Cambodia Using Courts to Restrict Free Speech, blah, blah, blah

As recently as 1997 opponents to Sam Rainsy and the SRP tried to stifle political debate by throwing hand grenades at him during a rally; this year all that is landing in his lap are court summons.

Personally, I would call that progress.

Ho Hum.

Still, here is the recent Bloomberg Article:

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Dec. 28 (Bloomberg) -- Cambodia is using its law courts to stifle free speech and political activity, United Nations envoy Yash Ghai said, citing last week's jail sentence imposed on opposition leader Sam Rainsy, who lives in exile.

Criminal prosecutions, such as the defamation case against Sam Rainsy, are being brought under laws introduced in 1992 when the UN was overseeing the peace process in Cambodia, Ghai, the special representative for human rights, said in a statement yesterday, according to the UN's Web site. The laws are out of date and should be repealed, Ghai said.

``Space for political discourse and public debate is being increasingly challenged, including through the courts,'' Ghai said. ``This deeply worrying trend is a serious threat to freedom of expression and political pluralism in Cambodia.''

Sam Rainsy fled to France in February and another opposition lawmaker, Cheam Channy, was sentenced to seven years in jail in August for organized crime and fraud. Amnesty International and Human Rights Watch have accused the Cambodian government of trying to silence the opposition, including the Sam Rainsy Party, by last year accusing members of forming an illegal armed force.

Cambodia's government isn't using the courts to dismantle the opposition such as the case against Sam Rainsy, Agence France-Presse cited Khieu Kanharith, a government spokesman, as saying two days ago in the capital, Phnom Penh.

``The issue is that his accusations affect the reputation of others,'' Khieu Kanharith said. ``Politicians should be careful when speaking.''

Human Rights
Cambodia's transitional legislation, known as the UNTAC laws, were introduced before the country adopted its new constitution and signed international human rights treaties, Ghai said.

``The UNTAC law was enacted as a temporary measure and under very particular circumstances, which no longer reflect the situation in today's Cambodia,'' he said.

Cambodia's new criminal code, currently being prepared, is an opportunity to make laws compliant with the constitution and human rights obligations, Ghai said.

The U.S. State Department last week condemned the 18-month prison sentence imposed on Sam Rainsy, saying it reflected ``the continuing deterioration of democratic principles such as free speech and expression in Cambodia.''

Sam Rainsy, 56, was sentenced in absentia for defaming Cambodia's Prime Minister Hun Sen and National Assembly President Prince Norodom Ranariddh, AFP reported last week.

The defamation suit involved alleged comments by Sam Rainsy accusing Hun Sen of involvement in a 1997 grenade attack on an anti-government rally that killed at least 19 people and Prince Ranariddh of taking bribes for joining a coalition government led by Hun Sen, AFP said.

Coalition Government
Cambodia was without a government for more than a year after political parties failed to agree on forming a coalition after elections in June 2003.

Hun Sen formed a government in July 2004 with the royalist Funcinpec party led by Prince Ranariddh. Hun Sen's Cambodian People's Party won 73 of the 123 National Assembly seats in the 2003 election, short of a two-thirds majority needed to form a government on its own. Funcinpec won 26 seats and the Sam Rainsy Party took 24 seats.

Sam Rainsy won't appeal the jail sentence, AFP reported two days ago, citing his lawyer Som Chandya. Sam Rainsy flew to France and another deputy, Chea Poch, went to the U.S. after their parliamentary immunity was lifted, AFP reported in February.