Andrew Nachemson | Publication date 18 January 2018 | 14:41 ICT
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Mourners surround a vehicle carrying the body of slain political commentator Kem Ley during his funeral in July 2016. Heng Chivoan
Three prominent civil society members have been charged with “breach of trust” for allegedly misappropriating funds raised for slain political activist Kem Ley’s funeral, despite that fact that nobody in Ley’s family filed a complaint.
“Kuch Kimlong, municipal deputy prosecutor, decided to charge But Buntenh, 37, Pa Nguon Teang, 45, and Moeun Tola, 43, with ‘breach of trust’”, reads the Phnom Penh Municipal Court document, dated January 4, but made public on government mouthpiece Fresh News today.
The document also calls for the three to be immediately placed in pre-trial detention.
The charges carry a punishment of one to three years in prison, and a fine of 2 million to 6 million riel (about $500-$1500).
Activist monk But Buntenh, labour rights campaigner Moeun Tola and independent media advocate Pa Nguon Teang, who have each been charged with “breach of trust” for allegedly misappropriating funds raised for murdered analyst Kem Ley’s funeral. Post staff
Activist monk Buntenh, independent media advocate Nguon Teang and labour rights campaigner Tola have all been frequent critics of the government. They were accused of misappropriating the funds by Cambodian Youth Party head Pich Sros, who has been accused of acting as a proxy for the long-ruling Cambodian People's Party.
Sros, a litigious figure, has also sued former opposition leader Kem Sokha, and filed one of the initial complaints leading to the widely condemned dissolution of the opposition Cambodia National Rescue Party - seen as the only viable competitor to the CPP in this year's national elections. Sros filed the complaint against the three activists after Buntenh pointed out that Sros himself had spent $2,300 on "support" for a fundraiser that earned a mere $750 for a memorial stupa for Ley, who was gunned down in broad daylight in an assassination widely seen as politically motivated.
Sros has never disputed the facts of Buntenh's account, but maintains the fundraiser's failure was an honest one.
While Buntenh and Nguon Teang are both abroad, Buntenh today said he was worried about Tola, whom he believes is still in Cambodia.
“He’s in danger,” he said. “In Cambodia now, there is no law.”
Tola could not immediately be reached for comment today, but in the past has said that while he and the others had a role in planning Ley's memorial, it was the family that was in charge of managing the funds.
Buntenh also dismissed the accusations against him and the others.
“The court created this case … and then they tried to prosecute us. We are not accepting this type of created case,” he said, adding that it was “unfair” and “a game”.
“They are trying to make a kind of trouble, and they try to shut down independent groups in the country,” said Buntenh, who is head of the Independent Monk's Network for Social Justice.
Naly Pilorge, deputy director of advocacy for human rights group Licadho, said the organisation was “shocked at the charges”.
Additional reporting by Kuoch Masy
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