LIBRARY

27 February 2024

The Phnom Penh Appeal Court this morning upheld a lower court verdict finding Candlelight Vice President Thach Setha guilty of incitement, which imposed the maximum sentence of three years in prison as well as a fine of 4 million riel (about US$1,000). Setha was convicted on the basis of a speech he gave to supporters of the former Cambodia National Rescue Party (CNRP) during a visit to South Korea on 8 January 2023.

Setha was convicted by the Phnom Penh Capital Court on 18 October 2023 of incitement to commit a felony and incitement to discriminate under Articles 494, 495 and 496 of the Criminal Code. This is the second instance in which convictions against Setha were upheld by the Appeal Court in recent months. In January 2024, the Phnom Penh Appeal Court upheld the finding of guilt on a different charge of irregular financial payments, as well as the sentence of 18 months in prison plus fines and compensation. Setha has been in detention for 407 days, since his arrest in January 2023 regarding the charge of irregular financial payments.

26 February 2024

The Supreme Court this morning overturned the convictions of two land activists from the Boeung Kak Lake Community. The activists, 83-year-old Nget Khun (also known as Yeay Mommy) and 58-year-old Cheang Leap, had been convicted by two lower courts of making death threats in March 2012.

Members of Phnom Penh’s Boeung Kak Lake Community faced a prolonged dispute after the government leased the lake to a private company in 2007. Community members were routinely imprisoned and convicted for defending their homes and speaking out against the forced evictions.

The charges related to an incident in which papers printed with death threats against former community member Ly Mom were found scattered outside her home. Ly Mom filed complaints against six Boeung Kak Lake Community members, including Khun and Leap. The six women maintained that they were not responsible for the threats.

22 February 2024

The Phnom Penh Appeal Court this morning upheld the 2021 decision of the Kampong Chhnang Provincial Court convicting three Lor Peang Community members of “obstruction of public official” and “intentionally causing damage” as part of a long-running land conflict. The three community members are Nhem Nhuen (also known as Snguon Nhuen), Reach Seima and Pul Sorn.

Lor Peang Community has resisted community members’ land being encroached by KDC International, a company owned by Chea Kheng, the wife of former Minister of Mines and Energy Suy Sem. The charges stem from an incident in 2013, when KDC International began establishing borders over the disputed land in Kampong Chhnang province. Members of Lor Peang Community arrived at the site to protest, during which a temporary security guard hut was destroyed.

Almost eight years later, the provincial court convicted the three Lor Peang Community members under Articles 503 and 410 of the Criminal Code. All received suspended sentences of 2 years and 6 months and were ordered to pay compensation of 2.8 million riel (approximately US$700), a decision that was today upheld by the Appeal Court.

16 February 2024

The Tbong Khmum Appeal Court yesterday suspended a two-year prison sentence given to four Srae Prang Community members, who were accused of intentional damage for blocking a private company from clearing their land.

The four community members are part of group of nine defendants who are alleged to have blocked machinery belonging to Harmony Win Investment Co. Ltd. from clearing their land in 2017 and 2020. They were convicted of intentional damage and sentenced to two years in prison in 2021 by a provincial court. The Tbong Khmum Appeal Court upheld the verdict in 2022, but the Supreme Court sent the case back to the appeal court in August 2023.

On Thursday 15 February 2024, the appeal court upheld the sentences of the four community members and suspended their two-year prison sentences. The community members are Chhork Chhey, Khem Sokcheang, Pum Pich and Veun Ver.

15 February 2024

The Battambang Appeal Court today upheld the three-year prison sentence of social activist Kong Saron, who was arrested in July 2023 for political opinions he expressed during a Facebook livestream.

Saron was first taken into custody on 2 July 2023 for comments he published in a video on Facebook during the 2023 National Election campaign period. Saron was released shortly after issuing an apology. However, he was convicted by the Banteay Meanchey Provincial Court on 22 November for incitement to commit a felony, public insult and insulting the king and sentenced to three years. He was arrested on 25 November and imprisoned.

The Battambang Appeal Court upheld Saron’s conviction on Thursday, and he will remain in prison to serve his sentence pending his last appeal.

7 February 2024

On 7 February 2024, provincial courts convicted two well-known activists in separate cases, continuing the trend of judicial harassment against human rights advocates in Cambodia.

The Ratanakiri Provincial Court earlier today announced its verdict convicting environmental activist Chhorn Phalla of defamation, insult and incitement to commit a felony under Articles 305, 502 and 495 of the Cambodian Criminal Code. The court sentenced Phalla to one year in prison and imposed a 10 million riel (around US$2,500) fine.

Phalla is an outspoken environmental activist who has been repeatedly prosecuted for his advocacy for the protection of natural resources and monitoring of deforestation. Phalla had been imprisoned since September 2021 for criminal charges arising from two other separate cases. Both cases were also based on his activism. Phalla was finally released from prison in October 2023 after his convictions in the other two cases were overturned, only to be again convicted today.

1 February 2024

An ongoing crackdown on political opposition members intensified yesterday with two additional arrests of opposition members, as the government continues to jail political opponents ahead of the February Senate Elections.

Ma Chinda, head of the Candlelight Party’s youth movement in Phnom Penh’s Daun Penh district, was arrested on 31 January around the time of a scheduled Candlelight Party meeting in the capital. Hak Kosal, an opposition political activist, was also arrested that day. Kosal had submitted a list of election observers for the Senate Election on behalf of the Khmer Will Party (KWP) to the Phnom Penh Provincial Election Committee (PEC) just a day prior.

30 January 2024

The Phnom Penh Appeal Court this morning held the first trial hearing regarding Kem Sokha’s convictions of treason and conspiracy with a foreign power. Sokha is the former president of the dissolved opposition Cambodia National Rescue Party (CNRP). He was convicted and sentenced to 27 years in prison by the Municipal Court in March 2023, fewer than five months before Cambodia’s July National Election. Sokha was transferred to house arrest pending exhaustion of any appeals.

During the hearing, Sokha’s lawyers requested that the Appeal Court review the restrictive conditions of his bail. However, the judges declined to overturn the conditions of his supervision.

Prior to the hearing, authorities blocked roads surrounding the Appeal Court, preventing members of the public and the media from accessing the front of the court building. The hearing was attended by representatives from NGOs, embassies, and the United Nations. Representatives from a number of news outlets including Radio France Internationale (RFI), CamboJA, and Voice of America (VOA) were not admitted to the courtroom. Around 100 supporters gathered at the blocked road, while journalists and NGO representatives also waited at the barriers. Deployed mixed uniformed and plainclothes police officers and security guards took photographs and videos of individuals in the area.

22 January 2024

The Phnom Penh Appeal Court this afternoon upheld the conviction of Candlelight Vice President Thach Setha on the charge of irregular financial payments. Setha was returned to prison immediately after the decision was announced.

The Phnom Penh Municipal Court convicted Setha on 21 September 2023 of irregular financial payments under Article 231 of the Law on Negotiable Instruments and Payment Transactions. He was sentenced to 18 months in prison and ordered to pay a fine of 3 million riel (around US$750) as well as to pay the complainant, Rin Chhay Pawn Shop, the alleged outstanding debt of US$33,400 (around 133.6 million riel) and 5 million riel (around US$1,250) in compensation. This verdict was upheld in full today.

The charge followed a complaint which alleged that Setha had written five bad cheques in 2019 to repay an outstanding debt to Rin Chhay Pawn Shop. The debt was the subject of a previous civil case in which the Appeal Court had ruled in Setha’s favour.

16 January 2024

The acting head of Candlelight Party’s Phnom Penh operations was arrested on Monday and sent to court today after being accused of allegedly forging election-related documents by the Phnom Penh Municipal Court.

Khem Chanvannak was arrested by police on Monday while at his home with his family and held by police overnight. The municipal police released a statement on Tuesday saying he was being questioned for allegedly forging election documents on November 7, 2023.

Three plaintiffs allege that Chanvannak forged documents, thumbprints and signatures to add their names to Daun Penh district’s Phsar Thmei 3 commune candidate list without their consent. Political parties are expected to keep their candidate lists complete and can update them during the five years of a mandate.

15 January 2024

Hundreds of Siem Reap residents marched to the provincial hall this morning to submit a petition asking for intervention from the national government and UNESCO to stop newly enforced restrictions on buildings and repairs implemented by the APSARA Authority, the government agency which oversees the Angkor Archaeological Park.

Around 500 people from Puok district’s Khnat commune and Siem Reap city’s Tuek Vil commune marched with banners to Siem Reap Provincial Hall to submit a petition asking Prime Minister Hun Manet, former Prime Minister Hun Sen, and the United Nations agency UNESCO to stop APSARA from causing fear and preventing any new construction or renovations in Khnat commune, which the petition says is very far from the Angkor structure.

The residents were temporarily blocked by around 20 military police and Puok district governor Sin Chanthol, who wanted only 4 to 5 people to submit the petition, but villagers refused and continued their march to the provincial hall, reaching the hall’s main entrance with their banners. One of the banners held by a community member said, “We must not allow the Apsara Authority to continue to oppress our community.”

7 January 2024

Around 12 youth and environmental activists and a foreign national were taken into custody and questioned for several hours by local Phnom Penh and immigration authorities after peacefully advocating for the preservation of a coastal island in Koh Kong province.

The activists were exercising, holding banners and taking photographs on Phnom Penh riverside this morning while being monitored by non-uniformed security personnel. As they were leaving the area, Daun Penh district security guards forced them onto a truck and took them to the district office for questioning.

6 January 2024

Outspoken social commentator Ny Nak was sent to pre-trial detention by a Phnom Penh court this morning after being questioned on charges of incitement to discriminate and defamation on Friday.

Nak claimed the charges were filed due to a Facebook post in which he questioned the government’s decision to give away 91 hectares of land in Kampot province to an individual named Heng Sour. A local newspaper identified the land recipient as the current Minister of Labour Heng Sour, but that was later denied by the government. Nak is being held at Phnom Penh’s Correctional Center 1.

Nak said his arrest was due to a complaint filed by Sour over at least one of Nak’s social media posts, made on 17 December 2023, which asked, “What achievements has Heng Sour done for the Khmer nation, that the government gave him forest land as his personal property? RIP Khmer forests.”

3 January 2024

Around 100 people gathered at Solidarity House in Phnom Penh this afternoon to mark 10 years since the fatal violence that took place at the capital’s Veng Sreng Boulevard, when mixed government forces opened fire on striking workers, killing at least four and wounding 38. Khem Sophath, a child at the time, was shot and remains missing to this day.

The remembrance was attended by union, association and NGO leaders and members, and began with prayers by monks. Vorn Pao, president of the Independent Democracy of Informal Economy Association (IDEA), who was beaten and arrested in 2014 while observing a strike in front of the Yak Jin factory the day before the shootings, spoke at the event.

“The second of January was a tragic day… Before the police arrested us, they did not tell us about the charges and we could not meet with a lawyer. We were protesting for increasing the salary for the worker,” Pao said.

22 December 2023

The Supreme Court this morning denied bail to opposition leader Thach Setha. Setha will remain in detention while the appeal against his conviction of irregular financial payments is pending.

The Phnom Penh Municipal Court convicted Setha of irregular financial payments under Article 231 of the Law on Negotiable Instruments and Payment Transactions on 21 September. This followed a complaint by Rin Chhay Pawn Shop, which alleged Setha had written five bad cheques to repay a loan in 2019. The court sentenced Setha to one year and six months in prison and imposed a fine of 3 million riel (around US$750). Setha was also ordered to pay Rin Chhay Pawn Shop around 133.6 million riel (around US$33,400) — the amount of his outstanding debt — in addition to 5 million riel (around US$1,250) in compensation.

In a separate case on 18 October, the Phnom Penh Municipal Court convicted Setha of incitement to commit a felony and incitement to discriminate under Articles 494, 495 and 496 of the Criminal Code, for a speech that he made to supporters of the former Cambodia National Rescue Party (CNRP) early this year. The court imposed the maximum prison sentence of three years as well as a fine of 4 million riel (about US$1,000).

19 December 2023

The Preah Sihanouk Appeal Court this morning upheld the defamation convictions of two Koh Kong land activists, Phav Nheung and Seng Lin, under Article 305 of the Criminal Code. The court also dropped incitement charges under Articles 494 and 495 against them, partially upholding the decision of the Koh Kong Provincial Court from August.

Nheung and Lin were the target of a complaint launched by Chhay Vy, a former community representative whom the women had accused in 2019 of seizing land. The activists were each fined 4 million riel (approximately US$1,000) and ordered to pay 40 million riel (approximately $10,000) in compensation to Vy.

Both Nheung and Lin were jailed in pre-trial detention between 30 June and 6 October this year over the incitement charges, with Nheung detained alongside her infant son.

6 December 2023

Six police officers entered LICADHO’s office in Banteay Meanchey province this afternoon and arrested four people who were seeking legal advice on behalf of imprisoned political activist Kong Saron, who is being represented by LICADHO’s legal team.

The four individuals include Hang Treub, Kong Saron’s wife; Seng Chantha, their daughter; and two other people who had accompanied them to LICADHO’s office. All four were arrested about 10 minutes after arriving at the office, after Treub had visited her husband in prison earlier this morning.

LICADHO staff asked for relevant documents, which police did not provide, instead responding that they were “obeying orders.” The police officers also ordered LICADHO staff to delete photographs of their presence at the office.

30 November 2023

The Phnom Penh Appeal Court today upheld the convictions of Seam Pluk, co-founder of the Cambodia National Heart Party (CNHP), and three other opposition members and supporters (Nou Sitheary, Khoeun Virath and Touch Theung) on charges of forgery and use of forged documents under Articles 626, 627 and 628 of the Criminal Code. The Appeal Court’s decision was announced after the trial hearing, which took place this morning.

The Phnom Penh Municipal Court convicted Pluk and 12 other defendants, including the three others who appealed today, on 24 March 2023. As a result of today’s Appeal Court’s decision, Pluk remains sentenced to two years and six months in prison and ordered to pay a fine of of 5 million riel (around USD$1,250). The other three defendants remain sentenced to two years in prison and are ordered to pay the same fine.

10 November 2023

The Supreme Court this morning rejected the appeal of one Candlelight Party official and denied bail to another Candlelight official in two separate cases, leaving both behind bars.

The court rejected the appeal of Touch Theung, a province-level Candlelight Party chief who was convicted on charges of forgery and use of forged documents earlier this year. The Supreme Court also upheld an order of pre-trial detention for Chao Veasna, Poipet District President and Steering Committee member of the Candlelight Party, who is awaiting trial on charges of incitement. Both opposition officials were returned to prison after the hearing.

Theung, 74, was convicted of forgery and related charges along with 12 other defendants in March 2023. These convictions related to their support for the registration of a new opposition party, the Cambodia National Heart Party (CNHP), in late 2021. Theung was sentenced to two years in prison and fined 5 million riel (around USD $1,250).

19 October 2023

The Phnom Penh Appeal Court today upheld the convictions of eight current and former unionists from the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU).

Nine activists, including union President Chhim Sithar, were convicted of incitement under Articles 494 and 495 of the Criminal Code by the Phnom Penh Municipal Court in May 2023. Eight of the activists appealed the verdict. They included Sithar, who received the maximum sentence of two years in prison; Chhim Sokhorn, Hay Sopheap, Kleang Soben, Sun Srey Pich and Touch Sereymeas, who were sentenced to 18 months in prison; and Sok Narith and Ry Sovandy, who received one-year suspended sentences.

The Appeal Court trial started this morning. The court announced its verdict upholding the lower court’s judgment in full this afternoon after deliberating for 30 minutes. Sok Kongkea, who was also convicted by the Phnom Penh Municipal Court and received a suspended sentence, did not appeal the lower court’s verdict.