Convictions against ADHOC, NEC staff upheld by Appeal Court
Published on 23 May 2022
The Phnom Penh Appeal Court this morning upheld the baseless September 2018 convictions of four current and former ADHOC staffers - Ny Sokha, Nay Vanda, Yi Soksan, and Lim Mony - and National Election Committee official Ny Chakrya, all of whom were previously imprisoned and convicted on spurious charges of bribery.
Sokha, Vanda, Soksan, and Mony were convicted on 26 September 2018 for bribery of a witness under Article 548 of the Criminal Code. Chakrya, who was serving as deputy secretary-general of the National Election Committee at the time of his arrest, was convicted as an accomplice to bribery of a witness under Articles 29 and 548 of the Criminal Code. The arrests came during a broader crackdown on civil society and the political opposition in Cambodia. All five human rights defenders served 14 months in pre-trial detention before being released on bail in June 2017, and were later sentenced to five years in prison with the remaining time suspended.
Both the defendants and the prosecutor filed appeals, with the defendants seeking to be exonerated and the prosecutor appealing to have the five human rights defenders serve the full five years in prison. The Appeal Court rejected both appeals, upholding the original convictions and suspended sentences of all five defendants.
The five human rights defenders were all current and former staff of the Cambodian Human Rights and Development Association (ADHOC) at the time of their arrest. They were accused of paying a woman to make false statements regarding another case linked to then-opposition leader Kem Sokha.
None of the witnesses named in the case appeared for the lower court proceedings, during which no credible evidence was presented by the prosecution. Requests by the defence to summons witnesses at the Appeal Court hearing were denied, as was a request to delay the hearing.
