The Court of Appeal denied bail to five environmental activists who were convicted of plotting to overthrow the government. The five appealed to the higher court to release them on bail to look after their family, including their elderly parents, and to continue their studies, as well as attend to personal health issues, but it was rejected.

“[…] decided not to release [them] on bail as it is a serious felony, and for insulting the King, to prevent new offenses, threats on witnesses and to maintain public order,” presiding judge Ith Sothea said when announcing the verdict on Monday evening. He added that the appeal court has scheduled to hear their case by next month.

The activists were sentenced to six and eight years’ in prison last July for insulting the King and plotting to overthrow the government. Their initial charge stemmed from a Zoom meeting in May 2021. A video clip of it was posted on Facebook and used as evidence in court to support allegations of a plot to topple the government. 

“The reason I ask for bail is because my father has atherosclerosis and my mother has cancer. My wife also gave birth; our baby is seven-months-old now,” defendant Yim Leanghy told the court.

“I want to be released on bail to look after my wife, children and my parents. I have a permanent house address,” Leanghy said.

Another defendant, Thon Ratha, expressed similar family concerns, particularly with regards to his wife who is due to give birth next month.

“I will not run away and promise to show up in court every time,” he said. 

“My wife is eight months’ pregnant. I need to take care of my other two young children and find money to support my family,” Ratha said. “I have never committed a crime, like stealing or robbing. I am a good citizen who follows the law,” he pleaded.

Prosecutor Tiv Kimkalyan remarked that keeping the defendants in custody is “necessary” because theirs is a felony case as well as to prevent any “new offenses”, including maintaining public order.

The defense lawyers requested the Court of Appeal judges to consider granting bail, and relieve their financial burden to enable them to seek a livelihood.

“[T]heir family situation is very challenging because they [family members] have spent a lot of money and time traveling to visit them,” said Sam Sokunthea, one of four defense lawyers.

Defendant Phuon Keoreaksmey asked the judge to consider transferring her 

from Pursat province detention center to Prey Sar prison in Phnom Penh as it would ease her family’s burden and help with the treatment of her blood-related disorder.

The five, who are Mother Nature activists, are imprisoned in five different provincial prisons. According to the Zoom meeting, the activists apparently used “disrespectful language” against then-Prime Minister Hun Sen, who is now Senate president, as well as King Norodom Sihamoni.

Am Sam Ath, operations director of rights-based NGO Licadho, expressed  disappointment with the Appeal Court’s decision to deny bail to the environmental activists.

“I note the reasons raised by [the defendants]. They would be sufficient grounds [for the court] to consider for release on bail,” he said.

He observed that local and international human rights groups criticized the decision to convict the activists who were devoted to protecting the environment and natural resources.

Ratha’s wife, Pat Reaksmey, expressed sadness that her husband remained in jail.

“I need to meet my husband and [to help me] take care of our children. I am saddened by the court for not allowing their bail. It is very unfair [particularly when] they have been protecting Cambodia’s natural resources,” she said.

In 2023, Right Livelihood presented an award to the activists for their “fearless and engaging activism” to preserve Cambodia’s environment. The Swedish organization strongly condemned the arrest and imprisonment.

The Mother Nature movement was co-founded in 2013 by Spanish national Alejandro Gonzalez-Davidson. It consistently battled and exposed officials and well-connected businessmen allegedly linked to environmental crimes, including hundreds of million dollars’ worth of sand stolen from Cambodia waterways and sold in Singapore.

The organization was deregistered by the Interior Ministry in 2017, but has remained active within Cambodia.