LIBRARY

4 November 2019

The Supreme Court issued a verdict this morning denying bail to Kong Raiya, who was arrested on 9 July 2019 after advertising in a Facebook post that he was selling t-shirts featuring the image of slain political analyst Kem Ley.

Raiya was charged with “incitement to commit felony”, along with Soung Neakpaon, who was arrested the day after Raiya at a memorial event for Kem Ley and faces the same charges. Both men are currently being held in CC1 prison in Phnom Penh.

Eighty-seven civil society groups, unions and grassroots communities, including LICADHO, issued a statement calling for the release of both Raiya and Neakpaon a few days after their arrest in July. The statement noted their arrests were arbitrary and a clear violation of the pair’s right to freedom of expression under the Cambodian Constitution. Five current human rights special rapporteurs from the United Nations (UN) also called for the dropping of all charges against both Raiya and Neakpaon and urged the Cambodian government to release both men. International human rights organization Amnesty International has labeled Raiya and Neakpaon “Prisoners of Conscience” and also called for their release, as has the ASEAN Parliamentarians for Human Rights (APHR).

23 October 2019

More than 500 people from land communities, civil society organisations, unions and independent analyst groups gathered in Phnom Penh on Wednesday morning to celebrate the 28th anniversary of the Paris Peace Accords.

The celebration occured at the relocated Freedom Park, and speeches were given praising the promises of peace, democracy, respect for human rights and development enshrined in the Paris Peace Accords. Representatives from the US and EU embassy joined participants to listen to speeches from independent analysts and union leaders, who discussed the importance of respect for human rights and pluralistic democracy. Dozens of plainclothes and uniformed security officers were also present.

Organisers were denied permission to march from The Council for the Development of Cambodia and instead held the event in the confines of Freedom Park. The government announced earlier this year that October 23, Paris Peace Accords Day, will no longer be an official holiday starting next year.

21 October 2019

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.

3 October 2019

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.

25 July 2019

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.

1 April 2019

Sum Meun, a Preah Vihear community representative who was missing for more than two months, has been located by his family in Sihanoukville.

Sum Meun disappeared from the Koulen Promtep Wildlife Sanctuary Headquarters on January 21, a day after being arrested and beaten by soldiers who were hired as security guards for a land concession granted to Metrei Pheap Kase-Ousahakam Co. Ltd, in Choam Khsant district’s Yeang commune. The concession has links to tycoon An Mady.

The community representative was last seen by his son, Meun Mean, who was arrested along with Sum Meun. He left the province in January due to fears for his safety. Preah Vihear provincial authorities released a statement on 31 March confirming that they met with Sum Meun in Phnom Penh over the weekend.

22 January 2019

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.

3 January 2019

Residents of Phnom Penh’s Borei Keila community today commemorated the seven-year anniversary of their violent and forced eviction in 2012, to make way for a high-rise development project owned by an influential businesswoman.

Around 40 community and civil society members gathered at the site to perform a religious ceremony and addressed the media on their eviction and land rights issues. However, 10 police officers were present at the site to monitor the event, and prevented residents from hanging or holding banners highlighting their grievances.

On 3 January 2012, residents of the community were evicted from the site when Phan Imex Corporation, owned by well-connected tycoon Suy Sophan, demolished their homes without any notice, with the aid of the armed state forces.

5 October 2018

Cambodia’s new repressive lèse majesté law was used for the first time yesterday to convict a former opposition party official who was handed a one year sentence.

Ban Somphy, a 70-year-old barber and former district leader of the Cambodia National Rescue Party (CNRP), was detained on 20 May 2018. He was accused of sharing a Facebook post allegedly criticising King Norodom Sihamoni which included a picture of Prime Minister Hun Sen and his wife and a video of angry villagers affected by flooding.

He was sentenced by Siem Reap provincial court under Criminal Code article 437 bis which was amended by the National Assembly in February amid strong opposition from civil society groups who warned that it would be used to silence government critics.

1 October 2018

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.

26 September 2018

Ny Chakrya, a former human rights worker, was tried by the Supreme Court this morning on charges of defamation, malicious denunciation and for comments intended to unlawfully coerce judicial authorities.

The former Cambodian Human Rights and Development Association (ADHOC) staffer and current Deputy Secretary-General of the National Election Committee was convicted by Phnom Penh Municipal Court on 22 September 2016, under Articles 305, 311 and 522 of the Cambodian Criminal Code following a complaint by an investigating judge and a deputy prosecutor at Siem Reap Provincial Court.

The complaint referred to alleged comments he made at a two ADHOC press conferences in May 2015 calling for an investigation into legal irregularities around the handling of a land dispute and for the release of two jailed victims of land rights violations.

18 September 2018

Four human rights workers and a national election official faced trial today at Phnom Penh Municipal Court on bribery charges linked to a case against former opposition leader Kem Sokha.

Cambodian Human Rights and Development Association (ADHOC) staffers – Lim Mony, Ny Sokha, Yi Soksan and Nay Vanda – and National Election Committee (NEC) official Ny Chakrya were questioned about their dealings with Khom Chandaraty.

Chandaraty, the plaintiff and key witness in the trial, was not present in court and statements were read out for just two out of seven other absent witnesses which made cross-examination impossible. No credible evidence was presented by the prosecution.

17 September 2018

Police in Svay Rieng shut down a workshop on chicken farming held by a national farmers’ association on Monday morning claiming that it had not been approved by local authorities.

The Coalition of Cambodian Farmer Community (CCFC) had organised the training workshop on ecological chicken-raising for 30 families in Romeas Hek district and said it had correctly informed commune and village authorities.

Local authorities have shut down about a dozen gatherings organised by the CCFC over the last year, including training workshops, a community development forum and an International Womens’ Day celebration, claiming the group had failed to obtain permission. It was the second time a chicken-raising workshop was shut down in Romeas Hek district.

10 September 2018

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.

31 August 2018

Australian filmmaker James Ricketson was found guilty of espionage by Phnom Penh Municipal Court this morning and sentenced to six years in jail.

Despite a lengthy seven-day trial, no credible evidence of spying was produced. The evidence and testimonies also did not show which country he was accused of spying for, although this question was raised by the defence.

The 69 year old was arrested in Phnom Penh in June 2017, shortly after he flew a drone over an opposition party election rally.

24 August 2018

This morning Boeung Kak Lake activist Tep Vanny and five other members of the community were found guilty of making a “death threat” against a former community member. They were each given six-month suspended sentences. Another charge of “public insult” was dropped by Phnom Penh Municipal Court.

The case was revived in late 2016, despite the plaintiff, Ly Mom, having dropped her March 2012 complaint in October 2016.

The trial of Tep Vanny, Nget Khun, Cheang Leap, Kong Chantha, Tol Sreypov and Heng Mom began in July 2017 but was suspended by the judge when prosecution witnesses failed to appear in court.

15 August 2018

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.

13 July 2018

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.

27 June 2018

This morning, around 200 villagers representing 317 families affected by land disputes related to sugar land concessions in Chi Kha Leu, Chi Kha Kraom, Dang Peng and Kandoul communes, Koh Kong province marched through Phnom Penh to demand land and compensation. They are currently being blocked by security forces on Sihanouk Boulevard.

Yesterday, the villagers were forced to walk part of the way from Koh Kong to Phnom Penh after being blocked by police and military police led by the Koh Kong deputy governor. They arrived at the Ministry of Land Management, Urban Planning and Construction (MLMUPC) yesterday evening, when community representatives met with representatives from the ministry before walking to Samaki Raingsey pagoda where they stayed overnight.

This is the third time that the villagers have been blocked in their efforts to reach the ministry. On 5 June, members of the communities had their vans stopped in Koh Kong by police and were forced to walk for hours through heavy rain towards the capital. On this occasion, after protesting in front of the Ministry of Land, officials promised some families monetary compensation and land by 20 June 2018. Last month, around 200 people from these communities were blocked and violently shoved by security forces in Phnom Penh as they attempted to walk from Samakki Raingsey pagoda to the MLMUPC. Many villagers were carrying babies and small children.

5 June 2018

(Updated 14.00 following land ministry meeting)

Despite attempts to prevent them travelling to Phnom Penh, more than 200 villagers from Koh Kong communities seeking compensation for a decade-old land grab rallied outside the Ministry of Land Management, Urban Planning and Construction early on Tuesday morning.

They were met by Koh Kong deputy governor Orn Pheareak who asked them to return to their province to discuss a solution. Community representatives also met land ministry officials and were given a letter pledging to measure land for 585 families by 20 June 2018.