CRITIC OF ANGKOR LIGHTING CONVICTED IN ABSTENTIA ON DISINFORMATION CHARGE

UNCLAS SECTION 01 OF 02 PHNOM PENH 000493



SENSITIVE

SIPDIS



STATE FOR EAP/MLS, P, D, DRL



E.O. 12958: N/A

TAGS: PGOV, PHUM, PREL, KJUS, KDEM, CB

SUBJECT:

CRITIC OF ANGKOR LIGHTING CONVICTED IN ABSTENTIA ON DISINFORMATION

CHARGE



REF: A) PHNOM PENH 489

B) PHNOM PENH 469



SENSITIVE BUT UNCLASSIFIED



1. (SBU) SUMMARY. The Phnom Penh Municipal Court (PPMC) convicted

and sentenced the head of the Khmer Civilization Foundation (KCF) in

absentia July 14 on charges that he had defamed the government and

incited social disorder by suggesting that lights installed at the

Angkor Wat temple would damage the national landmark. This case

illustrates the constricted room for "fair comment" in Cambodian

public discourse, as well as the current unwillingness of Deputy

Prime Minister Sok An to be as forgiving of his critics as the Prime

Minister. END SUMMARY.



COMMENTS ON ANGKOR LIGHTING INCITE "ANARCHY"

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2. (U) KCF Head Moeung Sonn stated in a May 26 interview with Radio

Free Asia that the heat from a new light installation project at the

world-famous Angkor Wat temple would damage the structure. The

Apsara Authority, the government entity responsible for management

of the UNESCO World Heritage site, managed the light installation

project. Moeung Sonn repeated his comments to other news outlets in

a press conference. He reportedly also accused the government of

drilling holes into the temple walls as part of the installation,

although he later denied having said this in a July 4 statement.



3. (U) Deputy Prime Minister and Apsara Authority President Sok An

filed charges June 2 against Moeung Sonn for spreading

disinformation, under Article 62 of the Transitional Criminal Law.

The Deputy Prime Minister defended the suit at the National Assembly

June 19 when he told 98 MPs that Moeung Sonn's comments spread false

information "to cause chaos and confusion among the public." The

PPMC filed formal charges against Moeung Sonn June 26, and on July

14, Judge Chhay Kong sentenced him to two years in prison, fined him

7 million riel (approximately $1,657),and ordered him to pay 8

million riel (approximately $1,894) in compensation to the Apsara

Authority for his statements. In his decision, Chhay Kong stated

that Moeung Sonn had damaged the government's reputation and caused

"anarchy and disorder" in society. The PPMC authorized the Ministry

of Interior to arrest and imprison Moeung Sonn, who fled to France

in June shortly after he was charged.



4. (SBU) Moeung Sonn's lawyer, Sam Sokong of the NGO Cambodian

Defenders Project (CDP),told Pol Assistant that he had asked the

judge to delay the hearing on the grounds that the case had not gone

through the proper investigative process. He noted as an example

that the government's complaint cited an unrelated April 23 press

conference in which Moeung Sonn had discussed the need for

compensation for market vendors at the Preah Vihear temple who lost

their stalls to a Thai rocket earlier this year, rather than the May

26 press conference in which Moeung Sonn had discussed Angkor Wat.

Prosecutor Cheng Huot argued that the prosecution already had enough

evidence to proceed with the trial, and he stated that Moeung Sonn's

statements had the intent of inciting "chaos" nationwide, and that

comments about Angkor Wat are "dangerous and sensitive." Judge

Chhay Kong agreed with the prosecution and allowed the trial to

proceed.



5. (SBU) Sam Sokong told Pol Assistant that he planned to submit a

request to the PPMC to hold a new hearing. He explained that he

could request a retrial on behalf of Moeung Sonn, as opposed to an

appeal, because the defendant had been tried and convicted in

absentia. Sam Sokong said that Moeung Sonn plans to remain in

France for now to avoid arrest.



DESPITE APOLOGY, NEWSPAPER MAN STILL FACES CHARGES

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6. (SBU) In a separate case against opposition newspaper publisher

Dam Sith (Ref B),the prosecutor is reportedly considering dropping

charges at the request of the government's lawyer. Dam Sith was hit

July 8 with charges related to defamation, disinformation, insults,

and incitement following the publication of a series of articles

deemed critical of the government. The same day, Dam Sith issued a

formal apology to Prime Minister Hun Sen, who then instructed the

government's lawyer to drop the suit. The government attorney who

filed the lawsuit, Long Dara, submitted a letter to the PPMC

prosecutor on July 10 withdrawing the complaint. On July 14, Dam

Sith's lawyer submitted to the PPMC prosecutor a cover letter and

copy of the apology letter to the PM. The prosecutor reportedly may

take a week or two to send Dam Sith the formal notice dismissing the

charges against him.



COMMENT

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PHNOM PENH 00000493 002 OF 002





7. (SBU) As reported in reftels, disinformation suits are the ruling

Cambodian People's Party's weapon of choice these days in silencing

its critics. Moeung Sonn's case seems a particularly egregious

application of the disinformation criminal charge, which carries a

possible three-year jail sentence. For now, Sok An has shown

himself to be less forgiving of his critics than the Prime Minister,

as illustrated by his refusal to accept an apology from jailed

journalist Hang Chakara. This latest case illustrates the

constricted room for "fair comment" in Cambodian public discourse.





RODLEY