LIBRARY

Judiciary/Rule of Law

Statement | Cambodia’s Supreme Court Declares Two scapegoats of Union Leader’s Murder Not Guilty

25 September 2013audio available

We, the undersigned organisations, welcome the long overdue decision made by the Supreme Court this afternoon to free Born Samnang and Sok Sam Oeun and drop all charges against them .

Video | Boeung Kak Activist Yorm Bopha - A Year in Jail

4 September 2013audio available

Today marks one year of detention since the arrest of Boeung Kak activist and prisoner of conscience Yorm Bopha. This video tells her story, from her strong stance in support of detained community members to her arrest and groundless conviction.

Statement | A Symbol of Peace Turned Inside Out: Two Students Entrapped

19 August 2013audio available

The Cambodian Community Legal Education Center (CLEC) and Cambodian League for the Promotion & Defense of Human Rights (LICADHO) call on the authorities to drop all charges against students Tut Chanpanha and Sok Dalis. We similarly call for charges against small shop owner Lim Lypaeung and Hiv Borin to be dropped.

Statement | Ex-Governor’s Slap on Wrist for Shooting a Stark Contrast to Harsh Penalties for Human Rights Defenders

25 June 2013audio available

Cambodian Community Legal Education Center (CLEC) and Cambodian League for the Promotion & Defense of Human Rights (LICADHO) welcome the conviction of former Bavet governor Chhouk Bandith for shooting three garment workers last year, but condemn the light sentence – one-and-a-half years in prison – for actions that amounted an attempted triple-homicide.

The sentence is little more than a slap on the wrist, and is emblematic of Cambodia’s pervasive culture of impunity for the well-connected elite.

Statement | Cambodia’s Legislature Dismantled on the Eve of the National Elections

10 June 2013audio available

Cambodia’s National Assembly – its key legislative organ – has been thrust into a Constitutional crisis less than two months before the country’s national elections. Last week, the National Assembly’s Permanent Committee, which is comprised entirely of ruling Cambodia People’s Party members, stripped all 29 opposition party members of their parliamentary status. Because this expulsion took place within 6 months of a national election, the seats left empty by the purged parliamentarians were effectively terminated and will remain so under until after the election.

Briefing Paper | In Absentia 2013: An Update on Inmate Transportation and the Right to Appeal

30 May 2013

In 2010 and 2012, LICADHO reported on Cambodia’s widespread problem of in absentia appeals hearings. Due to Cambodia’s minimal inmate transportation system, hundreds – if not thousands – of prisoners were being systematically refused the right to attend their criminal appeals. Cambodian law requires the presence of the accused at appeal hearings.

After years of delays, prison authorities have finally begun transporting provincial prisoners to their appeals hearings in Phnom Penh, but the failure to offer return transport is threatening to undermine progress.

Video | Free Boeung Kak Activist Yorm Bopha

22 May 2013audio available

This year's Mothers Day coincided with the 250th day of imprisonment Yorm Bopha, a key Boeung Kak lake representative. The video highlight some of her activism and call for her release.

Flash Info | Trial of Former Bavet Governor Chhouk Bandith Delayed

21 May 2013

Earlier today, former Bavet Governor Chhouk Bandith - accused of shooting three female factory workers during a factory strike last year - failed to appear to his trial in Svay Rieng province. Following a request by his lawyer, the Svay Rieng court agreed to delay the trial to June 12 in order to "respect the rights of the accused" and insure his presence at the trial. About 60 representatives from unions, NGOs and the united nations were present during today's proceedings.

Bandith has admitted to firing his gun, and a police witness saw him pointing the gun at the crowd. Despite this, Bandith remains a free man.

The new court date is June 12 at 8 a.m., also in Svay Rieng.

Document | Open Letter to Heads of Corporate Social Responsibility of Puma and Others

20 May 2013

We write to you to demand justice for Cambodian garment workers Ms. Bun Chenda, Ms. Keo Nea and Ms. Nuth Sakhorn.

On 20 February 2012, an unidentified male approached a group of around 6,000 workers in Manhattan Special Economic Zone (MSEZ). They were protesting the poverty wages and exploitation that epitomize the Cambodian garment industry. That man shot three young women aged 18 to 23 for requesting a pay increase of 50 cents per day. During the shooting the police did not assist the victims. It was fellow workers who aided them onto motorbikes to be taken to the hospital. Police officers aided the shooter’s escape by running alongside him to a neighbouring factory.

We watched as one of those young women, Ms. Bun Chenda, 21, struggled for her life at Calmette Hospital whilst money was thrown at her to buy her silence.

Signed by 43 NGOs from around the world.

Statement | An Open Letter to International Garment Brands Sourcing from Cambodia

1 May 2013audio available

On this International Labor Day, we, the undersigned civil society groups call upon all international garment brands sourcing from Cambodia to publicly denounce two recent baseless judicial decisions related to the garment sector. The first is the recent imprisonment of Born Samnang and Sok Sam Oeun. The two men were scapegoated and wrongly convicted in the 2004 murder of labor leader Chea Vichea. The second is the government’s failure to appropriately prosecute Chhouk Bandith, a well-connected former town governor who shot and severely injured three female garment factory workers.

Briefing | The Yorm Bopha Case

23 April 2013

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.

Statement | Denial of Release Pending Appeal Highlights Political Interference in the Cambodian Court System

27 March 2013audio available

LICADHO, Sahmakum Teang Tnaut (STT), Equitable Cambodia (EC), and Community Legal Education Centre (CLEC) express their deep disappointment at the Supreme Court’s failure to release Boeung Kak land rights activist Yorm Bopha on bail. Bopha’s request was heard this morning by the Supreme Court, while some 100 community activists from Boeung Kak and other communities under threat of eviction rallied outside. Bopha’s young son and her husband Lous Sakorn were also among the crowd.

Statement | Appeal Court Orders Release of Mam Sonando, Kan Sovann and Touch Ream

14 March 2013audio available

We, the undersigned civil society groups, welcome the Court of Appeal’s long-overdue decision today to release independent radio station owner Mam Sonando and his two co-appellants, Touch Ream and Kan Sovann, but caution that a long road remains to rehabilitate Cambodia’s democracy ahead of National Assembly elections in July.

Flash Info | Mam Sonando's Appeal Concludes with Request for Change in Charges

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.

Flash Info | Another high profile case reaches Appeals Court; Mam Sonando’s hearing to continue tomorrow

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.

Flash Info | Appeals Court Cements Lesser Charge Against Bandith, Orders Trial

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.

Flash Info | Appeals Court Concludes Hearing for Former Bavet Governor; Verdict due March 4

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.

Flash Info | Appeals Court Hears Case for Reinstating Charges against Former Bavet Governor

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.

Media Album | The Yorm Bopha Protests: 176 Days of Solidarity in Cambodia

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.

Report | Human Rights 2012, The Year in Review

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.

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