Three cases involving seven national trade union leaders which have been pending since 2013 were heard at Phnom Penh Municipal First Instance Court on 7 and 11 December. Even though the employer has dropped the allegations (in 2015 for case one, and on 5 December 2018 for case three others), the six leaders were given heavy prison sentences of up to two and a half years under suspension. They were convicted not for the concrete actions undertaken during the strikes, but were held responsible for the actions of others.
In addition, under Article 21 of the Trade Union Law, they would not be eligible to run for or maintain their elected positions, nor take up managerial, administration posts in the trade union.
1- Case of SL, 2013 (Steng mean Chey): Ath Thorn (CLC president) and Ek Sopheakdey (CLC vice president) received suspended sentences of two-year imprisonment for inciting violence and damage.
2- Case of Ocean Factory, 2012: Pao Sina (CUMW president) and members received suspended sentences of eight months for inciting violence and damage.
3- Case of six union leaders on Veng Sreng Street in the general strike, 2013-2014: The case was heard in 2017 and the defendants bailed out without further proceeding. Six national trade union leaders – Yarng Sophorn, Rong Chun (acting president and president of CCU); Pao Sina (CUMW president); Ath Thorn (CLC president); Morm Gnem (CNC president); and Chea Mony (FTUWKC president) were charged on 8 January 2014 for the following offences under the Criminal Code in the general strike between 25 December 2013 and 03 January 2014 in which four persons were killed: manslaughter, intent to commit damage, threat to commit damage, and obstacle to public traffic.
This case was re-opened on 7 and 11 December 2018, and the conviction was made on a different charge amended by the judge using provisions of the Criminal Code on instigating violence without informing the defendants and their representative lawyers. The six union leaders were sentenced to two years and six months imprisonment under suspension, and ordered to pay a reparation of US$8,750 (35 million riel) to two victims injured in the strike, Som dina and Tim Vuthy.
