The Supreme Court on Friday upheld a lower court’s verdict on opposition Candlelight Party vice president Thach Setha who was sentenced to three years’ jail and fined four million riel (about $1000) for incitement to disturb social order and discrimination.
In February this year, the Court of Appeal in Phnom Penh sustained the Phnom Penh Municipal Court’s conviction against Setha who violated Articles 494, 495 and 496 of the Criminal Code.
Defense lawyer Choung Choungy confirmed the Supreme Court’s decision but declined to comment further.
Setha’s case stems from a comment he made when he met Cambodian laborers in South Korea regarding the January 7 anniversary of the fall Khmer Rouge regime.
He had spoken about the historical event involving the Vietnamese army’s alleged invasion of Cambodia after the Khmer Rouge was defeated, followed by the formation of the ruling Cambodian People’s Party (CPP).
His speech was captured on video and posted on YouTube in January 2023.
Candlelight Party secretary-general Ly Sothearayuth called the conviction an injustice against Setha who was “expressing his opinion as a politician”.
“A conviction on the expression of opinion has an impact on the freedom of expression, a pillar of democracy,” he said.
He said the sentence should be reduced or the charges dropped in the spirit of unity, national reconciliation and the culture of dialogue among Khmer politicians.
NGO rights group Licadho operation director Am Sam Ath said national and international institutions viewed Setha’s case as “politically motivated” rather than an enforcement of the law, following the continued arrests of opposition members and activists.
“It is common for politicians to exercise political rhetoric to gain support, so it [the court] should consider what is rhetoric and politicians’ exercise of freedom of expression.”
“I think it is not beneficial for Cambodia if the Supreme Court upheld the verdict, there will be more criticism because it was the conviction [against Setha],” Sam Ath said.
He pointed out that the United Nations Security Council called on the government to restore civic and political space, including citizens’ fundamental freedom of expression.
Ruling CPP spokesperson Sok Eysan declined to comment, saying that he cannot speak about court decisions.
In a separate case, the Supreme Court on Wednesday refused to grant bail to environmental leader Koet Saray charged with incitement.
Saray was arrested on April 5 and charged for incitement after meeting Srayong commune residents who were embroiled in a long-disputed land in Kulen district. In March, 25 out of 36 people were arrested and charged for allegedly “clearing and occupying forest land”.
