Son Chhay speaks with the media and supporters outside the Phnom Penh Municipal Court after his defamation conviction in October 2022.

The Supreme Court this morning upheld the defamation conviction and financial penalty against Candlelight Vice President Son Chhay in relation to two complaints filed against him by the ruling Cambodian People’s Party (CPP) and the National Election Committee (NEC) over public criticisms of the Commune Elections process.

Chhay was ordered to pay 4 billion riel (about $1 million) in compensation to the CPP and two other fines totalling 20 million riel (about $5,000), as previously ordered by the Appeal Court in December 2022. Two of Chhay’s properties have been frozen by the Phnom Penh Municipal Court since November to prevent him selling or transferring them, following a request from the CPP.

Chhay was charged with defamation under Article 305 of the Criminal Code in August 2022 following a CPP complaint filed in June and an NEC complaint filed just days later. Both complaints alleged that Chhay had damaged their reputations after he alleged election irregularities, including intimidation, vote-buying, and vote stealing, in a media interview.

Chhay was convicted by the Phnom Penh Municipal Court in October 2022; fined 8 million riel (about $2,000) in relation to the CPP’s complaint; fined 9 million riel (about $2,250) in relation to the NEC’s complaint; and ordered to pay three billion riel (about $750,000) in damages to the ruling party. The fines were each increased to 10 million riel (about $2,500) and damages were increased to four billion riel (about $1 million) by the Appeal Court in December.

Independent observers, including Asian Network for Free Elections (ANFREL) and Committee for Free and Fair Elections in Cambodia (COMFREL), publicly reported findings of irregularities before, during, and after the elections.

including the Asian Network for Free Elections (ANFREL) and Committee for Free and Fair Elections in Cambodia (COMFREL), publicly reported findings of irregularities before, during, and after the elections.

Chhay’s convictions come as his fellow Candlelight Vice President, Thach Setha, remains in prison after he was arrested in January 2023 over a years-old check-bouncing case. Also in January, another Candlelight senior official, Kong Korm, forfeited his house to the government and quit the opposition party following a lawsuit filed by the CPP, which was subsequently dropped following Korm’s resignation.

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