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Supreme Court Upholds Mother Nature Conviction

Published on 13 July 2018
F T M
The three environmental activists following their release from Koh Kong prison in July 2016.

This morning, the Supreme Court upheld the convictions of Sun Mala, Try Sovikea and Sim Samnang, three former activists with the now-disbanded environmental NGO Mother Nature. The activists were arrested almost three years ago, on 17 August 2015, amid a campaign calling for an end to allegedly unlawful and destructive sand dredging in Koh Kong.

The activists originally stood trial in Koh Kong as perpetrators charged under Article 424 of the Criminal Code for allegedly threatening to cause destruction, defacement or damage to property. But the trial judge altered the charges at the last minute to convict them as masterminds behind the offence, a verdict later upheld by the Court of Appeal. The Supreme Court hearing last Friday further violated fair trial rights, as the burden of proof was reversed and no evidence was presented by the prosecution.

The Supreme Court’s decision upholds their 18 month sentence, around eight of which are suspended. This puts the three activists at risk of re-imprisonment for the remainder of their sentences, if they are convicted of any other offence in the next five years. They were also ordered to pay 100 million riel ($25,000) compensation and a two million riel ($500) fine. Under Cambodian law, failure to pay fines and compensation can result in further imprisonment.

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