LIBRARY

6 March 2013

After a full day of testimony and arguments, the Prosecutor began his closing statement today by requesting that secession-related charges against Mam Sonando be changed. According to the Prosecutor, Sonando should be convicted of instigating the crimes of obstruction and interference with local officials, under articles 28, 504 and 609 of the Penal Code. The Prosecutor also asked to add a forestry crime -- the unlawful clearing of forest land -- under article 97.6 of the Forestry Law. The charges against the other two appellants, Touch Ream and Kann Sovann, remained the same. One witness's testimony was, however, abruptly halted when he repeatedly stated that he had mistakenly identified Sovann as being present at an incident that was the basis for the accusations against him. The witness stated that none of the three appellants had been at the incident in question.

The Appeals Court will announce its decision on March 14, 2013 at 8 am.

5 March 2013

On the morning of March 5, 2013, the Appeals Court opened a hearing to review the verdict against independent radio owner Mam Sonando and two co-defendants, Touch Ream and Kan Sovann. The court was standing room only for the proceeding, with around 55 people, including numerous international observers, in attendance. The hearing follows the September 2012 trial in Phnom Penh’s lower court which resulted in a widely condemned 20-year-long prison sentence for 72-year-old Sonando. No evidence of Sonando’s involvement in an alleged “secession” in Kratie province was presented during the trial, nor was there any evidence that a secession movement even existed.

The hearing is expected to end tomorrow.

4 March 2013

This afternoon, the Appeals Court's Investigation Chamber charged ex-Bavet town governor Chhouk Bandith with causing involuntary bodily harm under article 236 of the Penal Code, and sent the case file back to the Svay Rieng court for trial. The Appeals Court apparently did not consider a more serious accusation than the one originally submitted against Bandith to loud public outcry. This decision follows a two-day long closed hearing in which Bandith admitted to shooting his weapon during the worker's protest that resulted in serious gun shot injuries to three women, but denied knowing where the bullets went. A key witness who testified during the hearing, a commune police deputy chief, said that he believed Bandith was the shooter, as he saw Bandith pointing his handgun at workers seconds after the shooting. No evidence has been reported related to potential alternate shooters.

The Appeals Court did not order pre-trial detention for Bandith. The charge carries a prison sentence of six months to two years.

1 March 2013

The appeal hearing for former Bavet city governor Chhouk Bandith, which began on Feb. 27, concluded yesterday after a full day of testimony from witnesses. The hearing was called to determine whether to reopen criminal charges against Bandith for allegedly shooting three protesting garment workers in February 2012. Charges against Bandith were dropped in December.

During the hearing, Bandith reportedly acknowledged firing his gun, while police witnesses reportedly testified that Bandith brandished a gun at the protest and fired shots. One key witness -- a commune deputy police chief -- said that he believed Bandith was the shooter.

The court will announce its decision on March 4.

27 February 2013

Former Bavet city governor Chhouk Bandith appeared at the Court of Appeals in Phnom Penh today for a hearing examining an investigating judge’s decision in December to drop criminal charges against him.

The former governor was accused of firing his gun during a demonstration by garment workers in February 2012. Three workers -- whose factory supplies Puma, among others -- were injured by gunfire. Bandith actually admitted firing his gun, and was originally charged in the case, but the charges were inexplicably dropped in December.

The hearing was closed to the public, but outside the court, a group of union members, workers and other supporters gathered to call on the court to reinstate the charges.

26 February 2013

Today is Yorm Bopha’s 176th day in Correctional Center 2, a prison on the outskirts of Phnom Penh.

Bopha is a human rights defender from the Boeung Kak community who played an active role in the movement calling for the release of the Boeung Kak 13, a group of women who were imprisoned in May 2012 for defending their land rights. The 13 were released on June 27, but Bopha was arrested on Sept. 4, 2012, and accused of beating of a man in Boeung Kak. Though she maintains her innocence, Bopha was convicted on Dec. 26, 2012, and sentenced to three years in prison.

Since Bopha’s arrest, Boeung Kak residents and other supporters have staged approximately a dozen major protests calling for her release. This photo album documents some of these events.

18 February 2013

The human rights situation in Cambodia began 2012 teetering on the edge of a precipice, and by the end of the year had fallen off the cliff, according to a new report from LICADHO.

The past year was the most violent year ever documented in terms of the authorities using lethal force against activists, according to the report, “Human Rights 2012: The Year in Review.” The year also saw four deaths related to conflicts over natural resources, a growing atmosphere of fear and intimidation and the mass arrests of activists.

14 February 2013

Authorities continue to resort to the judicial system to silence those who assert their rights or question entrenched interests. Throughout 2012, court summonses and the threat of arrest were increasingly used to intimidate human rights defenders.

18 January 2013

We, the undersigned members of civil society, international labor support organizations and trade unions express our extreme discontent that Kingsland factory owners have failed to attend conciliation regarding outstanding payments of almost S$200,000 owed to Kingsland employees.

We further express our extreme dissatisfaction with the Ministry of Labor’s decision made on January 16, 2013, not to send the case to the Arbitration Council.

27 December 2012

The Phnom Penh Municipal Court convicted Yorm Bopha on a trumped up charge and sentenced her to three years’ imprisonment. The charges against her and three other defendants were purportedly in connection with the beating of a suspected thief, but the real case against her is crystal clear – she, and the rest of the Boeung Kak community land activists are thorns in the side of the authorities, and they need to be silenced.

27 December 2012

We, the undersigned organizations, condemn in the strongest terms the unexpected decision by Appeals Court Judges Chhoun Sunleng, Seng Sivutha and Khoun Leang Meng to uphold the Phnom Penh court’s grossly unfair verdict against Born Samnang and Sok Sam Oeun. The two were arrested by Ministry of Interior police officers in the hearing room and sent back to jail earlier this morning.

The pair, widely believed to have been framed as scapegoats for the 2004 killing of unionist Chea Vichea, had been freed in December 2008 by a courageous Supreme Court, in a decision which ordered further investigation into the killing amid extensive evidence of their innocence.

20 December 2012

At 2 p.m. on December 26, the Phnom Penh Municipal Court will hold trials for two human rights defenders involved in high-profile land disputes: Yorm Bopha, from the Boeung Kak community, and Tim Sakmony, from Borei Keila. The women have been in prison for over 100 days, and were recently designated Prisoners of Conscience by Amnesty International.

In anticipation of the trial, the Free the 15 coalition has produced short biographies of each woman, which detail their personal stories and their legal battles.

13 December 2012

Earlier this morning, the Appeals Court denied independent radio station owner Mam Sonando's request for release pending his appeal. Sonando, 71, was convicted earlier this year on multiple counts related to purportedly inciting an insurrectionist movement. The charges were widely decried as baseless and politically motivated. Although no credible evidence was presented in the trial court, he was sentenced to 20 years in prison. Since then, a growing number of voices - including the European Parliament and Unites States President Barack Obama - have openly called for his release.

9 December 2012

The climate for human rights defenders (HRDs) in Cambodia has soured dramatically since LICADHO's last HRD report in 2009, creating the country's worst human rights environment in more than a decade. Violence against activists is on the rise, key HRDs have been killed with impunity, and the courts have lost even the faintest semblance of impartiality.

The year 2012 has been particularly bad.

22 October 2012

Timber Green employee Ran Boroath was sentenced to two years in prison today for allegedly killing the military police officer that the government claims killed environmental activist Chut Wutty.

Three-quarters of the sentence was suspended, however, and Ran Boroath is due to be released from prison within the next two weeks.

1 October 2012

We, the undersigned civil society organizations, condemn the Phnom Penh Municipal Court’s shocking conviction of independent radio station owner Mam Sonando today, and the draconian 20-year sentence that he received. At age 70, Sonando is likely to die in prison if he serves his full term.

Sonando, the owner of Beehive radio, was arrested on July 12 on charges that he masterminded a so-called “secessionist movement” in Kratie. Several co-defendants were charged with organizing the movement on the ground. They were all convicted as well, though two of the previously identified “ringleaders” had their sentences suspended, echoing the Prime Minister’s public statement that those who confess would be spared punishment.

6 September 2012

In the past three days, the Phnom Penh Municipal Court has ordered the unjustified pre-trial detention of two female land rights advocates in unrelated cases. These two incidents are the latest in a long string of incidents in which the courts have been wielded as a weapon to silence victimized communities.

The two arrested activists have long been struggling to advocate on behalf of powerless residents involved in land disputes with some of Cambodia’s most well-connected and powerful business tycoons.

30 August 2012

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.

15 August 2012

We, the undersigned civil society groups, deeply regret the Phnom Penh Municipal Court’s decision to pursue politically-motivated charges against outspoken human rights worker Chan Soveth for legitimate actions related to his work.

23 July 2012

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.