Press Release
Phnom Penh, January 18, 2010
Human Rights Defender faces accusation by Kompong Chhnang Provincial Court
Mr. Sam Chankea, ADHOC provincial Coordinator, accused of defamation
The Cambodian Human Rights and Development Association (ADHOC) disagrees with Court’s decision to accuse Mr. Sam Chankea and charge Mr. Reach Seymar – a citizen from Lor Peang village – of Defamation, as stated in Article 63 of UNTAC Penal Code and Article 305 of the new Penal Code. ADHOC considers the court’s decision as unfair and unacceptable.
This is the first time in Cambodia that a human rights defender is being accused while helping poor and powerless people. This clearly shows a new trend to impede activities of promotion and protection of human rights and to hinder human rights development in Cambodia.
After provincial court in Kompong Chhnang decided to accuse Mr. Sam Chankea of Defamation, he was summoned today, January 18, 2011. The case relates to Freedom of Expression of Mr. Sam Chankea and two villagers’ representatives – who were taken to Court by KDC International on May 25, 2010. Indeed, the company filed a complaint based on a report broadcasted by Radio Free Asia on December 26, 2009 and an article published by Koh Santepheap Daily on December 30, 2009. After receiving the investigating report from the police, the Prosecutor decided to take them to Court. During the trial of the two villagers’ representatives, held on January 10, 2011, the Court was not able to find any fault or mistakes. The Court only mentioned the information broadcasted through Radio Free Asia and only referred to the company claiming it had a legal land property, in order to accuse and charge them. The most important, that is to say finding out who the real land owner is, has not been considered at all during the trial. On December 26, 2009, Mr. Sam Chankea had actually expressed his ideas through RFA, but only to provide legal comments on facts occurred in the conflict area, referring to the claims of the villagers, according to whom KDC International had bulldozed their land. Mr. Sam Chankea only mentioned Articles 163 and 167 of the Civil Procedure Code, saying that in any land conflict, no party is allowed to destroy or change the original situation.
Even though the accusation and charges against the two human rights defenders will not lead to imprisonment, they face a serious fine from 1 to 10 million riels according to Article 63 of UNTAC Penal Code and Article 305 of the New Penal Code. They may face imprisonment if they cannot pay fines and compensation. So far, the accusation of Defamation has been used against many speakers but this is the first time that human rights defenders working to help poor and powerless people are accused.
For ADHOC, this accusation against human rights defenders is a restriction to freedom of expression and gives more chance to powerful people and private companies to commit human rights violations in Cambodia. Being not serious in leading independent investigation for strengthened justice and Judicial Institutions raises grave concerns among human rights defenders. ADHOC has even witnessed wrongdoings in procedure implementation by Kompong Chhnang provincial Court, that are main obstacles to seeking justice for the parties. During the procedure, ADHOC has observed a lack of evidence shown. The Court only took into account Police investigating report to judge the defendants guilty. The Court only payed attention to plaintiff’s lawyer pleading. Proposals by defendants’ lawyers have not been considered. Plaintiff’s and defendants’ witnesses have not been summoned to the Court hearings. When their lawyers left the courthouse, the judge missed to ask the defendants if they agreed to continue the trial without them. All these wrongdoings are serious hindrance to justice in the actual Cambodian Judiciary.
For more information, please contact:
– Ny Chakrya, ADHOC Head of Land and Natural Resources Rights Program – 011 274 959
– Chan Soveth, ADHOC Head of Human Rights Program- 016 937 591
