Supreme Court Upholds the Verdict in Union Leader Chhim Sithar’s Case

The Supreme Court on May 3 upheld the conviction of human rights defender and trade union leader Chhim Sithar who was re-arrested in 2022 for allegedly violating her bail by traveling abroad to attend a trade union conference. Photo: LICADHO

PHNOM PENH — The Supreme Court on May 3 upheld the conviction of human rights defender and trade union leader Chhim Sithar who was re-arrested in 2022 for allegedly violating her bail by traveling abroad to attend a trade union conference.



In May 2023, she and eight union leaders were sentenced to jail terms of one to two years, although the eight other accused received suspended sentences or monitoring orders.



Sithar was charged with “incitement to a felony or disturbing social order,” the verdict read.  



The first five sentenced union members are Chhim Sokhorn, Hay Sopheap, Kleang Soben, Sun Sreypich and Touch Sereymeas. They were sentenced to 18 months in prison but were released and put under judicial supervision. The other three defendants who were Ry Sovandy Sok Kongkea and Sok Narith received a one-year suspended sentence.



The convictions were rendered under Articles 494 and 495 of the Criminal Code regarding union’s peaceful strikes.



Following the court’s decision, the United Nations Human Rights Office spokesperson Jeremy Laurencea expressed his concerns, calling for Chhim Sithar's immediate release and for the authorities to withdraw the union leaders’ convictions.



“They were convicted for simply exercising their rights to freedom of peaceful assembly and association, protected by both the Cambodian Constitution and the International Covenant on Civil and Political Rights ratified by Cambodia in 1992,” he said on May 3.



Sithar led a peaceful strike by NagaWorld employees since late 2021, demanding higher wages and the reinstatement of hundreds of union members who were unjustly fired, according to union representatives.



She was first arrested in early January 2022 and released on bail in March. In April 2022, she was re-elected as head of the Labor Rights Supported Union (LSRU).



Eight defendants appealed the Phnom Penh court’s verdict, which was upheld by an appeal court in October 2023.



The Supreme Court judges announced their verdict in the morning of May 3, 2024, upholding the sentences. The eight defendants were sentenced to 1-to-2 years prison term. However, Sithar is the only defendant serving a two-year sentence, according to the human rights NGO LICADHO.



“While Sithar is expected to be released later this year once she completes her sentence, today’s verdict puts five of the defendants at risk of immediate imprisonment,” LICADHO said, speaking of the five defendants sentenced to jail terms but released.


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