Dissolution of Political Opposition and Imprisonment of Politicians 50. The government heavily curtailed political rights in the period under review, in particular in the run-up to, and in the wake of, communal elections in 2017. The communal elections were marked by threats and intimidation 76 directed at the opponents of the ruling CPP party. Although the CPP retained a slim majority of commune councillor seats after the election, the opposition CNRP made unexpected gains, demonstrating its threat to the CPP. In the months that followed the government engineered the wholesale dismantlement of the CNRP. 51. On 3 September 2017, CNRP leader Kem Sokha was arrested and subsequently charged with treason under 77 Article 443 of the Penal Code. Authorities accused Kem Sokha of conspiring with foreign powers to overthrow the government, citing as evidence a 2013 video in which Kem Sokha said that the US Government had advised 78 him on political strategy. The Supreme Court upheld an appeal court decision to deny him bail on 7 May 2018, 79 extending his pre-trial detention for a further six months. Following Kem Sokha’s arrest and detention, a large 80 number of CNRP MPs, including deputy leader Mu Sochua, fled the country out of fear for their safety. 52. On 16 November 2017, the Supreme Court granted a motion for the dissolution of the CNRP filed by the Ministry of Interior after receiving complaints from the Cambodian Youth Party and FUNCINPEC party in early of October 81 82 2017. A five year ban from politics was simultaneously placed on 118 CNRP party officials. The parliamentary seats left vacant following the CNRP’s dissolution were subsequently filled by unelected representatives of 83 FUNCINPEC, the Cambodia Nationality Party and the Khmer Economic Development Party. With the successful 84 dissolution of the main opposition party, and ongoing efforts to prevent the formation of new opposition groups, the government’s legislative proposals, policies and actions have been left largely unchallenged. 53. Recent attacks against the CNRP follow years of legal harassment of opposition politicians. Former CNRP leader Sam Rainsy, exiled since 2015, has faced a litany of charges over the years. On 29 December 2017, Rainsy was convicted of defamation in absentia in a case brought against him by Prime Minister Hun Sen for comments made 85 by Rainsy concerning the Prime Minister’s role in the persecution of the CNRP. Rainsy was ordered to pay compensation of US$1 million to the Prime Minister. Recommendations: 54. The government should: i. Reform the LANGO to bring it in line with international human rights law and standards, including those relating to freedom of association ii. Review all decisions leading to the closure or suspension of NGOs and civil society organisations and take steps to restore the rights of such groups, including NDI iii. Ensure an enabling environment for environmental HRDs, including by ensuring that all stakeholders are able to meaningfully participate in decision-making on projects that may affect the environment iv. Take steps to allow the restoration of CNRP and the registration of new political parties in line with international standards v. Immediately drop charges against, and unconditionally release, opposition leader Kem Sokha and end the use of criminal charges to target political speech vi. Restore the political rights of CNRP leaders and other barred from political activities or otherwise denied political rights 76 Human Rights Watch, “Cambodia: Commune Elections Not Free or Fair,” 12 June 2017, available at: https://www.hrw.org/news/2017/06/12/cambodia-communeelections-not-free-or-fair/. 77 Office of the Council of Ministers, “Statement of the Royal Government on Kem Sokha, who was arrested in flagrante delicto by the judiciary police officers in accordance with the Criminal Procedure Code of the Kingdom of Cambodia”, 3 September 2017, available at: http://pressocm.gov.kh/en/archives/11871. 78 Amnesty International, “Cambodia: Head of Dissolved Main Opposition Party Jailed: Kem Sokha”, 21 December 2017, available at: https://www.amnesty.org/en/documents/asa23/7623/2017/en/. 79 “Cambodian Opposition Chief Kem Sokha Again Denied Bail”, Radio Free Asia, 7 May 2018, available at: https://www.rfa.org/english/news/cambodia/kemsokhadenied-05072018163413.html. 80 Prak Chan Thul, “Opposition leader's deputy flees Cambodia, fearing for safety”, Reuters, available at: https://www.reuters.com/article/us-cambodia-politics/oppositionleaders-deputy-flees-cambodia-fearing-for-safety-idUSKCN1C8111. 81 Human Rights Watch, “Cambodia: Supreme Court Dissolves Democracy”, 17 November 2017, available at: https://www.hrw.org/news/2017/11/17/cambodia-supremecourt-dissolves-democracy. 82 Prak Chan Thul and Amy Sawitta Lefevre, “Cambodia's main opposition party dissolved by Supreme Court”, Reuters, 16 November 2017, available at: https://www.reuters.com/article/us-cambodia-politics/cambodias-main-opposition-party-dissolved-by-supreme-court-idUSKBN1DG1BO. 83 Ben Sokhean and Andrew Nachemson, “Lawmakers take CNRP seats after dissolution”, Phnom Penh Post, 27 November 2017, available at: http://www.phnompenhpost.com/national-politics/breaking-lawmakers-take-cnrp-seats-after-dissolution-0. 84 See, for example, “CNRM Leaders Under Investigation”, Fresh News, 16 February 2018, available at: http://en.freshnewsasia.com/index.php/en/7482-2018-02-16-1157-08.html. 85 Chansy Chhorn, “Cambodia's Sam Rainsy found guilty of defamation, ordered to pay $1 million”, 29 December 2017, available at: https://www.reuters.com/article/uscambodia-politics/cambodias-sam-rainsy-found-guilty-of-defamation-ordered-to-pay-1-million-idUSKBN1EN0H7. 10