A/HRC/4/95
page 8
15.
At the beginning of 2006, the office monitored the arrests of the President of the
Cambodian Centre for Human Rights and his deputy, and the Director of the Cambodian Legal
Education Center. They were charged with defamation in connection with a banner displayed
during celebrations for International Human Rights Day on 10 December 2005. These followed
arrests of the owner and director of a popular radio station and the President of the Independent
Teachers’ Association in October 2005 on charges of defamation, disinformation and incitement.
All five were released mid-January, but the charges remain pending.
16.
On 4 January 2006, the High Commissioner issued a statement expressing her deep regret
and concern that the lawsuits and arrests of members of civil society constituted a disturbing
trend that threatened to undo progress made over the last decade to build an open and just society
based on the rule of law.
17.
On 26 May, the National Assembly passed an amendment to article 63 of the Provisions
Relating to the Judiciary and Criminal Law and Procedures Applicable in Cambodia during the
Transitional Period, commonly known as the UNTAC Law. This amendment removed the
penalties of imprisonment in the event of conviction for criminal defamation but retained fines of
between $250 and $2,500.
18.
The office subsequently documented cases in which charges of disinformation had been
brought, and became concerned about a possible trend to use charges of disinformation, which
carries a prison sentence of up to three years and allows for pretrial detention, as an alternative to
defamation.
19.
Throughout the reporting period, demonstrations, marches, and public gatherings in
Phnom Penh and the provinces were regularly denied permits. The office documented incidents
of excessive use of force by armed riot police, particularly in relation to strike action by trade
unions in the garment sector. It engaged with relevant local authorities to prevent an escalation
of violence in some cases.
20.
The office monitored evictions of poor communities living in informal settlements in
central Phnom Penh during the period from May to July. It engaged with the authorities in order
to prevent the use of force and to mitigate the impact of evictions. In correspondence and
meetings with the authorities, it expressed concern that the eviction practices ran contrary to
Cambodia’s obligations under the International Covenant on Economic, Social and Cultural
Rights. It requested a halt to relocations to uninhabitable sites outside the city, which lacked
water, sanitation and shelter, and underlined that evictions should be seen as a last rather than a
first recourse. It urged their suspension until adequate measures had been put in place to ensure
genuine consultation, legal redress and appropriate compensation for victims when relocations
were inevitable. It stressed the responsibility of the Government to protect the health and safety
of victims of evictions, and requested the authorities to allow NGOs to provide humanitarian
assistance, when NGOs were prevented from doing so.
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