Jan 21, 2022 | DFF, Statements
JAKARTA – As the trial of Kem Sokha, leader of the dissolved Cambodia National Rescue Party (CNRP), resumes after a two year delay, Southeast Asian parliamentarians have reiterated their call for Cambodian authorities to immediately and unconditionally drop the treason charges against him.
“The arbitrary arrest and politically-motivated treason charges against Kem Sokha have no place in a normal and functioning democracy. This is just another example of how the rule of law has existed by name only under Prime Minister Hun Sen’s government. The arrest of Kem Sokha in 2017, and the subsequent dissolution of CNRP, was clearly aimed at eliminating any true political opposition for the 2018 elections, and beyond,” said Kasit Piromya, a Board Member of ASEAN Parliamentarians for Human Rights (APHR), and a former Thai Member of Parliament (MP).
Since Kem Sokha’s arrest, rights groups, including APHR, have expressed concern about his trial, including questionable or unfair judicial processes within Cambodia’s highly politicized courts, for charges that should have never been filed in the first place. The politically-compromised courts have allowed the case to drag on, citing the COVID-19 pandemic as the reason for the delays, as prosecutors fail to produce substantive evidence, fully aware that a prolonged trial could mean stopping Kem Sokha’s participation from any political activity, APHR said.
Speaking to media before his trial re-commenced, Kem Sokha expressed hope that the court will drop the charges in the name of “national reconciliation and national unity to develop our country”.
“Prime Minister Hun Sen’s administration should immediately drop the charges against Kem Sokha and all other CNRP leaders and activists, stop abuses against other elected CNRP officials and activists, including intimidation, violence, arbitrary arrest, and unjust imprisonment, and restore their civil and political rights,” said Piromya. “The international community, including ASEAN and the UN, must not allow Hun Sen to continue to trample over any semblance of democracy or space for fundamental freedoms in Cambodia with impunity. These continued rights abuses are especially shameful as Cambodia takes over the chairmanship of ASEAN for 2022.”
Without any positive progress in the cases of Kem Sokha and other CNRP leaders under arrest and/or facing judicial charges, and while space for political participation and other fundamental freedoms is closed, the upcoming Commune Elections in June 2022 and General Elections in 2023 will unfortunately result in another meaningless electoral exercise where the Cambodian people are denied a true democratic alternative to the decades-long rule of Hun Sen, APHR said.
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 exile fearing arrest. 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.
After a year in Cambodia’s Tbong Khmum Correctional Center, Kem Sokha was released and placed under house arrest following strong international pressure. In November 2019, the Phnom Penh Municipal Court released an order relaxing his bail conditions allowing him to leave his house but still restricted him from traveling outside Cambodia and participating in any political activity.
His trial began on 15 January 2020, however, authorities suspended them in March 2020 citing COVID-19 related concerns.
Nov 9, 2020 | DFF, Statements
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.
Nov 9, 2020 | DFF, Statements
JAKARTA – Regional lawmakers expressed grave concern today over the controversial buyout of The Phnom Penh Post, the last remaining independent newspaper in Cambodia, as they reiterated their calls for an immediate halt to the country’s continued authoritarian descent.
ASEAN Parliamentarians for Human Rights (APHR) said the development, which occurred just days before a 14 May deadline for parties to register for Cambodia’s upcoming national election, moved Cambodia further away from any potential for the election to be considered genuine.
“Having taken drastic steps to transform Cambodia into a de facto one-party state, it appears that Prime Minister Hun Sen believes that even one independent news outlet is too many and that only the complete end of press freedom in Cambodia can assure his reelection,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
On 7 May, shortly after the announcement of the sale of The Phnom Penh Post to Malaysian businessman Sivakumar S. Ganapthy, the paper’s editor-in-chief, Kay Kimsong, was sacked for refusing to remove an article that detailed the purchase, including Ganapthy’s reported links to Cambodian Prime Minister Hun Sen. A number of other senior staff have also been relieved of their duties or resigned in protest since the sale. Prior to the buyout, The Phnom Penh Postwas facing a 3.9 million USD tax bill, which the sale has reportedly settled.
The purchase of the Post comes less than ten months after the forced closure of The Cambodia Daily, another independent newspaper, which was faced with similar pressure from the tax office, and the removal from the airwaves of independent radio programs, including Voice of America, Radio Free Asia, and Voice of Democracy.
“Based on how events have unfolded, the sale of The Phnom Penh Post appears to be part of an official effort to prevent the Cambodian people from hearing anything other than the government’s message. It is the continuation of an unrelenting assault on press freedom,” Santiago said.
The collapse of media freedom in Cambodia has come in the midst of an unprecedented crackdown on government criticism, which has included the dissolution of the main opposition party, the Cambodia National Rescue Party (CNRP), in November 2017 and the arrest in September 2017 of CNRP President Kem Sokha, whose continued detention has been declared arbitrary by the UN.
“The denial of the basic right to information runs counter to the very essence of a functioning democratic system. The demise of press freedom has gone hand in hand with the government’s refusal to allow the people of Cambodia to freely choose their leaders in a democratic election,” said Philippine Congressman and APHR member Tom Villarin.
Regional MPs expressed further alarm over statements from Prime Minister Hun Sen claiming that calls for an election boycott were illegal. On 4 May, the Prime Minister threatened to bring legal action against those, including former opposition leader Sam Rainsy, who appealed to voters not to cast ballots in the July election.
“Calling for a boycott is a legitimate exercise of freedom of expression. The freedom to choose one’s representative also includes the right to abstain from voting, particularly when conditions preclude the possibility of a genuine choice at the ballot box,” Villarin said.
On 30 April, the National Election Committee opened the registration process to political parties who intend to participate in the upcoming election, scheduled for 29 July. Registration closes on 14 May. APHR urged the Cambodian government to reinstate the CNRP prior to the 14 May deadline in order to rebuild public and international confidence in the legitimacy of the vote.
“Elections in Cambodia cannot be considered genuine without the reinstatement of the main opposition party and an end to the crackdown on independent media and critical voices,” Charles Santiago concluded.
Nov 9, 2020 | DFF, Statements
JAKARTA – Lawmakers from across Southeast Asia today expressed renewed concern over the continued politically motivated imprisonment of Kem Sokha, President of the now-dissolved Cambodia National Rescue Party (CNRP), reiterating their call for his immediate and unconditional release, one day before the six-month anniversary of his detention.
“Kem Sokha’s continued detention is an outrageous abuse of power by Cambodia’s ruling party. The charges are so blatantly politically motivated and the judiciary so clearly acting at the behest of the Prime Minister that it’s a wonder the government even bothers going through the motions,” said Malaysian MP Charles Santiago, Chairperson of ASEAN Parliamentarians for Human Rights (APHR).
“These trumped-up charges should never have been brought in the first place. They should be immediately dropped and Kem Sokha unconditionally freed,” he added.
Kem Sokha was arrested on 3 September 2017 on charges of alleged treason stemming from a 2013 video, in which he discussed efforts toward peaceful, democratic change in Cambodia. He faces 30 years in prison, if convicted.
His arrest came amidst a broader crackdown on civil society and opposition voices that also saw the shuttering of independent media outlets and NGOs and ultimately the dissolution of the CNRP and the banning of 118 of its members from politics on 16 November. APHR has previously said that upcoming parliamentary elections will be “illegitimate” without the presence of the CNRP and criticized recent Senate elections as a “sham.”
On 4 December, APHR members joined parliamentarians from around the world in sending an open letter to Prime Minister Hun Sen, calling for Kem Sokha’s release and raising serious concerns about the validity of the charges against him. The letter was signed by 158 MPs from 23 countries on six continents.
Regional MPs also expressed concerns about the deterioration of Kem Sokha’s health in prison. He has been denied access to outside doctors, and existing medical conditions, including high blood pressure, diabetes, and a shoulder injury, have reportedly been exacerbated by his detention. Nevertheless, the Court of Appeal denied his most recent application for bail on 1 February, despite these concerns.
APHR noted that, in addition to Kem Sokha, other Cambodian opposition politicians have faced judicial harassment, threats, and imprisonment in recent months and years. In a report released last year, APHR found that between 2014 and 2017, at least 12 other lawmakers faced various forms of judicial harassment and physical attacks. Since the report’s release, many of these individuals have continued to be targeted and the total tally of charges has continued to increase.
This harassment has not subsided in the wake of the formal dissolution of the CNRP, APHR said, with cases against opposition members still being pursued to this day.
“Not merely content with stealing elections, the CPP has made a deliberate decision to escalate its crackdown in the aftermath of the CNRP’s dissolution, amending laws to give the ruling party even more leeway to go after critics and continuing to use the judiciary as a tool to harass the opposition,” Charles Santiago said.
“This political crisis is far from over, and until Kem Sokha is released and the CNRP’s status reinstated, Cambodia will remain on a downward trajectory. Every day that Kem Sokha remains in detention is another day Cambodia descends further into autocratic rule,” he added.
Nov 9, 2020 | DFF, Statements
PHNOM PENH – Over 150 members of parliament from around the world sent an open letter to Cambodia’s Prime Minister today, calling on his government to immediately and unconditionally release Kem Sokha, President of the now-dissolved Cambodia National Rescue Party (CNRP), and to take immediate steps to allow for free and fair elections in 2018.
The letter, which was sent to Prime Minister Hun Sen this morning, was endorsed by 158 members of parliament representing 23 countries on six continents* and comes a day after the three-month anniversary of Kem Sokha’s detention.
Kem Sokha was arrested on 3 September 2017 and charged with treason for comments made during a 2013 speech, in which he discussed efforts toward peaceful, democratic change in Cambodia. His request for bail has been repeatedly denied. His party, the CNRP, was officially dissolved by the Supreme Court on 16 November, and he and 117 other senior members of the party were banned from politics for five years.
“Kem Sokha’s detention is clearly politically motivated, and the government has presented no credible evidence of the absurd charges levied against him. His arrest came in the midst of a heavy-handed crackdown on free media and civil society, and, combined with the subsequent dissolution of his party, represents nothing more than an attempt by the ruling party to eliminate all opposition before next year’s national elections,” said Malaysian MP Charles Santiago, Chairperson of ASEAN Parliamentarians for Human Rights (APHR) and one of the letter’s signatories.
“Along with 157 of my colleagues from countries around the globe, from Argentina to South Africa to Malaysia, we are asking the Cambodian government to take steps to reverse course by unconditionally releasing Kem Sokha and allowing him and his party to participate freely in politics. Elections in 2018 will be illegitimate unless such actions are urgently undertaken,” Santiago said.
In addition to calling for Kem Sokha’s release, the letter called on the Cambodian government to reverse the decision to dissolve the CNRP, to reinstate all CNRP elected leaders to their positions, both in Parliament and at the local level, and to repeal amendments passed earlier this year to the Law on Political Parties and four electoral laws. Those amendments were rushed through the National Assembly on party-line votes, and laid the groundwork for the CNRP’s dissolution last month.
“Kem Sokha’s arrest and detention took place in a context of increasing repression of the opposition, which has been enabled by the amendment of laws to fit the ruling party’s political agenda. In order for us to believe that future elections can happen in a genuine, participatory, and inclusive manner, this major roadblock needs to be addressed,” said Congressman Tom Villarin of the Philippines, who also signed the letter.
“The Cambodian Government must show a commitment to working with its international partners, including those who have been critical of its recent actions, in addressing what we see as serious breaches of international law and Cambodia’s own constitution. The government’s onslaught against the opposition, independent media, civil society, and the rule of law itself must stop, and we need to see proof of that,” Villarin added.
Parliamentarians welcomed the strong stance taken by many governments and politicians around the world in criticizing the Cambodian government’s recent actions, and noted that this attention should and would be sustained.
“The overwhelming support shown by lawmakers from around the world by signing on to this letter shows that the situation in Cambodia is not one that the international community is going to ignore. Prime Minister Hun Sen would do well to pay attention to our recommendations or risk becoming a pariah on the global stage,” Santiago concluded.
* Countries of endorsing parliamentarians: Argentina, Australia, Austria, Belgium, Bulgaria, Canada, France, Germany, Indonesia, Italy, Lithuania, Macedonia, Malaysia, the Netherlands, the Philippines, Portugal, Singapore, South Africa, Spain, Sweden, Timor-Leste, the United Kingdom, and the United States.
Click here to read the letter.
