July 21, 2009
By SETH MYDANS
The New York Times
PHNOM PENH, Cambodia — Cambodia’s courts have been busy in recent weeks with cases of defamation, disinformation and incitement brought by the government in what critics say is part of a broad assault on civil liberties.
“If you’re just walking into the situation, it seems like a series of ridiculous lawsuits,” said Sara Colm, a senior researcher for the New York-based rights group Human Rights Watch, who said at least nine suits had recently been filed against critics and political opponents by Prime Minister Hun Sen and his supporters.
But she and other analysts say the targets seem carefully chosen to send a chill through the free press, independent judiciary, political opposition and civic organizations that were introduced by the United Nations in the early 1990s.
The surge in lawsuits amounts to “a serious threat to democratic development which may undermine the efforts of the past 16 years to rebuild a tolerant and pluralistic environment in Cambodia,” the United Nations human rights office in Cambodia said in a statement last month.
In the most prominent cases, two opposition politicians have been stripped of their parliamentary immunity and sued for libel by Mr. Hun Sen and his associates. Threatened with a lawsuit and disbarment, their lawyer has abandoned the case, apologized to the prime minister and pledged allegiance to the ruling party.
The editor of one of the country’s last opposition newspapers was sent to prison last month for stories he had published and another, soon afterward, apologized and agreed to shut down his newspaper to avoid court action.
A young political activist was convicted last month of defamation and jailed for spray-painting slogans critical of the government on the walls of his house. An advocate for cultural preservation was sentenced on July 15 to two years in jail for warning of potential damage to the temple of Angkor Wat.
“The court has always been used as a political tool,” said Theary Seng, whose leadership of a human rights group, the Center for Social Development, is being challenged in what she says is a politically motivated court case. “But recently, there is a concentration of cases which seem to be very political and which seem to use the court as a political tool to silence opposition voices.”
Mr. Hun Sen dismisses, and even appears to parody, his critics, declaring earlier this month that he was acting in the interests of democracy by stripping the two lawmakers of their parliamentary immunity so that they could face prosecution in the courts.
“From now on we are strengthening democracy and the rule of law,” he said. “This is not an anarchic democracy. Democracy must have the rule of law.”
Together with land seizures that are driving tens of thousands of people from their homes, analysts say these actions demonstrate a sense of impunity in a government that has resisted efforts to strengthen the rule of law in Cambodia.
In the most recent evictions, about 150 poor families were forced from their homes on prime land in Phnom Penh on Thursday and Friday, part of what the World Bank called “a major problem” in Cambodia’s fast-growing cities.
The court cases come at a time when countries in the region are looking increasingly toward China as a political and economic model and questioning the democratic and humanitarian values of the West.
In recent years, China has become a major donor and investor in Cambodia in projects that do not demand the standards of good governance that generally accompany assistance from Western nations and aid organizations.
“We have been fearing all along that Cambodia’s government is looking eastward toward China and Vietnam as models,” with their strong central governments and intolerance of dissent, said Ou Virak, president of the Cambodian Center for Human Rights.
“Now there are a lot of activities recently that confirm our fear, and so it’s pretty scary,” he said. “What they are trying to do is to have only one strong party, and ultimately probably only one party.”
The aggressiveness of the government has been matched by what appears to be resigned acquiescence among many of its opponents to the dominance of Mr. Hun Sen and his ruling elite in the Cambodian People’s Party.
Nothing demonstrates this more sharply than the apologies that Mr. Hun Sen apparently requires as the price of leniency.
“I ask permission to demonstrate deep respect and bow down to apologize,” said Dam Sith, editor in chief of Moneaksekar Khmer, a pro-opposition newspaper, as he promised earlier this month to cease publishing his 10-year-old newspaper.
“I have in the past committed inappropriate acts again and again,” he said, adding that his only hope to avoid a defamation conviction is the “compassion and forgiveness” of Mr. Hun Sen — which he duly received.
Mu Sochua, a leading member of the opposition Sam Rainsy Party, is fighting back, though she acknowledges the odds she faces.
In April, she filed a defamation suit against Mr. Hun Sen after he used a rude expression in criticizing her political activities. He countersued.
The courts dropped her original suit. This week, she faces a court hearing on his charge that she defamed him by bringing a defamation suit against him.
It was her lawyer, Kong Sam Onn, who dropped her case under pressure, apologized and joined the ruling party. Ms. Mu Sochua acknowledged the overbearing power of the prime minister and she said she did not blame her lawyer for giving in. “I understand and respect him,” she said.
Unable to find another lawyer to step forward in his place, she said she would proceed in her case alone.
“If you’re just walking into the situation, it seems like a series of ridiculous lawsuits,” said Sara Colm, a senior researcher for the New York-based rights group Human Rights Watch, who said at least nine suits had recently been filed against critics and political opponents by Prime Minister Hun Sen and his supporters.
But she and other analysts say the targets seem carefully chosen to send a chill through the free press, independent judiciary, political opposition and civic organizations that were introduced by the United Nations in the early 1990s.
The surge in lawsuits amounts to “a serious threat to democratic development which may undermine the efforts of the past 16 years to rebuild a tolerant and pluralistic environment in Cambodia,” the United Nations human rights office in Cambodia said in a statement last month.
In the most prominent cases, two opposition politicians have been stripped of their parliamentary immunity and sued for libel by Mr. Hun Sen and his associates. Threatened with a lawsuit and disbarment, their lawyer has abandoned the case, apologized to the prime minister and pledged allegiance to the ruling party.
The editor of one of the country’s last opposition newspapers was sent to prison last month for stories he had published and another, soon afterward, apologized and agreed to shut down his newspaper to avoid court action.
A young political activist was convicted last month of defamation and jailed for spray-painting slogans critical of the government on the walls of his house. An advocate for cultural preservation was sentenced on July 15 to two years in jail for warning of potential damage to the temple of Angkor Wat.
“The court has always been used as a political tool,” said Theary Seng, whose leadership of a human rights group, the Center for Social Development, is being challenged in what she says is a politically motivated court case. “But recently, there is a concentration of cases which seem to be very political and which seem to use the court as a political tool to silence opposition voices.”
Mr. Hun Sen dismisses, and even appears to parody, his critics, declaring earlier this month that he was acting in the interests of democracy by stripping the two lawmakers of their parliamentary immunity so that they could face prosecution in the courts.
“From now on we are strengthening democracy and the rule of law,” he said. “This is not an anarchic democracy. Democracy must have the rule of law.”
Together with land seizures that are driving tens of thousands of people from their homes, analysts say these actions demonstrate a sense of impunity in a government that has resisted efforts to strengthen the rule of law in Cambodia.
In the most recent evictions, about 150 poor families were forced from their homes on prime land in Phnom Penh on Thursday and Friday, part of what the World Bank called “a major problem” in Cambodia’s fast-growing cities.
The court cases come at a time when countries in the region are looking increasingly toward China as a political and economic model and questioning the democratic and humanitarian values of the West.
In recent years, China has become a major donor and investor in Cambodia in projects that do not demand the standards of good governance that generally accompany assistance from Western nations and aid organizations.
“We have been fearing all along that Cambodia’s government is looking eastward toward China and Vietnam as models,” with their strong central governments and intolerance of dissent, said Ou Virak, president of the Cambodian Center for Human Rights.
“Now there are a lot of activities recently that confirm our fear, and so it’s pretty scary,” he said. “What they are trying to do is to have only one strong party, and ultimately probably only one party.”
The aggressiveness of the government has been matched by what appears to be resigned acquiescence among many of its opponents to the dominance of Mr. Hun Sen and his ruling elite in the Cambodian People’s Party.
Nothing demonstrates this more sharply than the apologies that Mr. Hun Sen apparently requires as the price of leniency.
“I ask permission to demonstrate deep respect and bow down to apologize,” said Dam Sith, editor in chief of Moneaksekar Khmer, a pro-opposition newspaper, as he promised earlier this month to cease publishing his 10-year-old newspaper.
“I have in the past committed inappropriate acts again and again,” he said, adding that his only hope to avoid a defamation conviction is the “compassion and forgiveness” of Mr. Hun Sen — which he duly received.
Mu Sochua, a leading member of the opposition Sam Rainsy Party, is fighting back, though she acknowledges the odds she faces.
In April, she filed a defamation suit against Mr. Hun Sen after he used a rude expression in criticizing her political activities. He countersued.
The courts dropped her original suit. This week, she faces a court hearing on his charge that she defamed him by bringing a defamation suit against him.
It was her lawyer, Kong Sam Onn, who dropped her case under pressure, apologized and joined the ruling party. Ms. Mu Sochua acknowledged the overbearing power of the prime minister and she said she did not blame her lawyer for giving in. “I understand and respect him,” she said.
Unable to find another lawyer to step forward in his place, she said she would proceed in her case alone.
