LIBRARY

4 November 2016

This morning, the Appeal Court upheld CNRP deputy leader Kem Sokha's conviction for refusing to appear as a witness after rejecting all arguments put forward by defence lawyers.

Appeal Court judge Seng Sivutha also upheld the five months prison sentence and 800,000 riel (about $200) fine handed down by the Municipal Court following Kem Sokha's trial in September. The deputy opposition leader now has one more opportunity to appeal his conviction at the Supreme Court; if the conviction is upheld there, his sentence can be enforced.

In a simultaneous hearing this morning, the Supreme Court ruled against a motion which challenged the Phnom Penh Municipal Court investigating judge's initial decision to bring Kem Sokha to trial. The challenge was brought on the grounds of his parliamentary immunity.

31 October 2016

We, the undersigned civil society organizations, write to His Excellency Mr. Suy Sem, the Minister of Mines and Energy, to request clarification regarding sand exported overseas by Cambodia from 2007 to 2015. A Ministry spokesman has been quoted as saying that Cambodia’s global sand exports amounted to just over 17 million tons between 2007 and 2015. However, the only official export data issued to date by the Cambodian government in relation to sand exports, from the Ministry of Commerce, only discloses sand exports to Singapore for the same period, totaling about 2.8 million tons. The Cambodian government is yet to explain to which other countries it is exporting sand to, or at what price this sand is being sold for.

17 October 2016

On Sunday, 16 October, thousands of people joined a 90-kilometre funeral procession, from Phnom Penh to Takeo, to mark 100 days since the assassination of political analyst Dr. Kem Ley. He was shot dead in a busy Caltex petrol station cafe in central Phnom Penh on 10 July 2016. Over the past three months since he was murdered, there has still been no independent and credible investigation into his murder.

The procession started from Wat Chas, a pagoda in Phnom Penh, where over the previous two days thousands of people had travelled to pay respect.

10 October 2016

We, the undersigned civil society groups, are outraged by this morning’s unjustified use of violence by district para-police officers during a march to peacefully celebrate World Habitat Day, and we strongly condemn this reprehensible attack.

10 October 2016

This afternoon, the Phnom Penh Municipal Court sentenced opposition CNRP MP Um Sam An to two years and six months’ imprisonment with a four million riel ($1,000) fine after convicting him of incitement to commit a felony and incitement to commit discrimination under Articles 495 and 496 of the Cambodian Criminal Code.

During the trial hearing, Um Sam An and his lawyers made repeated complaints that the trial amounted to a violation of his constitutional rights to parliamentary immunity and freedom of expression before leaving the court in protest. Trial judge Heng Sokna completed the hearing in their absence.

The case relates to online expression and Facebook posts made by Um Sam An over one year ago in relation to the ongoing political dispute between the ruling party and the opposition over Cambodia’s border with Vietnam. The authorities interpreted the continued existence of the Facebook posts one year later as evidence of a “flagrant offence” – bypassing Um Sam An’s parliamentary immunity.

22 September 2016

We, the undersigned civil society organisations, condemn in the strongest terms today’s unjustified conviction of former Head of the Human Rights and Monitoring Section of the Cambodian Human Rights and Development Association ADHOC) and deputy secretary-general of the National Election Committee (NEC), Mr. Ny Chakrya, by the Phnom Penh Municipal Court. After a four and a half hour trial, Judge Khy Chhay deliberated for a mere 15 minutes before deciding to convict Mr. Ny Chakrya on charges of defamation, malicious denunciation, and publication of commentaries intended to unlawfully coerce judicial authorities, under Articles 305, 311 and 522 respectively of the Cambodian Criminal Code. Mr. Ny Chakrya was sentenced to six months in prison and given a fine of six million Riel (approximately $1,500).

19 September 2016

This morning, Boeung Kak Lake representatives Tep Vanny, Bo Chhorvy, Kong Chantha and Heng Mom were found guilty of obstruction of a public official with aggravating circumstances and insult relating to a November 2011 protest.

Judge Ly Sokleng sentenced all four women to six months' imprisonment after a three-hour hearing at the Phnom Penh Municipal Court. Tep Vanny was sent back to pre-trial detention in CC2 prison – where she has now been for nearly five weeks – for separate charges relating to a protest held by Boeung Kak Lake community in 2013 in front of the Prime Minister's house. No special enforcement order was issued so Bo Chhorvy and Kong Chantha – as well as Heng Mom, who was tried in absentia – were not arrested as their sentence will not be enforced until all appeals are exhausted. None of the evidence presented at the trial sufficiently proved the guilt of the four women.

About 30 community members and supporters from other land communities and civil society groups gathered outside the court during the trial.

14 September 2016

This morning a group of representatives from the Boeung Kak Lake community delivered petitions to the World Bank and the embassy of the Delegation of the European Union to Cambodia – calling for intervention to secure a resolution for the community’s remaining land conflict, the release of detained activist Tep Vanny and the dropping of charges against all members of the Boeung Kak Lake community.

At the World Bank, a group of approximately 30 para-police confronted the community representatives, accusing them of obstructing entrances to the World Bank before pushing the gathering away from the building. Shortly afterwards a representative of the World Bank accepted the petition.

At the European Union, Boeung Kak Lake representatives Bov Sophea and Song Sreyleap were permitted to enter the embassy, where an assistant to the ambassador accepted the petition. After leaving the embassy Song Sreyleap delivered a short speech to the media calling on the Cambodian government to resolve the remaining land dispute and to clear all criminal charges against members of the community. The representatives pledged to follow up on the petitions.

9 September 2016

Deputy opposition CNRP leader Kem Sokha was tried in absentia over an hour-long hearing this morning on charges of refusing a summons to appear in court. The prosecutor requested the court treat this as a flagrant offence, so that Kem Sokha cannot benefit from his parliamentary immunity.

The charges were brought in May after Kem Sokha refused two summons to appear as a witness in a case against two CNRP MPs accused of procurement. Their case, in turn, relates to accusations of prostitution leveled against Srey Mom, a woman with whom Kem Sokha had an alleged affair.

About 200 CNRP supporters gathered outside the court during the trial, with a heavy mixed police presence in the nearby Olympic Stadium. One supporter - a CNRP Phnom Penh treasurer Om Dara - was arrested and brought to 7 Makara police station following a brief scuffle between police and supporters.

5 September 2016

Six land activists detained in Dangkor district police station since yesterday were finally released this afternoon as groups marked the 18th week of the Black Monday campaign.

The six women – who include a 76-year old injured during their arrest – were held overnight in the police station following their arrest yesterday during a peaceful gathering to call for the release of incarcerated human rights defenders, including Boeung Kak Lake community representative Tep Vanny who was arrested during a Black Monday event on 15 August.

Earlier this morning, police and para-police shut down a separate Black Monday event held by Borei Keila community, ripping down and burning Black Monday posters and signs.

4 September 2016

Six women from Phnom Penh land communities and four balloon sellers are currently being held in Dangkor district police station after their arrest this morning during a gathering outside Prey Sar’s CC2 prison.

About 100 people from land communities and other groups had gathered outside the prison this morning to call for the release of detained human rights defenders, including Boeung Kak Lake community representative Tep Vanny. As the group attempted to gather outside CC2’s gate, police and para-police confiscated balloons. They arrested the ten people - Yeay Mamy from Boeung Kak Lake community; Phoung Sopheap, Meas Sreypao, Sok Raksmey, Kiev Sary and Cheav Sreynich from Thmor Kol community; and balloon seller Seng Thy along with his son, Theoun Phanha, and nephews Poa Vichea and Chum Sobinkeo - before taking them to the police station.

Tep Vanny has been incarcerated in CC2 prison since 17 August. She had been arrested during a Black Monday gathering two days prior, swiftly tried and convicted of ‘insulting a public official’ within a week. She remains in pre-trial detention facing charges of intentional violence relating to a protest in March 2013, as well as further charges of obstructing and insulting a public official relating to protests in 2011. These old cases were reactivated just last week.

22 August 2016

This morning, Boeung Kak Lake activists Tep Vanny and Bov Sophea were convicted of ‘insulting a public official’ relating to a peaceful Black Monday protest last week and sentenced to six days’ imprisonment. Tep Vanny, facing pre-trial detention under charges of intentional violence which were brought last week relating to a 2013 protest, will be returned to Prey Sar’s CC2 prison. Bov Sophea should be released later today.

After just 18 minutes of deliberation, following a ninety-minute trial, the trial judge Pech Vicheator unexpectedly altered their charge to ‘insult of a public official’ (Criminal Code Article 502) – announcing the change during the delivery of his verdict – and sentenced Tep Vanny and Bov Sophea to the maximum six days’ imprisonment. After presenting a defense against the original incitement offences, lawyers were given no opportunity to defend against the altered insult charges, in a violation of the rights for adequate time and resources to prepare a defense.

On Friday, Tep Vanny was brought from provisional detention in CC2 prison to Phnom Penh Municipal Court for interview in relation to a protest outside Prime Minister Hun Sen’s house in 2013 and subsequently charged with intentional violence. The protest in question ended in one of the most violent crackdowns against the community, leaving five citizens injured, including some with broken bones.

22 August 2016

Equitable Cambodia (EC), Cambodian League for the Promotion and Defense of Human Rights (LICADHO), and Center for Alliance of Labor and Human Rights (CENTRAL) are extremely disheartened by today’s verdict against Eang Vuthy, Chheang Phea and Phen Kimsong. From the outset, it has been our position that there was no legal basis for this case. This was made clear during the trial hearing, when the prosecutor informed the trial judge during his closing remarks that there was no evidence to support the charge of defamation.

19 August 2016

This afternoon activist Tep Vanny, whose trial under incitement charges began two days ago, was brought to Phnom Penh Municipal Court for interview in relation to a protest outside Prime Minister Hun Sen’s house in 2013.

Pro-government media outlet Freshnews, referring to Tep Vanny with the politically-loaded label ‘colour revolutionary’, reported that the questioning related to a different case of international violence with aggravating circumstances. She was questioned by Judge Nou Veasna, who was one of the trial judges in last year’s CNRP ‘insurrection’ case, without the presence of her lawyers.

Tep Vanny was arrested on Monday alongside fellow land activist Bov Sophea during a gathering in their community in support of the Black Monday campaign in an apparently targeted arrest. The pair were charged and sent to immediate trial on Wednesday, which was then suspended until Monday 22 August. The two women have been in Prey Sar’s CC2 prison since then.

18 August 2016

We, the undersigned civil society groups, demand the immediate release of two Boeung Kak Lake activists – Ms. Tep Vanny and Ms. Bov Sophea – who were charged and sent to provisional detention in Prey Sar’s CC2 prison on 17 August 2016, in relation to their involvement in the “Black Monday” campaign. We also call on authorities to drop the spurious incitement charges against them, and allow for peaceful assemblies, such as those in support of the Black Monday campaign, as protected under Cambodian and international law.

18 August 2016

We, the undersigned international, regional, and Cambodian non-governmental organizations, urge your delegation to support the adoption of a resolution addressing Cambodia's gravely deteriorating human rights situation at the 33rd session of the Human Rights Council.

This resolution should highlight and condemn the ongoing and systematic human rights violations in the country and impunity for their perpetrators; build on the concerns expressed by a number of States at the Council's 32nd session; and urge the Cambodian Government to urgently take corrective action to preserve the legacy of the Paris Peace Agreements, ahead of their 25th anniversary and of key municipal and general elections.

17 August 2016

Two Boeung Kak Lake activists are currently being tried under incitement charges following their arrest on Monday evening during a peaceful demonstration in their community to mark the 15th week of the “Black Monday” campaign.

Tep Vanny and Bov Sophea, both long-time activists from Boueng Kak Lake community, spent two nights detained in Daun Penh police station after para-police broke up Monday evening’s peaceful event, held by the community to call for the release of five imprisoned human rights defenders and for justice for the recent murder of political analyst and Black Monday supporter Kem Ley. They were charged by prosecutor Keo Socheat with incitement under Article 495 of Cambodia’s Criminal Code this afternoon, after a day of interrogation at Phnom Penh’s Municipal Court, and immediately sent to trial.

The charges represent a major escalation in police response to peaceful Black Monday protests. Altogether, such protests have resulted in at least 36 arrests since they began in May. Today is the first time Black Monday protesters have been charged.

4 August 2016

Today 74 representatives of communities in Chi Kha Leu commune, Sre Ambel district, Koh Kong submitted five petitions at government, parliamentary and diplomatic offices in Phnom Penh calling for a resolution to their decade-old land conflict.

The protest is the latest in a series of actions by the communities protesting against land grabbing by sugar producers in Sre Ambel district. The dispute began in 2006 following the establishment of sugar Economic Land Concessions (ELCs) in Koh Kong.

The peaceful protest saw representatives carrying banners and flags deliver petitions to the Ministry of Land Management, the Ministry of Agriculture, Forestry and Fisheries and the Ministry of Commerce. Other petitions were delivered to the embassy of the European Union Delegation to Cambodia and the National Assembly.

3 August 2016

This morning, over 200 people from 18 communities engaged in land disputes in Sihanoukville province assembled outside the Sihanoukville governor’s office.

The group requested a meeting with Prime Minister Hun Sen, in the hopes that he might intervene and bring an end to their land conflict. The Prime Minister has been on a travel schedule visiting several provinces in the last few weeks.

17 community representatives and an ADHOC staffer have met with deputy governor Chhit Seng Nhuon and are currently waiting to meet with the Prime Minister.

28 July 2016

This morning, the Phnom Penh Municipal Court heard a defamation case involving self-exiled leader of the CNRP Sam Rainsy, and National Assembly President, Heng Samrin.

The case revolved around a Facebook post made by Rainsy on November 17, 2015, in which he shared a video of the late King Sihanouk making comments about the actions of the 1980s Samrin-led regime. The prosecutor, Vong Bun Visoth, and Samrin’s lawyer, Ky Tech, both argued that the caption Rainsy had written to accompany the video was exaggerated, defamatory and misleading. Neither the defendant nor his lawyers were present for the trial.

After 10 minutes of deliberation, judge Ros Piseth returned with a lengthy written judgment, finding Rainsy guilty of defamation under article 305 of the Criminal Code. Rainsy was ordered to pay a 10 million riel (about $2,500) fine and 150 million riel (about $37,500) in compensation to Heng Samrin.