The Cambodian Human Rights and Development Association (ADHOC), the Cambodian Center for Human Rights (CCHR), and the Cambodian League for the Defense and Promotion of Human Rights (LICADHO) condemn the arrest and detention on Sunday of Moneaksekar Khmer editorin- chief Dam Sith, which we believe was politically-motivated.

On Sunday morning, June 8, national military police officers wearing civilian clothes arrested Dam Sith at a Phnom Penh car-washing shop. After several hours at the national military police headquarters, he was sent to Phnom Penh court where he was charged with defamation and
disinformation and sent to Prey Sar prison for pre-trial detention.

Dam Sith was charged following a complaint against him by Minister of Foreign Affairs Hor Namhong, regarding an article published in Moneaksekar Khmer on April 18. The article reported on a speech made by Sam Rainsy Party (SRP) president Sam Rainsy, at a Khmer Rouge victims' commemoration on April 17, in which he made comments about several government ministers. Hor Namhong subsequently filed a court complaint against both Sam Rainsy and Dam Sith.

ADHOC, CCHR and LICADHO believe the arrest of Dam Sith was clearly unnecessary, as he had willingly presented himself to the Phnom Penh Municipal Court three days earlier for questioning about Hor Namhong's complaint.

Furthermore, the arrest and detention of Dam Sith reflects the Cambodian judiciary's continued disregard for the civil provisions of the 1995 Press Law, in favor of using the older UNTAC Criminal Code of 1992. In this case, any alleged defamation committed by Dam Sith could have been dealt with under the Press Law but instead he has been charged with the criminal offences of defamation & libel (Art 63, UNTAC law) and disinformation (Art 62).

Prison sentences for defamation and libel have been abolished, but disinformation still carries a sentence of up to three years in prison. According to the law, disinformation is defined as the malicious and knowing publication of false information which disturbs or is likely to disturb the public peace.

In the case of Dam Sith, ADHOC, CCHR and LICADHO are aware of no evidence that the Moneaksekar Khmer about Sam Rainsy's speech in any way disturbed the public peace. It seems that the court added the disinformation charge to the defamation charge simply to ensure that Dam Sith, who is also an SRP candidate in the upcoming national elections, could be imprisoned shortly before the elections.

In addition, we note that this arrest comes a little more than a week after the government ordered the closure of Angkor Ratha FM105.25, a local radio station in Kratie province, after it had rented airtime to political parties. It appears that the government is increasingly cracking down on the right to freedom of information and freedom of expression in Cambodia, with grave consequences for the forthcoming elections.

ADHOC CCHR, and LICADHO urges the Phnom Penh court to immediately release Dam Sith and for the complaint against him to be dealt with according to the civil Press Law, not the Criminal Code.

In addition, we urge members of the national and international communities who wish to see free and fair elections in July to express strong concern to the Cambodian government about the increasingly hostile environment facing opposition political parties in the pre-election period.

For more information, please contact:
▪ Kek Galabru, LICADHO President, 012 940 645
▪ Chan Soveth, ADHOC Program Officer of Investigation Unit, 016 937 531
▪ Ou Virak, CCHR Director, 012 404 051

PDF: Download full statement in English - Download full statement in Khmer