LIBRARY

10 May 2018

This morning the Court of Appeal upheld the convictions of 11 CNRP officials and supporters convicted of insurrection offences related to a demonstration marred by clashes between para-police and demonstrators on 15 July 2014. The verdict, delivered in just three minutes, upheld prison sentences of between seven and 20 years.

The verdict followed a protracted appeal process that first began in 2016 and was concluded by three days of hearings between 23 and 25 April this year. During these hearings live testimony was extremely limited. The plaintiffs were unable to identify the defendants as perpetrators and admitted other individuals had in fact written at least some of the original complaints.

Additional and virtually identical statements from almost 40 absent members of the Daun Penh para-police were read on to the record, which prevented any cross-examination by defence lawyers.

1 May 2018

Workers and trade unions celebrated International Labour Day around Cambodia today despite restrictions on public gatherings and a ban on the traditionally held march in the capital. A large area around the National Assembly was cordoned off and guarded by mixed police forces.

A far smaller group than previous years rallied outside the Council for the Development of Cambodia under close surveillance from security forces. More than 600 workers, mainly from the garment and construction industry, held placards calling for workers rights, an end to harassment of trades unions and increased building site safety. Citing security concerns, Phnom Penh Municipality denied the organisers, the Cambodian Labour Confederation (CLC) and their members, the right to march to the National Assembly.

Instead CLC union leaders delivered speeches on the theme of "Challenges of Trade Union Law Enforcement" calling for protection of workers’ rights and an end to union harassment. Several other smaller trades union groups delivered petitions to the Ministry of Labour and the National Assembly. Other events took place around the country in Ratanakiri, Kampot, Kampong Speu and Kampong Chhnang.

19 April 2018

The Appeal Court rejected a bail request appeal today by two former Radio Free Asia (RFA) journalists Yeang Sothearin and Uon Chhin. It was the second bail application by the two men who have been held in pre-trial detention on treason charges since 18 November 2017. The court justified the rejection by claiming they could attempt to flee.

Sothearin and Chhin were arrested on 14 November 2017 and charged under Article 445 of the Criminal Code which covers providing information to foreign states or agents which can “undermine national defence”. No evidence to support the charges has been made public.

The reporters worked for RFA’s Khmer language service until the US-funded media outlet shut its Phnom Penh Bureau on 12 September 2017, citing government repression and the forced closure of its FM radio broadcasts.

12 April 2018

Phnom Penh municipal court postponed the trial today of Deborah Krisher-Steele, publisher of the now defunct Cambodia Daily newspaper, who is charged with “public defamation”.

The charge was brought by the General Department of Taxation following comments accusing the authority of disclosing confidential information about a massive tax bill. The newspaper closed its office in Cambodia and laid off staff on 4 September 2017, after receiving the disputed US$6.3 million bill.

Today's adjournment was the second since the trial opened. Judge Seng Leang said the latest delay was needed due to the complexity of the case and to consider a defense request to summon a Fresh News staffer as witness.

27 March 2018

About 50 villagers affected by land grabbing in Banteay Meanchey province protested today outside the provincial court to demand the release of their representative, Long Sokunthy, who was arrested yesterday.

Long Sokunthy was arrested and sent to Banteay Meanchey prison when authorities decided to enforce her 15 March conviction on charges of "infringement of private property" and "intentional damage" linked to the land dispute.

Sokunthy is a representative of 310 families seeking resolution of a conflict with tycoon Sam Phannarith, over 2,076 hectares of land located in Thnal Bat Village in Ou Chrov district, which dates back to 2004.

22 March 2018

Kampong Speu Provincial Court confirmed the conviction today of Sam Sokha on charges of “insult” and “incitement to discriminate” for posting a video to Facebook in which she throws a sandal at a Cambodian People’s Party (CPP) billboard.

Sokha was convicted in absentia and then deported from Thailand last month despite having registered there with the United Nations refugee agency. Her case was retried on 15 March 2018.

The video clip, posted in April 2017 – just two months before local elections – includes colourful language and criticism of Prime Minister Hun Sen. In the video she is seen throwing a sandal at photos of the prime minister and of Heng Samrin, Honorary President of the CPP and President of the National Assembly.

22 March 2018

Phnom Penh municipal court considered today a charge of “public defamation” brought against Deborah Krisher-Steel, publisher of the now defunct Cambodia Daily newspaper, but after a short hearing adjourned the case until a later date.

The charges were brought by the General Department of Taxation (GDT) following comments accusing the authority of disclosing confidential information about a massive tax bill levelled at the publication.

The newspaper closed its office in Cambodia and laid off staff on 4 September 2017, after receiving a disputed US$6.3 million tax bill.

16 March 2018

Former Radio Free Asia (RFA) journalists Yeang Sothearin and Uon Chhin were denied bail at the Supreme Court today. Upholding an Appeal Court decision to continue their pre-trial detention, Presiding Judge Khim Pon claimed an investigation was still underway and that releasing the men could result in “serious damage”.

Sothearin and Chhin were arrested on 14 November 2017 and charged on suspicion of treason. They have spent 118 days in Phnom Penh’s overcrowded CC1 prison.

The men worked for RFA’s Khmer language service until the US-funded media outlet shut its Phnom Penh Bureau on 12 September 2017, citing government repression and the forced closure of its FM radio broadcasts.

12 March 2018

Close to 300 farmers from four provinces affected by longstanding land disputes marched and delivered petitions to government institutions in Phnom Penh today.

Farmers from Tbong Khmum, Svay Rieng, Sihanoukville and Kandal went to the Council of Ministers, National Assembly and the Ministry of Land Management. They called for intervention to resolve decade-long conflicts affecting the land of thousands of families which they say was grabbed by powerful individuals and corporate interests.

In a statement, they said that authorities at all levels had so-far failed to resolve the disputes which have had a devastating impact on their livelihoods. They added that community representatives have been threatened, intimidated and accused of incitement, simply for advocating on their behalf.

8 March 2018

International Women’s Day events are taking place around Cambodia today to raise awareness of gender inequality and the impact of land grabbing, violence and other violations of women’s rights.

More than 7,000 members of communities, trade unions and grassroots groups are holding events in at least four provinces and several locations in the capital Phnom Penh. The biggest was a public forum, organised by a trade union confederation, on women workers’ rights at a garment factory in Kampong Speu.

IWD is celebrated around the world every year on 8 March to celebrate the women’s rights movement.

6 March 2018

More than 100 villagers from communities affected by land grabbing in Koh Kong’s Sre Ambel district demonstrated today outside a factory owned by Koh Kong Sugar Industry Co. Ltd.

The protestors, from Chi Kha Leu, Chi Kha Kraom and Dang Peng communes, were met by about 50 police and military police outside the factory.

The communities have fought for compensation since 2006 when hundreds of families were dispossessed by economic land concessions granted to sugar companies, one of which was partly owned by ruling party Senator Ly Yong Phat.

7 February 2018

The conviction of land rights activist Tep Vanny over her participation in a peaceful protest was upheld by the Supreme Court this morning as supporters gathered outside.

No plaintiffs or prosecution witnesses were present at the hearing, preventing cross-examination as was the case at the first instance trial and Appeal Court hearings. Witnesses for the defence, who were present in the courtroom, were not permitted to testify.

At a protest in Phnom Penh on 13 March 2013 – over the jailing of another activist – para-police beat and injured several members of the Boeung Kak Lake community. Nonetheless, Tep Vanny was convicted by Phnom Penh Municipal Court on 23 February 2017 for “intentional violence with aggravating circumstances”, despite a lack of credible evidence.

26 January 2018

Koh Kong provincial court convicted two Mother Nature activists today on the charge of violating privacy and incitement and sentenced both to one year in prison with seven months suspended. They were also fined 1,000,000 riels each (US$250).

Dem Kundy and Hun Vannak were convicted under article 302 (unauthorised recording of a person’s image) and article 495 (incitement to commit a felony) of the Criminal Code.

The sentences, announced by Judge Keo Sokha, came just a day after their trial where the defence argued that there was insufficient evidence to convict them of incitement or invading the privacy of the LYP Group which brought the complaint.

25 January 2018

Koh Kong provincial court considered the case of two activists from the Mother Nature environmental group this morning who were arrested in September while filming suspected illegal sand dredging activity.

Dem Kundy and Hun Vannak were arrested in Kiri Sakor district on 12 September 2017 and charged on suspicion of violating privacy and incitement to commit a felony. They have been held since then in pre-trial detention. Their arrest came just two days after the group posted an online video​ highlighting potential smuggling of silica sand to Taiwan.

If convicted of the two charges, the activists face up to two years in prison and fines of up to six million riel (US$1,500) under article 495 (incitement to commit a felony) and article 302 of the Criminal Code (unauthorized recording of a person’s image).

22 January 2018

Trade union and civil society activists gathered in central Phnom Penh this morning to mark the fourteenth anniversary of the murder of former trade union leader Chea Vichea.

A ceremony was held to pay tribute to the former President of the Free Trade Union of the Workers of the Kingdom of Cambodia (FTUWKC) who was gunned-down in broad daylight on 22 January 2004. Two innocent men – Born Samnang and Sok Sam Oeurn – were falsely convicted for the crime and spent five years in jail before their sentences were overturned.

Participants at the commemoration called on authorities to find the real perpetrators and provide justice for Vichea and his family and friends. Vichea’s brother Chea Mony, also a former FTUWKC leader, was absent. He was due in court this morning for questioning following a complaint brought by government-aligned trade unions.

12 January 2018

The Appeal Court overturned defamation convictions and dropped all charges against three Equitable Cambodia (EC) staff this morning related to internal disciplinary proceedings involving Chan Vichet, a former EC employee. In delivering the verdict Judge Nhung Thol stated that there was no evidence of defamation.

Chheang Phea, Eang Vuthy and Phen Kimsong were convicted by Phnom Penh Municipal Court on 22 August 2016 and ordered to pay fines and damages over a written staff warning issued to the plaintiff.

The plaintiff claimed that he was unfairly dismissed from the EC in 2015 and that private information regarding the dismissal was revealed by management. However, the warning was issued privately after a due process.

3 January 2018

Borei Keila community in Phnom Penh marked the sixth anniversary today of the violent forced eviction by authorities on 3 January 2012 to make way for a high rise housing development. The community is still seeking fair compensation and re-location near the site of their former homes.

A religious ceremony was held as well as speeches highlighting the plight of the community which has faced violence, intimidation and unjust imprisonments since the first forced evictions in 2009.

The building firm Phanimex obtained a land sharing agreement with the community and the government in 2003 to develop the site and pledged to build ten apartment buildings to re-locate more than 1,700 families. Only eight of the ten buildings were completed.

22 December 2017

This morning the Appeal Court considered the conviction of three Equitable Cambodia (EC) managers – Chheang Phea, Eang Vuthy and Phen Kimsong – on criminal defamation charges brought by Chan Vichet, a former employee, related to an internal written staff warning.

Neither Vichet nor his lawyers were present at the court which meant cross-examination was not possible. The Appeal Court prosecutor echoed the unusual remark made by the Municipal Court prosecutor in 2016 that there was no evidence of any intentional wrongdoing by the EC managers.

Vichet claimed that he was unfairly dismissed from the land rights NGO in 2015 and that private information regarding the dismissal was revealed by management.

10 December 2017

More than 3,000 Cambodians have been gathering around the country in over a dozen, mainly rural, locations to celebrate the 69th International Human Rights Day - despite ongoing government restrictions on civil society.

Communities and civil society organisations spoke out about land grabbing, natural resource protection and minority rights in a series of events since Friday.

Despite the current climate of fear, communities, grassroots groups and trade unions demonstrated solidarity in private and public events. Several faced restrictions from local and provincial authorities, including not being allowed to march.

8 December 2017

This morning the Supreme Court upheld the conviction of three Boeung Kak Lake activists – Tep Vanny, Kong Chantha and Bou Chhorvy – on charges of “insult [of a public official]” and “obstruction of a public official with aggravating circumstances”. Their six month sentences were also upheld.

No enforcement order was issued. This means their arrest and enforcement of the sentences can be ordered at any time at the discretion of the Phnom Penh municipal prosecutor.

Tep Vanny was immediately returned to Correctional Centre 2 (CC2) where she has been in detention since 15 August 2016. She is awaiting an appeal against a conviction and 30 month sentence in another protest-related case. Kong Chantha and Bou Chhorvy were not immediately detained.