A/HRC/18/46 distribution of the leaflets did not disturb the peace and it seems that no public-order issues arose after the leaflets were found. 20. The Special Rapporteur on the situation of human rights in Cambodia, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the situation of human rights defenders, and the Special Rapporteur on the independence of judges and lawyers jointly sent an urgent appeal to the Government of Cambodia on 14 September 2010 on this case. The Special Rapporteurs expressed concern that the situation of the four nationals might constitute a violation of the right to freedom of expression and the right to a fair trial. They also expressed concern that the conviction of one of the four nationals, who is a human rights defender, on the basis of alleged questionable evidence might have an adverse impact on the working climate of human rights defenders in the country. The Special Rapporteurs sought clarification on the investigation, and judicial and other inquiries related to the cases, the measures that were in place to guarantee fair trial, and how the sanction against the defendants with respect to the alleged distribution of fliers constituted a permissible restriction on the right of freedom of expression. At the time of writing, no response has been received from the Government. 21. Similarly, on 3 February 2011, the Special Rapporteur on the situation of human rights in Cambodia, the Special Rapporteur on the right to freedom of opinion and expression, and the Special Rapporteur on the situation of human rights defenders jointly sent an allegation letter to the Government of Cambodia questioning the legal basis of the case of Sam Chankea and Reach Seima, convicted of disinformation and defamation under article 305 of the new Penal Code, for allegedly pointing out in a radio interview the unresolved legal status of an ongoing land dispute and the unlawful act by the company involved, KDC International, of bringing machinery to work on the land (see background information in para. 13 above). Mr. Chankea is a local coordinator of the human rights organization Adhoc. His comments in the broadcast of Radio Free Asia on 26 December 2009 were that “what the company has done violates the law because the court has yet to rule on the merits of the case. Therefore the company should suspend the activity and await the court decision”. The company claimed that the comments were not true and upon receiving that complaint, the public prosecutor brought a charge of defamation against the Adhoc coordinator. When the case went to the court, the trial had a number of shortcomings which suggested that it did not meet the standards of a fair trial. Mr. Chankea was sentenced to pay 4 million riel in fines and compensation or face three months’ imprisonment. Mr. Seima was sentenced to pay 10 million riel in fines and compensation or face six months in jail. The use of criminal defamation proceedings against human rights workers promoting a fair resolution of a land dispute is a matter of serious concern. At the time of writing, no response has been received from the Government. 22. Another case in point is that of Seng Kunnaka, a staff member of the World Food Programme, who was convicted of incitement to commit a felony by Phnom Penh Municipal Court on 19 December 2010, and was sentenced to six months’ imprisonment and a fine of 1 million riel. On 17 December 2010, Mr. Kunnaka was arrested and taken into custody in Russei Keo district for questioning for 48 hours. On 19 December 2010, he was tried by the Phnom Penh Municipal Court under the new Penal Code and convicted for printing information materials from an Internet website and sharing them with two colleagues in his workplace. The materials appear to include caricatures of political leaders, which were called “traitors”. Observers were not authorized to attend the trial proceedings, which were held in camera. The trial took place two days after his arrest and on a Sunday, when courts are normally closed other than for exceptional cases. It looked as if the prosecutors did not have time to properly investigate the case and the Court was in rush to deliver a verdict without allowing for a proper trial. An urgent appeal was jointly sent by the Special Rapporteur on the situation of human rights in Cambodia, the Special 8

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