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Supreme Court Upholds Incitement Convictions Against Nine Activists

Published on 31 May 2023
F T M
Peaceful demonstrators gather in Phnom Penh to call for the release of imprisoned unionist Rong Chhun.

The Supreme Court this morning rejected the appeals of nine current and former political, social, and youth activists. The court upheld the incitement convictions against current and former Khmer Thavrak activists Chhoeun Daravy, Hun Vannak, Tha Lavy and Eng Malai; Khmer Student Intelligent League Association (KSILA) activists Koet Saray, Moung Sopheak and Mean Prummony; and former Cambodia National Rescue Party (CNRP) members Chhour Pheng (also known as Chhou Pheng) and Chum Puthy (also known as Tum Vuthy, or Chhum Vuthy).

The Supreme Court upheld the lower court’s sentencing of the activists to 20 months in prison with between five to six months of their sentences suspended. Daravy, Vannak, Pheng and Puthy were sentenced to serve 15 months in prison, while Saray, Sopheak, Prummony, Lavy and Malai were sentenced to serve 14 months. All nine defendants were also each fined 2 million riel (US$500).

The activists were arrested in August and September 2020 and held in pre-trial detention, which was credited to their sentences. All nine activists were released from prison in early November 2021, but remain under a two-year probation period with restrictive conditions until November 2023.

The Phnom Penh Municipal Court convicted the nine activists, along with five other co-defendants, of incitement under Articles 494 and 495 of the Criminal Code on 26 October 2021. Ten of the defendants appealed their convictions, which were upheld by the Phnom Penh Appeal Court on 22 August 2022. Nine defendants subsequently appealed to the Supreme Court, as reflected in today’s verdict. The criminal charges were brought against all the activists in relation to peaceful demonstrations following the July 2020 arrest of former union leader and labour rights activist Rong Chhun.

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