Opposition Candlelight Party president Teav Vannol was found guilty of defamation and fined 10 million riel (about $2,500), and ordered to pay six billion riel (about $1.5 million) in compensation to the government.
It follows his comment with a foreign media, where he alleged that Cambodia’s democracy has been “regressing” since Prime Minister Hun Manet took office.
“The court has considered that it has adequate evidence [to convict] the defendant, Teav Vannol, of having committed public defamation in Phnom Penh,” said presiding judge Hok Pov, adding that the defendant can appeal if he was not satisfied with the decision.
Vannol was not in court to receive the verdict as he flew overseas last week for a mission on behalf of the party, his lawyer Choung Choungy said.
His charge stemmed from an interview with Nikkei Asia, and Radio France Internationale (RFI) which continued to broadcast Vannol’s comment to Nikkei Asia, criticizing Cambodia’s flailing democracy and human rights.
In addition, he allegedly said the government installed security cameras to monitor the activities of Candlelight leaders, but the court claimed that security cameras were set up along the street to maintain public order.
Vannol’s lawyer Choung Choungy said the court’s decision had not rendered “justice” to his client. “As a defense lawyer, I’ll consider whether his comment was true,” he said, adding that he will also determine if his opinion was based on facts.
Choungy said the decision would be appealed upon discussion with his client.
Government lawyer Mam Channet said he was satisfied with the court’s decision as well as the implementation of the principles of law enforcement institutions in accordance with the spirit of the rule of law.
“It is his right [Teav Vannol] and personal opinion. I won’t interfere with any perception,” Channet replied, when a reporter asked for comment on the $1.5 million compensation to government.
Echoing lawyer Choungy’s views, Candlelight Party general secretary Ly Sothearayuth said Vannol was merely exercising his freedom of expression as allowed by the Cambodian Constitution and over what was happening in the country.
“It is very unfair for a politician to be found guilty of exercising his freedom of expression,” Sothearayuth said. “Hundreds of million riel is a very serious fine for a politician who was exercising his right based on observation.”
He noticed the political situation was restrained due to the continued detention of opposition party members and activists.
Candlelight politicians such as Thach Setha were found guilty for two unrelated incitement charges while Son Chhay’s properties risk being seized after he lost a $1 million defamation lawsuit filed by the ruling CPP. Nation Power Party president Sun Chanthy remained in jail for an incitement charge.
Senior investigator at rights group Adhoc Yi Soksan said the decision was the court’s discretion but Vannol’s comment was related to his views and freedom of expression.
“Another thing we see is the restriction on the freedom of expression of politicians, particularly Vannol who is a president of a party, so the decision seems overwhelming,” he said. “I think if his case was a political issue, it should be resolved politically.”
Soksan added that for a while now, not only political parties, but also civil society organizations which are active and are “properly registered” with the Ministry of Interior have experienced restrictions.
“We notice that the space for freedom of expression was shrinking. So, we urge the government to reopen this space in order to restore the image of our country without restricting or oppressing national and international opinion,” he said.