ARTICLE

On 11 October, 2005 at approximately 7 am, Mr Mam Sonando, director of Beehive Radio FM 105, was removed from his house in Kean Svay Districtm Kandal Province. He was arrested without warrant by Kandal Police and was witnessed by media representatives and NGO workers.

On the same morning Mr Mam Sonando was brought before the Phnom Penh Municipal Court where he was charged with defamation under Article 63 of the UNTAC Law. The charges related to the broadcasting on 20 September 2005 of a radio interview between Mr Mam Sonando and Mr Sean Pengse, the former President of the Paris-based Cambodia's Border Committee. During the interview, it was alleged that Mr Mam Sonando elicited criticisms of Prime Minister Hun Sen's recent involvement in Cambodia's border control issues with Vietnam. The comments came before the Prime Minister was due to sign the controversial Supplemental Agreement to the 1985 Cambodia-Vietnam Border Treaty.

A defamation action brought under Article 63 of the problematic UNTAC Law is a criminal case which involves government intervention (arrest and detention) and could potentially involve a prison sentence. This is in contrast to the more appropriate civil or personal defamation law suit which can be brought under the Press Law and only involves one party seeking compensation from another for the publication of false information.

The Royal Government's decision to bring criminal charges against Mr Mam Sonando is an outrage and is a serious threat to the freedom of expression, press and publication which is specifically guaranteed by Article 41 of the Constitution of the Kingdom of Cambodia. The Press Law under Article 20 also clearly states that no person can be arrested as the result of expressing their opinion and this arrest only demonstrates the lengths to which the Royal Government will go to silence free opinion and criticism.

The arrest also follows closely from recent comments by the Ministry of Culture that a sub-decree is being drafted that aims to give the Royal Government the ability to "correct" published history books for any alleged inaccuracies. This disturbing trend of censorship and suppression will impact on the ability of the people of Cambodia to receive information, express their opinion and to live in a democracy.

Unfortunately this is not the first time Mr Mam Sonando and his radio station have been targeted by the Royal Government. On January 30 2003, Mr Mam Sonando was arrested without warrant from his home and charged with "incitement leading to commission of a crime," "incitement to discrimination," and "disinformation" under Articles 59, 61 and 62 of the UNTAC Law. The charges related to the allegation that the radio station helped to incite the anti-Thai riots that occurred on January 29 2003. Mr Mam Sonando was eventually released after 2 weeks detention.

At present there is concern for the treatment, health and safety of Mr Mam Sonando who is currently in detention at Prey Sar Prison. So far, his detention prison officials have refused to allow anyone to see him, including his wife and family and human rights workers.

Following Mr Mam Sonando's arrest, on 15 October 2005, Rong Chhun, President of the Cambodian Independent Teachers' Association was arrested at the Poipet border in Banteay Meancheay. Chhun was later brought to the Phnom Penh Municipal Court and was charged with defamation and "incitement of others to commit a criminal offence without the offence being committed".

The arrest was in response to a public statement, issued on 11 October by the Cambodia Watchdog Council and signed by Rong Chhun and three other Council members. The statement criticised the border agreement between Vietnam and Cambodia, which Prime Minister Hun Sen signed during his visit to Vietnam this week. Arrest warrants for the three other Council members have also been issued, they are: Man Nath, Director of Cambodia's Independent Civil Servants' Association, Chea Mony, President of the Free Trade Union of Workers of the Kingdom of Cambodia, and Ear Channa, Deputy Secretary General of the Students' Movement for Democracy. Man Nath and Ear Channa, are both currently in Thailand, while Chea Mony is in Ireland.

On 19 October 2005 the Thailand Embassy in Cambodia received an official request from the Cambodian Royal Government for Man Nath and Ear Channa to be extradited to Cambodia.

LICADHO strongly urges the Royal Government to drop all the charges immediately and unconditionally and to pursue defamation actions through the appropriate civil courts or in a public forum.