• Politics

Commune Elections: Will Kem Sokha Go Vote?

• By Lay Sopheavotey
• and Teng Yalirozy
• June 1, 2022 2:26 PM

In the course of a protracted trial, the former opposition leader still has the right to vote, but it’s unclear whether or not he will use it

 PHNOM PENH – As political parties are campaigning for the 5th commune and sangkat council elections, citizens are making up their mind before going to the polls on June 5.

But among all Cambodian citizens eligible to vote, the case of former President of court-dissolved Cambodia National Rescue Party (CNRP) Kem Sokha, draws attention. Is he going to go to vote for the commune election, as he did in the previous ballot in 2017?

Since Jan. 2020, Kem Sokha is on a protracted trial, in which he faces treason charges for allegedly conspiring with foreign countries to oust the government.​ 

However, despite being unable to run “any political activities” during his trial, the opposition leader still has the right to vote. Indeed, a prakas issued in 2012 clearly states that “accused and defendants who have not yet been convicted by the court or whose verdict is not final are still eligible to vote.”

Similarly, article 12 of the 2015 Law on the Election of Commune/Sangkat Councils indicates that “to have their names in the voter lists, citizens shall [...] not be serving prison term.” It implies that only a final court sentence and a prison term could deprive Kem Sokha from his right to vote.

Nevertheless, it is still unclear whether or not the former opposition leader will enjoy his rights.

Chan Chen, one of the four Kem Sokha’s lawyers explained that his client has always wanted to participate in politics to serve the people and nation’s interests, in accordance with the principles of multi-party liberal democracy.

“But I don’t know Kem Sokha’s intentions, whether or not he decided to vote,” Chen said. 

Meng Sopheary, also a member of Sokha’s defense team, said she did not question him over the election, saying he does not seem to trust any political party.

“He had previously said that he did not support any political party in the election,” she said.

Muth Chantha, Kem Sokha's cabinet chief, could not be reached for comments.

According to his lawyers, Kem Sokha wanted his case in court to reach a verdict before the commune elections, so he could regain his political rights and organize a competitive force in the polls.

But more than two years after the first hearing, and almost five years after the dissolution of the CNRP, there is still no end in sight to his legal procedure.

On June 4, 2017, Kem Sokha, a resident of Tuol Kork district, went to the polling station in Chak Angre Leu Primary School, Meanchey district for the fourth mandate Commune and Sangkat Council election.