VZCZCXRO7193
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0840/01 3171136
ZNR UUUUU ZZH
O 131136Z NOV 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1358
INFO RUCNASE/ASEAN MEMBER COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 02 PHNOM PENH 000840 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS AND DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL KJUS CB
SUBJECT:  UPDATE ON FREE SPEECH PROSECUTIONS IN CAMBODIA 
 
REF: A) PHNOM PENH 745 
B) PHNOM PENH 654 
 
SENSITIVE BUT UNCLASSIFIED 
 
¶1. (SBU) SUMMARY:  Two new convictions - one on defamation and one 
on disinformation charges - have again increased attention on the 
free speech debate in Cambodia.  Both cases involve disputes between 
private parties.  Separately, Minister of Information Khieu 
Khanarith said November 9 that the fate of imprisoned editor Hang 
Chakra (Ref A) depended on Deputy Prime Minister Sok An.  This 
message also provides updates on the other free speech prosecutions 
in Cambodia in recent months.  END SUMMARY. 
 
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Text Messages and Quotes to Journalists 
--------------------------------------- 
 
¶2.  (SBU) The Phnom Penh Municipal Court convicted freelance 
journalist Ros Sokhet for disinformation under Article 62 of the 
UNTAC penal code, and sentenced him to two years in prison on 
November 6.  The case stemmed from a complaint filed by fellow 
journalist Soy Sopheap, a TV commentator and editor of Deum Ampil 
newspaper, after he allegedly received threatening text messages 
from Ros Sokhet. 
 
¶3.  (SBU) Article 62 may be applied to a party responsible for 
distributing false information in bad faith, and with malicious 
intent, provided that the act has disturbed or is likely to disturb 
the public peace.  Ros admitted to sending text messages to Soy 
Sopheap, whom he has known for more than 10 years, but claimed they 
were a warning about rumors circulating in the journalism community. 
 Ros insisted that he never sent the messages to third parties, or 
discussed the information with other persons.  However, an October 
12 article in the Phnom Penh Post quoted the then unnamed sender of 
the text messages, saying he had received information from 
government officials about alleged corruption by Soy Sopheap. 
 
¶4.  (SBU) The exact content of the text messages has not been made 
public, but reportedly implicated Soy Sopheap in the practice of 
extorting money from high-ranking persons in exchange for not 
publishing negative stories about them or their families.  During 
the hearing, the judge and prosecutor stated that Ros Sokhet had 
spoken to other journalists about these allegations, and was 
therefore subject to the disinformation statute.  Although no 
evidence or third-party testimony was presented during the hearing 
to support this statement, there may be additional evidence in the 
court file, which under the French-based civil code system remains 
confidential and can only be accessed by court officers or parties' 
lawyers. 
 
¶5.  (SBU) The case also drew criticism for the speed with which it 
was prosecuted.  Police investigated, questioned, and arrested Ros 
Sokhet on October 28.  On October 29, the Phnom Penh Municipal Court 
placed Ros on trial, stopping short of a decision when Ros requested 
time to find a defense attorney.  The court allowed a one-week 
recess, but resumed on November 6, proceeding rapidly to its 
verdict. 
 
------------------------------ 
Allegation Leads to Defamation 
------------------------------ 
 
¶6.  (SBU) On November 11, the Prey Veng Provincial Court found 
school teacher Chin Rithy liable for defamation against his school 
principal, and ordered Chin to pay a five million Riel fine ($1,250 
USD) to the state, plus additional compensation of five million Riel 
to the principal.  In March, Chin Rithy, who is also the provincial 
director of the Cambodian Independent Teachers Association (CITA), 
filed a formal complaint with the local department of education 
against school principal Yin Sovuthy for land-grabbing, alleging 
that Yin wrongfully sold a plot of land belonging to the school.  In 
August, the principal responded by demoting Chin Rithy and filing 
defamation charges against him.  The local department of education 
has yet to act on the teacher's original complaint against the 
principal.  CITA President Rong Chhun said Chin Rithy will appeal 
the court's decision. 
 
--------------------------------------- 
Hang Chakra Fate in the Hands of Sok An 
--------------------------------------- 
 
¶7.  (SBU) Minister of Information Khieu Khanarith told Radio Free 
Asia during a November 9 interview that the fate of imprisoned 
newspaper editor Hang Chakra depended on Deputy Prime Minister Sok 
An, the plaintiff against Hang.  Several groups, including a group 
of journalists and the opposition Sam Rainsy Party, wrote to the 
King advocating a royal pardon for Hang.  It is common for the King 
to grant amnesty in certain cases around important religious and 
national holidays, such as the recent Water Festival, but the 
 
PHNOM PENH 00000840  002 OF 002 
 
 
requests must originate with the government.  The King reportedly 
forwarded the letters to Prime Minister Hun Sen and encouraged the 
government to request amnesty on Hang's behalf.  There has been no 
official response from the government yet, and the Minister of 
Information implied that DPM Sok An would decide.  To date, Sok An 
has not responded to Hang's September letter of apology (Ref A). 
 
------------- 
Other Updates 
------------- 
 
¶8.  (SBU) On October 14, the Appeals Court denied SRP 
Parliamentarian Mu Sochua's appeal of the June 10 dismissal of her 
lawsuit against the Prime Minister.  Afterwards, Mu indicated that 
she would not pursue the case further.  On October 28, the Appeals 
Court also denied her appeal of her August 4 liability for 
defamation.  Mu stated she intended to continue this fight, and 
would send her appeal to the Supreme Court.  DPM and Foreign 
Minister Hor Namhong's defamation case against Sam Rainsy in the 
Phnom Penh Municipal Court is on hold, pending the outcome of a 
similar defamation trial in France. 
 
¶9.  (SBU) The Phnom Penh Municipal Court is expected to re-try the 
case against Moeung Sonn on November 24 (Ref A).  Moeung, the Khmer 
Civilization Foundation President convicted of disinformation and 
sentenced to two years in prison in June, has written multiple 
appeals to the King, Prime Minister Hun Sen, and DPM Sok An since 
then, requesting intervention in the case and reconsideration of the 
conviction.  Moeung remains in France. 
 
¶10.  (SBU) In Takeo Province, Cham Muslim community leader Ny San 
remains in pre-trial detention pending a hearing in his case (Ref 
A).  Ny is charged with disinformation and destruction of property, 
and the case is currently with an investigating judge.  The two 
Cambodian Center for Human Rights activists and Radio Free Asia 
reporter appeared for questioning with their attorneys on October 6. 
 Each has been charged with spreading false information, but the 
judge did not issue warrants for their arrest after questioning; 
they remain free while their cases undergo further investigation by 
the court. 
 
¶11.  (SBU) In Ratanakiri Province, the local prosecutor indicated 
that authorities never carried through with threats to file 
defamation charges against ADHOC staffers (Ref B).  Regarding the 
intimidation of the NGO workers by a local judge, the King took an 
interest in the case after receiving letters from several NGOs about 
the judge's conduct; the Ministry of Justice called for an 
investigation (septel).  There is no new information to report on 
the complaints of incitement in Banteay Meanchey (Ref B). 
 
¶12.  In total, 17 complaints filed since April 2008 have produced 7 
convictions (or findings of liability), one acquittal, two 
retractions after the defendants publicly apologized to the 
plaintiffs, one case dismissed by the court (and upheld on appeal), 
and two on-going cases.  Four other complaints have stalled without 
further action. 
RODLEY