1.3 Access to Effective Remedy: A Constitutional Right, but Loosely Enforced Chapter provides that the complaints filed before a court “do not have the effect of frustrating” the MPTC decision, meaning the mechanism essentially has no influence on a person’s right to have their complaint heard independently. In addition, Cambodian courts are notorious for being corrupt; without recourse to a specially designated supervisory or judicial body with a clearly established mandate and independence, Article 39 of the Cambodian Constitution stipulates the right of Cambodian citizens to denounce, make complaints, or file claims against any breach of the human rights infringements facilitated by the NIG Sub-Decree would continue to go unchecked and unremedied.136 law committed by the state and social organs or The Cambodian judiciary’s lack of independence by members of such organs in the course of their has been highlighted time and again in a myriad duties. The Article adds that such complaints and of proceedings, including that of Kea Sokun. The claims must be dealt with by a competent court.135 22-year-old rapper was arrested in September 2020 Despite this constitutional guarantee, access to after producing a song on YouTube titled Dey Khmer effective remedy in the context of breached digital (lit. Khmer Land), in which he pointed out contentious freedoms remains unclear. In the first place, most of land issues in Cambodia.137 He was charged with the relevant domestic legislation governing digital Articles 494 to 496 of the Criminal Code and was rights establish an appeal process under the executive sentenced to 18 months in December 2020, following branch; this way, complainants or applications are a trial that lasted one hour and hinged on a single unable to have their case heard by an independent statement made by a police officer concluding and impartial court. that parts of the song amounted to incitement to The Telecommunications Law includes provisions for dispute resolution, but it is silent on the options available to individuals whose digital rights have been violated by the government or its agents. Its cousin, the Inter-Ministerial “Prakas” on Publication violence.138 His appeal was denied in June 2021 without clear grounds.139 Non-Judicial Grievance Mechanisms Available, but Not Sufficient Controls of Website and Social Media Processing Some state-based non-judicial grievance mechanisms via Internet, similarly fails to lay out any appeal are available. Following-up on the recommendations procedure against government censorship. The NIG received during its third cycle of Universal Periodic Sub-Decree, perhaps the most controversial out of the Review, Cambodia drew up the first draft of the group, does not make any reference to independent Law on the Establishment of a National Human oversight, due process or procedural safeguards for Rights Body in June 2021.140 The Law establishes individuals to benefit from in case of a rights breach or a National Human Rights Institution that is tasked deprivation while being online. Its Chapter 8 enables with promoting and protecting human rights through appointed NIG and telecommunications operators, human rights education, complaints handling, ISPs and any other person to lodge appeals with the national inquiries and engagement with UN human MPTC against non-compliance penalties imposed rights monitoring mechanisms. In August 2021, by the TRC, and even allow for the decision of such some 60 human rights groups, unions, and local appeals to be brought before a judge. However, the communities signed a joint statement expressing 60 Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia