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
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