Cambodia has charged six political activists with treason after deporting them from Thailand, a move relatives and human rights advocates describe as cross-border prosecution.
On November 25, a total of seven Cambodians – including a seven year old grandson of one of the activists who was then released to family members – were deported after having fled to the neighboring country over the past four years.
The detainees included Pen Chan Sangream, Hong An, Yin Chanthou, Von Chanratana, Seuong Kunthea, and Mean Chanthon. Most, if not all, of the activists were either members or supporters of former opposition Cambodia National Rescue Party (CNRP), which was banned in 2017.
The spokesperson for the General Department of Prisons, Kheang Sonadin, confirmed that the six had been transferred to three separate detention facilities following an investigative judge’s order. All are facing charges of treason, he said.
However, Sonadin was unaware of the specific actions that led to them being charged.
One of these detainees, Sangream, a former member of the Daun Penh District Council for the now-dissolved CNRP, was previously arrested in December 2020 on incitement charges before being released a year later.
The government spokesperson Pen Bona declined to comment on the matter, referring inquiries to the court. Meanwhile, Phnom Penh Municipal Court spokesperson Y Rin did not respond to requests for comment.
Sean Sinoun, daughter of Hong An, confirmed her mother’s treason charge. Sinoun speculated the charges were linked to her mother’s social media posts, including criticism of the Cambodia-Laos-Vietnam Development Triangle Area (CLV-DTA), part of a protest movement that led to nearly 100 arrests before Cambodia withdrew. Hong An also posted about Koh Kut (Kut Island), fearing Cambodia could lose the territory to Thailand – an issue Sinoun believes may have contributed to her mother’s deportation and detention.
“She was just expressing criticism, and she was arrested. It is an injustice,” Sinoun said. “I urge the court and the government to release them because they did nothing wrong; they only expressed their opinions.”
Sinoun also expressed deep concern about her mother’s health, noting that she suffers from asthma and encephalitis.
An fled to Thailand in 2021 after facing ongoing intimidation following the national election and serving prison time, according to her daughter. In 2020, she was sentenced to 18 months in prison for incitement after protesting outside of foreign embassies.
Ly Sothearayuth, Secretary-General of the opposition Candlelight Party, which formed after the CNRP’s dissolution and has political overlap, declined to comment, saying he had just returned from an overseas trip and hadn’t received full details.
Kong Monika, Secretary-General of the Khmer Will Party, another opposition party with ties to the CNRP, condemned the arrests.
“We do not want to see any Cambodian citizen punished for expressing their opinions,” he said. “The arrest and deportation of activists to Cambodia raises serious concerns about the fragility of freedom of expression both at home and abroad.”
Adhoc President Ny Sokha told CamboJA News that the arrests and deportations of activists seeking refuge in Thailand are ongoing. He pointed out that Thai and Malaysian authorities have previously deported political activists back to Cambodia.
Last month, a Cambodian maid in Malaysia was deported after posting criticism of Cambodian leaders. There have been multiple documented cases of political and human rights activists in Thailand facing prosecution, intimidation, and arrests by Thai authorities.
Considered a broader trend in the region, human rights groups have condemned several Southeast Asian governments for collaborating to harass, detain, and deport political dissidents in exile. Earlier this year, New York-based Human Rights Watch urged the Thai government to stop forcing political dissidents to return to their home countries, including Vietnam, Laos, Cambodia and China, where they might face persecution.
“We regret the actions of governments in ASEAN countries that continue to arrest and deport political and social refugees, which is a serious violation of human rights principles,” Sokha said.
He urged ASEAN governments to respect the rights of political refugees and reconsider their human rights practices, while also calling on the United Nations High Commissioner for Refugees (UNHCR) to take a more active role in advocating for refugee protection in the region.
“This reflects a major failure of ASEAN to uphold human rights,” he added.
The UNHCR said it was deeply concerned by Thailand’s deportation of the refugees, saying the move violated the principle of non-refoulement, a fundamental tenet of international law that prohibits returning people to places where their life or freedom may be at risk.
“A child was among those deported, which is especially alarming as it contradicts the principle of acting in the best interests of the child, as reflected in Thai law and policy under the Child Protection Act and the Memorandum of Understanding on Alternatives to Detention for Children,” the agency said. “States have a fundamental responsibility to protect individuals on their territory, including refugees and asylum-seekers.”
“We call on both the Royal Thai Government and the Cambodian authorities to ensure the rights of deported individuals are fully respected in Cambodia,” the UNHCR said.
The Thai Embassy in Cambodia did not respond to requests for comment.
Update: This story has been updated to include comments from the UNHCR received by CamboJA News after publication.