Cambodia: As trial starts, regional lawmakers call for charges against Kem Sokha to be dropped

JAKARTA – As Kem Sokha’s trial hearing started today, regional lawmakers reiterated their calls for the Cambodian authorities to immediately and unconditionally drop the charges against him and fully restore his rights to movement and political participation. 

“Kem Sokha has been put through so much already since these baseless accusations were brought over two years ago. This farcical trial should be brought to an immediate end and the charges against him dropped. Kem Sokha must be freed unconditionally and be provided access to justice and reparations for his unlawful detention,” said Tom Villarin, former Member of the House of Representatives of the Philippines and ASEAN Parliamentarians for Human Rights (APHR) member. 

“Kem Sokha’s arrest and detention have been part of a much broader and sustained assault on the political opposition of Cambodia. This trial is a warning and reminder from the government to millions more politicians, activists, journalists and ordinary Cambodians that there is no space for human rights in today’s Cambodia.”

The Phnom Penh Municipal Court will start hearing the trial against Kem Sokha, President of the now-dissolved Cambodian National Rescue Party (CNRP), today. Kem Sokha was charged in September 2017 with treason for conspiring with a foreign power to overthrow the Cambodian government under Article 443 of the Criminal Code. If found guilty, he could face up to 30 years in prison. 

“Time and again the courts in Cambodia have demonstrated that they respond more to Hun Sen than to the facts and evidence presented to them. This lack of independence of the Cambodian judiciary and last minute restrictions placed by the court on trial monitors should raise serious concerns regarding Kem Sokha’s right to a fair trial,” added Tom Villarin. 

Despite the court announcing that the hearing would be public, only 30 persons are allowed into the courtroom. People who wanted to attend had to register ahead of the trial and while embassies were given seats, independent human rights NGOs and media were not able to enter the courtroom.

Hun Sen’s meddling into the judiciary was also evident when the detention conditions of Kem Sokha were changed the same day he ordered the courts to release on bail more than 70 political activists. Hun Sen’s order took place shortly after the EU submitted a report that could lead to the suspension of the country’s “Everything But Arms” trade preference. The EU is expected to make a formal decision on the matter next month based on Cambodia’s human rights record.

Kem Sokha was arrested on 3 September 2017. He was released on bail in September 2018 but placed under house arrest. In November 2019, Kem Sokha was allowed to leave his house under the conditions that he does not participate in political activities, does not travel abroad, and continues to cooperate with judicial investigators. 

“Saying that Kem Sokha has been ‘released’ is misleading and clearly an attempt by Hun Sen to ward of international sanctions. Not only should the Cambodian authorities drop the charges against Kem Sokha but they must immediately restore all his rights, including his right to movement and right to political participation in politics and public affairs,” said Charles Santiago, Malaysian MP and Chair of APHR.

“We also must not forget that Kem Sokha’s trial is only the top of Cambodia’s repressive iceberg. Dozens of CNRP members and activists remain charged for their peaceful political activism and many were forced into exile. Any potential positive outcome in the case against Kem Sokha must not overshadow the fact that they too must see charges against them dropped. Those living in exile must be allowed to return home. There should be no respite on the pressure on Hun Sen until the conditions for a legitimate political opposition are returned,” he added.

Background:

Following significant gains in commune-level elections by the CNRP in 2017, Cambodian authorities detained CNRP President Kem Sokha on 3 September 2017 on trumped-up charges and several CNRP members fled the country in fear of arrests. In November 2017, a Supreme Court ruling dissolved the CNRP for allegedly attempting to overthrow the government, and banned 118 of its members from politics for five years. In July 2018, Cambodia held widely discredited elections in which the CNRP was not allowed to compete. As a consequence, Hun Sen’s ruling Cambodian People’s Party (CPP) currently holds all 125 of the seats in Parliament.