LIBRARY

Judiciary/Rule of Law

Livestream | Trial of Cambodian “Multi-media Monk” Venerable Sovath

24 November 2014

Renowned human rights defender Venerable Loun Sovath will appear before the Phnom Penh Municipal Court in a flawed and protracted judicial process aiming to silence him. He has been charged with “incitement to commit a felony” for joining and supporting demonstrations by victims of land disputes throughout Cambodia.

Statement | Groundless Charges against Venerable Loun Sovath Need to be Dropped

23 November 2014audio available

We, the 16 endorsing non-governmental organizations, urge the Cambodian authorities to drop the charges against renowned human rights defender Venerable Luon Sovath. He is facing trial on 25 November 2014 in a flawed and protracted judicial process that clearly aims to silence him. Venerable Sovath is internationally known as the "multi-media monk," and his efforts to voice the human rights abuses against vulnerable communities and human rights defenders in Cambodia have been recognized globally.

Flash Info | Over 150 protestors gather to demand release of activists and monks

18 November 2014

This morning some 150 community members and monks gathered in front of the Embassy of the United States in support of Venerable Luon Sovath, while demanding the release of more than a dozen activists and monks who were arrested and imprisoned last week.

Venerable Sovath is submitting letters of invitation to 13 embassies, calling on dignitaries to witness his trial on November 25 at the Phnom Penh Municipal Court. He is being tried on alleged charges of incitement.

Additionally, community members and monks are submitting petitions at the same embassies to request the release of more than a dozen activists and monks who are being detained at CC1 and CC2 in Prey Sar Prison. Venerable Sovath and the 150 community members and monks, will march to a total of 13 embassies including Britain, Singapore, Russia, Thailand, China, Australia, Republic of Korea, the European Union, and Office of the United Nations High Commissioner for Human Rights (OHCHR).

Flash Info | Communities call for the release of imprisoned activists at Prey Sar prison

16 November 2014

This morning around 200 monks, NGO representatives and land activists from Borei Keila, Boeung Kak, Thmor Kol and Lor Peang communities gathered outside Prey Sar CC1 and CC2 prisons to call for the release of 17 imprisoned activists. Demonstrators, including relatives of the land activists held speeches and released balloons before marching near the prisons.

Last week ten land activists, three newly-defrocked monks and two CNRP members were arrested and sent to prison for exercising their right to peacefully protest. Eleven of them have already been swiftly tried, convicted and sentenced to one year in prison. Two other CNRP members have been in prison since last month.

Flash Info | 200 gather at National Assembly in Phnom Penh to protest wave of arrests

14 November 2014

This morning approximately 200 people including monks, community representatives, media and NGO staff gathered in front of the National Assembly to call for the release of activists recently arrested.

Earlier in the day protestors in two tuk tuks were temporarily prevented from reaching the site of the gathering.

Since Monday, 15 people including three newly-defrocked monks and two CNRP members have been arrested and sent to prison for exercising their right to peacefully protest.

Flash Info | Additional one year prison sentences for three land activists and one defrocked monk in Phnom Penh

12 November 2014

This evening, the Phnom Penh Municipal Court sentenced a further three land activists and a newly-defrocked monk to one year in prison and a fine of US $500 after convicting them of the offence of obstructing a public official with aggravating circumstances (Article 504 of the Criminal Code).

The four were arrested yesterday while taking part in a peaceful gathering in front of the court to call for the release of seven detained Boeung Kak Lake activists. The seven women had been detained on Monday and were also convicted and sentenced to one year in prison, for the offence of obstructing traffic, in a little over 24 hours.

Statement | Civil Society Groups Condemn Arrest and Detention of the Boeung Kak Lake Seven

12 November 2014audio available

We, the undersigned civil society groups, condemn the arrest, detention, and conviction of the seven Boeung Kak Lake community representatives following protests outside Phnom Penh City Hall on the morning of November 10, 2014.

Flash Info | Boeung Kak Lake representatives arrested, convicted and sentenced in just over 24 hours

11 November 2014

Seven representatives from Boeung Kak Lake community have been sentenced to one year in prison along with the payment of a 2 million Cambodian Riel fine per person, following their arrest yesterday outside city hall.

All seven activists were charged with obstructing public traffic (Article 78 of the traffic law) and are currently being transported to Prey Sar CC2 Prison.

The seven convicted are Nget Khun, Tep Vanny, Song Sreyleap, Kong Chantha, and Phan Chhunreth, who were all previously arrested and convicted in 2012 for peaceful activism. Two other community representatives, Po Chorvy and Nong Sreng were also convicted today.

Briefing Paper | Legal Analysis of Cambodia's Draft Law on Unions of Enterprises

18 September 2014

Today, CLEC and LICADHO release a legal analysis of the latest draft of the Law on Unions of Enterprises (Trade Union Law) obtained at the end of May, this year. As unions yesterday began a nationwide campaign for a $177 per month minimum wage, the draft Trade Union Law underlines the government’s intent to interfere with and infringe upon union formation and activities.

Statement | Rights groups call for an end to enforced disappearances in ASEAN

30 August 2014audio available

Today, on the occasion of International Day of the Victims of Enforced Disappearances, we, the undersigned organizations, urge ASEAN member states to end acts of enforced disappearances in Southeast Asia.

Cases of enforced disappearances continue to occur in the region. Victims include human rights defenders as well as ordinary citizens. Enforced disappearances also continue to target vulnerable groups, such as children. Three new cases of enforced disappearance that took place over the past year clearly illustrate this worrying pattern.

Flash Info | Five Lor Peang villagers provisionally released prior to trial

29 August 2014

Today at around 4pm, five Lor Peang community members who were arrested and detained in the last month have been provisionally released by the Investigating Judge of Kampong Chhnang Provincial Court. Three of the villagers were arrested during a 60km-long peaceful march from Kampong Chhnang province to Phnom Penh. The march was undertaken to call for a resolution to a long-standing land dispute between the villagers and K.D.C Company, while also calling for the release of two community members, arrested weeks earlier.

All five members have been released under judicial supervision with three conditions: 1. That they appear before the court when summonsed; 2. That they do not change residence without informing the court; and 3. That they present themselves to their local police station every month.

The release follows repeated attempts by the Lor Peang community to submit petitions to various government institutions over their conflict with K.D.C Company.

Statement | LICADHO Condemns the Violent Crackdown of a Peaceful March by Lor Peang Villagers

12 August 2014audio available

LICADHO condemns the violent dispersal of more than 50 villagers from Lor Peang community who had begun their 60km-long peaceful march from Kampong Chhnang province to Phnom Penh, calling for a resolution to their long-standing land dispute. Amid the violent dispersal, three villagers – including the husband of the main Lor Peang community representative Um Sophy – were arrested and sent to the provincial court.

Statement | Abuse of the Court to Suit Political Agenda Must Cease and Charges against CNRP Members Should be Dropped

7 August 2014audio available

We, the undersigned organizations, condemn the flagrant abuse of the Cambodian legal system and the trumped up charges that have been used to manipulate the outcome of political negotiations between the Cambodia National Rescue Party (CNRP) and the Cambodian People’s Party (CPP), following the latest arrests of three CNRP youth members, and urges all charges to be dropped.

Statement | Seven Opposition MPs Detained Amid Ongoing Restrictions on Peaceful Assembly

18 July 2014audio available

The Cambodian government must release all seven Members of Parliament (MPs) and one official of Cambodia’s main opposition party, the Cambodia National Rescue Party (CNRP), and immediately lift the ban on public gatherings of more than 10 people, FIDH and its member organizations the Cambodian Human Rights and Development Association (ADHOC) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) said today.

Statement | Civil Society Groups Condemn Baseless Charges and Call for an End to Violence and Repression

17 July 2014audio available

We the undersigned civil society groups condemn the unfounded charges against seven Cambodia National Rescue Party (CNRP) MPs-elect and one CNRP grassroots leader. We call for their immediate and unconditional release and for all charges to be dropped.

All eight were arrested in connection with the violence of July 15 in Freedom Park and charged under Cambodia’s Criminal Code articles 28 and 218 (instigating aggravated, intentional violence), 495 (inciting others to commit a felony) and 459 (leading an insurrectional movement). The latter charge carries a sentence of up to 30 years’ imprisonment.

Livestream | The day after Freedom Park violence: Five MPs at Court

16 July 2014

After violent clashes between security guards and Cambodia National Rescue Party (CNRP) supporters at Freedom Park yesterday, 5 CNRP lawmakers-elect have been brought to the Phnom Penh Municipal Court for questioning. The court is heavily barricaded but CNRP supporters are gathering at the barricades. The CNRP are also holding a press conference this morning in response to yesterday’s events. Follow events as they unfold.

Flash Info | The Constitutional Council declares three laws on the judiciary compatible with the constitution.

4 July 2014

Today the Constitutional Council declared that three new laws on the judiciary, the Law on the Organization of the Courts, the Law on the Organization and Functioning of the Supreme Council of Magistracy, and the Statute of Judges and Prosecutors, are consistent with the Cambodian constitution and can therefore be promulgated, following approval by the King.

In a statement released last month, LICADHO urged the Constitutional Council to reject the laws as they are currently drafted on the grounds that they do not comply with the constitution: whilst the constitution protects the independence of the judiciary, the three laws will improperly legitimize and entrench government control over the courts and judges.

The laws were approved earlier this year by the National Assembly and the Senate. No public consultations were carried out on the draft laws and as a result of the almost year-long boycott of the National Assembly by opposition party members, they have been subjected to no proper legislative scrutiny.

Statement | Unconstitutional Draft Laws on the Judiciary should be Rejected

15 June 2014audio available

On the anniversary of Cambodia’s Constitutional Council, LICADHO urges the Council to reject the three new laws affecting the judiciary in their current form. The Cambodian Constitution mandates that “Judicial power shall be an independent power,” and necessary implementing legislation has long been called for to strengthen the rule of law. However, passage of these laws in their current form will codify and indefinitely prolong the lack of independence currently undermining the Cambodian justice system.

Statement | Phnom Penh Court orders Conviction with Suspended Sentences for 25 Workers and Activists

30 May 2014audio available

We the undersigned civil society groups welcome the decision this morning of the Phnom Penh Municipal Court to suspend the sentences of the 23 men and two minors arrested on November 12 2013 and January 2 and 3 2014, thereby releasing the remaining 22 detainees. However, we express our extreme disappointment at the convictions of all 25 and the heavy fines imposed on some of them, following what was to all independent observers a deeply flawed trial process.

Flash Info | FreeThe23 and Stung Meanchey verdicts: all convicted with sentences suspended

30 May 2014

This morning, the 25 arrested on January 2 and 3, and November 12, were convicted of a variety of charges with sentences of differing lengths but all sentences were suspended. Vorn Pao (President of Independent Democracy of Informal Economy Association) was sentenced to 4.5 years, Theng Savoeun (Coordinator of Coalition of Cambodian Farmer Community) 4 years, Chan Puthisak (community leader from Boeung Kak Lake) 4.5 years, and Sokun Sambath Piseth (staff member at Center for Labor Rights of Cambodia) 4.5 years. Lawyers are currently working to secure their release as soon as possible.

The trials at Phnom Penh Municipal Court started on April 25 and took place over five non-consecutive days with the case of the 10 men arrested at the Yak Jin factory finally coming to an end just after 8pm on May 22. On all the trial days supporters of the 25 were prevented from gathering in front of the court by roadblocks and a heavy police presence.

The 25 were all arrested during violent suppression of worker protests by the authorities. As of today, no member of the police or armed forces has been prosecuted for the use of live ammunition against unarmed civilians, which resulted in at least four deaths and the hospitalization of 38 on January 2-3 2014, and one death and the hospitalization of 9 on November 12, 2013.

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