Office of the Prime Minister

Phnom Penh,

Cambodia

24 January 2006

Dear Prime Minister,

I am writing to you on behalf of the International Bar Association to express our concern about the arrests of several individuals on criminal defamation charges.

The International Bar Association is a global federation of lawyers, Law Societies and Bar Associations that works to influence the development of international law reform and shape the future of the legal profession. Its 195 Member Organisations and 25,000 individual members cover all continents. The IBA’s Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and legal profession world-wide.

We have been informed of the arrest and prosecution of several leading members of civil society organisations, political parties and unions in recent months. Individuals arrested include Keh Sokha and Pa Nguon Teang of the Cambodia Centre for Human Rights; Yeng Virak, Director of the Community Legal Education Centre; Mam Sonando, owner and manager of the radio station Sombok Khmum; Rong Chhun, President of Cambodian Independent Teachers’ Association (CITA); and Sam Rainsy, leader of the Sam Rainsy Party. The individuals have been charged with criminal defamation in relation to a variety of statements which were reportedly critical of the Government. We welcome the recent decision to release them on bail.

Prime Minister, the right to the freedom of expression is considered to be a key human right, due to its role in enhancing the respect of, and the exercise of, other human rights, and the fundamental role that it plays in a democracy. International law recognises that this right needs to be exercised with caution, and provides that it can be restricted in order to ensure respect for the rights or reputations of others and for the protection of national security, public order, public health or morals. Equally, international law emphasises that Governments must also act with caution when restricting free speech upon one of these grounds, requiring that restrictions must be prescribed by law and to be necessary in the circumstances. A key component of necessity is the proportionality of the response and any action should not have the effect of stifling open public debate on matters of general or specific public interest.

International bodies, including the UN Human Rights Committee and the UN Special Rapporteur on the promotion and protection of the right to the freedom of expression, have recognised that whilst international law does not prohibit absolutely the imposition of criminal sanctions in the case of defamation, given the dominant position of the Government it is important that it shows restraint in resorting to criminal proceedings, particularly where other options are available for responding to criticism.

We are gravely concerned that a pattern of usage of criminal defamation charges is emerging in order to respond to all forms of criticism of the Government. Furthermore, the threat of this sanction in relation to the types of statements that have reportedly been made in these cases is disproportionate to such a degree that aside from its inappropriateness in the current situation it is having the broader impact of deterring the freedom of expression in Cambodia. Prime Minister, we urge you to consider alternate measures that do not undermine the freedom of expression in Cambodia and permit the free discussion of issues in the public interest.

Yours sincerely,

Justice Richard J Goldstone

HRI Co-Chairs                                   

CC:         HE Mr Hor Nambora, Ambassador, Royal Embassy of Cambodia, UK