LIBRARY

5 October 2018

Cambodia’s new repressive lèse majesté law was used for the first time yesterday to convict a former opposition party official who was handed a one year sentence.

Ban Somphy, a 70-year-old barber and former district leader of the Cambodia National Rescue Party (CNRP), was detained on 20 May 2018. He was accused of sharing a Facebook post allegedly criticising King Norodom Sihamoni which included a picture of Prime Minister Hun Sen and his wife and a video of angry villagers affected by flooding.

He was sentenced by Siem Reap provincial court under Criminal Code article 437 bis which was amended by the National Assembly in February amid strong opposition from civil society groups who warned that it would be used to silence government critics.

1 October 2018

At least two communities have been prevented from celebrating the United Nations’ World Habitat Day by Cambodian authorities and others have cancelled events out of fear of reprisals.

More than 2,000 people in at least 30 communities nationwide have planned events to raise awareness of this year’s theme – “municipal solid waste management” – as well as the annual theme: the right to housing. Activities are taking place between 28 September and 5 October 2018, many of them in communities affected by land grabbing and forced evictions or threatened by new developments.

According to the UN, World Habitat Day (WHD) is an opportunity to “reflect on the state of our towns and cities, and on the basic right of all to adequate shelter”.

1 October 2018

A defamation conviction against former human rights worker Ny Chakrya was rejected and referred back to the Appeal Court for re-trial this morning due to insufficient evidence. The case marks the first use of a repressive penal code article criminalising criticism of judicial decisions.

The former Cambodian Human Rights and Development Association (ADHOC) staffer – and current Deputy Secretary-General of the National Election Committee – was convicted to six months in prison and fined six million riel (US$1,500) by Phnom Penh Municipal Court on 22 September 2016. He was found guilty of defamation, malicious denunciation and unlawfully coercing judicial authorities (Articles 305, 311 and 522 of the Cambodian Criminal Code).

Chakrya was charged following a complaint by an investigating judge and a deputy prosecutor at Siem Reap Provincial Court over comments he allegedly made at two ADHOC press conferences in May 2015 regarding a land dispute case and the jailing of two victims of land rights violations.

26 September 2018

We, the undersigned communities and civil society groups, condemn today’s conviction of four human rights defenders from the Cambodian Human Rights and Development Association (ADHOC) and a National Election Committee (NEC) official, in relation to a former opposition leader’s alleged affair.

On 26 September 2018, senior ADHOC staff members – Ny Sokha, Nay Vanda, Lim Mony and Yi Soksan – were convicted of “bribery of a witness” under Article 548 of the Criminal Code. NEC official and former ADHOC staff member Ny Chakrya was found guilty as an accomplice under Articles 29 and 548 of the Criminal Code. They have been sentenced to five years of imprisonment by the Phnom Penh Municipal Court, with their pre-trial detention period of 427 days considered time-served and the remainder suspended.

26 September 2018

Four staffers from the Cambodian Human Rights and Development Association (ADHOC) and a National Election Committee (NEC) official were convicted today at Phnom Penh Municipal Court on bribery charges linked to a case against former opposition leader Kem Sokha.

The four ADHOC staffers – Lim Mony, Ny Sokha, Yi Soksan and Nay Vanda – and NEC official Ny Chakrya, were handed five year suspended sentences by a panel of three judges. The time already served by the five during their pre-trial detention was included in the sentencing and the remaining time was suspended, meaning they will not return to prison.

26 September 2018

Ny Chakrya, a former human rights worker, was tried by the Supreme Court this morning on charges of defamation, malicious denunciation and for comments intended to unlawfully coerce judicial authorities.

The former Cambodian Human Rights and Development Association (ADHOC) staffer and current Deputy Secretary-General of the National Election Committee was convicted by Phnom Penh Municipal Court on 22 September 2016, under Articles 305, 311 and 522 of the Cambodian Criminal Code following a complaint by an investigating judge and a deputy prosecutor at Siem Reap Provincial Court.

The complaint referred to alleged comments he made at a two ADHOC press conferences in May 2015 calling for an investigation into legal irregularities around the handling of a land dispute and for the release of two jailed victims of land rights violations.

18 September 2018

Four human rights workers and a national election official faced trial today at Phnom Penh Municipal Court on bribery charges linked to a case against former opposition leader Kem Sokha.

Cambodian Human Rights and Development Association (ADHOC) staffers – Lim Mony, Ny Sokha, Yi Soksan and Nay Vanda – and National Election Committee (NEC) official Ny Chakrya were questioned about their dealings with Khom Chandaraty.

Chandaraty, the plaintiff and key witness in the trial, was not present in court and statements were read out for just two out of seven other absent witnesses which made cross-examination impossible. No credible evidence was presented by the prosecution.

17 September 2018

Police in Svay Rieng shut down a workshop on chicken farming held by a national farmers’ association on Monday morning claiming that it had not been approved by local authorities.

The Coalition of Cambodian Farmer Community (CCFC) had organised the training workshop on ecological chicken-raising for 30 families in Romeas Hek district and said it had correctly informed commune and village authorities.

Local authorities have shut down about a dozen gatherings organised by the CCFC over the last year, including training workshops, a community development forum and an International Womens’ Day celebration, claiming the group had failed to obtain permission. It was the second time a chicken-raising workshop was shut down in Romeas Hek district.

10 September 2018

Former opposition leader Kem Sokha – who has been imprisoned without trial for over a year– was released under judicial supervision this morning and put under effective house arrest.

The court order signed by Investigating Judge Ky Rithy released Sokha on bail but stipulated that he could not leave the immediate vicinity of his address in Phnom Penh. Other strict and unprecedented restrictions were also imposed.

The 65-year old leader of the disbanded Cambodia National Rescue Party (CNRP) is banned from meeting former CNRP members, anyone involved in his case, or any foreign nationals and cannot engage in any political activity.

31 August 2018

Australian filmmaker James Ricketson was found guilty of espionage by Phnom Penh Municipal Court this morning and sentenced to six years in jail.

Despite a lengthy seven-day trial, no credible evidence of spying was produced. The evidence and testimonies also did not show which country he was accused of spying for, although this question was raised by the defence.

The 69 year old was arrested in Phnom Penh in June 2017, shortly after he flew a drone over an opposition party election rally.

24 August 2018

This morning Boeung Kak Lake activist Tep Vanny and five other members of the community were found guilty of making a “death threat” against a former community member. They were each given six-month suspended sentences. Another charge of “public insult” was dropped by Phnom Penh Municipal Court.

The case was revived in late 2016, despite the plaintiff, Ly Mom, having dropped her March 2012 complaint in October 2016.

The trial of Tep Vanny, Nget Khun, Cheang Leap, Kong Chantha, Tol Sreypov and Heng Mom began in July 2017 but was suspended by the judge when prosecution witnesses failed to appear in court.

15 August 2018

Phnom Penh communities will hold a religious ceremony and candlelight vigil this evening in Boeung Kak to mark two years since the prominent land activist and human rights defender Tep Vanny was imprisoned.

Tep Vanny was arrested on 15 August 2016 and charged during a peaceful protest supporting five jailed human rights defenders. She was subsequently found guilty of “insulting a public official” and sentenced to six days in prison. While she was detained, three long dormant cases related to other peaceful protests were reactivated.

The single mother of two is currently serving a 30 month sentence. This evening's ceremony will mark her two years in jail and call for her release.

14 August 2018

Prominent land right activist Tep Vanny has been at the forefront of her community’s fight against forced evictions and rights violations in Phnom Penh’s Boeung Kak Lake neighbourhood. Her dogged determination has made her a powerful advocate for justice, not only for the upheaval faced by her own community but for all Cambodians.

Cambodian authorities shut down Vanny’s activism two years ago and have kept her behind bars since then on a series of trumped-up charges and convictions in trials devoid of any credible evidence. She is serving a two-and-a-half-year sentence at Phnom Penh’s infamous Prey Sar prison, also known as Correctional Center 2 (CC2).

14 August 2018

Land activist and human rights defender Tep Vanny has been unjustly detained for two years as of tomorrow, for defending the rights of the Boeung Kak Lake community and her fellow Cambodians. We, the undersigned communities and civil society organisations, condemn her ongoing imprisonment and call on the authorities to immediately and unconditionally release Tep Vanny, drop all dormant criminal charges and overturn any convictions against her, so that she may return to her family and community.

Tep Vanny has fought tirelessly to protect the rights of members of her community following their forced eviction from their homes on Boeung Kak Lake, Phnom Penh, but also those of fellow human rights defenders campaigning for separate causes. As long as she is behind bars, Tep Vanny is prevented from carrying out her peaceful and valuable work.

13 July 2018

This morning, the Supreme Court upheld the convictions of Sun Mala, Try Sovikea and Sim Samnang, three former activists with the now-disbanded environmental NGO Mother Nature. The activists were arrested almost three years ago, on 17 August 2015, amid a campaign calling for an end to allegedly unlawful and destructive sand dredging in Koh Kong.

The activists originally stood trial in Koh Kong as perpetrators charged under Article 424 of the Criminal Code for allegedly threatening to cause destruction, defacement or damage to property. But the trial judge altered the charges at the last minute to convict them as masterminds behind the offence, a verdict later upheld by the Court of Appeal. The Supreme Court hearing last Friday further violated fair trial rights, as the burden of proof was reversed and no evidence was presented by the prosecution.

The Supreme Court’s decision upholds their 18 month sentence, around eight of which are suspended. This puts the three activists at risk of re-imprisonment for the remainder of their sentences, if they are convicted of any other offence in the next five years. They were also ordered to pay 100 million riel ($25,000) compensation and a two million riel ($500) fine. Under Cambodian law, failure to pay fines and compensation can result in further imprisonment.

27 June 2018

This morning, around 200 villagers representing 317 families affected by land disputes related to sugar land concessions in Chi Kha Leu, Chi Kha Kraom, Dang Peng and Kandoul communes, Koh Kong province marched through Phnom Penh to demand land and compensation. They are currently being blocked by security forces on Sihanouk Boulevard.

Yesterday, the villagers were forced to walk part of the way from Koh Kong to Phnom Penh after being blocked by police and military police led by the Koh Kong deputy governor. They arrived at the Ministry of Land Management, Urban Planning and Construction (MLMUPC) yesterday evening, when community representatives met with representatives from the ministry before walking to Samaki Raingsey pagoda where they stayed overnight.

This is the third time that the villagers have been blocked in their efforts to reach the ministry. On 5 June, members of the communities had their vans stopped in Koh Kong by police and were forced to walk for hours through heavy rain towards the capital. On this occasion, after protesting in front of the Ministry of Land, officials promised some families monetary compensation and land by 20 June 2018. Last month, around 200 people from these communities were blocked and violently shoved by security forces in Phnom Penh as they attempted to walk from Samakki Raingsey pagoda to the MLMUPC. Many villagers were carrying babies and small children.

8 June 2018

We, the undersigned civil society groups, express grave concern regarding the latest government decision to heighten state surveillance, censorship and criminalisation of online expression in Cambodia, in contravention of constitutional and international human rights guarantees. On 28 May 2018, the Ministry of Interior, Ministry of Information and Ministry of Posts and Telecommunications issued an inter-ministerial prakas on website and social media control which became public this week.

This ministerial order threatens the privacy rights and freedom of expression of every single internet and social media user in Cambodia and further diminishes the limited space left for public debate following months of attacks on media freedoms.

5 June 2018

(Updated 14.00 following land ministry meeting)

Despite attempts to prevent them travelling to Phnom Penh, more than 200 villagers from Koh Kong communities seeking compensation for a decade-old land grab rallied outside the Ministry of Land Management, Urban Planning and Construction early on Tuesday morning.

They were met by Koh Kong deputy governor Orn Pheareak who asked them to return to their province to discuss a solution. Community representatives also met land ministry officials and were given a letter pledging to measure land for 585 families by 20 June 2018.

4 June 2018

Police have attempted to block about 300 villagers from Koh Kong province from travelling to Phnom Penh to demand compensation for a decade-old land grab. The police, led by a District Deputy Governor, stopped the communities’ buses in Sre Ambel district early on Monday morning.

Instead the community groups set out on foot, determined to make the 150 km trip to the capital. Along the way, they have encountered military police forces and have been pressured by authorities to return to their province.

The communities from Chi Kha Leu, Chi Kha Kraom, Dang Peng and Kandoul communes have petitioned the ministry and provincial authorities for over a decade for compensation for land they lost to two Economic Land Concessions linked to the Thai sugar company KSL and ruling party Senator Ly Yong Phat.

31 May 2018

Former Radio Free Asia (RFA) journalists Yeang Sothearin and Uon Chhin were interviewed by an investigating judge at Phnom Penh Municipal Court today on charges brought under the Law on Suppression of Human Trafficking and Sexual Exploitation.

The two men worked for RFA until the media outlet shut its Phnom Penh Bureau in September 2017, citing government repression and the forced closure of its FM radio broadcasts as part of an ongoing crackdown on critical media.

They were arrested and detained on 14 November 2017. Four days later they were charged with treason and sent to pre-trial detention in Phnom Penh's chronically overcrowded Correctional Centre 1 (CC1). The trafficking charges, which are part of a second separate case against the pair, were added later.