(New York, May 21, 2003) The Cambodian government should immediately drop charges against members of the opposition Sam Rainsy Party (SRP) for distributing leaflets that accuse the Prime Minister of misconduct, Human Rights Watch said today.
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There are already serious questions about the government's commitment to free and fair elections. These incidents only confirm the government's reluctance to allow the opposition to speak.
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Human Rights Watch also expressed concern about the dispersal of an SRP rally by riot police in front of the National Assembly in Phnom Penh on May 21. Approximately 350 opposition supporters had gathered to protest the possible attempt by the National Assembly to strip an SRP member of the assembly of his parliamentary immunity.
"There are already serious questions about the government's commitment to free and fair elections," said Sara Colm, senior researcher for Human Rights Watch. "These incidents only confirm the government's reluctance to allow the opposition to speak."
Nou Sath, an activist for the opposition Sam Rainsy Party (SRP), was arrested on May 10 while distributing party leaflets in Phnom Penh's Orussei Market. Police accused him of disturbing public order and took him to Prey Sar Prison. Later, a newspaper affiliated with the ruling Cambodian People's Party (CPP) of Prime Minister Hun Sen claimed in its May 12-13 issue that the commune chief for the locality that includes the market had filed a complaint with the police.
The leaflet, entitled "The people will not choose a bad guy to be Prime Minister," contains text accusing Prime Minister Hun Sen and his political associates of, among other things, acquiescing to Vietnamese territorial demands, pillaging Cambodia's natural resources, instigating the July 1997 coup d'etat, terrorizing peaceful demonstrators, and permitting the assassination of his alleged former mistress by his wife. It also shows photographs of victims of the March 1997 grenade attack on an SRP rally and of monks fleeing baton-wielding police during the post-election demonstrations of September 1998.
These accusations and photographs have previously been widely published in the international and local media and other SRP materials without charges being brought.
On May 12, a prosecutor at Phnom Penh Municipal Court dismissed the charge of disturbing public order and charged Nou with disinformation and defamation under Articles 62 and 63 respectively of Cambodia's penal code (known as the UNTAC code). Nou's case was transferred to an investigating judge, and on May 13, a formal warrant for Nou's arrest was issued, which allows him to be held for up to six months. Bail was requested but denied. Successful prosecution of the charges could result in sentences of a total of four years' imprisonment.
A warrant based on the same charges was also issued for Seng Sokha, another SRP supporter who had delivered the leaflets to Nou. Seng avoided arrest on May 10 and is now reportedly in hiding.
While Nou had a lawyer present during his meetings with the prosecutor and investigating judge, he has not been allowed to exercise his legal right to meet privately with his lawyer since his arrest.
"These charges are clearly intended to frighten low-ranking opposition party activists from working on behalf of their parties," said Colm. "Violating due process and arresting rank-and-file party activists sends a message that others are at risk of arrest for participating in party-organized activities. Such incidents do not inspire confidence that vigorous political participation will be permitted -- let alone encouraged -- in the run-up to the election."
Article 62 was most recently used by the government in January 2003 to temporarily shut down one of the country's only independent radio stations.
