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Wednesday, June 11, 2008

Statement form the Cambodian Club of Journalists condemning Dam Sith's arrest

Dam Sith (in blue shirt), Moneaksekar Khmer Editor, seen escorted by military police officers at the Phnom Penh municipal court
Dam Sith brought to the Phnom Penh municipal court by plainclothed and unirformed military police officers
Large contingent of military police presence in front of the Phnom Penh municipal court
Scene in front of the Phnom Penh municipal court
Several SRP MPs (Saumura Tioulong, Eng Chhay Eang) were also seen in front of the Phnom Penh municipal court

Statement form the Cambodian Club of Journalists condemning Dam Sith's arrest

09 June 2008
By Sopheak
Moneaksekar Khmer

Translated from Khmer by KI-Media
Source: KI-Media

Civil society, journalist Associations, as well as SRP MPs have all criticized the Phnom Penh municipal court for issuing a warrant to the military police force to arrest Dam Sith, the editor of Moneaksekar Khmer newspaper, at around 11:00 AM on 08 June while the latter was washing his car. Dam Sith’s arrest is a serious threat on the freedom of the press, and it is also a political threat during the approaching general election.

Eng Chhay Eang, SRP Secretary-general and SRP MP from Battambang province, told reporters that, according to the press law, this should not be a criminal arrest.

Eng Chhay Eang said that Dam Sith’s arrest was done to silence and threaten those who dare criticize the ruling CPP party, and that this act is a serious violation of the freedom of expression, just before the upcoming election.

Eng Chhay Eang added that, by what he understood, several CPP hot shots tried to attract Dam Sith and buy him out, but Dam Sith refused to sell himself, his conscience, and Dam Sith is still devoted his own conscience and will, this is why the ruling CPP party uses the pretext of defamation and disinformation charges to arrest him.

Eng Chhay Eang said that Dam Sith’s arrest was done based on a arrest warrant issued by Judge Chhay Kong from the Phnom Penh municipal court, and the warrant was served by the military police with Dam Sith’s arrest on 08 June, however, this arrest is a violation of the law.

Eng Chhay Eang told reporters that, by what he knows, Dam Sith was arrested under the charge of defamation, cursing and disinformation. He said that the ruling CPP party is using the court as its tool to fight its competitors, and that this constitutes a psychological threat against Dam Sith after CPP hot shots were not able to pull him over to the CPP, in spite of their promise to provide him a (high) position in the government in exchange for his defection.

Eang Chhay Eang said that Dam Sith’s arrest under the defamation and disinformation charges is a psychological threat because the National Assembly brought an amendment to the law to eliminate these cases from the criminal law, and no journalist should be jailed for writing articles construed as defamation and disinformation. The maximum such charges can bring is a fine on journalists whom the court found guilty.

Eng Chhay Eang said that the arrest warrant against Dam Sith is a violation of the law, and that Judge Chhay Kong violates the law and threatens the freedom of the press. Eng Chhay Eang asked that the Phnom Penh municipal court to release Dam Sith and to properly pursue the legal case, the court should not issue a warrant to arrest Dam Sith. Furthermore, the police should return back Dam Sith’s confiscated Toyota Highlander SUV bearing the license plate PP 2I-1899 to his family, because this is not a criminal case or a robbery case at all, it is only a defamation case. However, Sao Sokha, the military police chief, said that this decision is up to the court.

Eng Chhay Eang indicated that Dam Sith’s arrest affect the voters for the upcoming election because Dam Sith supports the SRP and he is also a SRP MP candidate for the city of Phnom Penh as well.

Chan Soveth, an investigating official for the Adhoc human rights organization, regrets to see Dam Sith being arrested, and he said that the arrest does not look regular at all. Chan Soveth added that Dam Sith was charged with defamation and disinformation based on Hor Namhong’s lawsuit, and he was arrested on a Sunday, therefore, this is a threat on the freedom of journalists.

Chan Soveth said that Dam Sith’s arrest is a serious violation on human rights, and it poorly reflects on the freedom of journalists. He added that Dam Sith was coaxed by a number of CPP officials to join the CPP, and he said that Dam Sith’s arrest may be politically motivated because the Moneaksekar Khmer newspaper supports the SRP.

Chan Soveth also said that if Dam Sith was arrested because he refused to join the CPP, his arrest would be very unfair and it would constitute a political threat.

Immediately after Dam Sith’s arrest at 11:00 AM on 08 June 2008, 2 journalist associations: the Association of Journalists Watchdog and the Association of Democratic Journalists of Cambodia, issued a joint statement saying that they regret seeing the military police force arresting Dam Sith based on the warrant issued by Judge Chhay Kong.

The two associations indicated in its joint statement that the arrest warrant against Dam Sith violates the law because the National Assembly amended the law to remove defamation cases from the criminal law, therefore, no journalist should be arrested for defamation, cursing or disinformation. The 2 journalist associations called Dam Sith’s arrest a serious threat on the freedom of the press, and they call on Judge Chhay Kong to review the case in order to release Dam Sith back. On Sunday evening, the Phnom Penh municipal court decided to detain Dam Sith temporarily even though the court was being heavily criticized by local and international observers for this serious violation of the law. On Monday 09 June, most likely, several embassy officials from major countries will intervene on behalf of Dam Sith because the SRP had already informed a number of donor countries about this case. Dam Sith’s arrest and detention is political as he is the editor of an opposition newspaper and also a SRP MP candidate for the city of Phnom Penh.

Kom Sam On, Dam Sith’s defense lawyer said that the detention of Dam Sith for defamation and disinformation stems from the fact that he was quoting opposition leader Sam Rainsy who said that Hor Namhong was the former Boeng Trabek jail chief under Pol Pot’s regime. The disinformation charge still leads to imprisonment according to the law, but he said that in his defendant case, just under the prosecutor charges, Dam Sith was immediately sent to jail. As for the defamation charge, no one indicated which sentence in the article touched upon the defamation case, nobody provided any clarification at all.

Dam Sith’s defense lawyer Chung Choungy claimed that the charges brought against his defendant stem from the accusation raised by Ka Savuth, Hor Namhong’s lawyer. However, Chung Choungy said that his defendant detention is not correct because, according to his study of this case, there is no disinformation reported at all, the article was merely quoting Sam Rainsy’s words.

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