By Lauren Crothers
PHNOM PENH, Cambodia (AA) – Cambodia’s ruling party has brought a defamation lawsuit against a leading political analyst after he suggested that it stood to benefit from a sex scandal encircling the opposition’s deputy leader.
The analyst, Future Forum founder Ou Virak, told Anadolu Agency on Tuesday that the suit could have a “chilling effect” on freedom of expression in a country that is already considered “not free” by the democracy watchdog Freedom House.
On Monday evening, Virak announced on social media that a lawsuit against him, and based on Article 305 of the criminal code, had been filed at the Phnom Penh Municipal Court by Sok Eysan, a spokesperson of the ruling Cambodian People’s Party (CPP).
Defamation lawsuits have become increasingly common in Cambodia; the opposition leader, for example, is currently in exile again to try and avoid being jailed in one case, and has since been implicated in another.
The Cambodia Daily on Tuesday quoted from the filing, which took issue with Virak having told Radio Free Asia that the CPP’s strategy “now is to try to put pressure on [Cambodia National Rescue Party deputy leader] Kem Sokha and his finances”.
Sokha became embroiled in the scandal in March, when a series of leaked phone calls — purportedly to mistresses — referenced the purchase of properties.
The Anti-Corruption Unit is now investigating whether or not these were corrupt purchases.
Sokha is also currently being sued by one of the alleged mistresses.
Virak told Anadolu Agency on Tuesday that the defamation suit is “an indication that you have a nervous ruling party that seems to be affected by criticism.”
He added that it is a party so upset that it is “going to be quite dirty in defending that power” as the country heads toward the next election season for the 2018 polls.
Monday’s lawsuit “wouldn’t fly in any court, but that’s the scary part — we don’t have an arbitration system or justice system that we can have faith in,” Virak said. “The political temperature is rising.”
According to Article 305, defamation proven in court is punishable by a $100,000 fine — something Virak said he absolutely refuses to pay, both out of principle and because he lacks the means.
Although Cambodian courts can be sluggish in their responses to some filings, Virak said he expects to receive a summons to appear within the next few days.
“The courts work efficiently when they need to,” he said.
Virak stands by his comments, despite also dreading the “unwelcome” attention the suit has brought with it.
He said he wishes the government could focus on more important issues affecting the country.
Council of Ministers spokesperson Phay Siphan denied Tuesday that the CPP is overly litigious and trying to shrink the space in which citizens can freely express their opinions.
“The issue is coloring the CPP… without proof,” he told Anadolu Agency. “It incites people against the CPP, and that is not fair to the CPP. A number of people take advantage of freedom of expression.”
He also denied that the party is nervous.
“You cannot insult or defame. Criticizing is different from defaming people. The government encourages the people to criticize. It comes directly from the people and tells the government about its own policies and activities,” Siphan said.
“The Prime Minister [Hun Sen] set up his Facebook to hear criticism. But inciting and misleading, we don’t want this,” he added.
As for the affair scandal swirling around Sokha, Siphan insisted that the CPP doesn’t know “what’s going on with that.”
