AKP Phnom Penh, March 06, 2021 --

H.E. Chin Malin, Secretary of State and Spokesperson of the Ministry of Justice yesterday emphasised key points about legal aspects and judicial procedures in relation to the Nov. 9 Case.

"What is behind the Convicted Sam Rainsy’s plan to return on Nov. 9, 2019? Everyone may have recalled that, with the plan to return to Cambodia on Nov. 9, 2019 which may be called '9/11 Event', Convicted Sam Rainsy and his accomplices engaged in numerous activities that could be gathered into the following 3 major ones:

First, [they] incited and appealed to the Armed Forces and civil servants to revolt against the Royal Government;

Second, [they] incited and called upon the general public to revolt against the authorities;

Third, [they] solicited aid and raised funds for feeding illegal forces for the purpose of carrying out the aforesaid activities.

The three major activities mentioned above are organised into two purposes: (1) - to come back to the country in order to arrest the serving Prime Minister and (2) - to overthrow the legitimate government that was legally elected. Therefore, the fact of this plan is truly a 'coup attempt' made by violent means. For this reason, the phrase 'the plan to return' is just a pretext and a political ploy to entice and trick innocent people into participating in the aforesaid plan.

The aforesaid acts and activities have clear and compelling evidence, some of which are easily obtained because Convicted Sam Rainsy and his accomplices have used Facebook and other social media as a means to post provocative messages and serve their fraudulent action plan.

From a legal perspective, which country in this world does not consider the aforesaid 'coup attempt' as an illegal act? Certain countries have even considered these groups as terrorist organisations. Therefore;

- it is absolutely right that the Royal Government has put in place the necessary measures, as an independent and sovereign state, including legal, political and diplomatic measures, to completely destroy the plan, led by Convicted Sam Rainsy and his accomplices in order to destroy Cambodia, and to ensure the maintenance of peace, stability and well-being of the people.

- it is absolutely right that countries around the world do not support the illegal plan made by Convicted Sam Rainsy and his accomplices and have significantly contributed to making the said plan, which was intended to destroy peace, security and stability of Cambodia, backfire disastrously.
- it is absolutely right that the law of the Kingdom of Cambodia has strictly been enforced to punish criminals in the name of a sovereign state that adheres to the leadership principles, the rule of law. Pursuant to the Criminal Code of the Kingdom of Cambodia, the coup attempt to overthrow the legitimate government shall be punishable under Article 451 'Attack,' while those involved in the plot shall be punishable under Article 453 'Plotting.'

2. In order to proceed with this case, the court has adhered to the procedures stipulated in Cambodian law. The defendants have the right to defend themselves and also have the right to have lawyers for their legal representation. In criminal cases, defence lawyers for defendants must be present, otherwise the court cannot proceed with the trial. In the event that defendants neither have defence lawyers nor lawyers for their legal representation, the court shall request the Bar Association, which is the governing body of the Bar Association of the Kingdom of Cambodia, to appoint lawyers to defend their rights. The appointment of lawyers also applies to fugitive defendants who do not have lawyers to represent them before the court. However, for fugitive offenders, the court is permitted by law to conduct proceedings and make a decision against them in absentia."

By C. Nika