LIBRARY

30 March 2023

The Supreme Court this morning upheld the verdict of the Phnom Penh Municipal Court, which convicted 12 members of the former Cambodia National Rescue Party (CNRP) and a former Interior Ministry official on charges of incitement and plotting, and sentenced each to 5 years in prison with 16 months suspended. No reasoning was provided by the Supreme Court in its judgment.

The 13 individuals were convicted on 17 March 2022 by the Phnom Penh Municipal Court in a mass trial, alongside eight other former CNRP leaders and members who did not file an appeal. The Phnom Penh Appeal Court upheld the convictions of the 13 defendants in December. The 13 individuals are Chhon Bunchhat, Long Phary, Khut Chroeb, Ngin Khean, Yim Sareth, Khoem Pheana, Thai Sokunthea, Keo Thai, Nhaem Van, Chum Chan, Sok Chantha, Peat Mab, and Sun Thun.

All 13 men were detained throughout their trial in the lower courts, with several of them detained for up to three years while awaiting today’s final verdict. They remain in Tbong Khmum’s Correctional Centre 3 prison serving the unsuspended portions of their sentences, 3 years and 8 months. The sentences will see them imprisoned throughout Cambodia’s July 2023 National Election.

24 March 2023

The Supreme Court rejected the appeal of seven women unionists this morning, all of whom are representatives of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) and include its President Chhim Sithar. As a result of the Supreme Court’s decision, Sithar will remain in prison throughout an ongoing incitement trial, which commenced at the Phnom Penh Municipal Court on 21 February 2023. The other six women – Chhim Sokhorn, Hay Sopheap, Kleang Soben, Ry Sovandy, Sun Srey Pich, and Touch Sereymeas – will remain under judicial supervision. The Supreme Court’s decision was made on the grounds that no written power of attorney was submitted as part of the appeal.

The seven women are currently on trial (alongside two other defendants) for charges of incitement as a result of their peaceful strike action. They had appealed the December 2022 decision of the Phnom Penh Municipal Court’s Investigating Judge, who had ordered that Chhim Sithar remain in provisional detention. The Investigating Judge had also placed the other six unionists under judicial supervision.

LRSU members have been on strike since December 2021 following mass layoffs at the NagaWorld casino, which included the LRSU’s entire leadership and a significant number of its members. The seven unionists were first arrested on charges of incitement in late December 2021 and early January 2022, and spent two months in pre-trial detention. They were released in March 2022, but Sithar was again arrested and imprisoned on 26 November 2022 at Phnom Penh International Airport while returning from a labour rights conference in Australia. Sithar was re-arrested for allegedly violating judicial supervision conditions, despite the fact that neither she nor her lawyers were ever informed of any conditions. Sithar remains in Correctional Center 2 prison in Phnom Penh.

11 March 2023

Venerable Soy Sat was arrested on 9 March 2023 in Battambang province and detained overnight at the provincial police station. The monk was defrocked and released on the evening of 10 March, and consequently forced back into civilian life.

The arrest occurred during Venerable Soy Sat’s ongoing religious march, which started on 1 March 2023 in the capital and was set to end roughly 350 kilometres away in the border city of Poipet.

Venerable Soy Sat marched to highlight seven demands, including calling for monks who join social actions to not be expelled from pagodas; for courts to not be improperly used against activists; for respect for all citizens’ freedom of expression; for the fair resolution of land conflicts; and for the release of politicians, civil society members, and youths currently detained in prison.

27 February 2023

The Phnom Penh Municipal Court this morning confirmed its conviction of former opposition commune chief Kim Tola on the charge of incitement, sentencing her to 18 months in prison.

Tola, who was elected in Kampong Speu province, was one of seven former Cambodia National Rescue Party (CNRP) officials tried and convicted of incitement in July and August 2022 in a case related to Facebook posts from 2018 through 2021. Tola was convicted in absentia and sentenced to 18 months in prison.

Tola was arrested on 30 October 2022 at Phnom Penh International Airport while leaving to meet her husband in Germany. Tola’s lawyer objected to the August 2022 conviction on the basis that Tola was never properly summonsed, and the Municipal Court reheard the case against her on 6 February 2022. Without providing any reasoning, the court again found Tola guilty of incitement despite the lack of evidence during the retrial that Tola had liked, commented on, or shared the Facebook posts of other parties that were the subject of the case.

19 January 2023

The Phnom Penh Municipal Court this morning denied bail to Chhim Sithar, president of the Labor Rights Supported Union of Khmer Employees of Nagaworld (LRSU), ordering her to remain in pre-trial detention in Correctional Center 2 prison. No reason was given for the denial.

Sithar was first arrested in January 2022 and spent two months in pre-trial detention after being charged with incitement alongside other members of her union. She was released on bail in March 2022, but she was again arrested in November by immigration police at the Phnom Penh International Airport while returning from a labour rights conference in Australia.

Authorities accused Sithar of violating bail conditions by leaving the country, despite neither Sithar nor her lawyers ever being informed of such conditions. She has been detained at Correctional Center 2 prison since 26 November 2022.

26 November 2022

Union leader Chhim Sithar was detained by immigration police at the Phnom Penh International Airport today after returning to Cambodia following a 12-day trip to Australia. She was detained at immigration at around 10:30 am and has been sent to the Phnom Penh Municipal Court.

Sithar’s lawyer, who was present at the airport, has not been allowed to accompany the union leader during questioning and has been unable to contact her for several hours.

Sithar, the president of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU), was charged with incitement under Articles 494 and 495 of the Criminal Code in January 2022 after the union began a strike action. She was violently arrested while trying to join fellow strikers and spent over two months in pre-trial detention alongside other union leaders and members before being released on bail in March this year. Upon her release, neither Sithar nor her lawyers were informed of any judicial supervision or probation conditions, such as travel restrictions.

7 October 2022

Son Chhay, vice president of the opposition Candlelight Party, was convicted of defamation in two cases by the Phnom Penh Municipal Court this afternoon following his public criticism of Cambodia’s June 2022 Commune Elections. He was ordered to pay 3 billion riel (about US$750,000) in compensation to the ruling Cambodian People’s Party (CPP) and two fines totalling 17 million riel (about US$4,250).

The CPP and the NEC filed separate criminal complaints against Chhay in June 2022, alleging that he damaged their reputations after he commented on the fairness of the election results in a media interview. Chhay had claimed that the NEC was controlled by one political party, and that there were irregularities before and during the elections, including intimidation and vote-buying and stealing.

Chhay was charged with defamation under Article 305 of the Criminal Code in August 2022 on the basis of both complaints. Following separate trial hearings, the municipal court announced its judgements related to both complaints this afternoon. Chhay was fined 8 million riel (about US$2,000) and 9 million riel (about US$2,250) in relation to the CPP’s and NEC’s complaints respectively. The judge further announced additional penalties under Article 310 of the Criminal Code, including that the judgements must be posted publicly at Chhay’s residence, his local commune office, the Phnom Penh Municipal Court and all polling stations in Phnom Penh for two months, as well as publicised through the media for eight days at Chhay’s expense.

13 September 2022

The Phnom Penh Appeal Court this morning upheld the March 2022 convictions and prison sentences of 12 former Cambodia National Rescue Party (CNRP) members and one former Interior Ministry official on charges of plotting and incitement.

The case was one of several mass trials launched against former supporters and leaders of the CNRP since November 2020. It centred on alleged support for the “Cambodia National Rescue Movement” abroad and opinions regarding the government’s response to COVID-19 that were made in private online and phone chats and conversations.

The 13 individuals – Chhon Bunchhat, Long Phary, Khut Chroeb, Ngin Khean, Yim Sareth, Khoem Pheana, Thai Sokunthea, Keo Thai, Nhaem Van, Chum Chan, Sok Chantha, Peat Mab, and Sun Thun – were convicted on 17 March 2022 by Phnom Penh Municipal Court and sentenced to 5 years in prison, with a portion of their sentences suspended. The 13 men were detained throughout their trial in the lower court – some were held in detention for over two years – and all are currently serving their remaining sentences of 3 years and 8 months in prison. Last month, at least 12 of the convicted activists were transferred to remote Correctional Centre 3 prison in Tbong Khmum province, as part of a larger group of imprisoned CNRP activists transferred from Phnom Penh to the prison.

6 September 2022

Authorities pressured and prevented dozens of members of communities embroiled in land conflicts from travelling to Phnom Penh this morning to join with more than 800 other land community members delivering petitions to government ministries.

Around 500 people from Koh Kong province and some 360 more from Kampong Speu province rallied in the capital to demand the government resolve longstanding land disputes and deliver land titles and/or fair compensation to communities left waiting for years. Representatives of six Koh Kong communities and three Kampong Speu communities delivered petitions to the ministries of justice, interior and land management as well as Prime Minister Hun Sen’s cabinet on Tuesday amid a heavy police presence.

En route to Phnom Penh, police stopped dozens of members of Kampong Speu’s Amleang Land Community and compelled community representatives to sign agreements not to cause “social insecurity” in Phnom Penh before allowing seven of their eight vehicles to continue, claiming some vans were overloaded with passengers.

22 August 2022

The Phnom Penh Appeal Court this afternoon upheld incitement convictions of 10 political and social activists, leaving most under court probation until late 2023.

The court denied appeals from Chhoeun Daravy, Hun Vannak, Tha Lavy and Eng Malai from social justice group Khmer Thavrak; Koet Saray, Moung Sopheak and Mean Prommony from Khmer Student Intelligent League Association; and Kong Sam An, Chhour Pheng and Chum Puthy, former members of the dissolved Cambodia National Rescue Party (CNRP).

The Phnom Penh Municipal Court had sentenced the 10 activists to 20 months in prison, with five to six months suspended, and fined them 2 million riel each (US$500) on charges of incitement in October 2021.

16 August 2022

Authorities detained five journalists from independent news outlet VOD and four activists from social justice group Khmer Thavrak after they were arrested in Phnom Tamao forest on Tuesday morning. They were released just after 6 pm this evening after authorities required them to sign a contract.

Officers from the prime minister’s bodyguard unit arrested the journalists and Khmer Thavrak activists, including Sokun Tola, Chhem Sreykea, Chhoeun Daravy and Hun Vannak, and sent the nine to the Bati district police station in Takeo province for questioning for several hours.

The Khmer Thavrak activists were detained after one group member was live-streaming on Facebook from Phnom Tamao this morning, and the group had submitted a petition about the forest to the Department of Agriculture, Forestry and Fisheries, another group member said. Authorities have reportedly started marking forest land with poles, drawing questions from local residents and triggering a visit by Khmer Thavrak.

11 August 2022

A union striker was punched in the face by a uniformed officer, and left briefly unconscious and bleeding from a gash on her nose, after authorities violently stopped around 80 strikers from walking to the front of NagaWorld casino this afternoon.

The violence occurred as strikers from the Labour Rights Supported Union of Khmer Employees of NagaWorld (LRSU) sought to move past metal barricades that authorities set up to block them from accessing the area in front of the casino. Around 80 police and mixed security forces then began violently hitting, kicking, stomping on and shoving back the mostly women union members to stop them from passing the barricades.

Less than three weeks ago, on 22 July, authorities violently pushed several protesting LRSU unionists to the ground in the same area of central Phnom Penh as strikers attempted to walk to the NagaWorld casino.

29 July 2022

The Supreme Court today upheld incitement convictions of prominent unionist Rong Chhun and activists Sar Kanika and Ton Nimol, who remain under restrictive probation.

Chhun, who has spent years defending labour rights in Cambodia, was arrested after making a statement about the Cambodia-Vietnam border in 2020. His detention triggered a wave of further arrests of activists in Cambodia, including of Kanika and Nimol who were jailed after joining peaceful demonstrations in August and October 2020 respectively. The three were released in November 2021 and given three years of probation with a range of conditions limiting their freedoms.

The Phnom Penh Municipal Court had convicted the three activists of incitement under Articles 494 and 495 of the Criminal Code in August 2021. The Phnom Penh Appeal Court suspended parts of their sentences in November 2021, ordering them to serve from over 14 months to over 15 months in prison and to pay 2 million riel (US$500) each in fines as well as jointly pay 400 million riel (US$100,000) in damages.

29 July 2022

The Supreme Court upheld the convictions of three activists from environmental group Mother Nature this morning, leaving them subject to restrictive probation conditions.

The activists – Long Kunthea, Phuon Keoraksmey and Thun Ratha – were​​ convicted by the Phnom Penh Municipal Court in May 2021 on charges of incitement under Articles 494 and 495 of the Criminal Code. The Phnom Penh Appeal Court upheld the convictions in November 2021, including fines of 4 million riel (US$1,000) each, and suspended parts of their sentences. Ratha’s 20-month sentence was suspended by six months, while Kunthea and Keoraksmey’s 18-month sentences were each suspended by four months.

The three activists were not present in the courtroom this morning as the Supreme Court ruled to uphold the Appeal Court’s judgement. The Appeal Court had placed them under probation with onerous reporting requirements for a period of three years, during which time violations could risk them being forced to serve their remaining sentences. Two other Mother Nature activists – Chea Kunthin and Alejandro Gonzalez-Davidson – were convicted in absentia by the Phnom Penh Municipal Court in the same case.

22 July 2022

Several unionists from the Labour Rights Supported Union of Khmer Employees of NagaWorld (LRSU) were violently pushed to the ground by authorities as they attempted to walk to NagaWorld casino in central Phnom Penh to strike this afternoon.

About 80 strikers, most of whom were women, gathered this afternoon and were met by more than 100 police and mixed security forces near the corner of Samdach Sothearos Boulevard and Preah Sihanouk Boulevard nearby the casino complex. Strikers were violently pushed by security forces as they peacefully moved through barricades blocking the road. Security forces threw several strikers to the ground, with at least one man and one woman suffering cuts to their faces as a result.

Human rights monitors were instructed by authorities to move away from the gathering and stop taking photographs prior to the use of violence.

8 July 2022

The Ratanakiri Provincial Court today convicted five forest activists, including long-time environmental defender Chhorn Phalla, for allegedly instigating damage to forestland to claim ownership of it on Phnom Art in Samot Kraom village, Seda commune, Lumphat district, Ratanakiri province.

Phalla was sentenced to six years in prison. Sithan Nhan, Kham Masok, Lat Branh and Tvae Hok, who are all Tampuon indigenous people, were sentenced to five years in prison. The charges relate to a meeting the five men attended in 2017 in an effort to protect their forests and land and raise awareness about illegal logging.

The five were convicted under Articles 56(4) and 62(1) of the Law on Natural Protected Areas and Article 28 of the Criminal Code. They were not initially charged as instigators, with the charge added as the judge read the verdict today. There was not sufficient evidence presented during the trial to support the charges.

21 June 2022

Recently elected Candlelight commune chief Nhem Sarom was arrested this afternoon and detained in Kampong Thom province for an alleged robbery committed twenty years ago. He is one of four opposition party commune chiefs nationwide who were elected in Cambodia’s commune elections earlier this month.

The alleged robbery occurred in 2002 and Sarom was charged five years later in 2007 under Article 6 of the Law on Aggravating Circumstances of Crimes. An arrest warrant was later issued in 2012. Sarom was convicted in absentia in 2014 alongside three others for allegedly stealing a generator and sentenced to 5 years in prison. The plaintiff had withdrawn her complaint prior to the conviction.

Sarom was elected less than a month ago to become the chief of the Chamna Leu commune council in Stung district, Kampong Thom province and was set to take the position following certification of the election results on 26 June. He previously served as a commune councillor in that commune in 2017 with the Cambodia National Rescue Party (CNRP) prior to the party’s dissolution, after which his seat was handed to the ruling Cambodian People’s Party (CPP).

15 June 2022

The Supreme Court this morning upheld the conviction of land community representative Hoeun Sineath from Tbong Khmum province. Sineath was convicted by the Tbong Khmum Provincial Court in December 2020 of intentionally causing damage with aggravating circumstances of acting as a co-perpetrator under Articles 410 and 411(1) of the Criminal Code. He was sentenced to two years in prison, a decision upheld by the Tbong Khmum Appeal Court in August 2021 and the Supreme Court this morning.

Multiple communities in Dambe district, Tbong Khmum province have faced a decade-long dispute over community farmland with Harmony Win Investment Co. Ltd., a Chinese-owned rubber company. Sineath, along with eight other villagers who are not in detention, were convicted after they protested the company blocking access to and clearing their land. Sineath was the only one to appeal the verdict to the Supreme Court. He has spent more than 1 year and 10 months in Tbong Khmum prison since his arrest in August 2020.

Sineath was also convicted in a separate case following his arrest. In that case, he was convicted alongside 14 other people for obstructing public officials with aggravating circumstances under Articles 503 and 504 of the Criminal Code after they filmed authorities implementing a court order related to the disputed land. He was sentenced to spend one year in prison and fined 1 million riel (US$250). The other 14 people received fully suspended six-month sentences. Sineath has also appealed that case to the Supreme Court, with proceedings ongoing.

23 May 2022

The Phnom Penh Appeal Court this morning upheld the baseless September 2018 convictions of four current and former ADHOC staffers - Ny Sokha, Nay Vanda, Yi Soksan, and Lim Mony - and National Election Committee official Ny Chakrya, all of whom were previously imprisoned and convicted on spurious charges of bribery.

Sokha, Vanda, Soksan, and Mony were convicted on 26 September 2018 for bribery of a witness under Article 548 of the Criminal Code. Chakrya, who was serving as deputy secretary-general of the National Election Committee at the time of his arrest, was convicted as an accomplice to bribery of a witness under Articles 29 and 548 of the Criminal Code. The arrests came during a broader crackdown on civil society and the political opposition in Cambodia. All five human rights defenders served 14 months in pre-trial detention before being released on bail in June 2017, and were later sentenced to five years in prison with the remaining time suspended.

Both the defendants and the prosecutor filed appeals, with the defendants seeking to be exonerated and the prosecutor appealing to have the five human rights defenders serve the full five years in prison. The Appeal Court rejected both appeals, upholding the original convictions and suspended sentences of all five defendants.

17 March 2022

The Phnom Penh Municipal Court this morning sentenced 12 jailed former members of the Cambodia National Rescue Party (CNRP) and one Interior Ministry official to 5 years in prison (with 16 months suspended), meaning the men will serve a total of 3 years and 8 months in prison on charges of incitement and plotting. They are all scheduled to be detained through the national elections in 2023.

Additionally, seven former CNRP leaders – including Sam Rainsy, Mu Sochua and Eng Chai Eang - were convicted in absentia on charges of incitement, plotting, and inciting military personnel to disobedience, and sentenced to a total of 10 years in prison. Warrants for their arrest were also issued.

The “inciting military personnel to disobedience” charge was originally filed against 21 defendants, but was dropped against those currently detained in the country and another man, Hin Chann, who was originally imprisoned alongside the 13 but later released. Chann today was sentenced to five years in prison for incitement and plotting, but had his entire sentence suspended.