A/HRC/18/47
23.
OHCHR monitored demonstrations involving community representatives, housing
rights activists, trade union leaders and civil society members and made protection
interventions where necessary to allow peaceful protests to proceed, avoid violence, and
where this failed, secure medical treatment for the injured. OHCHR largely enjoyed open
and professional relations with law enforcement officials on the ground. Protest gatherings
in the context of disputes related to land or industrial action were routinely refused
permission, and in some instances resulted in violence by both police and protesters. On
several occasions, permission was denied on the grounds of a threat to public order, as was
the case with requests by teachers to celebrate International Teachers Day and by a
women’s organization to commemorate International Women’s Day.
24.
OHCHR continued to cooperate with the Ministry of Interior and other actors to
contribute to fostering an environment whereby citizens can assemble and peacefully
discuss and express their views. The implementation guide on the new Law on Peaceful
Demonstrations, developed with the Ministry of Interior and the East-West Management
Institute, was published in 2011. Its purpose is to provide practical guidance to the
authorities, civil society members and end-users to implement the law in accordance with
international human rights standards. A draft training of trainers manual on the Guide is
being completed with a view to rolling out trainings across Cambodia with the Ministry of
Interior.
25.
Charges of defamation, disinformation and incitement continued to be brought
against individuals peacefully expressing their views, or disseminating information. The
ability of individuals and groups to peacefully exercise their rights to freedom of
expression, freedom assembly and freedom of association continues to be challenged.
OHCHR also monitored high-profile court cases and those affecting ordinary Cambodians.
In July 2010, OHCHR monitored a defamation case against opposition member of
Parliament Mu Sochua, who was convicted of defaming the Prime Minister and fined
despite the lack of evidence of damage to reputation, and other deficiencies in the trial. The
High Commissioner opined that the conviction showed “an alarming erosion of both
freedom of expression and the independence of the judiciary in Cambodia”. In February
2011, a villager and a human rights defender were prosecuted for expressing the view that a
land dispute should be settled by the courts before a company cleared the disputed land. In
December 2010, a World Food Programme employee was arrested, in one of the first cases
under the new Penal Code, and charged with “incitement to commit a felony” for printing
two alleged “anti-government” articles from a website and sharing them with his
colleagues. OHCHR was unable to monitor proceedings which, from arrest to conviction
and imprisonment, took place within 72 hours over the course of a weekend. A recurring
feature of a number of these proceedings is the lack of evidence to support the charge and,
in defamation cases, a total lack of evidence as to the damage allegedly caused. In one case
(that of Moeun Sonn referred to in previous reports), an appeal against a conviction on
disinformation resulted in the conviction being changed to one of incitement, with no notice
to the appellant nor his lawyer. A notable development was the release of Thach Saveth
who had spent almost seven years in prison for the alleged murder of a trade union leader
despite a lack of credible evidence and procedural irregularities. The conviction by the trial
court was overturned by the Supreme Court in March 2011. These cases are representative
of those monitored by OHCHR during the reporting period.
26.
A proposal by OHCHR to run a series of seminars for the judiciary on the
application of international human rights law to interpreting the Penal Code in the area of
freedom of association has in principle been accepted by the Ministry of Justice.
27.
OHCHR monitored, investigated and undertook protection interventions in a large
number of cases during the reporting period, many involving communities of hundreds of
people. OHCHR undertook sustained interventions in the following cases: one in which a
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