LIBRARY

Judiciary/Rule of Law

Flash Info | Community Members Protest Arrest of Representatives

21 October 2019audio available

More than 100 community members were blocked by mixed security forces in Tbong Khmum province today as they traveled to protest the arrest of two community representatives last week and observe a civil case filed by a rubber company seeking to deny them access to community land.

Community members posted on their community’s Facebook page this morning that the villagers from Dambe district were traveling to observe the court process at the Tbong Khmum provincial court, but their vehicles were stopped by authorities en route. After about 100 security forces halted the community and barricaded the roads about 20 kilometers from the court, the community members were forced to walk the remaining distance and, after arriving at the court, were observed by about 50 additional security forces.

Villagers went to monitor a civil case filed by a representative of Harmony Win Investment Co, a Chinese-owned rubber plantation that is involved in a long-standing conflict with the community over communal forest land. Villagers have repeatedly called for local and national authorities to resolve the conflict, which affects more than 600 families. They also called for the release of two community representatives involved in the dispute, Phon Chhoeun and Sem Sang, who were arrested last week and are currently being detained in Kampong Cham prison over charges related to the land dispute.

Flash Info | Former RFA Reporters’ Verdict Delayed Indefinitely

3 October 2019audio available

The Phnom Penh Municipal Court this morning once again delayed a verdict announcement for two former Radio Free Asia journalists, Uon Chhin and Yeang Sothearin, who face charges of providing information to a foreign power that could undermine national defence. The judge ordered further investigation of the case, a judgement that came amidst a trial that has failed to provide any credible evidence substantiating the charges.

LICADHO calls for all charges against the two former journalists to be immediately dropped.

A Phnom Penh Municipal Court judge announced this morning that the court would not issue a verdict announcement in the case and instead would further investigate several key facts, including conducting further forensic analysis on hard drives that have been in the court’s possession for more than 18 months. No timeframe was given for such an investigation. This ongoing legal process means that the two former journalists could continue to face charges without any credible evidence indefinitely.

Flash Info | Activists Jailed over Kem Ley Memorial Denied Bail

25 July 2019audio available

Kong Raiya and Soung Neakpaon, two activists arrested on 9 and 10 July 2019 while peacefully commemorating the anniversary of political analyst Kem Ley’s murder, were denied bail by the Phnom Penh Municipal Court on Wednesday afternoon.

Both men were arrested after peacefully exercising their freedom of expression and were charged with criminal incitement. Raiya, 28, was arrested on 9 July 2019 after he posted on Facebook that he was selling t-shirts featuring the image of Kem Ley, and also posted the phone number of a taxi driver who could bring people to Phnom Penh to commemorate the slain analyst. Neakpaon, 29, was arrested the day after Raiya outside of the Caltex Bokor petrol station where Kem Ley was murdered three years earlier. Neakpaon, a former member of Kem Ley’s youth group, was holding a sign that read “End extrajudicial killings” prior to his arrest.

Neither of these men should be in prison for exercising their freedom of expression, which is guaranteed under Cambodian and international law. LICADHO reiterates the call from 87 civil society groups for authorities to immediately release both men and drop all charges against them.

Statement | Arrest Of Two Activists Highlights Authorities’ Lack Of Respect For Freedom Of Expression And Assembly

12 July 2019audio available

We, the undersigned civil society groups, denounce the unjustified use of security personnel during the third anniversary of political commentator Kem Ley’s death and call for the immediate and unconditional release of two activists, Kong Raiya and Soung Neakpaon, from detention and the dropping of all charges against them.

Both men were arrested for peacefully exercising their freedom of expression while commemorating the anniversary of the death of political commentator Kem Ley, who was murdered on 10 July 2016. Shortly after their arrests, both men were charged with criminal incitement under Articles 494 and 495 of the Criminal Code and are being detained at Phnom Penh’s Correctional Center 1.

Article | Authorities Detain Seven People for Marking Third Anniversary of Kem Ley

10 July 2019audio available

Authorities detained seven people on July 9 and July 10 for expressing their condolences and support for murdered political commentator Kem Ley, while people marking the third anniversary of his killing at the site of his murder in Phnom Penh were surrounded by police. These detentions mark the continuation of a heavy-handed crackdown by authorities on Cambodians’ right to free expression and assembly.

This morning, three activists were detained outside Caltex Bokor petrol station in Phnom Penh – the location of Kem Ley’s murder on July 10, 2016 – after they joined other youth activists, union leaders and civil society members to mark the anniversary. The detainees included environmental activists Chum Hout and Chum Hour.

Statement | Cambodia: Three Years And Still No Effective Investigation Into Dr. Kem Ley’s Killing

9 July 2019audio available

Today, on the third anniversary of the killing of prominent political commentator and human rights defender Kem Ley, the 24 undersigned organizations renew calls on the Cambodian government to establish an independent and impartial Commission of Inquiry to conduct a thorough and effective investigation into his killing.

On 10 July 2016, Kem Ley was shot and killed while having a morning coffee at a gas station located on Monivong Boulevard in central Phnom Penh. This killing occurred amidst a backdrop of attacks on human rights defenders and members of the political opposition, and a documented history of killings of human rights defenders with impunity in Cambodia.

Statement | On World Day Against Child Labour, LICADHO calls for the government to enforce existing child labour laws

12 June 2019audio available

Today, LICADHO marked World Day Against Child Labour by organising community events in two brick factories in Kandal province: Tboung Pich in Mukh Kampul district and Kheng Hok in Ksach Kandal district. Around 200 people attended the events, including brick factory owners, workers, and children. The events sought to raise awareness in the brick production sector about the criminality and consequences of employing child labour and debt bondage, and the importance of prioritising workplace safety.

The events were organised at the two brick factories to ensure that both factory owners and their employees were brought together to have a better understanding of the risks of employing child labour and the use of debt-bonded labour. Presentations were made and leaflets were handed out to the owners and workers about the legal provisions in the Labour Law and Cambodia’s commitments to the International Labour Organisation’s Convention 182 to stop the worst forms of child labour.

Statement | CSOs express serious concern and call for a stop to the ongoing judicial harassment of former Cambodia National Rescue Party members

1 June 2019audio available

We, the undersigned civil society groups, express serious concern regarding the recent and ongoing judicial harassment of former Cambodia National Rescue Party (“CNRP”) elected officials and members through baseless arrests, summonses, and detentions across multiple provinces. We urge the Royal Government of Cambodia to immediately cease the harassment of members of the political opposition and instead take concrete measures to restore civic space and enable all individuals to exercise their rights to free expression, association, assembly and political participation.

Article | Authorities Shoot Land Protestor in Latest Use of Lethal Force

26 January 2019audio available

A man was shot and critically injured by mixed security forces after more than 100 police, gendarmes, and soldiers descended on Kokir village, in Preah Sihanouk province, on Thursday morning to enforce a Supreme Court decision awarding disputed land to nine families.

When the heavily armed security forces tried to enter the site in Bet Trang commune, protesters, some holding sticks, burned tires and threw rocks to prevent them. Security forces - including soldiers from Preah Sihanouk provincial sub-operational zone then withdrew, regrouped, and re-entered the village. This time they fired dozens of shots of live ammunition into the air as well as into the crowd in what was a clearly excessive use of force.

Flash Info | Still no justice for murdered trade union leader

22 January 2019audio available

About 100 people including trade unionists, teachers, and tuk-tuk drivers gathered in central Phnom Penh this morning to commemorate the fifteenth anniversary of the murder of Chea Vichea, one of the country’s most prominent trade unionists.

On 22 January 2004, Vichea was shot in broad daylight at a newspaper stall near the capital’s Wat Langka temple. Trade union activists and members of civil society gathered metres away from the site of his murder this morning to hold a Buddhist ceremony and give speeches honouring the former union leader, who served as President of the Free Trade Union of the Workers of the Kingdom of Cambodia (FTUWKC).

The injustice of Vichea’s murder was later compounded by the false convictions of two innocent men, Born Samnang and Sok Sam Oeurn, who were falsely accused of his murder. Both men spent five years in prison before their sentences were overturned. Participants at the commemoration called on authorities to find the real perpetrators and provide justice for Vichea, his family and friends.

Video | "Our Tears Are Our Strength": Women Human Rights Defenders

10 December 2018audio available

This video, part of the campaign 16 Days of Activism Against Gender Based Violence, highlights the determination and resilience of Cambodia’s Women human rights defenders, who stand up to state violence aimed at silencing them.

Article | 16 Days of Activism Against Gender Based Violence: Sor Sorn

7 December 2018audio available

To mark the international campaign 16 Days of Activism Against Gender Based Violence (25 November – 10 December) LICADHO is highlighting women land campaigners and human rights defenders (HRDs) who face state violence in Cambodia.

At least a half a million Cambodians have lost their land and homes in forced evictions over the last two decades and women have been at the forefront of peaceful protests demanding justice and fair compensation. Their activism has often been met with violent attacks by security forces as well as judicial harassment and arbitrary detention.
Over the 16 days, we are publishing profiles of women who – despite many hardships – continue to speak out in solidarity with others to demand justice.

Sor Sorn (58) has faced repeated harassment, arrests and detentions for protesting against the violent forced eviction of Borei Keila community in Phnom Penh.

Article | 16 Days of Activism Against Gender Based Violence: Um Sophy

5 December 2018audio available

To mark the international campaign 16 Days of Activism Against Gender Based Violence (25 November – 10 December) LICADHO is highlighting women land campaigners and human rights defenders who face state violence in Cambodia.

At least a half a million Cambodians have lost their land and homes in forced evictions over the last two decades and women have been at the forefront of peaceful protests demanding justice and fair compensation. Their activism has often been met with violent attacks by security forces as well as judicial harassment and arbitrary detention.

Over the 16 days, we are publishing profiles of women who – despite many hardships – continue to speak out in solidarity with others to demand justice.

Um Sophy (39) has faced serious harassment, multiple criminal cases and even lost her job as a teacher as a result of her tireless activism to defend her community’s land against a politically connected company.

Article | 16 Days of Activism Against Gender Based Violence: Tep Vanny

26 November 2018audio available

To mark the international campaign 16 Days of Activism Against Gender Based Violence (25 November – 10 December) LICADHO is highlighting women land campaigners and human rights defenders (HRDs) who face state violence in Cambodia.

At least a half a million Cambodians have lost their land and homes in forced evictions over the last two decades and women have been at the forefront of peaceful protests demanding justice and fair compensation. Their activism has often been met with violent attacks by security forces as well as judicial harassment and arbitrary detention.

Over the 16 days, we will publish short profiles of women who – despite many hardships – continue to speak out in solidarity with others to demand justice.

We start with Tep Vanny (38), who has been at the forefront of Boeung Kak Lake community’s fight against forced evictions in Phnom Penh as well as being a fervent defender of human rights.

Flash Info | Supreme Court Rejects Conviction of Former Rights Worker

1 October 2018audio available

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.

Article | ADHOC and NEC Staff Handed Suspended Sentences For Bribery Convictions

26 September 2018audio available

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.

Flash Info | Kem Sokha Transferred to House Arrest

10 September 2018audio available

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.

Flash Info | Religious Ceremony at Boeung Kak to Call for Tep Vanny Release

15 August 2018audio available

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.

Statement | Civil society groups call for the release of Tep Vanny

14 August 2018audio available

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.

Flash Info | Supreme Court Upholds Mother Nature Conviction

13 July 2018audio available

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.

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