recklessness as to whether or not they were false, and that they were made with a specific intention to cause harm to the party claiming to be defamed; 3. Public authorities, including police and public prosecutors, should take no part in the initiation or prosecution of criminal defamation cases, regardless of the status of the party claiming to have been defamed, even if he or she is a senior public official; 4. Prison sentences, suspended prison sentences, suspension of the right to express oneself through any particular form of media, or to practice journalism or any other profession, excessive fines and other harsh criminal penalties should never be available as a sanction for breach of defamation laws, no matter how egregious or blatant the defamatory statement. In Cambodia, implementation of the law is used to stifle expression in violation with the HRC as is demonstrated by the case studies in the following section. The criminal offense of defamation in Cambodia, in Article 305 of the Criminal Code, is neither a necessary nor proportionate restriction on the right to freedom of expression and in practice serves to stifle legitimate opposition, criticism and the freedom of individuals and the media. This violates citizens’ right to freedom of expression, a necessary staple for the development of a democratic society. Case Studies The following cases, where Cambodian citizens used their freedom of expression in legitimate ways, yet faced persecution and criminal charges, exemplify the way in which the criminalization of defamation, both previously under the UNTAC Penal Code and currently under the Criminal Code, continues to impede upon freedom of expression in Cambodia. Moreover, some of these cases highlight a clear trend of the RGC using defamation charges to silence those who voice criticism of the RGC and its policies. Dam Sith Dam Sith, the editor-in-chief of the pro-opposition Khmer-language newspaper Moneaksekar Khmer, was arrested and charged with disinformation and defamation under Article 63 of the UNTAC Penal Code in June 2008 for publishing an article that quoted an accusation by Sam Rainsy that thenForeign Minister Hor Namhong had links to the Khmer Rouge. He was held for over a week in prison on pre-trial detention before being released on 15 June 2008, after Prime Minister Hun Sen requested his temporary release.26 The charges were later dropped. One month later, Khim Sambor, a journalist for Moneaksekar Khmer who frequently reported on allegations of government corruption, was shot to death along with his 21-year-old son.27 On 7 July 2009, Dam Sith was again summonsed to the court to answer charges of defamation, disinformation and incitement. A week later, the charges were dropped after he was made to write a letter of apology to Prime Minister Hun Sen and offered to close the newspaper in return for the cessation of criminal charges against him.28 Earlier that same year, editors of two other proopposition newspapers – the Serei Pheap Thmei and the Khmer Mchas Sork papers – were also 26 Cheang Sokha, ‘Opposition newspaper editor freed from jail pending defamation trial’ The Phnom Penh Post (16 June 2008) http://bit.ly/1jf4c86 27 For case studies of all journalists killed in Cambodia since 1994: http://bit.ly/1iCILvW. 28 CCHR, ‘Dam Sith’s apology is evidence of government campaign to silence opposition’ (Press Release) (13 July 2009) http://bit.ly/1eqR0yy. 5