”

“The penal code has some good points, but some points are obstacles to rights and freedoms of expression,” he said.

Under the draft law, he said, “if someone makes an improper expression, someone will be guilty of defamation, insult, incitement, or falsifying information.”

“More seriously, if someone dares to make a lawsuit against any corrupt man, and if that man cannot find evidence, and the court understands that the complaint is not true, that man will face punishment,” he said.

However, Cheam Yiep, a lawmaker for the ruling Cambodian People’s Party, said the draft code “respects the rights and freedom of expression and the principles of UN fundamental human rights.”

Last week, the National Assembly voted against amendments to the new code that opposition proponents said would increase freedom of expression and improve justice and democracy.

Wednesday, September 30, 2009

Sam Rainsy Party Seeks Protections of Freedom of Expression in the Penal Code

Sam Rainsy Party Seeks Protections of Freedom of Expression in the Penal Code

September 30, 2009
Source: SRP

PHNOM PENH – September 30 – Starting 1 October, 2009, Members of Parliament the Sam Rainsy Party (SRP) will join the parliamentary debate on the current draft of the Penal Code, which has been passed by the Cambodian Council of Ministers, but must still be approved by the National Assembly.

The SRP welcomes efforts to reform the Penal Code, and recognizes many positive provisions. However, the current draft Code unduly restricts freedom of speech and assembly, the most fundamental of civil liberties. These freedoms allow for participation and creativity at a time when finding solutions to poverty, unemployment, land conflicts, corruption and other critical national issues should be the first priority of the Government. When lawmakers, NGO workers, journalists, trade unionists, villagers and others are not able to freely debate new ideas and challenge the status quo, development is restricted.

The SRP is particularly concerned about the surge in criminal prosecutions for defamation and disinformation against peaceful critics of the Government over the past six months that have attracted the attention of national and international sources. Based on the above facts, SRP strongly urges that articles related to defamation and insult be removed from the Draft Penal Code. SRP recommends and welcomes a new draft law on these issues or include them in the current Civil Code through amendments.

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