A/HRC/7/56
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authorities stated that the death was a result of suicide but were unable to provide an adequate
explanation as to how Mr. Oum, while in police custody, was able to escape and jump from a
first floor balcony, after he had reportedly already made several attempts to take his own life.
Similarly, they declined to provide an official record of the investigation, including a
post-mortem examination certificate.
11. Following much welcomed changes to the defamation law in 2006 (removal of
imprisonment as a penalty for defamation), there has been a clear decline in defamation
charges, but a marked shift toward recourse to public prosecution for the crime of
disinformation, which still carries a prison sentence. On 15 February 2007, the Office observed
the trial of three Khmer Krom individuals at the Phnom Penh Municipal Court on charges of
disinformation. They were accused of distributing leaflets in Cambodia accusing the
Government of betraying the people and protecting Vietnamese interests. They were found
guilty, even though no evidence was produced directly linking them to the leaflets, and
sentenced to six months in prison. No witnesses were heard in court. On 28 February 2007, the
Office monitored the trial of Tieng Narith, a university professor, on charges of disinformation.
He was sentenced to two and a half years in prison and fined 5 million riel for authorship of an
unpublished book which was highly critical of the Government. The Office also monitored the
case of Soeun Savan, President of the Khmer Kampuchea Krom Friendship Association in
Takeo Province, who had sought the release of a group of 48 Khmer Krom detained after
crossing into Cambodia from Viet Nam in February 2007. Mr. Soeun was charged with
disinformation for allegedly having referred to the group as “refugees” in statements to the press.
The prosecution argued that the statement was aimed at misinforming the public in order to
create public disorder, since the Cambodian Government considers Khmer Krom to be Khmer
citizens. His case is pending at the Takeo Provincial Court.
12. As in previous years, there were marked restrictions on the exercise by citizens of their
constitutionally-guaranteed right to peaceful assembly. On 27 February 2007, the Office
intervened to defuse a stand-off between police and a group of Khmer Krom monks protesting
outside the Vietnamese Embassy against the alleged repression of fellow monks in Viet Nam.
One of the protesting monks was found dead two days later at his pagoda in Kandal Province.
Despite the fact that his throat had been slit several times, police characterized the death as
suicide. Attempts by monks on 21 March to hold a Buddhist ceremony for the dead monk at his
pagoda were impeded by police. Following the February 2007 demonstrations which attracted
international news coverage, Khmer Krom organizations came under increasing pressure from
the authorities to temper their activities. On 8 June 2007, the Ministry of Cults and Religion and
the Patriarch of Phnom Penh, Non Nget, issued a directive ordering monks to refrain from
engaging in public demonstrations. The constitutionality of this directive has been publicly
questioned by a member of the Constitutional Council. Monks are similarly barred from voting
in elections.
13. The Office also intervened with the office of the Provincial Governor in Ratanakiri to ask
for clarification of the grounds for prohibition of a workshop, planned in advance, gathering
local communities and commune and district officials to discuss the implementation of the
Land Law. Following the workshop, a small, peaceful march was organized in the capital of the
province, calling for the effective implementation of a statement by the Prime Minister
concerning the protection of land and forestry in the province. The march, which posed no
security threat, was prohibited and eventually dispersed by the fire brigade.
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