LIBRARY

6 January 2024

Outspoken social commentator Ny Nak was sent to pre-trial detention by a Phnom Penh court this morning after being questioned on charges of incitement to discriminate and defamation on Friday.

Nak claimed the charges were filed due to a Facebook post in which he questioned the government’s decision to give away 91 hectares of land in Kampot province to an individual named Heng Sour. A local newspaper identified the land recipient as the current Minister of Labour Heng Sour, but that was later denied by the government. Nak is being held at Phnom Penh’s Correctional Center 1.

Nak said his arrest was due to a complaint filed by Sour over at least one of Nak’s social media posts, made on 17 December 2023, which asked, “What achievements has Heng Sour done for the Khmer nation, that the government gave him forest land as his personal property? RIP Khmer forests.”

3 January 2024

Around 100 people gathered at Solidarity House in Phnom Penh this afternoon to mark 10 years since the fatal violence that took place at the capital’s Veng Sreng Boulevard, when mixed government forces opened fire on striking workers, killing at least four and wounding 38. Khem Sophath, a child at the time, was shot and remains missing to this day.

The remembrance was attended by union, association and NGO leaders and members, and began with prayers by monks. Vorn Pao, president of the Independent Democracy of Informal Economy Association (IDEA), who was beaten and arrested in 2014 while observing a strike in front of the Yak Jin factory the day before the shootings, spoke at the event.

“The second of January was a tragic day… Before the police arrested us, they did not tell us about the charges and we could not meet with a lawyer. We were protesting for increasing the salary for the worker,” Pao said.

22 December 2023

The Supreme Court this morning denied bail to opposition leader Thach Setha. Setha will remain in detention while the appeal against his conviction of irregular financial payments is pending.

The Phnom Penh Municipal Court convicted Setha of irregular financial payments under Article 231 of the Law on Negotiable Instruments and Payment Transactions on 21 September. This followed a complaint by Rin Chhay Pawn Shop, which alleged Setha had written five bad cheques to repay a loan in 2019. The court sentenced Setha to one year and six months in prison and imposed a fine of 3 million riel (around US$750). Setha was also ordered to pay Rin Chhay Pawn Shop around 133.6 million riel (around US$33,400) — the amount of his outstanding debt — in addition to 5 million riel (around US$1,250) in compensation.

In a separate case on 18 October, the Phnom Penh Municipal Court convicted Setha of incitement to commit a felony and incitement to discriminate under Articles 494, 495 and 496 of the Criminal Code, for a speech that he made to supporters of the former Cambodia National Rescue Party (CNRP) early this year. The court imposed the maximum prison sentence of three years as well as a fine of 4 million riel (about US$1,000).

19 December 2023

The Preah Sihanouk Appeal Court this morning upheld the defamation convictions of two Koh Kong land activists, Phav Nheung and Seng Lin, under Article 305 of the Criminal Code. The court also dropped incitement charges under Articles 494 and 495 against them, partially upholding the decision of the Koh Kong Provincial Court from August.

Nheung and Lin were the target of a complaint launched by Chhay Vy, a former community representative whom the women had accused in 2019 of seizing land. The activists were each fined 4 million riel (approximately US$1,000) and ordered to pay 40 million riel (approximately $10,000) in compensation to Vy.

Both Nheung and Lin were jailed in pre-trial detention between 30 June and 6 October this year over the incitement charges, with Nheung detained alongside her infant son.

6 December 2023

Six police officers entered LICADHO’s office in Banteay Meanchey province this afternoon and arrested four people who were seeking legal advice on behalf of imprisoned political activist Kong Saron, who is being represented by LICADHO’s legal team.

The four individuals include Hang Treub, Kong Saron’s wife; Seng Chantha, their daughter; and two other people who had accompanied them to LICADHO’s office. All four were arrested about 10 minutes after arriving at the office, after Treub had visited her husband in prison earlier this morning.

LICADHO staff asked for relevant documents, which police did not provide, instead responding that they were “obeying orders.” The police officers also ordered LICADHO staff to delete photographs of their presence at the office.

30 November 2023

The Phnom Penh Appeal Court today upheld the convictions of Seam Pluk, co-founder of the Cambodia National Heart Party (CNHP), and three other opposition members and supporters (Nou Sitheary, Khoeun Virath and Touch Theung) on charges of forgery and use of forged documents under Articles 626, 627 and 628 of the Criminal Code. The Appeal Court’s decision was announced after the trial hearing, which took place this morning.

The Phnom Penh Municipal Court convicted Pluk and 12 other defendants, including the three others who appealed today, on 24 March 2023. As a result of today’s Appeal Court’s decision, Pluk remains sentenced to two years and six months in prison and ordered to pay a fine of of 5 million riel (around USD$1,250). The other three defendants remain sentenced to two years in prison and are ordered to pay the same fine.

10 November 2023

The Supreme Court this morning rejected the appeal of one Candlelight Party official and denied bail to another Candlelight official in two separate cases, leaving both behind bars.

The court rejected the appeal of Touch Theung, a province-level Candlelight Party chief who was convicted on charges of forgery and use of forged documents earlier this year. The Supreme Court also upheld an order of pre-trial detention for Chao Veasna, Poipet District President and Steering Committee member of the Candlelight Party, who is awaiting trial on charges of incitement. Both opposition officials were returned to prison after the hearing.

Theung, 74, was convicted of forgery and related charges along with 12 other defendants in March 2023. These convictions related to their support for the registration of a new opposition party, the Cambodia National Heart Party (CNHP), in late 2021. Theung was sentenced to two years in prison and fined 5 million riel (around USD $1,250).

19 October 2023

The Phnom Penh Appeal Court today upheld the convictions of eight current and former unionists from the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU).

Nine activists, including union President Chhim Sithar, were convicted of incitement under Articles 494 and 495 of the Criminal Code by the Phnom Penh Municipal Court in May 2023. Eight of the activists appealed the verdict. They included Sithar, who received the maximum sentence of two years in prison; Chhim Sokhorn, Hay Sopheap, Kleang Soben, Sun Srey Pich and Touch Sereymeas, who were sentenced to 18 months in prison; and Sok Narith and Ry Sovandy, who received one-year suspended sentences.

The Appeal Court trial started this morning. The court announced its verdict upholding the lower court’s judgment in full this afternoon after deliberating for 30 minutes. Sok Kongkea, who was also convicted by the Phnom Penh Municipal Court and received a suspended sentence, did not appeal the lower court’s verdict.

18 October 2023

The Phnom Penh Municipal Court today announced its guilty verdict for Thach Setha, Vice-President of the opposition Candlelight Party, on charges of incitement to commit a felony and incitement to discriminate. Setha was convicted for a speech that he made to supporters of the former Cambodia National Rescue Party (CNRP) early this year.

The court found Setha guilty under Articles 494, 495 and 496 of the Criminal Code, and imposed the maximum prison sentence of three years as well as a fine of 4 million riel (about US$1,000).

The charges were in relation to a speech that Setha gave on 8 January 2023 during a visit to South Korea. The speech criticised the celebration of 7 January, an official holiday marking the toppling of the Khmer Rouge regime, and which the opposition often critically refers to when speaking of the Vietnamese government’s presence in Cambodia throughout the 1980s. Setha also referred to connections between the ruling Cambodian People’s Party (CPP) and the Khmer Rouge. Setha’s speech was videotaped and posted on YouTube by an unknown source. Setha was subsequently ordered to be held in pre-trial detention.

6 October 2023

Two Koh Kong land activists, Phav Nheung and Seng Lin, were released from Koh Kong provincial prison today, after the Preah Sihanouk Appeal Court yesterday ordered the release of the detained women from pre-trial detention.

The Koh Kong Provincial Court in August sentenced both women to one year’s imprisonment and to pay 40 million riel (approximately US$10,000) after finding them guilty of defamation and incitement under Articles 494, 495, and 305 of the Criminal Code. Both were the target of a complaint launched by former community representative Chhay Vy, whom the women had accused in 2019 of seizing land.

Both Nheung and Lin had been in pre-trial detention since 30 June 2023, following their arrest on 29 June. Nheung’s almost two-year-old son had been living in prison with his mother since.

6 October 2023

On 4 October 2023, the Tbong Khmum Appeal Court announced its verdict dropping all charges against five Ratanakiri forest activists, including Chhorn Phalla. Phalla is a long-time environmental activist who has been imprisoned since his arrest in September 2021. Chhorn Phalla was released today, after the prosecution confirmed that the Appeal Court’s decision would not be appealed.

Phalla had been sentenced to six years’ imprisonment in July 2022, while four other activists – Kham Masork, Sithan Nhan, Thvae Hok and Lat Branh, all of whom are Tampuon indigenous peoples – were sentenced to five years’ imprisonment, but were not imprisoned pending appeal. The charges relate to a 2017 meeting that the five men attended in an effort to protect their forests and land and raise awareness about illegal logging.

The five were previously convicted by the Ratanakiri Provincial Court, which alleged that they had “felled trees, encroached and cleared forest land, set forest fire, and bulldozed forestlands to claim ownership” contrary to Article 28 of the Criminal Code and Articles 56(4) and 62(1) of the Law on Natural Protected Areas.

5 October 2023

More than 100 people from unions and organisations including the Cambodian Independent Teachers Association (CITA) today gathered at Freedom Park in Phnom Penh to celebrate World Teachers’ Day. The event was monitored by around 20 uniformed and plainclothes authorities, who prevented participants from marching. Participants instead remained at Freedom Park, and a representative from the Ministry of Education, Youth and Sport received their petition.

Many attendees held banners calling for the elimination of corruption in Cambodia’s education system, freedom of association for teachers, and an increase of teachers’ salaries and benefits. Other signs called for the release of prisoners such as the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) President Chhim Sithar and prominent activist Seng Theary.

Participants included representatives from CITA, LRSU, the Cambodian Labour Confederation (CLC) and other activists. Eight speakers delivered speeches including Ouk Chhayavy, President of CITA; Rong Chhun, President of the Cambodian Confederation of Unions (CCU) and Vice-President of the Candlelight Party; Long Rim, CITA board member; Ath Thun, President of CLC; Mom Sovandin, LRSU member; Thon Chantha, Candlelight Party youth leader; Heng Choeurn, President of the Cambodian Agricultural Workers Federation (CAWF) and CLC member; and political activist Prum Chantha.

29 September 2023

The Phnom Penh Appeal Court today announced its verdict upholding criminal charges against four out of 10 people who were arrested in front of Phnom Penh's Yak Jin garment factory on 2 January 2014, one day before the violence that took place along Veng Sreng Boulevard in January 2014. The strike was notoriously shut down on 3 January 2014 when mixed government forces opened fire on the striking workers.

The 10 workers were convicted by the Phnom Penh Municipal Court in 2014 of instigating intentional acts of violence with aggravating circumstances, contrary to Articles 28 and 218 of the Criminal Code. Out of the 10 defendants, only four (Chan Puthisak, a Boeung Kak Lake land activist; Theng Savoeun, President of the Coalition of Cambodian Farmer Community (CCFC); Sokun Sambath Piseth, a former staff member at Center for Labor Rights of Cambodia; and Vorn Pao, President of the Independent Democracy of Informal Economy Association (IDEA)) appealed their sentences.

The Appeal Court upheld the Municipal Court’s decision to sentence Theng Savoeun to four years’ imprisonment, as well as its sentences of four years and six months for Chan Puthisak, Sokun Sambath Piseth, and Vorn Pao, all of which were suspended by the lower court. All four had already spent between 3 January and 30 May 2014 in prison. The Appeal Court also dropped the 8 million riel fine (around US $2,000) imposed by the lower court on all four defendants.

21 September 2023

The Phnom Penh Municipal Court this morning convicted Thach Setha, Vice President of the Candlelight Party, of irregular financial payments and sentenced him to one year and six months in prison as well as imposing a fine and compensation. The case followed a complaint by Rin Chhay Pawn Shop, which alleged that Setha had written five bad cheques to repay a loan in 2019. Setha has been held in pre-trial detention since his arrest in January 2023, with multiple bail requests denied.

The court sentenced Setha under Article 231 of the Law on Negotiable Instruments and Payment Transactions. He was ordered to pay a fine of 3 million riel (around US$750). Setha was also ordered to pay the complainant US$33,400 (around 133.6 million riel) — the amount of his outstanding debt to Rin Chhay Pawn Shop — in addition to 5 million riel (around US$1,250) in compensation.

The Phnom Penh Municipal Court today also conducted the first hearing of a separate case charging Setha with incitement to disturb social security and incitement to discriminate under Articles 494, 495, and 496 of the Criminal Code. Setha was indicted in April 2023 in relation to a speech made to Cambodian migrant workers in South Korea on 8 January 2023, which was published by an unknown source on YouTube. Setha has also been ordered into pre-trial detention on the basis of these charges, with the Supreme Court upholding the denial of his bail request in June 2023.

15 September 2023

Seven Candlelight Party officials and members were sent to pre-trial detention yesterday evening, after being charged with either incitement and/or fraud under Articles 494–495 and Articles 377–378 of the Criminal Code, respectively. They are currently detained in Banteay Meanchey provincial prison.

The seven charged activists were part of a larger group of 23 Candlelight members who were questioned by police in Banteay Meanchey from Saturday, 9 September in relation to the creation of a new political party. The basis for the criminal charges has not been confirmed.

The seven charged Candlelight political activists are Sin Vatha, Banteay Meanchey provincial party chief; Long Lavy, Banteay Meanchey provincial party deputy chief; Tes Sambath Vathano, party member; Tout Veasna, Mongkol Borei district party chief; Chhom Sinath, Mongkol Borei district party deputy chief; Vann Suy Eiv, elected Koy Maeng commune councillor; and Him La, a Candlelight supporter. Five of the activists have been charged with both incitement and fraud; the latter two (Vann Suy Eiv and Him La) have been charged with incitement only.

29 August 2023

Nine Koh Kong land activists were granted bail earlier today by the Preah Sihanouk Appeal Court, yet they will remain subject to judicial supervision conditions. The activists have already spent two months in pre-trial detention in Koh Kong provincial prison, following their arrest on 29 June 2023.

The nine activists appeared at the bail hearing this morning where they were supported by 178 community members and representatives from 197 Land Community, 175 Land Community, and 955 Land Community in Koh Kong province. Authorities suggested that supporters wait inside the court building, but they instead chose to remain outside to publicly call for their representatives’ release.

The nine activists are Ms. Phav Nheung, Ms. Det Huor, Ms. Yi Kunthea, Mr. Sok Chey, Mr. Heng Chey, Ms. Tin Tang, Mr. Lang Cheav, Ms. Seng Lin, and Mr. Yoeut Khmao. They were each charged with incitement following their attempt to peacefully travel to Phnom Penh to submit a petition to the Ministry of Justice.

15 August 2023

The Koh Kong Provincial Court this afternoon convicted 10 Koh Kong land activists of malicious denunciation and incitement to disturb social security, including three activists who have been detained in prison since June on separate cases. Around 60 community members from 197 Land Community and 955 Land Community gathered outside the court in support of the activists as the verdict was read.

The 10 convicted activists are Chhan Chheurn, Det Huor, Erb Vy, Erp Teung, Heng Chey, Inn Thou, Kert Nov, Kong Men, Puo Houn, and Sok Chey. All 10 were sentenced to one year’s imprisonment and ordered to collectively pay 40 million riel (approximately US$9,600) in compensation to tycoon Heng Huy. Erb Vy’s sentence was fully suspended, while the remaining nine intend to appeal the verdict.

Det Huor, Heng Chey and Sok Chey were already detained in Koh Kong Provincial Prison as a result of separate cases, and were transported to the court in a blacked out police van. They will remain in prison on those separate charges, while no arrest warrants were issued for the six other activists whose sentences were not suspended, indicating they will remain out of prison pending appeal.

4 August 2023

Three Koh Kong land activists were this week found guilty of criminal charges including defamation, incitement, and malicious denunciation for their peaceful activism in defence of their communities’ land rights.

On 2 August 2023, the Koh Kong Provincial Court found two women activists guilty of defamation and incitement to disturb social security. Phav Nheung and Seng Lin were sentenced to one year’s imprisonment each and ordered to pay 40 million riel (approximately US $9,600) in compensation to the plaintiff. Both were the target of a complaint launched by former community representative Chhay Vy, whom the women had accused in 2019 of having seized land. The charges were dropped against a third woman, Khorn Phun.

In a separate case this morning, the Supreme Court upheld the verdict of the Sihanoukville Appeal Court against a third land activist from Koh Kong, Det Huor. Huor was convicted of malicious denunciation and defamation following a complaint made by tycoon Heng Huy about Huor’s Facebook post dated September 2021. Huor was sentenced to one year’s imprisonment and a 2 million riel fine (approximately US $500), which was reduced to 6 months’ imprisonment and a 1 million riel fine both suspended by the Sihanoukville Appeal Court in October 2022. The Supreme Court’s judgment upholds this decision.

2 August 2023

The Compliance Advisor Ombudsman (CAO) of the International Finance Corporation (IFC) will carry out a compliance investigation of six microfinance lenders in Cambodia and four intermediaries over harms caused by over-indebtedness and predatory lending.

The CAO’s investigation was initially announced on 13 June 2023, but was delayed after IFC management requested the IFC Board to review the CAO’s decision. This was the first ever request of its kind, made using a 2021 amendment to the CAO policy that allows for such reviews under narrow, technical grounds only. The IFC later withdrew its request on the last day of the review period without explanation. The CAO noted a policy requiring “any request” to be published, but also said a decision on whether to publish this withdrawn request is “pending.”

The CAO’s Compliance Appraisal Report determined that an investigation was warranted. In this report, the CAO stated it had found preliminary indications of harm and that the IFC may not have complied with its own policies. The report noted that those harms are plausibly linked to IFC’s potential non-compliance.

18 July 2023

The Board of Directors of the International Finance Corporation (IFC) has granted itself additional time to review a decision by its independent accountability mechanism to open an investigation into IFC microfinance investments in Cambodia. The Board has until 28 July 2023 to uphold or overturn the decision to investigate.

The IFC is a member of the World Bank Group, and it has made significant investments in Cambodia’s microfinance industry. Following a complaint, the independent accountability mechanism of the IFC – the Compliance Advisor Ombudsman (CAO) – completed, among other steps, a seven-month-long review and on 13 June 2023 “concluded that an investigation is merited". On 29 June, IFC management requested that the Board review the CAO’s decision, by activating a never-before-used 2021 amendment to the CAO Policy.

Twenty-four stakeholders, including LICADHO, wrote a joint letter to the Board on 12 July 2023 outlining concerns about IFC management’s request for Board review. The letter reminds the Board that CAO Policy limits their review to narrow technical criteria, and that the Board is explicitly prohibited from making a judgement on the merits of the complaint.