LIBRARY

28 August 2024

The Phnom Penh Capital Court this afternoon convicted Mer Seng Hor, the deputy leader for the Nation Power Party (NPP) in Kampong Cham province, to two and a half years in prison on charges of public insult and incitement to discriminate over a Facebook post that was critical of the government’s democratic track record.

Seng Hor, also known as Kea Visal, was arrested in March 2024, shortly after joining the opposition NPP. He was placed in pre-trial detention in PJ prison in Phnom Penh on charges of public insult and incitement to discriminate under Articles 307, 494 and 496 of the Criminal Code. In addition to prison time, the court today also imposed a 4 million riel (around US$1,000) fine and ordered Seng Hor to pay 20 million riel (around US$5,000) in damages to Mai Hong Sreang, a former opposition official who later joined the ruling party and filed the complaint against Seng Hor.

31 May 2024

The Supreme Court this morning upheld the conviction of the opposition Candlelight Party’s Vice President Thach Setha on the charge of irregular financial payments. Setha, 70, has been imprisoned since January 2023 and was returned to prison to finish his 18-month sentence following the verdict.

Setha is the highest-ranking of the at least 20 Candlelight Party members who are currently imprisoned in Cambodia. Setha’s case arose from a complaint that alleged that he had written five bad cheques in 2019 to repay an outstanding debt to the complainant, Rin Chhay Pawn Shop. The debt was the subject of a previous civil case in which the Appeal Court had ruled in Setha’s favour.

The Phnom Penh Capital Court convicted Setha on 21 September 2023 of irregular financial payments under Article 231 of the Law on Negotiable Instruments and Payment Transactions. This was upheld by the Phnom Penh Appeal Court, and today again upheld in full by the Supreme Court. Setha remains sentenced to 18 months in prison and ordered to pay a fine of 3 million riel (around US$750), and must also pay Rin Chhay Pawn Shop the alleged outstanding debt of $33,400 (around 133.6 million riel) and 5 million riel (around $1,250) in compensation.

15 February 2024

The Battambang Appeal Court today upheld the three-year prison sentence of social activist Kong Saron, who was arrested in July 2023 for political opinions he expressed during a Facebook livestream.

Saron was first taken into custody on 2 July 2023 for comments he published in a video on Facebook during the 2023 National Election campaign period. Saron was released shortly after issuing an apology. However, he was convicted by the Banteay Meanchey Provincial Court on 22 November for incitement to commit a felony, public insult and insulting the king and sentenced to three years. He was arrested on 25 November and imprisoned.

The Battambang Appeal Court upheld Saron’s conviction on Thursday, and he will remain in prison to serve his sentence pending his last appeal.

7 February 2024

On 7 February 2024, provincial courts convicted two well-known activists in separate cases, continuing the trend of judicial harassment against human rights advocates in Cambodia.

The Ratanakiri Provincial Court earlier today announced its verdict convicting environmental activist Chhorn Phalla of defamation, insult and incitement to commit a felony under Articles 305, 502 and 495 of the Cambodian Criminal Code. The court sentenced Phalla to one year in prison and imposed a 10 million riel (around US$2,500) fine.

Phalla is an outspoken environmental activist who has been repeatedly prosecuted for his advocacy for the protection of natural resources and monitoring of deforestation. Phalla had been imprisoned since September 2021 for criminal charges arising from two other separate cases. Both cases were also based on his activism. Phalla was finally released from prison in October 2023 after his convictions in the other two cases were overturned, only to be again convicted today.

1 February 2024

An ongoing crackdown on political opposition members intensified yesterday with two additional arrests of opposition members, as the government continues to jail political opponents ahead of the February Senate Elections.

Ma Chinda, head of the Candlelight Party’s youth movement in Phnom Penh’s Daun Penh district, was arrested on 31 January around the time of a scheduled Candlelight Party meeting in the capital. Hak Kosal, an opposition political activist, was also arrested that day. Kosal had submitted a list of election observers for the Senate Election on behalf of the Khmer Will Party (KWP) to the Phnom Penh Provincial Election Committee (PEC) just a day prior.

30 January 2024

The Phnom Penh Appeal Court this morning held the first trial hearing regarding Kem Sokha’s convictions of treason and conspiracy with a foreign power. Sokha is the former president of the dissolved opposition Cambodia National Rescue Party (CNRP). He was convicted and sentenced to 27 years in prison by the Municipal Court in March 2023, fewer than five months before Cambodia’s July National Election. Sokha was transferred to house arrest pending exhaustion of any appeals.

During the hearing, Sokha’s lawyers requested that the Appeal Court review the restrictive conditions of his bail. However, the judges declined to overturn the conditions of his supervision.

Prior to the hearing, authorities blocked roads surrounding the Appeal Court, preventing members of the public and the media from accessing the front of the court building. The hearing was attended by representatives from NGOs, embassies, and the United Nations. Representatives from a number of news outlets including Radio France Internationale (RFI), CamboJA, and Voice of America (VOA) were not admitted to the courtroom. Around 100 supporters gathered at the blocked road, while journalists and NGO representatives also waited at the barriers. Deployed mixed uniformed and plainclothes police officers and security guards took photographs and videos of individuals in the area.

16 January 2024

The acting head of Candlelight Party’s Phnom Penh operations was arrested on Monday and sent to court today after being accused of allegedly forging election-related documents by the Phnom Penh Municipal Court.

Khem Chanvannak was arrested by police on Monday while at his home with his family and held by police overnight. The municipal police released a statement on Tuesday saying he was being questioned for allegedly forging election documents on November 7, 2023.

Three plaintiffs allege that Chanvannak forged documents, thumbprints and signatures to add their names to Daun Penh district’s Phsar Thmei 3 commune candidate list without their consent. Political parties are expected to keep their candidate lists complete and can update them during the five years of a mandate.

6 December 2023

Six police officers entered LICADHO’s office in Banteay Meanchey province this afternoon and arrested four people who were seeking legal advice on behalf of imprisoned political activist Kong Saron, who is being represented by LICADHO’s legal team.

The four individuals include Hang Treub, Kong Saron’s wife; Seng Chantha, their daughter; and two other people who had accompanied them to LICADHO’s office. All four were arrested about 10 minutes after arriving at the office, after Treub had visited her husband in prison earlier this morning.

LICADHO staff asked for relevant documents, which police did not provide, instead responding that they were “obeying orders.” The police officers also ordered LICADHO staff to delete photographs of their presence at the office.

10 November 2023

The Supreme Court this morning rejected the appeal of one Candlelight Party official and denied bail to another Candlelight official in two separate cases, leaving both behind bars.

The court rejected the appeal of Touch Theung, a province-level Candlelight Party chief who was convicted on charges of forgery and use of forged documents earlier this year. The Supreme Court also upheld an order of pre-trial detention for Chao Veasna, Poipet District President and Steering Committee member of the Candlelight Party, who is awaiting trial on charges of incitement. Both opposition officials were returned to prison after the hearing.

Theung, 74, was convicted of forgery and related charges along with 12 other defendants in March 2023. These convictions related to their support for the registration of a new opposition party, the Cambodia National Heart Party (CNHP), in late 2021. Theung was sentenced to two years in prison and fined 5 million riel (around USD $1,250).

21 September 2023

The Phnom Penh Municipal Court this morning convicted Thach Setha, Vice President of the Candlelight Party, of irregular financial payments and sentenced him to one year and six months in prison as well as imposing a fine and compensation. The case followed a complaint by Rin Chhay Pawn Shop, which alleged that Setha had written five bad cheques to repay a loan in 2019. Setha has been held in pre-trial detention since his arrest in January 2023, with multiple bail requests denied.

The court sentenced Setha under Article 231 of the Law on Negotiable Instruments and Payment Transactions. He was ordered to pay a fine of 3 million riel (around US$750). Setha was also ordered to pay the complainant US$33,400 (around 133.6 million riel) — the amount of his outstanding debt to Rin Chhay Pawn Shop — in addition to 5 million riel (around US$1,250) in compensation.

The Phnom Penh Municipal Court today also conducted the first hearing of a separate case charging Setha with incitement to disturb social security and incitement to discriminate under Articles 494, 495, and 496 of the Criminal Code. Setha was indicted in April 2023 in relation to a speech made to Cambodian migrant workers in South Korea on 8 January 2023, which was published by an unknown source on YouTube. Setha has also been ordered into pre-trial detention on the basis of these charges, with the Supreme Court upholding the denial of his bail request in June 2023.

15 September 2023

Seven Candlelight Party officials and members were sent to pre-trial detention yesterday evening, after being charged with either incitement and/or fraud under Articles 494–495 and Articles 377–378 of the Criminal Code, respectively. They are currently detained in Banteay Meanchey provincial prison.

The seven charged activists were part of a larger group of 23 Candlelight members who were questioned by police in Banteay Meanchey from Saturday, 9 September in relation to the creation of a new political party. The basis for the criminal charges has not been confirmed.

The seven charged Candlelight political activists are Sin Vatha, Banteay Meanchey provincial party chief; Long Lavy, Banteay Meanchey provincial party deputy chief; Tes Sambath Vathano, party member; Tout Veasna, Mongkol Borei district party chief; Chhom Sinath, Mongkol Borei district party deputy chief; Vann Suy Eiv, elected Koy Maeng commune councillor; and Him La, a Candlelight supporter. Five of the activists have been charged with both incitement and fraud; the latter two (Vann Suy Eiv and Him La) have been charged with incitement only.

19 June 2023

The Supreme Court this morning denied bail to opposition leader Thach Setha, upholding the decision of the Phnom Penh Municipal Court.

Thach Setha is the vice president of the Candlelight Party and was charged with incitement to commit a felony and incitement to discriminate under Articles 494, 495, and 496 of the Criminal Code in April 2023. The charges stemmed from comments made to Cambodian migrant workers abroad, and he was ordered to be held in pretrial detention.

The 70-year-old opposition leader appealed, arguing that judicial supervision conditions would be sufficient and that his health conditions could not be adequately treated in prison. However, the order of pretrial detention was upheld by the Appeal Court in May 2023.

25 May 2023

The Constitutional Council today upheld a decision barring the Candlelight Party from competing in the July 2023 National Election, finalising the forcible exclusion of Cambodia’s main opposition party from the polls over a missing registration document.

The council’s decision affirmed the National Election Committee (NEC)’s refusal on 15 May to register Candlelight for this year’s national election. The NEC alleged that Candlelight failed to produce an original party registration document, which Candlelight claims was confiscated by authorities during a raid on the Cambodia National Rescue Party (CNRP) headquarters after that party’s forcible dissolution in 2017.

The NEC’s refusal came despite the election body approving Candlelight to run in the 2022 Commune Elections.

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.

3 March 2023

The Phnom Penh Municipal Court this morning convicted Kem Sokha, the former President of the dissolved opposition Cambodia National Rescue Party (CNRP), of treason and conspiracy with a foreign power under Articles 439 and 443 of the Criminal Code. He was sentenced to 27 years in prison, and immediately transferred to house arrest after being escorted from the courtroom by five police and security officers. His conviction comes less than five months prior to Cambodia’s 2023 National Election.

The court also ordered the permanent removal of Kem Sokha’s political rights to stand for or vote in an election as an additional penalty under Article 450 of the Criminal Code. The judgment stated that the level of damages is pending assessment, which is likely in relation to a civil action that may be filed in accordance with Article 22 of the Criminal Procedure Code.

23 February 2023

The Supreme Court this morning upheld the defamation conviction and financial penalty against Candlelight Vice President Son Chhay in relation to two complaints filed against him by the ruling Cambodian People’s Party (CPP) and the National Election Committee (NEC) over public criticisms of the Commune Elections process.

Chhay was ordered to pay 4 billion riel (about $1 million) in compensation to the CPP and two other fines totalling 20 million riel (about $5,000), as previously ordered by the Appeal Court in December 2022. Two of Chhay’s properties have been frozen by the Phnom Penh Municipal Court since November to prevent him selling or transferring them, following a request from the CPP.

13 February 2023

We, the undersigned media and civil society organizations, are deeply disturbed by Prime Minister Hun Sen’s order to revoke the license of Voice of Democracy (VOD), one of the last remaining independent media outlets in Cambodia. We also condemn the recent sexual harassment and intimidation of a female VOD journalist.

The closure of VOD and the harassment of a female VOD journalist undermine the government’s own claims regarding respect for the free press in Cambodia and appear to reflect a failure to uphold the 1995 Law on the Press. The decision to revoke VOD’s media license ahead of the July 2023 national elections represents a fresh wave of intimidation tactics against the country’s dwindling independent media that mirrors the 2017 closure of the Cambodia Daily and the 2018 sale of the Phnom Penh Post.

13 February 2023

The government this morning revoked the media operating licence of the Cambodian Center for Independent Media (CCIM), parent of the bilingual outlet Voice of Democracy (VOD), one of Cambodia’s few remaining independent media outlets.

The Ministry of Information revoked the licence after Prime Minister Hun Sen and his son, army commander Hun Manet, took issue with a 9 February VOD article that featured reactions from various people. This included a comment from government spokesperson Phay Siphan regarding the claim that Hun Manet had signed an agreement providing financial assistance to Türkiye. Both Manet and the prime minister later took to social media to deny that Manet had signed the document.

22 December 2022

The Phnom Penh Municipal Court this morning convicted 36 former leaders, members and supporters of the forcibly dissolved Cambodia National Rescue Party (CNRP) of plotting under Article 453 of the Criminal Code. The former opposition activists each received sentences ranging from five to seven years in prison, with only three activists receiving suspended sentences. Political rights of 11 activists were also suspended for a period of five years.

The political activists were convicted on the basis of their Facebook posts and recorded private phone calls regarding an attempt by Mu Sochua and other former CNRP leaders to return to Cambodia in January 2021 to stand trial in a separate mass trial. Sochua was denied boarding because the Cambodian government cancelled her passport and refused to issue her a visa for her country of birth.

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.