A/HRC/12/41
page 10
34. The most significant political development of 2008 was the general election on 27 July and
the formation of a new Government. OHCHR limited its role to monitoring instances of violence
related to the elections. Its main findings were summarized in a press release on 29 July. The
elections passed without significant violence - a welcome change to previous elections which
have been marred by widespread human rights abuses. It noted, however, the impact on the
political climate of the assassination of journalist Khim Sambor and his son on 11 July 2008.
Khim Sambor was a reporter for the newspaper Moneaksekar Khmer (Khmer Conscience),
affiliated with the opposition Sam Rainsy Party (SRP). While the murder appeared unrelated to
the elections, it clearly had a chilling effect on an already frightened local media. To date there
has been no meaningful investigation into the case. This murder follows eight actual or
attempted assassinations of journalists in Cambodia since 1994, and three other fatal instances
which remain unclear, for none of which the perpetrators have been punished.
35. During the months preceding the election, OHCHR observed an organized effort by the
ruling party to pressure, intimidate and offer rewards to influential individuals belonging to
opposition parties to persuade them to switch allegiance, the mobilization of civil servants to
campaign for the ruling party, and the use of threats and intimidation. One illustrative example
was the arrest of Tout Sarorn, a commune chief and member of the opposition Sam Rainsy Party
in Kompong Thom province. He was accused by a fellow party organizer, who had been
pressured to defect, of placing her in confinement on 16 February 2008. OHCHR interviewed
witnesses at the time of the alleged action, including the plaintiff herself, but found no evidence
to support her claim. Its efforts to share its information and discuss the case with the Provincial
Court, the Supreme Court, the Cambodian People’s Party (CPP) and the SRP yielded no result.
Tout Sarorn was convicted and sentenced to three years in prison on 20 March 2009. Three
others, co-accused in the same case went into hiding to escape arrest.
36. Despite restrictions on freedom of expression largely being lifted during the month-long
election campaign period, OHCHR, as well as all other observers, noted the overwhelming
dominance by the CPP of both broadcast and print media, and the continuing attempts to silence
critical voices. In this context, an illustrative case was the arbitrary closure by the Ministry of
Information of the Angkor Ratha radio station in May 2008 because of fears by provincial
authorities that it would sell airtime to opposition parties. OHCHR raised the case with the
Minister of Information, who explained that the concern was the selling of airtime to “foreign
interests”. He assured OHCHR that he would reissue the licence before the elections, which he
did not do. The repeated attempts of OHCHR to persuade the Minister to reissue the licence were
in vain. The radio station remains closed.
37. Civil society organizations, remaining opposition newspapers, opposition parties and
foreign-language media continue to enjoy considerable freedom of expression in the country, and
more particularly in the capital. Since the beginning of 2008, however, OHCHR has observed a
growing recourse by Government officials and individuals to criminal defamation or
“disinformation” complaints to respond to public criticisms. In most cases, the targets have been
opposition party figures, including Members of Parliament, as well as journalists and activists
expressing views deemed critical of Government policies and practices. The recourse to such
legal actions, which carry the threat of prohibitive fines or imprisonment, instead of engaging in
public debates on the issues raised, threatens to undermine the exercise of freedom of expression
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