Rule of Law Ignored in Favor Of Orders From the Powerful

The arrest and detention of a Chakraval (Universe) Daily editor and reporter recently raised serious concerns about threats to so-called press freedom and violations of legal procedure in Cambodia—a country which has not yet figured out democracy.

Several local press organizations promptly reacted to the ar­rests, saying they were inappropriate acts of intimidation that violated the Press Law. The Cambo­dian Association for the Pro­tec­tion of Journalists issued a statement saying it “considers this brutal act…bad [behavior by] the Cambodian police when Cambo­dia pretends [to be] committed to the rule of law.”

Within days, Editor Keo Sor­phoan and reporter Chey Makara were released on an order from Prime Minister Hun Sen, whose advisers said the premier de­plored the arrests and cared deeply about press freedom.

Keo Sorphoan and Chey Ma­kara deserved to be released. But how will Cambodia achieve rule of law if everything is done by orders from the powerful? The two journalists were detained on an order and released on another order. If that is how things work, Cambodia might as well not even have laws.

Heng Pov, deputy police chief of Phnom Penh, acknowledged in news reports that his police arrested the journalists without a warrant from the court. He was following the orders of his superior, National Police Director General Hok Lundy, who was up­set with the paper, Heng Pov said.

At issue were two Chakraval Daily articles. The first was headlined “Landcruiser Bought by Hok Lundy for [his deputy] Sau Phan Confiscated; Will Customs Take Revenge on Hok Lundy?” The second was titled, “Murder­ers Looking to Kill Four Mobile Customs Officers.”

Police officials claimed the stories contained false information and were defamatory, although the second article didn’t even mention Hok Lundy. Apparently this was why they had to arrest the journalists immediately.

Officials often sue journalists whose stories they don’t like. With Cambodia’s corrupt courts, these suits are a form of intimidation themselves—but at least the journalists can fight back. It’s much worse to lock up all critics.

A similar situation occurred earlier this year when a Moneak­sekar Khmer (Khmer Con­science) journalist was forcibly taken to the Ministry of Interior for hours of “questioning.” These actions violate the independence of the press.

Government staffs are not known for working on the weekend, but Keo Sorphoan and Chey Makara were charged on Sat­urday, the same day they were ar­rested without a warrant. The next evening, they were released despite having formal charges against them—on the orders of someone even higher. There is no rule of law when only those giving the orders have the power to get anything done.

CNRP Candidate Walks Out of Election Debate Alleging CPP Sabotage

 

By Hul Reaksmey

And Simon Henderson

The Cambodia Daily

 

A Cambodia National Rescue Party (CNRP) candidate yesterday boycotted a political debate in Kandal province, which drew a crowd of about 5,000 people and was broadcast live via radio, because a group of audience-members purporting to be CNRP supporters had allegedly planned to sabotage the debate by staging a defection to the ruling CPP.

Ou Chanrith turned up at the packed pagoda in Sithor commune intending to participate in the debate, he said, but after learning of the intended disruption, walked out, leaving the stage to CPP parliamentary candidate Aun Porn Moniroth and Meas Chhayana from the Funcinpec Party.

“I decided to boycott the event because it was a set-up to disturb the forum in front of television news cameras,” Mr. Chanrith said, alleging that a group of CPP supporters had been paid to dress in CNRP election gear and stand up at some point during the debate to announce their defections to the CPP.

“The group was hired to switch their clothes. We spoke with some of them and they said they had been paid 30,000 riel [$7.50] to disrupt the meeting and were given CNRP t-shirts and caps,” Mr. Chanrith alleged.

Laura Thornton, senior director of the National Democratic Institute (NDI), which organized the debate, said that Mr. Chanrith absconded the event after NDI refused to either eject the group or force them to remove their CNRP clothing.

“NDI cannot ask anyone to leave our debates unless they violate the code of conduct or break the law. NDI could not, therefore, take action against people in Kandal based on allegations from the CNRP candidate about what he thought they might do,” Ms. Thornton said.

“Participants have the freedom to wear whatever clothes they choose, including t-shirts with party logos–whether or not they are true supporters of the party is irrelevant,” she added.

Ms. Thornton also said that Mr. Chanrith’s subsequent decision to boycott the pre-election was a “massive miscalculation” and a “missed opportunity” for the CNRP.

However, Mr. Chanrith said afterward that the risks of going ahead with the debate and broadcasting the false but highly damaging defection outweighed the potential benefits for the CNRP.

“We wouldn’t have gained anything from this,” he said. “Yes indeed, it would be broadcast to millions, and we do not have the media access to counteract before the election the powerful image of CNRP supporters defecting to the CPP,” he said.

But with the debate continuing in the CNRP’s absence, any critical questioning of the ruling CPP and Funcinpec-who are coalition partners-was left to the largely CPP-supporting audience.

One elderly woman asked Mr. Moniroth to explain the CPP’s habit of bringing gifts to villagers when election time comes around, which hushed the crowd and provoked some hard stares in her direction.

“The spirit of the CPP is the spirit of helping each other and sharing, meaning the rich help those who are poor,” Mr. Moniroth countered, adding that gift-giving is a Cambodian tradition and “not a bad thing.”

 

 

Related Stories

Latest News