VZCZCXRO7779
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0493/01 1961054
ZNR UUUUU ZZH
R 151054Z JUL 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC 0948
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 02 PHNOM PENH 000493 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, P, D, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL KJUS KDEM CB
SUBJECT: 
CRITIC OF ANGKOR LIGHTING CONVICTED IN ABSTENTIA ON DISINFORMATION 
CHARGE 
 
REF: A) PHNOM PENH 489 
     B) PHNOM PENH 469 
 
SENSITIVE BUT UNCLASSIFIED 
 
¶1. (SBU) SUMMARY.  The Phnom Penh Municipal Court (PPMC) convicted 
and sentenced the head of the Khmer Civilization Foundation (KCF) in 
absentia July 14 on charges that he had defamed the government and 
incited social disorder by suggesting that lights installed at the 
Angkor Wat temple would damage the national landmark.  This case 
illustrates the constricted room for "fair comment" in Cambodian 
public discourse, as well as the current unwillingness of Deputy 
Prime Minister Sok An to be as forgiving of his critics as the Prime 
Minister.  END SUMMARY. 
 
COMMENTS ON ANGKOR LIGHTING INCITE "ANARCHY" 
-------------------------------------------- 
 
¶2. (U) KCF Head Moeung Sonn stated in a May 26 interview with Radio 
Free Asia that the heat from a new light installation project at the 
world-famous Angkor Wat temple would damage the structure.  The 
Apsara Authority, the government entity responsible for management 
of the UNESCO World Heritage site, managed the light installation 
project.  Moeung Sonn repeated his comments to other news outlets in 
a press conference.  He reportedly also accused the government of 
drilling holes into the temple walls as part of the installation, 
although he later denied having said this in a July 4 statement. 
 
¶3. (U) Deputy Prime Minister and Apsara Authority President Sok An 
filed charges June 2 against Moeung Sonn for spreading 
disinformation, under Article 62 of the Transitional Criminal Law. 
The Deputy Prime Minister defended the suit at the National Assembly 
June 19 when he told 98 MPs that Moeung Sonn's comments spread false 
information "to cause chaos and confusion among the public."  The 
PPMC filed formal charges against Moeung Sonn June 26, and on July 
14, Judge Chhay Kong sentenced him to two years in prison, fined him 
7 million riel (approximately $1,657), and ordered him to pay 8 
million riel (approximately $1,894) in compensation to the Apsara 
Authority for his statements.  In his decision, Chhay Kong stated 
that Moeung Sonn had damaged the government's reputation and caused 
"anarchy and disorder" in society.  The PPMC authorized the Ministry 
of Interior to arrest and imprison Moeung Sonn, who fled to France 
in June shortly after he was charged. 
 
¶4. (SBU) Moeung Sonn's lawyer, Sam Sokong of the NGO Cambodian 
Defenders Project (CDP), told Pol Assistant that he had asked the 
judge to delay the hearing on the grounds that the case had not gone 
through the proper investigative process.  He noted as an example 
that the government's complaint cited an unrelated April 23 press 
conference in which Moeung Sonn had discussed the need for 
compensation for market vendors at the Preah Vihear temple who lost 
their stalls to a Thai rocket earlier this year, rather than the May 
26 press conference in which Moeung Sonn had discussed Angkor Wat. 
Prosecutor Cheng Huot argued that the prosecution already had enough 
evidence to proceed with the trial, and he stated that Moeung Sonn's 
statements had the intent of inciting "chaos" nationwide, and that 
comments about Angkor Wat are "dangerous and sensitive."  Judge 
Chhay Kong agreed with the prosecution and allowed the trial to 
proceed. 
 
¶5. (SBU) Sam Sokong told Pol Assistant that he planned to submit a 
request to the PPMC to hold a new hearing.  He explained that he 
could request a retrial on behalf of Moeung Sonn, as opposed to an 
appeal, because the defendant had been tried and convicted in 
absentia.  Sam Sokong said that Moeung Sonn plans to remain in 
France for now to avoid arrest. 
 
DESPITE APOLOGY, NEWSPAPER MAN STILL FACES CHARGES 
--------------------------------------------- ---- 
 
¶6. (SBU) In a separate case against opposition newspaper publisher 
Dam Sith (Ref B), the prosecutor is reportedly considering dropping 
charges at the request of the government's lawyer.  Dam Sith was hit 
July 8 with charges related to defamation, disinformation, insults, 
and incitement following the publication of a series of articles 
deemed critical of the government.  The same day, Dam Sith issued a 
formal apology to Prime Minister Hun Sen, who then instructed the 
government's lawyer to drop the suit.  The government attorney who 
filed the lawsuit, Long Dara, submitted a letter to the PPMC 
prosecutor on July 10 withdrawing the complaint.  On July 14, Dam 
Sith's lawyer submitted to the PPMC prosecutor a cover letter and 
copy of the apology letter to the PM.  The prosecutor reportedly may 
take a week or two to send Dam Sith the formal notice dismissing the 
charges against him. 
 
COMMENT 
------- 
 
 
PHNOM PENH 00000493  002 OF 002 
 
 
¶7. (SBU) As reported in reftels, disinformation suits are the ruling 
Cambodian People's Party's weapon of choice these days in silencing 
its critics.  Moeung Sonn's case seems a particularly egregious 
application of the disinformation criminal charge, which carries a 
possible three-year jail sentence.  For now, Sok An has shown 
himself to be less forgiving of his critics than the Prime Minister, 
as illustrated by his refusal to accept an apology from jailed 
journalist Hang Chakara.  This latest case illustrates the 
constricted room for "fair comment" in Cambodian public discourse. 
 
 
RODLEY