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Judiciary/Rule of Law

Flash Info | Mother Nature Activists Denied Bail; Youth Leaders Face Extended Detention

18 February 2025audio available

The Phnom Penh Appeal Court denied bail to five imprisoned Mother Nature activists yesterday. The environmentalists – Long Kunthea, Ly Chandaravuth, Phuon Keoraksmey, Thun Ratha and Yim Leanghy – were returned to separate prisons following the decision.

The five have been in prison since being convicted by the Phnom Penh Capital Court on 2 July 2024, when they were sentenced to prison terms ranging from six to eight years on charges of plotting and/or insulting the King. The activists had sought bail while the conviction is under appeal.

Flash Info | Supreme Court Upholds Conviction of Journalist

24 January 2025audio available

The Supreme Court this morning upheld the conviction of journalist Ung Thap Reang on charges of defamation and incitement to commit felony under Articles 305 and 495 of the Criminal Code.

The Banteay Meanchey Provincial Court had convicted the journalist on 25 January 2024, handing him a fully suspended six-month prison sentence and ordering him to pay a 2 million riel (about US$500) fine. The Battambang Appeal Court upheld the lower court’s verdict in full on 15 August 2024. The Supreme Court upheld the conviction and suspended prison sentence this morning although dropped the previously imposed fine.

Flash Info | Supreme Court Denies Bail of Two KSILA Youth Leaders

14 January 2025audio available

The Supreme Court this morning denied bail for Ream Sreypich Rothana and Thy Thorn, two vice-presidents of the Khmer Student Intelligent League Association (KSILA), upholding the decision of the Investigating Chamber of the Phnom Penh Appeal Court from 5 December 2024. The two youth activists, aged 23 and 24, are charged with "plotting" under Article 453 of the Criminal Code, which carries a prison sentence of up to 10 years if convicted.

Rothana and Thorn were arrested in August 2024 as part of a larger crackdown on over 100 people accused of expressing opinions or planning to assemble in reaction to the Cambodia-Laos-Vietnam Development Triangle Area (CLV-DTA), a regional cooperation agreement from which Cambodia has since withdrawn. In total, more than 60 people were charged and imprisoned during the crackdown.

Article | 2024: Faces & Stories of Activists Behind Bars

11 December 2024

A wave of detentions, arrests and imprisonments in 2024 affected political activists, unionists, students, environmentalists, human rights defenders and everyday Cambodians. Authorities relentlessly silenced people who criticised official policies, advocated for the environment and human rights, and expressed their views.

Flash Info | Youth and Student Group Members Denied Bail on Appeal

5 December 2024audio available

Five youth and student group members from the Khmer Student Intelligent League Association (KSILA) and Youth Resource Development Program (YRDP) were denied bail by the Phnom Penh Appeal Court in a private hearing this afternoon.

The five include KSILA vice-presidents Ream Sreypich Rothana and Thy Thorn, both 23-years-old; KSILA member Seun Sreymai, 21; and YRDP staffers Sak Kanika, 33, and Chheang Rithy, 36. They are each charged with plotting under Article 453 of the Criminal Code, and face up to 10 years in prison if convicted.

Flash Info | Social Commentator Ny Nak Convicted of Incitement, Defamation

21 November 2024audio available

The Phnom Penh Capital Court convicted Ny Nak of incitement to discriminate and defamation today, sentencing him to two years in prison for comments he made on social media about the government giving away land in Kampot province to a man named Heng Sour.

The 44-year-old outspoken social commentator was sent to pre-trial detention on 6 January 2024 for a Facebook post in which he questioned the Cambodian government's decision to allocate 91 hectares of land to Heng Sour, who Nak identified as the current minister of labour. Labour Minister Heng Sour, who is the plaintiff in the case, filed a complaint, claiming he was not the Heng Sour to receive the land. In addition to his prison sentence, Nak was ordered to pay a 3 million riel fine (around $750) and an additional 200 million riel (around $50,000) in compensation to the minister.

Article | More Than 60 Charged, Imprisoned Over CLV-DTA

16 September 2024audio available

Since 23 July 2024, more than 100 people have been arrested and more than 60 have been charged and imprisoned for posting on social media, planning to assemble, or expressing opinions about the Cambodia-Laos-Vietnam Development Triangle Area (CLV-DTA), a 20-year-old trade and cooperation agreement between the three neighboring countries.

The age of those detained and charged ranges between 16 and 70, including four minors under the age of 18. Most of those detained have been charged with “plotting an attack on the state”, which carries a sentence of 5-10 years in prison. Others are facing charges of “incitement to commit a felony”, which carries between 6 months and 2 years in prison, while several others face additional charges. They are being held in prisons across the country, many of which are severely overcrowded and struggling to provide people behind bars with basic services.

Flash Info | LRSU President Chhim Sithar Released from Prison

16 September 2024audio available

Chhim Sithar, president of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU), was released from prison early this morning after completing her two-year sentence on charges of incitement related to the ongoing peaceful strike by her union’s members. Sithar was driven home by officials from Correctional Center 2 (CC2) at approximately 4:30am.

Sithar was first violently arrested in January 2022 as she attempted to join hundreds of striking LRSU members in front of the Australian Embassy in Phnom Penh. She was released several months later, only to be re-arrested in November 2022 upon returning from a labour rights conference in Australia. Authorities claimed she was re-arrested due to violating judicial supervision conditions, although neither Sithar nor her lawyer had been informed of those conditions.

Flash Info | Five Opposition Members Detained; Teav Vannol’s Land Seized

31 July 2024audio available

Five opposition party members were arrested across two provinces in the last six days, while a Phnom Penh court confiscated three properties belonging to Candlelight Party President Teav Vannol in relation to his recent defamation conviction.

Two Candlelight and two Khmer Will Party members from Kampong Speu’s Basedth district were arrested between 26 and 30 July and sent to pretrial detention. Ouk Sovanchhorn, a Candlelight commune councillor; Tok Dara, Candlelight’s Basedth district chief; and Boun Sarom and Chaem Savoeun, both Khmer Will district councillors, were charged under various articles of the Criminal Code for conducting routine party work.

Flash Info | Candlelight President Convicted of Defamation, Owes $1.5 Million

25 July 2024audio available

Candlelight Party President Teav Vannol was convicted of defamation this morning and ordered to pay US$1.5 million in damages to the government for comments he made to the media in February 2024.

The presiding judge at the Phnom Penh Capital Court found Vannol, who was previously a senator with the Sam Rainsy Party, guilty of defamation under Article 305 of the Criminal Code. He was ordered to pay the Cambodian government 6 billion riel ($1.5 million) in compensation and 10 million riel (around $2,500) in fines.

Article | Repeat Defenders: Cambodian Activists Imprisoned More Than Once

24 June 2024

A wave of arrests this year has ensnared a number of activists who had previously been jailed in Cambodia’s notorious prisons, and re-engaged in their activism upon their release. This has led to a growing number of “repeat defenders” – human rights defenders and political activists who are currently serving a second or third prison sentence due to their peaceful activism.

Flash Info | Opposition Council Candidate Jailed; Heart Party Leader’s Verdict Upheld

15 May 2024audio available

The Battambang Provincial Court charged and sent a Khmer Will Party provincial council candidate to pretrial detention on Monday, less than two weeks prior to the 2024 provincial and district council elections. The same day, a jailed opposition party co-founder had his conviction upheld by the Supreme Court.

Phou Sovantha, a Khmer Will Party candidate for the upcoming Battambang provincial council election and a former Battambang party chief for the Candlelight Party, was arrested on Monday after he was summoned to the court. Sovantha was sent to pretrial detention the same day on charges of defamation and incitement following a complaint filed by a former colleague, who is now a member of the ruling party, about Sovantha’s posts on Facebook.

Additionally, the Supreme Court on Monday upheld the conviction of Seam Pluk, the co-founder of the Cambodia National Heart Party, and three other defendants on charges of forgery and use of forged documents. The Phnom Penh Capital Court had sentenced Pluk to 30 months in prison and a fine of 5 million riel (around $1,250) over allegations that Pluk forged documents containing thumbprints of supporters during the party’s abortive registration attempt, which was rejected by the Interior Ministry in 2021.

Flash Info | Social Commentator Ny Nak Jailed Over Facebook Post

6 January 2024audio available

Outspoken social commentator Ny Nak was sent to pre-trial detention by a Phnom Penh court this morning after being questioned on charges of incitement to discriminate and defamation on Friday.

Nak claimed the charges were filed due to a Facebook post in which he questioned the government’s decision to give away 91 hectares of land in Kampot province to an individual named Heng Sour. A local newspaper identified the land recipient as the current Minister of Labour Heng Sour, but that was later denied by the government. Nak is being held at Phnom Penh’s Correctional Center 1.

Nak said his arrest was due to a complaint filed by Sour over at least one of Nak’s social media posts, made on 17 December 2023, which asked, “What achievements has Heng Sour done for the Khmer nation, that the government gave him forest land as his personal property? RIP Khmer forests.”

Flash Info | Veng Sreng Shootings: Ten Years Without Justice

3 January 2024audio available

Around 100 people gathered at Solidarity House in Phnom Penh this afternoon to mark 10 years since the fatal violence that took place at the capital’s Veng Sreng Boulevard, when mixed government forces opened fire on striking workers, killing at least four and wounding 38. Khem Sophath, a child at the time, was shot and remains missing to this day.

The remembrance was attended by union, association and NGO leaders and members, and began with prayers by monks. Vorn Pao, president of the Independent Democracy of Informal Economy Association (IDEA), who was beaten and arrested in 2014 while observing a strike in front of the Yak Jin factory the day before the shootings, spoke at the event.

“The second of January was a tragic day… Before the police arrested us, they did not tell us about the charges and we could not meet with a lawyer. We were protesting for increasing the salary for the worker,” Pao said.

Article | “Why Haven’t the Authorities Protected Me?”

30 November 2023

The Cambodian government’s endorsement of alternative dispute resolution (ADR) in domestic violence cases – without ensuring access to courts and support services – is putting women’s and children’s lives at risk. Despite this, the government has now further entrenched this approach in a new Royal Decree.

Bopha and Sothy,* whose stories are shared with this article, are among these women. During this year’s 16 Days of Activism against Gender-Based Violence, LICADHO stands with them in demanding justice and safety.

Flash Info | Charges Against Forest Activists Dropped on Appeal

6 October 2023audio available

On 4 October 2023, the Tbong Khmum Appeal Court announced its verdict dropping all charges against five Ratanakiri forest activists, including Chhorn Phalla. Phalla is a long-time environmental activist who has been imprisoned since his arrest in September 2021. Chhorn Phalla was released today, after the prosecution confirmed that the Appeal Court’s decision would not be appealed.

Phalla had been sentenced to six years’ imprisonment in July 2022, while four other activists – Kham Masork, Sithan Nhan, Thvae Hok and Lat Branh, all of whom are Tampuon indigenous peoples – were sentenced to five years’ imprisonment, but were not imprisoned pending appeal. The charges relate to a 2017 meeting that the five men attended in an effort to protect their forests and land and raise awareness about illegal logging.

The five were previously convicted by the Ratanakiri Provincial Court, which alleged that they had “felled trees, encroached and cleared forest land, set forest fire, and bulldozed forestlands to claim ownership” contrary to Article 28 of the Criminal Code and Articles 56(4) and 62(1) of the Law on Natural Protected Areas.

Video | Complaint Mechanism for Affected MFI Borrowers

30 August 2023audio available

Today, LICADHO is introducing a mechanism for all Cambodians who wish to file a complaint about aggressive and predatory MFIs/banks.

Complaints can be made on behalf of anyone who has experienced harms and abuses in the microfinance sector. Such abuses might include coerced land sales, child labour, unwanted migration, hunger, threats and intimidation, and other harms.

Report | Debt Threats: A Quantitative Study of Microloan Borrowers in Cambodia

29 August 2023audio available

Equitable Cambodia (EC) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) today are releasing Debt Threats: A quantitative study of microloan borrowers in Cambodia’s Kampong Speu province. The report features findings from a survey of 717 households.

The research shows that widespread over-indebtedness has led to significant numbers of serious human rights abuses – including hunger, child labour, and coerced land sales – across Kampong Speu province. Borrowers are making unacceptable sacrifices to repay loans that are overwhelmingly collateralised with land titles, and that often far exceed borrowers’ incomes and ability to repay.

Media Album | Calls for Justice Continue Seven Years after Kem Ley’s Murder

10 July 2023

Citizens, political party representatives and civil society groups, including NGOs and activists, congregated today to mark the seventh anniversary of Kem Ley’s murder. They continue their call for a genuine and impartial investigation into his death to establish the truth and secure justice for him and his family.

Statement | Immediately Drop Charges Against 10 Koh Kong Land Activists; Release All Unconditionally

6 July 2023audio available

We, the undersigned, call for the baseless charges of incitement against 10 land activists from three communities in Koh Kong province to be immediately dropped, and for their unconditional release. These activists did nothing but peacefully raise concerns and speak out in defence of their land and fellow community members, but have been harassed and imprisoned for doing so.

The 10 activists were arrested and charged with incitement under Articles 494 and 495 of the Criminal Code on 29 June 2023. Nine of them are currently in pre-trial detention in Koh Kong provincial prison; one was released on bail with restrictive conditions. The charges followed their attempt to peacefully travel to Phnom Penh to submit a petition to the Ministry of Justice. If convicted, each activist faces up to two years in prison and a fine of up to 4 million riel (about US$1000).

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