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Khmer Times/Taing Vida Friday, 22 July 2016
A university student who was sentenced to 18 months in prison by the Phnom Penh Municipal Court over Facebook comments had his conviction upheld by the Appeal Court yesterday.
The Appeal Court also rejected the bail request of an opposition commune chief implicated on bribery charges in connection with a sex scandal involving Cambodia National Rescue Party (CNRP) deputy president Kem Sokha in a busy day for the judiciary.
Khemerak University first-year student Kong Raiya was convicted on charges of incitement on March 15 and sentenced to 18 months in prison by Phnom Penh Municipal Court judge Heng Sok Na. Mr. Raiya was arrested after calling for a so-called color revolution on Facebook last August.
“Who dares to do color revolution with me? Some day in the future, I will do color revolution to change the regime from Khmer society, although I will be imprisoned or killed, I must do,” one post read.
Appeal Court presiding judge Sin Visal said this message as well as others insulted Cambodia’s king and government.
During his trial earlier this year, Mr. Raiya denied intending to incite chaos, saying he had not understood the exact meaning of his words when he used them. He apologized for doing so before asking the municipal court for leniency.
“This message didn’t cause instability in society, but it shows about human rights violations and my concern as a citizen. I thought the word ‘revolution’ was similar to the word ‘protest.’ Protests are allowed by law, and the ‘change’ does not mean the overthrow of the government,” Mr. Raiya said during yesterday’s hearing.
Defense lawyer Sam Sokong said his client was an ordinary student without a criminal history. As such, the amount of time he has spent in prison since his arrest was sufficient punishment for his Facebook opinions.
“He studied the word ‘revolution’ in class and because of a misunderstanding posted a message on Facebook with the word. But this message did not cause any harm,” Mr. Sokong said.
Judge Visal disagreed with Mr. Sokong, however, and announced Mr. Raiya would be kept in prison until his full sentence had elapsed on August 21.
After the municipal court verdict was given in March, Mr. Raiya called the decision unjust.
“This is not just me, but it also an injustice against all Cambodian people. I will appeal,” he said.
Am Sam Ath, a senior investigator with rights group Licadho, agreed with Mr. Raiya, saying the student’s comments was personal opinions.
“He was just asking whether anyone dared to launch a color revolution with him, and he did not fully understand the meaning at all.”
According to Mr. Sam Ath, the verdict in the case will become a threat to freedom of expression on social media in Cambodia and will act as a warning to those who protest against the government and promote human rights.
In a separate hearing yesterday, Appeal Court investigative judge Khun Leang Meng rejected a bail request from opposition party commune chief Sieng Chet.
Mr. Chet is accused of offering $500 to the alleged mistress of acting opposition leader Mr. Sokha’s alleged mistress, Khom Chandaraty, in return for a promise that Ms. Chandaraty would not disclose her relationship with Mr. Sokha during questioning.
The reason given for the rejection was in line with a prior decision by the Phnom Penh Municipal Court, which said Mr. Chet’s case was under investigation and barring his release on bail was in the interest of maintaining societal stability.
Mr. Chet, a CNRP commune chief in Kampong Cham province, was arrested by the Anti-Corruption Unit on April 24 after Ms. Chandaraty wrote an open letter implicating him in her alleged affair with Mr. Sokha.
The letter accused Mr. Chet, the United Nation’s local human rights office, rights group Adhoc and women’s rights group Silaka of convincing Ms. Chandaraty to lie to officials.
Mr. Chet’s defense lawyer called the latest decision by the Appeal Court “wrong.”
Clik here to view.
Khmer Times/Taing Vida Friday, 22 July 2016
A university student who was sentenced to 18 months in prison by the Phnom Penh Municipal Court over Facebook comments had his conviction upheld by the Appeal Court yesterday.
The Appeal Court also rejected the bail request of an opposition commune chief implicated on bribery charges in connection with a sex scandal involving Cambodia National Rescue Party (CNRP) deputy president Kem Sokha in a busy day for the judiciary.
Khemerak University first-year student Kong Raiya was convicted on charges of incitement on March 15 and sentenced to 18 months in prison by Phnom Penh Municipal Court judge Heng Sok Na. Mr. Raiya was arrested after calling for a so-called color revolution on Facebook last August.
“Who dares to do color revolution with me? Some day in the future, I will do color revolution to change the regime from Khmer society, although I will be imprisoned or killed, I must do,” one post read.
Appeal Court presiding judge Sin Visal said this message as well as others insulted Cambodia’s king and government.
During his trial earlier this year, Mr. Raiya denied intending to incite chaos, saying he had not understood the exact meaning of his words when he used them. He apologized for doing so before asking the municipal court for leniency.
“This message didn’t cause instability in society, but it shows about human rights violations and my concern as a citizen. I thought the word ‘revolution’ was similar to the word ‘protest.’ Protests are allowed by law, and the ‘change’ does not mean the overthrow of the government,” Mr. Raiya said during yesterday’s hearing.
Defense lawyer Sam Sokong said his client was an ordinary student without a criminal history. As such, the amount of time he has spent in prison since his arrest was sufficient punishment for his Facebook opinions.
“He studied the word ‘revolution’ in class and because of a misunderstanding posted a message on Facebook with the word. But this message did not cause any harm,” Mr. Sokong said.
Judge Visal disagreed with Mr. Sokong, however, and announced Mr. Raiya would be kept in prison until his full sentence had elapsed on August 21.
After the municipal court verdict was given in March, Mr. Raiya called the decision unjust.
“This is not just me, but it also an injustice against all Cambodian people. I will appeal,” he said.
Am Sam Ath, a senior investigator with rights group Licadho, agreed with Mr. Raiya, saying the student’s comments was personal opinions.
“He was just asking whether anyone dared to launch a color revolution with him, and he did not fully understand the meaning at all.”
According to Mr. Sam Ath, the verdict in the case will become a threat to freedom of expression on social media in Cambodia and will act as a warning to those who protest against the government and promote human rights.
In a separate hearing yesterday, Appeal Court investigative judge Khun Leang Meng rejected a bail request from opposition party commune chief Sieng Chet.
Mr. Chet is accused of offering $500 to the alleged mistress of acting opposition leader Mr. Sokha’s alleged mistress, Khom Chandaraty, in return for a promise that Ms. Chandaraty would not disclose her relationship with Mr. Sokha during questioning.
The reason given for the rejection was in line with a prior decision by the Phnom Penh Municipal Court, which said Mr. Chet’s case was under investigation and barring his release on bail was in the interest of maintaining societal stability.
Mr. Chet, a CNRP commune chief in Kampong Cham province, was arrested by the Anti-Corruption Unit on April 24 after Ms. Chandaraty wrote an open letter implicating him in her alleged affair with Mr. Sokha.
The letter accused Mr. Chet, the United Nation’s local human rights office, rights group Adhoc and women’s rights group Silaka of convincing Ms. Chandaraty to lie to officials.
Mr. Chet’s defense lawyer called the latest decision by the Appeal Court “wrong.”