LIBRARY

26 November 2024

The Appeal Court in Battambang upheld convictions against three Kuy Indigenous community members who were convicted in July for crimes related to the Law on Protected Areas.

Land activists San Sre and Breng Hing were convicted and sentenced to five years in prison for felling trees or encroaching on forest land, under Article 56 and 62 of the protected areas law. San Seth, Sre’s brother, was sentenced to one year in prison for obstructing environment officials. All prison sentences were suspended.

19 November 2024

The Phnom Penh Capital Court convicted three Samrong Tbong community members on Tuesday of obstructing authorities who wanted to demolish a small shop outside their house near the Boeung Tamok lake.

Kong Tue, Yorn Kimyoeun and Yorn Sambath were convicted of “obstruction of public officials” with aggravating circumstances under Article 504 of the Criminal Code. They were each sentenced to 6 months in prison and fined $250, with the prison sentences and fines suspended by the court. The three family members’ charges stemmed from an incident on 19 December 2023, in which authorities demanded they take down a grocery stall that they had constructed outside their house. The family refused and officials proceeded to demolish it.

7 November 2024

A community affected by a land conflict in Kratie province camped outside of the Ministry of Land Management, Urban Planning and Construction in the capital yesterday to call on authorities to resolve a dispute with Kasekam Youveakchun Svay Rieng Co. Ltd, a company which started clearing their land and crops in June of this year.

Around 30 community members, who represent 252 families in Kratie’s Sambor district, arrived in Phnom Penh on Wednesday and waited outside the ministry’s front gate to request meetings with government officials to submit a petition. Officials from Kratie province, including the deputy governor, met with them in Phnom Penh and asked them to return to the province, but community members insisted on sleeping outside the ministry in a makeshift camp using hammocks, mats and blankets until a solution was found.

14 October 2024

The Supreme Court this morning acquitted four members of the Srae Prang community who were convicted for “intentional damage” related to a long-standing land dispute with Harmony Win Investment rubber company in Tbong Khmum province.

Today’s verdict dropped the charges against Chhork Chhey, Khem Sokcheang, Pum Pich and Veun Ver following their appeal hearing on 7 October. Community members have advocated against the Chinese-owned Harmony Win Investment company, which has routinely blocked access to and cleared community farmland. This has resulted in ongoing protests and the imprisonment of at least four other community representatives.

16 August 2024

The Phnom Penh Capital Court yesterday convicted nine Samrong Tbong community members of intentional acts of violence and obstruction of a public official with aggravating circumstances under Articles 218 and 504 of the Criminal Code, with 2-year prison sentences that were fully suspended by the judge.

The charges stemmed from an incident on 1 October 2022, when the defendants Kong Tue, Phorn Sokhom, Prak Sophea, Say Sarith, Soeun Chamroeun, Soeun Sreysot, Tav Ny, and Yorn Kimyoeun attempted to reinforce a wooden door at Heng Meang’s home in order to improve security and protect her belongings. During this process, authorities told the defendants to stop, claiming that this activity was in violation of a construction ban. The defendants disagreed, leading to a dispute in which the authorities attempted to take down the door while the community members attempted to keep it up. Despite not being present at the time of the dispute, Heng Meang was convicted and received the same sentence as the other defendants.

18 July 2024

The Siem Reap Provincial Court this morning convicted three Kuy community members as part of a long-standing dispute with the Ministry of Environment and military over land within the Chub Saom Community Protected Area (CPA) inside the Kulen Promtep Wildlife Sanctuary.

In August 2023, Ministry of Environment officials, accompanied by local authorities and military officials, destroyed trees at the mango farm of two land activists, San Sre and Breng. The incident was live streamed by Sre’s brother, San Seth. A few weeks later, all three family members — who are Kuy and have been actively advocating for roughly 250 families’ land rights amid growing pressure from authorities — were told that criminal charges had been filed against them.

4 July 2024

The Phnom Penh Capital Court’s conviction and sentencing of 10 Mother Nature activists to 6-8 years in prison, and the arrest of five of them on 2 July 2024, is a shame for our nation. Silencing environmental defenders and characterising their peaceful advocacy as a threat to the state is a mockery of justice.

It is well past time for authorities to listen to and work with youth and environmental activists. Stop spending resources harassing, threatening and prosecuting the brave and passionate young people who are working to protect Cambodia’s most precious natural resources.

27 June 2024

Twelve Koh Kong land activists were convicted by a provincial court on incitement charges for attempting to travel to Phnom Penh in 2023 to petition authorities for a resolution to their long-standing land dispute.

The Koh Kong Provincial Court found all 12 defendants guilty of incitement on Wednesday and imposed a suspended sentence of six months in prison. The defendants are Det Huor, Heng Chey, Inn Thou, Lang Cheav, Phav Nheung, Seng Lin, Sok Chey, Soung Theng, Tith Tang, Yi Kunthea, Yoeut Khmao, and Rek Soeung.

In July 2023, the group of activists from three communities were stopped at Srae Ambel district in Koh Kong and prevented from reaching Phnom Penh to deliver a petition to Justice Minister Koeut Rith. A majority of the defendants — including Nheung, Lin, Heng Chey and Sok Chey — have also faced multiple charges in separate cases.

20 June 2024

Koet Saray, President of the Khmer Student Intelligent League Association (KSILA), was denied bail by the Phnom Penh Appeal Court this morning and transferred back to Correctional Centre 1 (CC1) prison.

Over a dozen youth activists gathered outside of the court in support of Saray, who has been imprisoned since his arrest in April 2024 on charges of incitement in relation to ongoing land conflicts in Preah Vihear province.

Saray is also charged with “committing a misdemeanour after sentencing for a misdemeanour,” due to previously being convicted of incitement in 2021 over a peaceful gathering calling for the release of then-imprisoned union leader Rong Chhun. This additional charge potentially doubles the sentence of the new incitement charge, meaning he faces up to four years in prison if convicted.

19 June 2024

Around 60 community members who are locked in a land dispute linked to an Economic Land Concession (ELC) in Kratie province travelled to Phnom Penh to petition authorities to stop a local company from clearing their land and crops.

Earlier this morning, the families from Sambor district rode in tuk-tuks across the capital and delivered petitions to the Ministry of Interior, Prime Minister’s Cabinet office, and the Land Management Ministry. Authorities had prohibited them from marching on foot to the three destinations.

The people, representing 1,318 families from two villages in Kratie, said a local company Kasekam Youveakchun Svay Rieng Co. Ltd was clearing their land and crops, which is within a previously-dormant ELC granted in 2009 to a Singaporean company named Kamadhenu Ventures (Cambodia).

10 May 2024

Police and district guards blocked a march of around 60 Samrong Tbong community members living next to Boeng Tamok lake in northern Phnom Penh. This morning, authorities were violent and shoved community members who were walking to the Prek Pnov district hall to meet officials after six families received eviction orders signed on 8 May to make way for road construction.

Around 60 police and district security guards cordoned off community members, pushed them back, were violent with some of the members and prevented the group from walking to the district hall. Residents were forced to return to their homes escorted by security forces.

Samrong Tbong community members have faced repeated police harassment, criminal charges and threats of eviction as the government has parcelled off and filled in large swathes of Boeng Tamok lake, giving plots of land to various government ministries, officials and well-connected individuals.

7 April 2024

Koet Saray, President of the Khmer Student Intelligent League Association (KSILA), was today sent to pre-trial detention at Correctional Centre 1 prison by an investigating judge at the at Phnom Penh Capital Court following charges of “committing a misdemeanour after sentencing for a misdemeanour” and “incitement to commit a felony” under Articles 88, 494, and 495 of the Criminal Code. The charges relate to ongoing land conflicts in Preah Vihear province.

On 6 April at around 3:30pm, police officers confirmed that Saray had been transported to the Phnom Penh Capital Court from the Phnom Penh Police Commissariat, where he had been held overnight following his arrest on 5 April at around 4:00pm by approximately 10 mixed uniformed and plainclothes police officers outside of KSILA’s office in Phnom Penh. Saray’s arrest followed an order issued by the Office of the Prosecutor at Phnom Penh Capital Court on 5 April to bring Saray to Phnom Penh Capital Police for questioning on “incitement to cause serious chaos to social security”.

One monk and around a dozen individuals from various youth groups and civil society organisations had been present at the Phnom Penh Police Commissariat on 6 April to monitor the situation. A few plainclothes police officers had also been deployed nearby, where they took photographs and videos and prevented human rights defenders from bringing food to Saray.

12 March 2024

Twenty-nine people were charged by the Preah Vihear Provincial Court on 8 March 2024 with “clearing forestland and enclosing it to claim for ownership” under Article 97(6) of the Law on Forestry. Four of the 29 people charged were released on bail, and the remaining 25 have been sent to pre-trial detention in Preah Vihear provincial prison. They include 13 men and 12 women.

The group was arrested earlier this month after mixed armed forces accompanied by forestry administration officials entered a disputed area with tractors intended to clear the land. Authorities fired live ammunition, used a smoke grenade, and arrested villagers.

The charges are the latest development in a longstanding land dispute involving Seladamex Co., Ltd., which affects families from Mrech, Srayang Tboung, and Kdak villages as well as families who have more recently migrated to the area. Seladamex was granted an Economic Land Concession in 2011 in Srayang and Phnum Tbaeng Pir communes in Kuleaen district.

6 March 2024

A group of mixed armed forces including gendarmes and police officers accompanied by forestry administration officials mobilised this morning to secure disputed land in Preah Vihear province, resulting in the use of live ammunition and arrests.

A number of villagers have reportedly been arrested and taken to Preah Vihear provincial capital. Their current location is unknown.

Villagers reported that mixed forces armed with automatic rifles had entered the area shortly before dawn, and were accompanied by tractors to clear the disputed land. Fearful of property destruction and forced evictions, villagers gathered to demand the forces leave the area. A confrontation ensued in which a video captured live ammunition being shot repeatedly by authorities as well as the use of a smoke grenade.

27 February 2024

Samrong Tbong Community members this morning reported injuries stemming from an altercation with authorities over the filling-in of the Boeung Tamok lake area in Phnom Penh. The lake has been parcelled off by the state and given away to politically connected institutions and individuals over the past several years.

Members of Samrong Tbong Community gathered at the area yesterday and this morning to protest the state’s excavation of the community’s land. Community members are facing legal complaints in at least four cases that have been opened since 2022 due to their land activism.

26 February 2024

The Supreme Court this morning overturned the convictions of two land activists from the Boeung Kak Lake Community. The activists, 83-year-old Nget Khun (also known as Yeay Mommy) and 58-year-old Cheang Leap, had been convicted by two lower courts of making death threats in March 2012.

Members of Phnom Penh’s Boeung Kak Lake Community faced a prolonged dispute after the government leased the lake to a private company in 2007. Community members were routinely imprisoned and convicted for defending their homes and speaking out against the forced evictions.

The charges related to an incident in which papers printed with death threats against former community member Ly Mom were found scattered outside her home. Ly Mom filed complaints against six Boeung Kak Lake Community members, including Khun and Leap. The six women maintained that they were not responsible for the threats.

22 February 2024

The Phnom Penh Appeal Court this morning upheld the 2021 decision of the Kampong Chhnang Provincial Court convicting three Lor Peang Community members of “obstruction of public official” and “intentionally causing damage” as part of a long-running land conflict. The three community members are Nhem Nhuen (also known as Snguon Nhuen), Reach Seima and Pul Sorn.

Lor Peang Community has resisted community members’ land being encroached by KDC International, a company owned by Chea Kheng, the wife of former Minister of Mines and Energy Suy Sem. The charges stem from an incident in 2013, when KDC International began establishing borders over the disputed land in Kampong Chhnang province. Members of Lor Peang Community arrived at the site to protest, during which a temporary security guard hut was destroyed.

Almost eight years later, the provincial court convicted the three Lor Peang Community members under Articles 503 and 410 of the Criminal Code. All received suspended sentences of 2 years and 6 months and were ordered to pay compensation of 2.8 million riel (approximately US$700), a decision that was today upheld by the Appeal Court.

16 February 2024

The Tbong Khmum Appeal Court yesterday suspended a two-year prison sentence given to four Srae Prang Community members, who were accused of intentional damage for blocking a private company from clearing their land.

The four community members are part of group of nine defendants who are alleged to have blocked machinery belonging to Harmony Win Investment Co. Ltd. from clearing their land in 2017 and 2020. They were convicted of intentional damage and sentenced to two years in prison in 2021 by a provincial court. The Tbong Khmum Appeal Court upheld the verdict in 2022, but the Supreme Court sent the case back to the appeal court in August 2023.

On Thursday 15 February 2024, the appeal court upheld the sentences of the four community members and suspended their two-year prison sentences. The community members are Chhork Chhey, Khem Sokcheang, Pum Pich and Veun Ver.

19 December 2023

The Preah Sihanouk Appeal Court this morning upheld the defamation convictions of two Koh Kong land activists, Phav Nheung and Seng Lin, under Article 305 of the Criminal Code. The court also dropped incitement charges under Articles 494 and 495 against them, partially upholding the decision of the Koh Kong Provincial Court from August.

Nheung and Lin were the target of a complaint launched by Chhay Vy, a former community representative whom the women had accused in 2019 of seizing land. The activists were each fined 4 million riel (approximately US$1,000) and ordered to pay 40 million riel (approximately $10,000) in compensation to Vy.

Both Nheung and Lin were jailed in pre-trial detention between 30 June and 6 October this year over the incitement charges, with Nheung detained alongside her infant son.

6 October 2023

Two Koh Kong land activists, Phav Nheung and Seng Lin, were released from Koh Kong provincial prison today, after the Preah Sihanouk Appeal Court yesterday ordered the release of the detained women from pre-trial detention.

The Koh Kong Provincial Court in August sentenced both women to one year’s imprisonment and to pay 40 million riel (approximately US$10,000) after finding them guilty of defamation and incitement under Articles 494, 495, and 305 of the Criminal Code. Both were the target of a complaint launched by former community representative Chhay Vy, whom the women had accused in 2019 of seizing land.

Both Nheung and Lin had been in pre-trial detention since 30 June 2023, following their arrest on 29 June. Nheung’s almost two-year-old son had been living in prison with his mother since.