Nation Power Party (NPP) president Sun Chanthy was found guilty for incitement to disturb social security on Thursday by Phnom Penh Municipal Court Judge Li Sokha, who sentenced him to two years’ jail and fine of four million riel (approximately $1,000) and removed his political right to stand for election.
Sun Chanthy was arrested and charged with incitement to disturb social order by posting information on social media to incite and spread false information in May after he returned from Japan.
According to his lawyer Choung Choungy, Sun Chanthy alleged discrepancies under the Cambodian government while speaking to supporters in Japan. A video clip posted on Facebook showed that Sun Chanthy spoke about forced migrations in villages, people with bank debts, non-transparent ID Poor distribution and also compared overpass constructions between Cambodia and Japan.
Following the verdict, lawyer Choungy expressed disappointment that the decision was “unjust”, and said he will discuss with his client whether to appeal.
“I see that it is a serious [punishment] for what Sun Chanthy said in Japan, which wasn’t a mistake,” he said. The comments were actually “constructive criticism” made to improve conditions in the society.
NPP advisor Rong Chhun, who monitored the case outside the court, echoed Choungy’s sentiments, noting that Sun Chanthy was exercising his freedom of expression.
“It [the judgment] is serious [because] he hasn’t committed anything. He had just exercised his fundamental right but received a conviction, so we feel sorry [about it],” he said.
Chhun, who faced charges of a non-recidivism misdemeanor and incitement in September, believed that the court’s decision on Sun Chanthy‘s case was made under “political influence” instead of the law relating to political issues.
He called on the government to release people who have been convicted on politically motivated charges for restoring democracy and human rights, which has been criticized by national and international communities.
On May 8, the UN Human Rights Council in Geneva conducted the 46th Universal Periodic Review of Cambodia, which urged Cambodia to release those “unjustly detained for exercising their human rights and fundamental freedoms”.
Hak Chhunly, a NPP member in Kandal province’s Ang Snuol district, was dissatisfied with the court’s verdict, stating that it was an injustice towards Sun Chanthy, and that the accusation was “politically motivated” and “unfounded”.
Chhunly stressed that the opinion sharing was not only factual but also an exercise of political expression, asserting that the verdict was a form of “political repression”.
“It’s a restriction, a restriction on freedom. We see that the accusations are the same. We think that politicians, political activists and environmental activists are [often] accused of inciting chaos in society, and this accusation is the same,” he said.
He urged the government to restore the space for democratic rights, emphasizing that politicians are elected to lead the country. He stressed that fostering an environment of political freedom would contribute significantly to the nation’s progress.
Senior investigator of rights-based group Adhoc Yi Soksan also said that the verdict was unfair to Sun Chanthy, a politician, who exercised his freedom of expression, as a representative of the people.
He sees the case as purely political, noting that while Chanthy was sentenced to two years of prison, the real injustice lies in stripping him of his right to run for office and vote—an issue that severely undermines citizens’ rights.
“If we look at this accusation as a purely political matter that is being used to harass him, even in this punishment, we see that he was only sentenced to two years, but not allowing him to stand as a candidate, removing the names of citizens from voting, is an even more serious injustice,” he said.
Soksan calls on the government and judiciary to drop the charges, as Sun Chanthy is a duly registered politician. Therefore, the court must consider and restore the country’s image to avoid international pressure.
Meanwhile, ruling Cambodian People’s Party spokesperson Sok Eysan agreed with the court’s decision to convict Sun Chanthy who “broke the law” and “jeopardized other people’s rights”.
“What he said isn’t [about] exercising his right of expression but a violation of the law,” he said.
In July, Candlelight president Teav Vannol lost a defamation case of $1.5 million for his comment with a foreign media criticizing Cambodia’s democracy that has been regressing under Prime Minister Hun Manet’s leadership.
