Cambodian court case shows erosion of fundamental freedoms

Date: 13 June 2010
Spokesperson: Rupert Colville
Press Briefing Location: Geneva

The UN High Commissioner for Human Rights Navi Pillay is seriously concerned about the conduct of recent defamation proceedings against a prominent opposition politician in Cambodia. We believe this highly politicized case appears to show an alarming erosion of both freedom of expression and the independence of the judiciary in Cambodia.
Article 19 of the International Covenant on Civil and Political Rights – which has been ratified by Cambodia – states that everyone has the right to freedom of expression. Criminal law is still used to stifle freedom of speech in many countries. And that very much appears to be the situation in the case of Mu Sochua in Cambodia. While the right to freedom of expression must be tempered by the need to respect the reputations of others, this should be achieved through civil, not criminal, proceedings.

As well as being a member of the opposition, Mu Sochua is a serving member of the Cambodian parliament, a former minister of women’s affairs and a prominent womens’ rights defender. The case against her stems from comments made on 4 April 2009 by Cambodia’s Prime Minister Hun Sen, which were derogatory to her as a woman – it included a reference to the unbuttoning of her blouse – and led to her bringing a defamation case against Hun Sen.
On 23 April 2009, at a press conference, Mu Sochua announced her intention to sue the Prime Minister for defamation on the basis of his remarks, and subsequently filed proceedings on 27 April 2009. The following day, Mu Sochua was herself sued by the Prime Minister on the basis that publicly announcing her intention to sue him was itself defamatory. Mu Sochua’s case against the Prime Minister was dismissed, her parliamentary immunity was then lifted, and in August 2009, she was found guilty of defamation against the Prime Minister. The court imposed a fine on Mu Sochua and awarded damages to the Prime Minister. Her conviction was subsequently upheld by the Appeal Court in October 2009, and the Supreme Court in June 2010.
No evidence proving either damage to reputation or malicious intent was presented during the case against Mu Sochua. Instead, the Courts relied on correspondence between Mu Sochua and the Inter-Parliamentary Union and the Global Fund for Women to imply bad faith. The High Commissioner believes it is totally unacceptable under any circumstances that a letter to the IPU or any other international or inter-governmental organization should be seen as a reprehensible act and be used as evidence in court proceedings. Communicating with international organizations – including the UN Human Rights office itself – is part of the fundamental right to freedom of expression.

The Supreme Court has given Mu Sochua until 16 July to pay the fine imposed on her after her conviction, which she refuses to do. Mu Sochua now stands on the verge of imprisonment for merely exercising her legal right to express her view that she was defamed and her intention to seek a legal remedy. The criminal justice system is the bedrock of human rights protection. However in this case it has become a blunt instrument to silence freedom of expression. The case of Mu Sochua appears to show an alarming erosion of both freedom of expression and the independence of the judiciary in Cambodia. We believe the use of offensive language towards women in the Prime Minister’s statement deserves a response from the courts.
Imprisonment would also compromise Mu Sochua’s ability to run for the next parliamentary elections.

ENDS