LIBRARY

5 November 2021

The Phnom Penh Appeal Court this morning suspended parts of the prison sentences of three imprisoned Mother Nature activists and placed them under judicial supervision for three years, meaning they face onerous reporting requirements or else risk being forced to serve the remaining sentences.

The three activists – Thun Ratha, Long Kunthea and Phuon Keoraksmey – were sentenced in May 2021 by the Phnom Penh Municipal Court on charges of incitement under Articles 494 and 495 of the Criminal Code over the planning of a one-woman march to Prime Minister Hun Sen’s house to discuss the filling in of Boeung Tamok lake in the capital’s north. They have been imprisoned since their arrest in September 2020.

Ratha was originally sentenced to 20 months in prison, but this morning’s ruling resulted in six months being suspended. Kunthea and Keoraksmey had been handed 18-month sentences, and this morning they had four months of those sentences suspended. The trio’s pre-trial detention began on 6 September 2020. Two other Mother Nature activists, Chea Kunthin and Alejandro Gonzalez-Davidson, were also convicted in absentia in the lower court case.

1 November 2021

This morning the Phnom Penh Municipal Court sentenced a 16-year-old boy with autism spectrum disorder to eight months in prison over content he shared on Facebook and Telegram. The child, the son of a detained political opposition member and an activist, was convicted of incitement and insult of public officials under Articles 494, 495 and 502 of the Criminal Code. He will serve four months and 15 days in prison, with the remainder of the sentence suspended.

The child is due to be released from prison this month but he will remain under probation for two additional years, during which time he will be required to appear before the court whenever summoned; inform the court if he changes address; and obtain permission to leave the country, among other conditions.

The trial hearing was open to the public and this morning monitors were permitted to enter the courtroom in which the child was present. Monitors were then ordered to leave the courtroom before the verdict was read. When leaving the courtroom after the verdict announcement, his mother was escorted out of the court building by officials as she attempted to inform monitors and the media who were waiting outside the courtroom about the verdict.

26 October 2021

The Phnom Penh Municipal Court today sentenced 10 currently detained political, social and youth activists to 20 months in prison and fined them 2 million riel each ($500) over charges of incitement under Articles 494 and 495 of the Criminal Code. They each must serve from 14 to 15 months in prison, with the remainder of their sentences suspended. The 10 activists, already detained for over one year, are each due to be released from prison in November 2021, however they were placed under probation for two additional years, requiring them to alert the court if they move, change jobs or want to leave the country, among other conditions. Four additional individuals were also sentenced in absentia.

The sentenced social and youth activists, many of whom were part of the Khmer Thavrak movement, include Chhoeun Daravy, Hun Vannak, Mean Prummony, Koet Saray, Tha Lavy, Moung Sopheak, and Eng Malai. Daravy and Vannak were each sentenced to serve 15 months in prison, while the others must serve 14 months. They were arrested in August and September 2020 in relation to their peaceful gatherings around the court to call for the release of jailed union leader Rong Chhun, who remains in prison after being convicted of incitement on 18 August 2021.

The trial mostly consisted of the activists being asked if they had obtained prior permission to gather, and if they had someone from outside the country encouraging or paying them to engage in the peaceful calls for Rong Chhun’s release. In their closing statements, many of the activists noted that they had only engaged in peaceful demonstrations, that the conditions in Cambodia’s overcrowded prisons were difficult, and that the trial lacked justice.

22 October 2021

Authorities pushed women protesters to the ground and confiscated banners from a group of around 20 demonstrators who gathered in front of the French Embassy this morning. Police and para-police outnumbered demonstrators and used excessive force to disrupt the protesters from holding banners and speaking to the media.

The group of women protesters, often called the “Friday Women”, have for months gathered in front of various embassies and state institutions to call for the release of their imprisoned family members, who are former members or officials in the Cambodia National Rescue Party (CNRP), which was dissolved by Cambodian courts in November 2017. They have previously been harassed and pushed by security forces during peaceful demonstrations.

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Authorities Shove, Harass Families of Detained Opposition

Three of the demonstrators entered the French Embassy to deliver their petition, including Prum Chantha, the mother of a detained 16-year-old with autism spectrum disorder. Her son was arrested in June 2021 for incitement and insult of public officials, while her husband Kak Komphear, a former CNRP official, has been in jail since June 2020 on charges of conspiracy and incitement. The other petitioners were Seng Chan Thon, whose husband Sun Thun was a former CNRP activist, high school teacher and local union leader and was arrested in June 2020; and Out Chanthy, whose husband Yoem Sareth was a former elected commune councillor in Phnom Penh for the CNRP and was arrested in March 2020.

20 October 2021

We, Phnom Penh communities, have faced eviction and relocation as a result of the rapid growth of private and foreign investment. We, rural land communities, have similarly faced eviction as a result of unfair and unjust development projects, often implemented by both foreign and local investors.

Urban and rural development must be conducted in accordance with Cambodia’s laws, with fairness and equity, in order to create a foundation for true sustainable development.

17 October 2021

Land grabbing has affected more than 5,000 families in the last two years, showing no signs of slowing down during the Covid-19 pandemic. Instead, arrests and jailing of land community members and activists has increased over the last two years, and as of October 2021, there are at least 21 land community members and activists who have been arrested, with 10 people imprisoned.

To celebrate Word Habitat Day, LICADHO is releasing a video about the impact of Covid-19 on community members and activists, and their ongoing struggle in exercising their fundamental rights and freedoms to fight for their land rights.

13 October 2021

The Phnom Penh Municipal Court indefinitely delayed the scheduled reading of a verdict in a case involving a 16-year-old child who is the son of a jailed former political opposition member, giving the reason that the judge in the case was “busy”.

The child, whose mother says has autism spectrum disorder, was charged with incitement and insult of public officials after being arrested on 24 June 2021. Evidence in the case included messages sent over Telegram. The charges under Articles 494, 495 and 502 of the Criminal Code carry a maximum of two years in prison as well as fines.

The child was previously denied release under court supervision on 3 August 2021 and has now been detained 111 days without access to his family. He was previously the target of violent attacks, including an incident in April 2021 when a brick was thrown at his head, requiring stitches.

30 September 2021

Today the Koh Kong Provincial Court convicted Youn Chhiv, the publisher of Koh Kong Hot News, of incitement under Articles 494 and 495 of the Criminal Code. Less than 72 hours after he was detained, he was sentenced to one year in prison.

The conviction followed an instruction by Minister of National Defense, General Tea Banh, to investigate Youn Chhiv over allegedly false information he posted about the Koh Kong deputy governor’s involvement in a land dispute in the province.

Youn Chhiv was summoned by the Botum Sakor district police and presented himself for questioning on Tuesday. He was made to write a letter of apology to the deputy governor and agreed to remove an article posted on his media outlet’s Facebook page before the case was sent to the court yesterday. The case went to trial today, without a judicial investigation being opened, on the grounds that he was allegedly caught in the act of committing the crime (in flagrante delicto).

21 September 2021

We, the undersigned national and international non-governmental organizations, unions, and communities, call on the Royal Government of Cambodia (“RGC”) to cease its intimidation of Cambodian analysts and other critical voices for their views and opinions on matters of public interest in Cambodia and uphold the freedom of expression.

In a speech made on 17 September 2021, the Prime Minister “warned” Cambodian analysts for their comments on Cambodia’s foreign policy. In particular, an analyst who recently made critical comments on Cambodia’s foreign policy with China, Dr. Meas Nee, was identified by name and told not to be “arrogant”. The Prime Minister also revealed that an arrest warrant was issued for another analyst who had made a Facebook post listing six conditions for the formation of a unity government. The analyst, later identified as Dr. Seng Sary, was warned that if the post was not removed from Facebook, he would be considered to be in fragrante delicto and arrested. However, on 20 September 2021, the Prime Minister said in a Facebook post he recognized the important work that political analysts carry out in the country’s national interests, and requested the court to end legal proceedings against Dr. Seng Sary.

28 August 2021

Two land community representatives in Svay Rieng province were sent to pre-trial detention today on charges of disobeying administrative measures and obstructing against the implementation of prevention measures, under Articles 10 and 11 of the recently passed Covid Law, which carry up to 5 years in prison and a fine of up to 20 million riels each.

Ms. Yous Sophorn and Ms. En Soth, two representatives from Samaki Chek Meas community in Svay Chrum district, were summonsed by provincial police on Friday morning and were arrested after arriving at the police station. The summons related to a community protest in a rice field involving more than 100 villagers that took place on 2 August 2021, during which authorities accused the two women of not following proper health measures and fined them 2 million riels each. The Svay Chrum district governor told local media at the time that if the women did not pay the fine within one month, they would face additional legal measures.

UN experts in April raised concerns about the “excessive prison sentences and fines” in the government’s Law on Preventive Measures Against the Spread of Covid-19 and other Severe and Dangerous Contagious Diseases, or the Covid Law, which was hastily passed and enacted without proper consultations in March 2021.

24 August 2021

In light of the ever-worsening human rights situation in Cambodia, we, the undersigned civil society organizations, trade unions, associations and communities, are deeply concerned about the Royal Government of Cambodia (“RGC”)’s recent move towards the establishment of a National Human Rights Institution (“NHRI”). While such an institution is direly needed in the Kingdom, the environment in which it would come to operate raises concern as to its expected effectivity and credibility. We urge the RGC to prioritize redressing Cambodia’s human rights situation prior to its establishment to ensure that its creation is motivated by a genuine interest in promoting and protecting human rights rather than by attempts to provide a veneer of credibility to the RGC’s proclaimed commitment to human rights.

When establishing an NHRI, due consideration must be given to the Paris Principles – the international minimum standards for NHRIs to be considered credible and able to operate effectively. Of paramount importance is the requirement of independence from governments. Unfortunately, all the institutions previously set up to be independent from the RGC have ended up being inactive or fully controlled by it, making us fear that the NHRI will know no different fate.

18 August 2021

The Phnom Penh Municipal Court this morning sentenced Rong Chhun to 24 months in prison and activists Sar Kanika and Ton Nimol to 20 months in prison on charges of incitement under Articles 494 and 495 of the criminal code. The activists were each ordered to pay 2 million riel ($500) in fines, as well as jointly pay 400 million riel ($100,000) in damages.

Chhun, a longtime unionist and labour rights activist, was arrested in July 2020 over comments he made regarding the Cambodia-Vietnam border. Kanika was arrested the following month during a peaceful protest calling for Chhun’s release. Nimol, a former commune election candidate for the CNRP, was arrested in October that year during a rally in front of the Chinese Embassy. All three have been imprisoned in pre-trial detention since their arrest.

Nineteen activists, artists and human rights defenders were arrested in the month and a half following Chhun’s arrest, with many also facing charges of incitement, which carries up to two years in prison. At least 24 human rights defenders are currently in prison for exercising their rights.

11 August 2021

The government has unleashed a campaign to attack, jail and convict Cambodia’s environmental defenders and social activists who have raised warnings over issues like waste management, sand dredging, and deforestation, as well as labour and political rights.

In the run up to International Human Rights Day, LICADHO will advocate each week for the release of human rights defenders and highlight the brave and critical work done by these imprisoned activists. Six of these activists are environmental defenders from Mother Nature Cambodia, who are facing the outrageous charge of plotting against the state, two of whom are also facing additional charges of insulting the king. Others are longtime labour leaders, monks, and members of the youth activist group Khmer Thavrak.

These activists spoke out on issues important to Cambodia and have faced harassment, intimidation and prison sentences as a result.

It is time to drop these charges and release these activists and all human rights defenders now.

21 July 2021

Three jailed Mother Nature environmental activists who were arrested in September 2020 and convicted in May 2021 on charges of incitement have now been charged with plotting by the Phnom Penh Municipal Court in relation to a case involving four fellow activists from June 2021.

Thun Ratha, Phuon Keoraksmey and Long Kunthea were convicted on an incitement charge and sentenced to between 18 and 20 months and are currently in prison. They were questioned by an investigating judge this week in relation to plotting charges and face up to ten years in prison if convicted. The lawyers who previously represented them were not made aware of their transfer from prison for questioning and were not present during the interviews.

Plotting charges were filed in June 2021 against four Mother Nature activists – Sun Ratha, Ly Chandaravuth, Yim Leanghy and Alejandro Gonzalez-Davidson - as well as the additional charge of insulting the king. Spanish national Gonzalez-Davidson was charged in absentia, while the three activists were arrested and are currently in pre-trial detention. The activists face up to 10 years in prison if convicted.

9 July 2021

Today, in advance of the fifth anniversary of the unlawful killing of prominent political commentator and human rights defender Kem Ley, the 45 undersigned organizations reiterate their call for the Cambodian authorities to create an independent Commission of Inquiry tasked with conducting an independent, impartial and effective investigation into Kem Ley’s death.

28 June 2021

A video featuring the voices and experiences of community members who face over-indebtedness due to microfinance and microloan debt. Difficulties include coerced land sales, child labour, migration, hunger, and other human rights violations. These borrowers have the right to relief.

28 June 2021

Right to Relief is a call for immediate action to be taken by microloan providers - both microfinance institutions (MFIs) and banks - as well as their international investors, including state development banks from Europe and the United States, to investigate the scope of human rights abuses and provide relief to borrowers who have suffered from predatory lending and collection practices. The research spans eight provinces in Cambodia, with each community profile featuring information about the community’s formation in response to a land conflict, and the threat to land tenure security and other human rights now posed by over-indebtedness.

A website features highlights from the 14 community profiles, while a PDF of the report contains more complete profiles and additional information about the project.

28 June 2021

Right to Relief is a call for immediate action to be taken by microloan providers - both microfinance institutions (MFIs) and banks - as well as their international investors, including state development banks from Europe and the United States, to investigate the scope of human rights abuses and provide relief to borrowers who have suffered from predatory lending and collection practices. The research spans eight provinces in Cambodia, with each community profile featuring information about the community’s formation in response to a land conflict, and the threat to land tenure security and other human rights now posed by over-indebtedness.

A website features highlights from the 14 community profiles, while a PDF of the report contains more complete profiles and additional information about the project.

22 June 2021

The Phnom Penh Municipal Court on Sunday charged four members of the Mother Nature environmental movement with plotting an attack against the state and insulting the king, part of the targeted and outrageous persecution of frontline environmental defenders and grassroots activists by the government. Authorities should stop imprisoning and start listening to our youth activists who are on the front line of documenting the risks Cambodia faces from natural resource exploitation and environmental degradation. These activists are tirelessly and selflessly working for the nation’s best interests.

We, the undersigned communities and civil society groups, demand the immediate release of the arrested environmental activists, dropping of all charges, and a halt to the relentless repression and prosecution of the environmental movement.

20 June 2021

Ratha and Chandaravuth were arrested alongside another activist, Seth Chhivlimeng, in Phnom Penh. The three were arrested on Wednesday morning, apparently in relation to their activities documenting runoff draining into the Tonle Sap river in the capital’s Daun Penh district. Chhivlimeng was later released from detention after being detained for 24 hours at the Police Private Security Management department of the Ministry of Interior, while Ratha and Chandaravuth remained in detention.

Also on Wednesday, police in Kandal province’s Koh Thom district summonsed environmental activist Yim Leanghy for questioning and he was arrested after arriving at the police station. He was later transferred to Phnom Penh and was sent to court along with Ratha and Chandaravuth. Leanghy, Ratha and Chandaravuth face between 1 and 5 years in prison for insulting the king as well as a fine of between 2 and 10 million riel ($500 to $2,500), and they also face between 5 and 10 years in prison for plotting. Also charged with the same crimes was Spanish national Alejandro Gonzalez-Davidson, who was deported from Cambodia in 2015 in relation to his activities as the co-founder of the Mother Nature Cambodia environmental movement.