LIBRARY

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.

4 June 2018

Police have attempted to block about 300 villagers from Koh Kong province from travelling to Phnom Penh to demand compensation for a decade-old land grab. The police, led by a District Deputy Governor, stopped the communities’ buses in Sre Ambel district early on Monday morning.

Instead the community groups set out on foot, determined to make the 150 km trip to the capital. Along the way, they have encountered military police forces and have been pressured by authorities to return to their province.

The communities from Chi Kha Leu, Chi Kha Kraom, Dang Peng and Kandoul communes have petitioned the ministry and provincial authorities for over a decade for compensation for land they lost to two Economic Land Concessions linked to the Thai sugar company KSL and ruling party Senator Ly Yong Phat.

31 May 2018

Former Radio Free Asia (RFA) journalists Yeang Sothearin and Uon Chhin were interviewed by an investigating judge at Phnom Penh Municipal Court today on charges brought under the Law on Suppression of Human Trafficking and Sexual Exploitation.

The two men worked for RFA until the media outlet shut its Phnom Penh Bureau in September 2017, citing government repression and the forced closure of its FM radio broadcasts as part of an ongoing crackdown on critical media.

They were arrested and detained on 14 November 2017. Four days later they were charged with treason and sent to pre-trial detention in Phnom Penh's chronically overcrowded Correctional Centre 1 (CC1). The trafficking charges, which are part of a second separate case against the pair, were added later.

18 May 2018

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Villagers from Koh Kong province seeking compensation for a more than decade-old land grab were violently shoved and jostled by security forces this morning as they attempted to walk to the Ministry of Land Management, Urban Planning and Construction. Many were carrying babies and small children when they were attacked.

More than 200 community members petitioned ministry officials on Thursday and stayed at Samakki Raingsey pagoda overnight. When they attempted to walk the 5 km stretch back to the ministry this morning about 40 police and para police blocked and shoved the crowd near the pagoda, in violation of their right to assembly and peaceful protest. After about four hours they were allowed to move, amid a heavy police presence. About a hundred armed police and security guards were stationed near barricades along the route.

16 May 2018

Two former Radio Free Asia (RFA) journalists charged with treason were brought to Phnom Penh Municipal Court today to decide whether their six months in pre-trial detention will be extended or if they will be released (update below).

Under Cambodian law, felony suspects can only be held in pre-trial detention for six months unless a judge rules that a further six month period is necessary for an ongoing investigation. No evidence substantiating the charges has been made public.

At a bail hearing in March, Presiding Judge Khim Pon said an investigation was still underway and that releasing the men could result in “serious damage”.