CAMBODIA

Legal Action


June 28
Chan Rotana, Samleng Yuvachun Khmer, IMPRISONED, LEGAL ACTION
The Supreme Court upheld the disinformation conviction of Rotana, editor of Samleng Yuvachun Khmer (Voice of Khmer Youth), as well as his one-year prison sentence and fine of 5 million riels (US$2,000). Rotana was immediately arrested and imprisoned, but was released on July 5 under a pardon from King Norodom Sihanouk that was agreed to by co-prime ministers Prince Norodom Ranariddh and Hun Sen. Rotana had been convicted on Feb. 27, 1995, of violating Article 62 of the Criminal Code, which bars the publication in bad faith and with malicious intent of false news that "has disturbed or is likely to disturb the public peace." The charges related to an article in the paper's Jan. 12-13, 1995, edition, titled "Ranariddh is More Stupid than Hun Sen Three Times a Day," which accused Prince Ranariddh of naively following Hun Sen's dictates.

August 23
Hen Vipheak, Serei Pheap Thmei, IMPRISONED, LEGAL ACTION
The Supreme Court found Vipheak, editor of Serei Pheap Thmei (New Liberty News), guilty of disinformation and upheld his one-year prison sentence and fine of 5 million riels (US$2000). The court struck down a lower court's order for Serei Pheap Thmei to be closed. King Norodom Sihanouk on Aug. 30 granted Vipheak a pardon, consented to by co-Prime Ministers Prince Norodom Ranariddh and Hun Sen, and Vipheak was released the same day. Vipheak had been convicted on May 20, 1995, under Article 62 of the Criminal Code, which outlaws the publication of false information in bad faith and with malicious intent that "has disturbed or is likely to disturb the public peace." The charges stemmed from a Feb. 6, 1995, article in Serei Pheap Thmei titled "Country of Thieves." It was a satirical commentary on corruption in the various branches of government. Vipheak was also charged for a cartoon that depicted Hun Sen holding a gun to Ranariddh's head. An appeals court on Dec. 22, 1995, upheld his sentence, but Vipheak remained free pending his Supreme Court hearing. The Supreme Court refused to retry Vipheak under Cambodia's new press law, which supersedes Article 62 and does not include libel as a criminal offense.

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