Cambodian PM says courts will not dismiss defamation cases against critics

Monday, January 30, 2006

Phnom Penh -- Cambodia's Prime Minister Hun Sen confirmed Monday that defamation cases against his critics will not be dismissed, despite dropping the complaints last week amid growing international pressure over a clampdown on dissent.

The premier said the courts had already begun investigating the cases against several prominent activists arrested in recent months and it would not be possible to halt the legal process.

Hun Sen last week ordered defamation charges to be dropped against Kem Sokha and Pa Nguon Teang of the US-backed Cambodian Center for Human Rights, as well as against journalist Mam Sonando and union boss Rong Chhun.

All had been arrested for their opposition to a border agreement with Vietnam, which critics say cedes too much territory to Cambodia's eastern neighbour.

Hun Sen's surprise move drew praise from the US and United Nations, but a Cambodian judge and even the government's lawyers said last week the cases would go forward.

Hun Sen suggested that his critics, who were released on bail earlier in January, could avoid court as long as they did not further inflame political tensions.

"My suggestion is to ... just postpone (court proceedings) to keep the situation quiet," he said, but warned that "if you are rude, the court will summon you, so there will be another problem".

Hun Sen was speaking at a university graduation ceremony where he also hit out at foreign opponents of the defamation arrests -- saying he had the right to protect himself against his critics.

His comments came days after the US Senate passed a resolution demanding his government "immediately cease and desist from its systematic campaign to undermine democracy, the rule of law, and human rights."

"Every person has the right to ask the law to protect him when he is defamed," Hun Sen said.

"Please, outsider, before you talk, please see the law clearly."

Defamation is a criminal offense in Cambodia and has been used against nearly a dozen activists and political rivals during the last year. They include opposition leader Sam Rainsy, who has fled the country and was sentenced in absentia to 18 months in prison.

The apparent crackdown has sparked international condemnation amid calls for the defamation laws to be changed.

The United States has been the most vocal foreign critic of recent arrests, which Washington says are part of a bid by the government to use the courts to crush dissent.

The Senate resolution includes a long list of incidents which allegedly show Hun Sen "blatantly violated basic democratic principles" -- including the jailing of opposition lawmaker Cheam Channy for seven years and the assassination of labour leader Chea Vichea.

The resolution, co-sponsored by high-ranking Republican Senator Mitch McConnell who has called for regime change in Cambodia and Myanmar, also highlights the arrest of the democracy advocates which sparked the latest round of sparring between Hun Sen and the international community.