LIBRARY

15 February 2007

LICADHO condemns the decision of the Battambang provincial court this week to convict and sentence five community activists involved in a land dispute in Bavel district.

On February 13, the court convicted the five villagers, including a 78-year-old man, of using violence to infringe against the private property of others. No evidence was presented at the trial that the defendants had in fact used violence against anyone.

"This case is a sad example of how the law is misused to unfairly punish poor villagers who desperately need land, while the interests of rich or powerful people are protected," said LICADHO president Kek Galabru.

29 January 2007

January 28, 2007 marked three years - or 1,096 days - that Born Samnang and Sok Sam Oeun have spent in prison since their arrests for the assassination of prominent trade unionist Chea Vichea. One day in prison for an innocent man is too long; both men have spent the last three years in prison for a crime that there is considerable evidence they did not commit. To mark the anniversary of their arrests, Cambodian NGOs and trade unions launched a public campaign that will continue until their release from prison.

28 January 2007

On the three-year anniversary of the arrests of Born Samnang and Sok Sam Oeun, Cambodian NGOs and trade unions are today launching a continuous public campaign for their release from prison.

"The injustice suffered by these two men has gone on far too long. The courts must set them free, so that they can return to their families and their normal lives," said Thun Saray, President of ADHOC.

Despite extensive evidence of their innocence, Born Samnang and Sok Sam Oeun are serving 20-year prison sentences for the murder of prominent trade unionist Chea Vichea. Many individuals - including former King Norodom Sihanouk, Chea Vichea's family and the main eyewitness to the murder - have declared that they are innocent. The two men have been waiting for 18 months for the Court of Appeal to review their case.

25 January 2007

With the inclusion of the prohibition of the death penalty in the 1993 Constitution, the Kingdom of Cambodia basically restituted the legal situation that existed in April 1989, when the government of the State of Cambodia banned capital punishment at the constitutional level.

Beyond domestic abolition, successive coalition governments since 1993 failed to demonstrate genuine commitment toward further ensuring the permanent prohibition of capital punishment in Cambodia by acceding to Second Optional Protocol to the International Covenant on Civil and Political Rights. For more than a decade now, Cambodia has been firmly enlisted in the camp of the more than 30 abolitionist none-State Parties to the Second Optional Protocol.

25 January 2007

The August 1, 2005 trial and convictions of Born Samnang and Sok Sam Oeun for the murder of trade unionist Chea Vichea was marked by violations of fair trial rights and a lack of credible evidence. The following are some of the main issues raised by the trial that will be reviewed in this paper: 1/ Failure to hear prosecution witnesses in court, 2/ Lack of evidence, 3/ Undue reliance on confessions, etc.

The unofficial transcript is based on written notes taken during the trial; it is not verbatim and some parts of the trial were inaudible.

24 January 2007

Over the past few days, Cambodian Human Rights Action Committee (CHRAC), a coalition of 23 member NGOs, has learned from a source who wishes to remain anonymous that there have been disturbing developments in the progress of the rules committee and the future of the ECCC - including the possible pull-out of international senior officials should the Internal Rules not meet minimum international standards.

The lack of public information about this potential impasse underscores the need for more transparency in the rules drafting process, including NGO monitoring of committee meetings. At the very least, regular, detailed press briefings are necessary to keep the Cambodian people up-to-date on the cause of the latest delay in the court process. People are losing faith as the delays continue without explanation.

22 December 2006

The Cambodian Human Rights Action Committee (CHRAC), a Cambodian coalition of 23 NGO members, the Collective for Khmer Rouge Victims (CKRV) and the International Federation for Human Rights (FIDH) express their concern about the failure of the plenary session of the Extraordinary Chambers in the Courts of Cambodia (ECCC) to adopt their Internal Rules. Those Rules are required to start investigating and prosecuting those who bear the greatest responsibility in the Khmer Rouge crimes.

On 25 November 2006, after a one-week session, the national and international judicial officers of the Extraordinary Chambers announced that they did not reach an agreement on the Internal Rules, or even part of them, which would have allowed to start the investigation phase of the proceedings. They acknowledged, however, the importance of such rules, required to start investigations and prosecution.

9 December 2006

On Human Rights Day this year, we remind all governments that almost sixty years ago in 1948, world governments adopted the Universal Declaration on Human Rights, which articulated and codified the rights of all individuals, with the fundamental message that every person is born free and equal with inalienable human rights, simply because he or she is a human being.

Despite this universal recognition decades ago, people continue to suffer from the denial of basic rights throughout the world. We, as human rights defenders in Asia, are particularly concerned about the deteriorating state of human rights in the region, as well as disappearances, extrajudicial killings and persecution of human rights defenders, aggravated by the prevailing culture of impunity for human rights violators and renewed emphasis by Asian governments on "cultural specificities" to justify human rights violations.

17 November 2006

The Cambodian Human Rights Action Committee is pleased to note that the Draft Internal Rules for the ECCC ("Rules") include a number of very positive developments that can set a good example for Cambodian law generally. CHRAC welcomes the opportunity to give comments and believes that involving civil society in this historic process will only make the Extraordinary Chambers stronger.

CHRAC has nine main areas of concern regarding the ECCC Draft Internal Rules: 1/The additional power of the Pre-Trial Chamber, 2/The nature of supermajority voting, 3/Protecting defence rights, 4/Ensuring meaningful victim participation, protection and reparations, 5/Providing widespread public access to reasoned decisions of the Court, 6/Preventing in absentia trials, 7/Clarifying the role of the Constitutional Council, 8/Guaranteeing high quality interpretation, 9/Protecting ECCC personnel, victims, witnesses, and accused from defamation and libel actions in the Cambodian courts.

24 October 2006

"We demand a lot from children when we ask them to be participants in the court system, therefore, in a system designed for adults, we need to adapt practices to make them sensitive to children caught up, through no fault of their own, in the system."

A slideshow presentation on the best interest of the child in court.

23 October 2006

On the 1000-day anniversary of the arrests of Born Samnang and Sok Sam Oeun, LICADHO urges the Court of Appeal to promptly consider the two men's case and to release them.

Today, October 23, is the 1000th day that Born Samnang and Sok Sam Oeun have spent in custody since their arrests on January 28, 2004 for allegedly killing prominent trade unionist Chea Vichea. They are currently serving 20-year prison sentences for the murder, despite extensive evidence of their innocence. Many individuals - including former King Norodom Sihanouk, Chea Vichea's family and the prime witness to the murder - have declared that they are innocent.

12 October 2006

The Alliance for Freedom of Expression in Cambodia (AFEC) demands for abolishing Article 62 of the UNTAC law on criminal disinformation. The network of 28 Cambodian civil society organizations holds that this legal provision contradicts the Cambodian Constitution and the international human rights law by imposing unjustifiable restrictions to the human right to Freedom of Expression. In the view of AFEC, there are other and much more adequate legal ways how to protect public peace than a law against disinformation. The AFEC is convinced that the mere publication of false statement of facts should not be criminalized at all.

In an open society there are many mechanisms that finally lead to the revelation of truth. The recent cases where high-ranking government officials brought criminal disinformation complaints against two journalists, a dismissed university teacher and three people who distributed a leaflet are demonstrating how Article 62 can be abused for silencing criticism. The fact that some of these persons are still arrested is a gross violation of Freedom of Expression.

4 October 2006

The Cambodian Human Rights Action Committee (CHRAC) a coalition of 21 NGO members, petitions the Appeal Court to release Born Samnang and Sok Sam Oeun in their upcoming Appeal Court hearing on October 6, 2006.

CHRAC has made investigations into the Chea Vichea assassination, which occurred on January 22, 2004 and continues to believe that Born Samnang and Sok Sam Oeun have nothing to do with the assassination. CHRAC considers the Phnom Penh Municipal Court's verdict to have been politically motivated. Furthermore, its appears that the police investigation into the assassination involved several now disgraced police officers, some who have now been arrested for criminal activity.

14 September 2006

In the Cambodian context, any NGO law - regardless of its particular content - poses a threat to the work of human rights defenders and other NGOs. While human rights defenders are most at risk because of their role in criticizing government actions, the objectives of all NGOs and development agents - both foreign and domestic - can be compromised.

This paper highlights the experience of six Asian countries with laws similar to the proposed Cambodian NGO law is outlined below.

7 September 2006

Wednesday September 6, 2006 marked the three-month anniversary of the detention of two villagers - Chan Ra and Chhen Sovan - from Sambok Chab village and Hem Chhun, a journalist from Khmer newspaper Samrek Yuthetor (Scream for Justice). The three had been arrested and detained in connection to the Sambok Chab eviction which, on June 6 2006, culminated in an excessive display of force by the authorities to empty the village.

Assembling inside a pagoda nearby Phnom Penh's Prey Sar prison, family members of the three men, surrounded by over 200 supporters, spoke to the media and the crowd.

11 August 2006

A slideshow presentation on Human Rights situation in Cambodia 2006.

4 August 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 21 NGO members, regrets the decision made by Kandal Provincial Court to charge and detain three garment factory workers; Lach Sambo, Sal Kimsan and Yin Khun who have been working for Genuine garment factory since 4 July 2006.

From 23 to 29 June 2006, 1000 workers at the Genuine garment factory, located in Kantok commune, Angsnuol district, Kandal province, held a strike to demand for the factory boss to withdraw complaints and allow to return union leader Lach Sambo and other two workers; Sal Kimsan and Yin Khun. All three were terminated by the boss in relation to a non-existent criminal case.

2 August 2006

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 21 NGO members, calls for the prompt release from prison of Born Samnang and Sok Sam Oeun, who were one year ago yesterday convicted -- despite a severe lack of evidence -- of murdering trade unionist Chea Vichea.

On August 1, 2005, Born Samnang and Sok Sam Oeun were convicted by the Phnom Penh Municipal Court of murder and sentenced to 20 years. CHRAC continues to believe that the trial verdict was grossly unfair due to the lack of forensic evidence presented against the men. CHRAC also notes that numerous organizations and individuals, including Former King Norodom Sihanouk as well as the family of Chea Vichea, have publicly declared the innocence of Born Samnang and Sok SamOeun.

1 August 2006

On August 1, 2006 at 11:00am approximately 80 family members, friends, monks, union workers and NGO workers, gathered in front of the Police Judicial (PJ) Prison to call for the release of Born Samnang and Sok Sam Oeun. August 1 marks the one year anniversary of their conviction at what was widely considered a show trial for the assassination of union leader Chea Vichea.

26 July 2006

On Friday, July 21, the Phnom Penh Municipal Court convicted six police officers of voluntary manslaughter for the death of Duong Sopheap, who died after being detained at the Phnom Penh Municipal Police's Minor Crimes Office in June 2005. All six, who were arrested by Ministry of Interior officers six months after Duong Sopheap's death, were sentenced to 12 years in prison.

Following the unprecedented sentences given last week to the six police officers for their roles in the torture and death of a woman in police custody, LICADHO urges greater action to investigate and prosecute other similar cases of torture in Cambodia.