The Phnom Penh Municipal Court on Wednesday upheld the conviction of Morm Rithy, president of Cambodian Tourism and Services Workers Federation (CTSWF), for incitement under Articles 494 and 495 of the Criminal Code, as well as “discrediting judicial decision” under Article 523 of the same Act. He was sentenced to 18 months imprisonment and fined two million riel ($500).
Before the judge and prosecutor entered the courtroom, Rithy waited with two other inmates, his hands in handcuffs, and only removed when the case began.
Judge Thorn Darith read the case file again and decided to uphold the verdict, however, the defendant has the right to file an appeal to the Court of Appeal.
As Rithy was escorted out of the courtroom by prison officers around 9:30 a.m., he looked to his wife, friends and colleagues, and said, “I’m fine, don’t worry”.
Kong Soda, 39, Rithy’s wife, said she was disappointed with the court’s decision. Rithy’s absence has forced the family to face numerous challenges, including debt issues and raising their four children on her own. Soda urged the court to release her husband so that he could return to the family again.
“With the loss of the head of family, we face financial problems and I have to raise the children alone. They are emotionally affected. I urge the court and the government to release him and let him return home because it is so difficult now,” Soda said tearfully.
She related how her children have been looking forward to Rithy returning home. Their eldest child is also feeling the emotional impact of the arrest, while the younger children often ask when Rithy will return home.
“Like today, I hoped for a good result, but it turned out bad. I am disappointed and distressed not knowing when my husband will be released. The children are just waiting for their father to come back,” she added.
Soda noticed that her husband was thinner and older now than before his arrest. He told her to stay strong to take care of her children and herself. “I am feeling more distressed to see him [in that condition]. I don’t know how to be strong.”
Yi Soksan, a senior investigator at human rights group Adhoc, said the verdict in Rithy’s case seems to be a follow-up to a previous decision in absentia, which was not in accordance with the procedure. He suggested that the court or police re-examine Rithy’s past social media posts “to see if they were really incitement or defamation”.
“The police did not find the reason why Rithy spoke about the issue. So, they only took one part of the story and did not investigate the problem in the casino. What he did as a union leader was helping [a union member] and that is not illegal,” Soksan said.
What was regrettable is that the court should not have charged Rithy with incitement and imprisoned him because what he said was a mere expression of opinion so that relevant institutions would know and intervene in the Morm Sreyleak case, he added.
“The fact that he was punished for defending the union and sentenced to 18 months in prison and fined two million riel is unfair to him. As I am working on human rights, I do not want to see the court accusing social workers. We strongly request the court to consider releasing or dropping the charges against him [Rithy], so that he can be free to do social work again,” Soksan said.
Kong Athith, President of Cambodian Labour Confederation (CLC), said union activities that protect workers’ rights should not be subject to prosecution or punishment. So, he urged the court to pardon Rithy, so that he can return to do union work.
“On the whole, he [Rithy] should be free. I think the verdict is unfair to him and will make other unions afraid to protect workers’ rights and express their opinions,” he added.
However, Athith said, on issues related to labor rights, the court should study union law and make decisions according to professional standards, such as labor laws and ILO conventions and the constitution.
“CLC will continue to support legal aid and conduct various campaigns and lobby various partners and request the government to release union leaders and those accused of doing union work,” Athith said.
On November 27, the court heard Rithy’s case after he expressed disappointment that it had convened his case in absentia earlier this year and sentenced him to 18 months in prison.
On May 7, 2024, Rithy was arrested after being convicted on charges of incitement to commit a crime following a lawsuit by Chinese-owned Jin Bei Group and was sent to Prey Sar prison to serve his sentence.
