The Appeal Court of Cambodia today, 14th July 2011, upheld a two year
prison sentence for Cambodian League for the Promotion and Defense of
Human Rights (LICADHO) staffer Leang Sokchouen. Sokchouen had originally
been convicted by the Takeo Provincial Court in August 2010 on a charge
of Disinformation under the United Nations Transitional Authority in
Cambodia (UNTAC) criminal law, a law that has since been replaced by a
new Penal Code. The Appeal Court upheld the two year prison sentence
handed down to Sokchouen by the Provincial Court but changed the charge
to Incitement under Article 495 of the Penal Code.
Sokchouen was
tried by the Takeo Provincial Court in August 2010 with three others,
Thack Vannak, a former monk, Thach Le, a motorbike taxi driver, and
Thank Khong Phoung. The hearing, said to have lasted over four hours,
resulted in guilty verdicts for the four men. Sokchouen was sentenced to
two years imprisonment and a two million riel (USD$500) fine. Thach
Vannak and Thach Le were also sentenced to two years in prison while
Thach Khong Phoung, the alleged mastermind of the crime who was tried in
absentia, was sentenced to three years jail time.
The men were
charged under Article 62 of the UNTAC Criminal Law for allegedly
distributing leaflets which contained critical references to the
government's relationship with Vietnam. The leaflets, which were said to
have been distributed prior to the 7th January anniversary of the fall
of the Khmer Rouge, reportedly asserted that the day should be
remembered as the day Cambodia became “abused and occupied” by Vietnam,
rather than being celebrated as a day of liberation. The presiding
judge, Cheng Bunly, held that “the leaflets were meant to criticize the
government,” and rejected defense arguments that the three accused that
were present played no role in the events. The judgement, and the
reasoning behind it, overlooked the fact that the right to freedom of
expression protects the individual’s right to express views or opinions
that are critical of the government.
This is the second instance
in recent months in which a charge of disinformation from the UNTAC law
has been changed to a charge of incitement under the Penal Code – the
other case being that of Moeung Sonn, the president of the Khmer
Civilization Foundation. Both cases illustrate how the judiciary in
Cambodia is incorrectly applying the law in order to crackdown on the
individuals’ right to free expression. Convicting an individual of an
offence that was not in force when the act in question allegedly
occurred conflicts with the principle of legality. Moreover, the change
in offence in this instance was also in violation of Sokchouen’s right,
under Article 14(3) of the International Covenant on Civil and
Political Rights, to know the nature and cause of the charges against
him.
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