Convictions of Rong Chhun, Sar Kanika and Ton Nimol Upheld, Sentences Suspended
Published on 12 November 2021
The Phnom Penh Appeal Court this morning upheld the convictions of activists Rong Chhun, Sar Kanika and Ton Nimol and suspended parts of their sentences. The three activists were convicted of incitement under Articles 494 and 495 of the Criminal Code by the Phnom Penh Municipal Court on 18 August 2021 for exercising their rights to freedom of expression.
Chhun must serve 15 months and 11 days in prison, with the remainder of his two-year sentence suspended by the appeal court. Kanika must serve 15 months and 5 days in prison and Nimol must serve 14 months and 24 days in prison, with the remainder of their 20-month sentences suspended. Chhun and Kanika have already spent more than 15 months in prison, while Nimol has been detained for over 12 months. They will remain under probation for three years following their release, and subject to a host of restrictive conditions such as not associating with each other and informing a prosecutor of any change of address or occupation under Articles 119 and 120.
The appeal court also upheld the order for the three activists to each pay 2 million riel ($500) in fines, and jointly pay 400 million riel ($100,000) in damages, both of which are unusually high amounts.
Chhun, a longtime unionist and labour rights activist, was arrested over a statement he made in July 2020 regarding alleged land loss near the Cambodia-Vietnam border after he visited and spoke with local residents. Kanika and Nimol were arrested during peaceful demonstrations in August and October 2020 respectively. During the trial, they were questioned about whether they shared information about Chhun’s arrest on Facebook and Telegram.
Chhun’s arrest triggered a wave of international condemnation and local protests, with nineteen additional activists, artists and human rights defenders arrested in the weeks after his arrest, many of whom were also charged with incitement. More than 140 civil society groups, communities and unions have called on the government to drop all charges against Chhun, and five UN special rapporteurs and working groups have repeatedly criticised Chhun’s arrest and the subsequent violence against peaceful protesters.
