A/HRC/4/36 page 12 appear in court. The court found the editor guilty of disinformation and sentenced him to fines of some $2,000 to be paid to the State and some $2,500 to be paid to Minister Sok An. In this case the judge considered that the article itself was sufficient evidence to secure a conviction for disinformation. 49. Teang Narith, a law and political science lecturer at Sihanouk Raj Buddhist University in Phnom Penh, was arrested and detained on 4 September 2006, and charged with disinformation in connection with his manuscript “Political Philosophy”, which contained criticisms of senior government officials. He remains in pretrial detention. He is reliably reported to suffer from mental health problems, and his welfare is a matter of great concern. He requires proper care and attention and should be immediately released. 50. In August 2006 the National Assembly amended the Law on the Status of National Assembly Members, putting members at greater risk. In derogation of the Constitution as well as international norms, the Law imposes extensive qualifications on their immunity in respect of freedom of expression. It subjects Members whose comments are deemed to abuse an individual’s dignity, social customs, public order and national security to the same legal penalties that already restrict the freedom of expression of Cambodian citizens. The same Law authorizes the arrest of members without prior lifting of immunity. As he was finalizing this report, the Special Representative was informed that the National Assembly had amended article 120 of the Law on Election of Assembly Members on 15 December, according to which Members convicted of a crime or misdemeanour will automatically lose their seats. 51. Articles 37 and 41 of the Constitution guarantee the right to strike, to peaceful demonstration and freedom of assembly. However, the Government continued to restrict these rights in 2006 through routine and arbitrary denial of permissions for demonstrations and public gatherings. The attitude of the authorities towards public assembly has remained one of restriction rather than facilitation. Where demonstrations or gatherings took place without permission, excessive and disproportionate force was recorded in several instances, with police now routinely carrying and using electric batons. 52. The Special Representative is concerned that demonstrations per se are generally presumed to be threatening to the Government, an attitude that manifests itself both through the decisions not to authorize demonstrations and in the draft law currently being prepared by the Ministry of the Interior to regulate assembly. The apparent starting point of the Government’s approach to the draft Law on Freedom of Assembly and Peaceful Demonstration seems to be restriction, rather than freedom subject to an appropriate regulatory framework. The Government has also indicated its preference for freedom of assembly to be exercised on private premises behind closed doors. A law on non-governmental organizations (NGOs) has been on the Government’s agenda since 1995. The Government has argued that article 42 of the Constitution obliges it to draft one. Article 42 states that Khmer citizens shall have the right to establish associations and political parties. These rights shall be determined by law. It also states that Khmer citizens may take part in mass organizations for mutual benefit to protect national achievements and social order. 53. As noted in the Special Representative’s previous report, in 2005 the Ministry of the Interior asked the World Bank to assist in the drafting of the law. In the World Bank’s view, a law may not be required, and it has proposed a dialogue between NGOs and the Government to