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Briefing Paper: The Yorm Bopha Case
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There has been some recent confusion surrounding the criminal case against Boeung Kak community activist Yorm Bopha. The muddling of the facts causing this confusion has been no accident – it reflects an intentional campaign by the authorities, complete with plausible allegations of payments to counter-protestors and even a disturbing weighing-in by the Prime Minister himself. In reality the facts underlying Bopha’s unwarranted conviction are simple, and reveal beyond any doubt that the authorities have targeted her to create fear and self-censorship among the remaining active members of the beleaguered Boeung Kak community.
Released in April 2013 (permalink)
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In early September 2012, 64-year-old Tim Sakmony was called to see tycoon Suy Sophan. Suy Sophan is the owner of Phanimex, the company responsible for forc-ibly evicting Tim Sakmony’s family from their home in Borei Keila and destroying all their belongings.
Suy Sophan had an offer for Tim Sakmony’s son: $1,000 in compensation and a small house at Toul Sambo relocation site, 25 km from Phnom Penh. He refused the offer. A few days later Tim Sakmony was arrested.
Released in December 2012 (permalink)
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Yorm Bopha has lost count of the number of times she has been threatened by authorities because of her involvement with the Boeung Kak Lake (BKL) campaign.
As a representative of the BKL community, 29-year-old mother Yorm Bopha is an outspoken land rights activist, and a central figure in her community’s long-running campaign against forced eviction. She can-not remember how many times she has been beaten during protests but she clearly remembers being shocked twice by electric stun batons whilst protest-ing peacefully.
Released in December 2012 (permalink)
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On July 15, 2012, independent Beehive Radio station owner and director Mam Sonando was arrested on suspicion of leading an "insurrectionary movement" in Kratie province. A trial is scheduled for Sept. 11. He faces up to 30 years in prison if he is convicted of all charges.
This paper is summarizes the case and concludes that the charges against Sonando are unjustified and an attempt to suppress free speech. In the continuing absence of credible evidence, Sonando should be released immediately, and the charges against him should be dropped unconditionally.
Released in August 2012 (permalink)
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Late last year, the Cambodian government quietly released a draft Law on the Management and Use of Agricultural Land that would have serious implications for private landholders. The draft law as currently written could be used as legal cover for land-grabbing and for those who wish to exploit and personally profit from Cambodia's land and resources. Most alarmingly, the law creates felony criminal liability for any actions that violate the law's far reaching provisions. The following aspects of the draft law require immediate scrutiny and substantial revisions.
Released in July 2012 (permalink)
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Two years after LICADHO first warned that Cambodia's prison population was spiraling out of control, growth has finally slowed - but prisons remain at more than 170% of capacity and the underlying causes of the crisis remain unaddressed.
LICADHO's third annual report on prison overcrowding and criminal justice reform updates an array of statistics on the prison population and reexamines recommendations that were made in previous reports from 2010 and 2011.
The report also details some of the underlying factors driving the overcrowding crisis. Most notably, LICADHO research shows that the number of inmates incarcerated for drug of offenses increased by a whopping 163% in 2011. And in 13 prisons surveyed by LICADHO, the total has nearly quadrupled since 2008.
Released in July 2012 (permalink)
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In May 2012, 15 activists from the Boeung Kak Lake community in Phnom Penh were arrested in relation to a land dispute that displaced thousands of families. Thirteen of them have been convicted and are now serving prison terms; the remaining two were released from pretrial detention on June 15 but still face charges. This document features photographs and biographies of each of the 15 activists.
Released in June 2012 (permalink)
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In December 2011, Cambodia enacted a new Law on Prisons, which now serves as the Kingdom's primary legal authority on the prison system.
LICADHO and others urged the National Assembly to amend Article 71, a provision in the law which permitted private firms to employ prisoners as employees, but it was ultimately passed without changes.
Three months after the passage of the law, the Royal Government of Cambodia has taken a modest step toward correcting the flaws in Article 71 of the prison law. On March 19, 2012, the government issued an "Inter-ministerial Prakas on the Prohibition of Using Prison Labor for Producing Export Goods."
Released in May 2012 (permalink)
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In 2010, LICADHO reported on an epidemic of in absentia criminal appeals trials in Cambodia. Hundreds of inmates were stranded in provincial prisons, unable to attend their hearings in Phnom Penh due to lack of transportation funding, poor organization between the prisons and courts and, more generally, an indifference to their plight. Two years later, the problem remains unaddressed.
As of February 2012, nearly 800 inmates with pending appeals were held in 11 provincial prisons surveyed by LICADHO. As was the case in 2010, the General Department of Prisons (GDP) still has no means to transport these prisoners to their appeal hearings in Phnom Penh. The prison system lacks the vehicles, gasoline, staffing and funding necessary for a comprehensive long-distance inmate transportation network. This report examines the scope of the problem and possible solutions
Released in April 2012 (permalink)
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On Dec. 12, 2011, the Royal Cambodian Government released the fourth draft of its proposed Law on Associations and Non-Governmental Organizations (LANGO). The release comes almost exactly one year after the first draft was introduced in mid-December 2010.
The contents of the three earlier drafts provoked extensive criticism from local and international civil society organizations, donor governments, and legal analysts. Twice previously the government has acknowledged these criticisms and promised to come up with a better draft. Twice previously they have failed.
With the fourth draft, they have failed again.
Although the law has shrunk by more than 20 articles and contains some notable improvements, it is also now more confusing than ever. Several key provisions raise more questions than they
answer, both in terms of the law's application and the intent of the government.
The law assures, for example, that domestic associations and non-governmental associations (NGOs) can be "freely established" without prior permission from the government, but then denies unregistered groups the legal status that could be essential to their operations. Is registration truly optional?
Released in December 2011 (permalink)
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