HRDs.39 Sympathisers and politicians belonging to
to arrest him or evict him. To help him move to a
the disbanded political group are frequently hunted
safe place, the Manushya Foundation stepped in
down, subjected to mass trials on unsubstantiated
and provided psychological, financial, and legal
incitement and conspiracy charges, and sentenced to
support while he waited to be resettled in a secure
extended terms.
On some occasions, cases against
third country. After safely relocating to Australia,
the individuals stem from their online activities: in
he is now able to continue his advocacy work and
2020, former CNRP youth activist Kung Raiya was
safely rebuild his life.45
40
convicted for advertising t-shirts on Facebook with
quotes by Kem Ley, a murdered political activist.
He was handed a two-year suspended sentence in
June 2020. Raiya has also reported of being stalked
by unknown people at his residence following his
case, which led to him ceasing all political activism
altogether.41 Kung Raiya eventually fled to Thailand
for his safety in July 2023, becoming a political
refugee at risk of transnational repression.42
But Kung Raiya is far from being the only case. The
phenomenon of transnational repression is not new,
with ASEAN countries collaborating to extend their
reach beyond their borders. This cooperation allows
repressive regimes to target political dissidents and
activists who have sought refuge in neighbouring
countries. Thailand, which was once considered
a sanctuary for those fleeing persecution, has
become less secure over the past decade. Indeed,
the country’s past status as a refuge stemmed from
its relatively open and welcoming approach towards
refugees and its geographical location, bordering
several countries, provided a strategic and accessible
escape route.43 However, exiled dissidents and
activists now face intimidation, surveillance, and
even physical violence, often orchestrated with the
complicity of Thai authorities. This troubling trend
has been particularly evident with Cambodian exiles,
as Prime Minister Hun Manet and Srettha Thavisin
share similar agenda.
44
For instance, Heng Kem
Lay, a monk and human rights activist, has been a
strong advocate for democracy in Cambodia. His
Regular Citizens Are No Less Susceptible
to Defamation Lawsuits
In Cambodia, defamation lawsuits pose a significant
threat not only to public figures and activists but also
to ordinary citizens. Recent events highlight how
expressing dissent or criticism can quickly lead to
legal battles for individuals across all walks of life.
Towards the end of 2020, for instance, the Phnom
Penh Municipal Court summoned political analyst
Kim Sok on defamation and incitement charges
over a Facebook post in which he claimed to have
discovered a tactic which would save Cambodia’s
democracy.46 He had previously served an 18-month
sentence and was fined $200,000 for the same
offences in 2017, suggesting that the ruling party
at the time was behind the death of a prominent
political analyst Dr. Kem Ley.47
Rapper Kea Sokun was targeted by the authorities in
January 2023, after he released a new song, “Workers
Blood”. Released on Cambodia’s ninth anniversary of
a deadly response to a garment workers’ strike, the
video was characterised by authorities as incitement
to commit a crime. The police further threatened
to take legal action if the video was not taken off
the streaming platform.48 The human rights group
who commissioned the video proceeded with the
removal, to avoid legal repercussions.49
outspoken activism led to charges by Cambodian
More recently, in November 2023, Kang Saran was
authorities, forcing him to seek refuge in Thailand.
sentenced to three years in prison after criticising
Despite being a refugee, he faced international
the ruling party on Facebook for its apparent inability
persecution; Thai officials found him and threatened
to solve problems such as illegal immigration from
Cambodia
47