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Cambodian top court upholds opposition leader's conviction

Son Chhay has been ordered to pay US$1 million in damages to Prime Minister Hun Sen’s party

Son Chhay, vice president of the Candlelight Party, speaks to reporters outside the Phnom Penh Municipal Court on Oct 7, 2022. The Supreme Court has upheld his conviction for criticizing the country's June local elections in which strongman Hun Sen's party won a landslide victory

Son Chhay, vice president of the Candlelight Party, speaks to reporters outside the Phnom Penh Municipal Court on Oct 7, 2022. The Supreme Court has upheld his conviction for criticizing the country's June local elections in which strongman Hun Sen's party won a landslide victory. (Photo: AFP)

Published: February 24, 2023 07:17 AM GMT

Updated: February 24, 2023 07:40 AM GMT

Son Chhay, vice-president of the opposition Candlelight Party, has lost his final appeal for criminal defamation in the Phnom Penh Supreme Court and must pay about US$1 million in damages to the Cambodian People's Party (CPP) led by Prime Minister Hun Sen.

The ruling also means the 67-year-old, who was not in court for the Feb. 23 ruling, will not be able to contest national elections in July and his legal avenues in Cambodia have been exhausted.

He told UCAN that the CPP's purpose was to cause more problems for the Candlelight Party, adding “they are trying to force me to abandon politics altogether.”

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Son Chhay was sued by the CPP and the National Election Committee (NEC) after he said publicly, in regard to commune elections held last June: “These election results do not reflect the will of the people who were intimidated. Their votes were bought and stolen.”

Another court has already ordered that two homes owned by Son Chhay be seized and used as security to ensure damages are paid to the CPP and NEC.

Cambodia is ranked in second last place on the World Justice Project 2022 Rule of Law Index at 139 out of 140 countries. Cambodian authorities dispute that ranking.

“Three courts made the same decisions which have given justice to the ruling party, the CPP and NEC,” CPP spokesman Sok Ey San told Radio Free Asia. “We are satisfied with the court.”

Son Chhay’s Candlelight Party was the best-performing opposition party at local commune elections in June, winning more than 22 percent of the popular vote, and the ruling was issued amid a crackdown on dissent and the latest closure of a Church-backed independent news outlet.

In other court cases, an incitement trial was launched earlier this week against trade union leader Chhim Sithar, who has led the long-running strike of workers at the NagaWorld casino, and eight co-defendants in the Phnom Penh Municipal Court.

This was despite calls for her release by the United States and human rights groups.

There have also been calls for yet another lawsuit to be launched against Sam Rainsy, the former leader of the Cambodian National Rescue Party (CNRP) who lives in France, for allegedly insulting this country’s monarch.

CNRP supporters have been rounded-up and convicted by the courts on many charges, including incitement and plotting to overthrow Hun Sen’s government, individually and in five mass trials since it was dissolved by the courts in late 2017.

The Candlelight Party was formed out of the remnants of the CNRP and its leaders have also faced legal threats and lawsuits. Son Chhay said his party still intended to contest elections to be held in July, saying “there are many people in the party who want to push ahead”.

Meanwhile, Hun Sen has again lashed out against Voice of Democracy (VOD) which he ordered closed almost two weeks ago over a disputed quote, accusing the Church-backed independent media outlet of spreading fake news.

“The whole world is fighting against fake news […] It [dissemination of false information] is not a democratic process and freedom of expression,” government mouthpiece Fresh News reported.

Hun Sen has repeatedly said he will not reinstate VOD’s license while authorities have declined to act against a relentless campaign by pro-government media aimed at belittling VOD journalists.

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