Phnom Penh, 14 February 2012 ― The Cambodian Human Rights and Development Association (ADHOC) is deeply concerned about potential defamation charges being brought against Soum Chankea, its Provincial Coordinator in Banteay Meanchey province.
On 9 February 2012, Soum Chankea was summoned by the Prosecutor’s office in Sisophon, following a complaint lodged by Oum Socheath, head of the Banteay Meanchey branch of the Cambodia Mine Action Centre (CMAC) and Coordinator of the UNDP-CMAC mine clearance program. The questioning is scheduled for 20 February 2012. The Prosecutor will then decide whether charges are officially brought against Soum Chankea. These include “slanderous denunciation,” an offense punishable by 1 month to 1 year in prison and a 100,000 to 2 million riels fine (article 311 of the Penal Code).
Oum Socheath accuses Soum Chankea of defamation following ADHOC’s intervention in a gender-based violence case. The victim, a 25-year old waitress, filed complaints against Oum Socheath and Thong Piseth, also known as Mr. Veth, on 4 and 9 November 2011 respectively. She accuses them of sexual harassment and of sexually molesting her.
Following the victim’s complaints, the authorities took no action to investigate allegations of sexual harassment and sexual assault, which are criminal offenses pursuant to the Cambodian Penal Code. Instead, ADHOC Provincial Coordinator Soum Chankea, who had urged the police and the Prosecutor to investigate the case, now faces criminal charges. The perpetrators threatened the victim, declaring they were not afraid because they were protected by high-ranking people.
All ADHOC did in this case was to provide legal advice to the victim. Soum Chankea acted in compliance with the law and through existing institutions. Instead of investigating allegations of human rights violations, Cambodian authorities continue to place undue restrictions on the activities of human rights defenders through the expansive use of criminal charges―after cases in Rattanakiri and Kampong Chhnang, it is the third time ADHOC staff have been threatened with charges of defamation or incitement following human rights education and advocacy activities.
ADHOC is therefore raising the issue of who is behind the decision of Banteay Meanchey judicial authorities not to investigate allegations of the victim and rather to summon Soum Chankea for questioning. According to information gathered by ADHOC, Oum Socheath and Thong Piseth benefited from the protection a businessman whose brother is a high-ranking government official. Oum Socheath later tried to take full advantage of his position by filing a complaint against ADHOC.
What these developments show is that in Cambodia impunity is the rule. The poor, especially women, do not have access to legal redress when confronted with powerful, well-connected individuals. Rather, these are able to use the judicial system to threaten victims and human rights defenders.
To support its Provincial Coordinator and draw public attention to this case, ADHOC will organize a press conference outside Sisophon Provincial Court on the day of Soum Chankea’s questioning, 20 February 2012.
For more information, please contact:
Mr. Ny Chakrya, Head of Monitoring Section at ADHOC: 011 274 959
Mr. Chan Soveth, Deputy Head of Monitoring Section: 016 937 591
Mr. Nicolas Agostini, Technical Assistant: 078 405 024
