Free tomorrow, but exposed to threat from suspended sentence

Radio journalist Mam Sonando will be free tomorrow morning after a Phnom Penh appeal court today quashed the 20-year jail sentence he received last October on charges of inciting an armed insurrection and usurping official functions, but gave him an eight-month jail term on a new charge of inciting illegal deforestation. The appeal court also imposed an additional suspended sentence of four years and four months in prison. As Sonando, 72, has been held since 15 July 2012, he will be released when he completes eight months in detention tomorrow. But he will continue to be exposed to the threat of possible activation of the suspended sentence until 15 November 2016. Reporters Without Borders and the Cambodian Centre for Independent Media are pleased that Sonando will finally be released but they deplore the lack of legal credibility with which the judicial authorities have acted. “We share his family’s relief but we are a not satisfied with the judicial process,” the two organizations said. “Once again, Cambodia is proving the tribunals do not apply Justice but obey orders, and the release is the outcome of joint efforts of Cambodian and international supporters." “From a legal point of view, the new accusation is not acceptable. Hence, the sentence. A sword will be hanging over his head until the period of the suspended sentence has expired.” Withdrawal of the charges on which Sonando was originally convicted – inciting an armed insurrection and usurping official functions – and their replacement by the new charge were requested by the prosecution when the appeal was heard on 6 and 7 March. One of his lawyers, Sa Sovann, told Reporters Without Borders on 7 March that the new charge was legally inadmissible because Mam Sonando had been unable to defend himself. He told Reporters Without Borders today: “There is procedural error because the judge changed the charges and I will appeal to a higher court. The defence has the right to a fair trial and this new charge has nothing to do with the reasons for today’s proceedings.” Ou Virak, the head of the Cambodian Centre for Human rights, told Reporters Without Borders he thought the outcome was a “good compromise.” But, he added, “much remains to be done before the law is respected in Cambodia.” Speaking to the media outside the court, Dinn Phannara, Sonando’s wife, said she was pleased with the outcome. “I am happy,” she said. Cambodia is ranked 143th of 179 countries in the 2013 Reporters Without Borders press freedom index. Read Reporters Without Borders’ previous press releases on the Sonando case: Cambodian journalist’s immediate exoneration and release demanded, 8 March 2013
Independent radio station owner will be 91 when released, 1 October 2012 Photo : TANG CHHIN SOTHY / AFP