Latest Flash Info & Articles

Flash Info: Cambodia Daily Defamation Case Underway
Published on 22 March 2018audio available

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.

Krisher-Steel was not present at the hearing. She was represented by her lawyer while a representative from GDT gave evidence as a civil plaintiff. Judge Seng Neang suspended the hearing to allow for the translation of key evidence into Khmer.

The trial will resume on 12 April 2018.

Flash Info: Former RFA journalists denied bail
Published on 16 March 2018audio available

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.

They have been charged under Article 445 of the Criminal Code which covers providing information to foreign states or agents which can “undermine national defence”. If convicted they face prison sentences of between 7 and 15 years. No trial date has been set.

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Flash Info: Farmers call for resolution of decade old land grab disputes
Published on 12 March 2018audio available

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.

The march took place just four days after security forces in the north eastern province of Kratie open fired on farmers protesting a forced eviction at an Economic Land Concession, wounding several. Eight farmers were arrested.

Flash Info: International Women’s Day Celebrated by Communities
Published on 8 March 2018audio available

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.

One community event planned in Tboung Khmum province was stopped by police and local authorities.

Flash Info: Koh Kong communities protest sugar land concessions
Published on 6 March 2018audio available

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.

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Flash Info: Supreme Court Upholds Tep Vanny Conviction
Published on 7 February 2018audio available

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.

Vanny’s defence sought to overturn the two years and six months’ sentence as well as fines and compensation to two para-police plaintiffs amounting to 14 million riel ($3,500). Since her arrest on 15 August 2016 (her pre-trial detention officially began four days later), Tep Vanny has spent 541 days behind bars.

The verdict today relates just one of three historic cases which were re-activated in August 2016 while Vanny was awaiting trial on separate charges over a Black Monday protest for the release of five human rights defenders.

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Flash Info: Mother Nature Activists Convicted by Koh Kong court
Published on 26 January 2018audio available

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.

Shortly before their arrest on 12 September 2017, the environmental activists had filmed cargo ships suspected of transporting illegally dredged sand. They recorded the footage from a boat in open waters. For a recording to be a violation of privacy under Cambodian law it must include a person’s image, taken without permission while on private property.

Kundy and Vannak are recognised by Amnesty International as Prisoners of Conscience. As they have been held in pre-trial detention since their arrest, the pair are expected to be released within weeks.

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Flash Info: Mother Nature Activists Await Court Verdict
Published on 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).

Three other Mother Nature activists were arrested while campaigning against illegal sand dredging in August 2015 and sentenced to 18 months in prison. The group’s co-founder Alejandro Gonzalez-Davidson, a Spanish national, was arrested and deported in February 2015.

Kundy and Vannak are recognized by Amnesty International as Prisoners of Conscience.

The court will announce the verdict tomorrow, 26 January 2018.

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Flash Info: Civil society groups call for justice for slain trade union leader
Published on 22 January 2018audio available

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.

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Flash Info: Equitable Cambodia Defamation Convictions Quashed
Published on 12 January 2018audio available

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.

As in the first instance trial, the prosecutor said at the appeal hearing that there was insufficient evidence to substantiate the charges. Cambodia’s Criminal Code (Article 305) defines defamation as an “allegation or charge” made in bad faith which is stated or circulated publicly, harming a person’s reputation.

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Flash Info: Borei Keila Commemorate Sixth Anniversary of Forced Eviction
Published on 3 January 2018audio available

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.

Hundreds of families were forced to move to re-location sites far outside the city which lacked proper sanitation, services and access to schools and employment. Some returned and continue to live in dilapidated conditions while petitioning authorities for a just settlement.

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Flash Info: Equitable Cambodia Defamation Convictions Reviewed
Published on 22 December 2017audio available

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.

The warning was issued privately after a staff evaluation. Cambodia’s Criminal Code (Article 305) defines defamation as an “allegation or charge” made in bad faith which is stated or circulated publicly, harming a person’s reputation. Nonetheless, the three were convicted by Phnom Penh Municipal Court on 22 August 2016 and ordered to pay fines and damages.

The Appeal Court verdict will be announced at 8am on 12 January 2018.

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Flash Info: Communities Celebrate International Human Rights Day
Published on 10 December 2017audio available

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.

International Human Rights Day is celebrated every year to mark the signing of the Universal Declaration of Human Rights, adopted by the United Nations on 10 December 1948.

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Flash Info: Supreme Court Upholds Convictions of Boeung Kak Lake Activists
Published on 8 December 2017audio available

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.

The convictions – under Articles 502 and 504 of the Criminal Code – related to a 2011 land protest outside Phnom Penh city hall. Lawyers and witnesses for the plaintiff did not appear in court at the hearing on 24 November 2017. As in earlier court hearings on this case insufficient evidence was presented to meet the legal standards for proof.

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Flash Info: Supreme Court Considers Boeung Kak Lake Case
Published on 24 November 2017audio available

This morning the Supreme Court considered the conviction of four Boeung Kak Lake activists – Tep Vanny, Kong Chantha, Bov Chhorvy and Heng Mom – on charges of "insult [of a public official]" and "obstruction of a public official with aggravating circumstances".

If the verdict is upheld, they face six-month prison sentences – under Articles 502 and 504 of the Criminal Code – related to a 2011 land rights protests outside Phnom Penh city hall. Tep Vanny has been in detention since 15 August 2016 and is appealing another protest-related conviction.

Lawyers and witnesses for the plaintiff did not appear in court which meant cross-examination was not possible.

The verdict will be announced on 8 December 2017.

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