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Article: Cambodia Civil Society Restrictions Still in Place on Human Rights DayPublished on 10 December 2018
Phnom Penh municipality banned a Human Rights Day march planned for this morning but celebrations went ahead nonetheless amid a heavy police presence at a government-approved location four kilometres from the city centre. Security forces wearing crash helmets outnumbered participants and cordoned off the square.
Several hundred garment workers, farmers, teachers, trade unionists, community representatives and youths attended the event organised by trade unions and associations at the so-called “new” Freedom Park in Russey Keo district. The municipality threatened legal action if the organisers went ahead with a march affecting “security and public order”, despite the fact that 10 December is an annual public holiday with far less traffic in the city.
Despite recent government declarations about the lifting of restrictions on civil society groups, authorities continued to restrict the movements of communities across the country, preventing them from gathering in public, demanding letters of permission and dictating where they could meet.
Published on 7 December 2018
To mark the international campaign 16 Days of Activism Against Gender Based Violence (25 November – 10 December) LICADHO is highlighting women land campaigners and human rights defenders (HRDs) who face state violence in Cambodia.
At least a half a million Cambodians have lost their land and homes in forced evictions over the last two decades and women have been at the forefront of peaceful protests demanding justice and fair compensation. Their activism has often been met with violent attacks by security forces as well as judicial harassment and arbitrary detention.
Over the 16 days, we are publishing profiles of women who – despite many hardships – continue to speak out in solidarity with others to demand justice.
Sor Sorn (58) has faced repeated harassment, arrests and detentions for protesting against the violent forced eviction of Borei Keila community in Phnom Penh.
Published on 5 December 2018
To mark the international campaign 16 Days of Activism Against Gender Based Violence (25 November – 10 December) LICADHO is highlighting women land campaigners and human rights defenders who face state violence in Cambodia.
At least a half a million Cambodians have lost their land and homes in forced evictions over the last two decades and women have been at the forefront of peaceful protests demanding justice and fair compensation. Their activism has often been met with violent attacks by security forces as well as judicial harassment and arbitrary detention.
Over the 16 days, we are publishing profiles of women who – despite many hardships – continue to speak out in solidarity with others to demand justice.
Um Sophy (39) has faced serious harassment, multiple criminal cases and even lost her job as a teacher as a result of her tireless activism to defend her community’s land against a politically connected company.
Published on 29 November 2018
To mark the international campaign 16 Days of Activism Against Gender Based Violence (25 November – 10 December) LICADHO is highlighting women land campaigners and human rights defenders who face state violence in Cambodia.
At least a half a million Cambodians have lost their land and homes in forced evictions over the last two decades and women have been at the forefront of peaceful protests demanding justice and fair compensation. Their activism has often been met with violent attacks by security forces as well as judicial harassment and arbitrary detention.
Over the 16 days, we are publishing profiles of women who – despite many hardships – continue to speak out in solidarity with others to demand justice.
Phav Nheung (39) has been at the forefront of a decade-long struggle to secure land for hundreds of farmers in Koh Kong province, braving harassment, threats, and detention because of her activism on behalf of her community.
Published on 26 November 2018
To mark the international campaign 16 Days of Activism Against Gender Based Violence (25 November – 10 December) LICADHO is highlighting women land campaigners and human rights defenders (HRDs) who face state violence in Cambodia.
At least a half a million Cambodians have lost their land and homes in forced evictions over the last two decades and women have been at the forefront of peaceful protests demanding justice and fair compensation. Their activism has often been met with violent attacks by security forces as well as judicial harassment and arbitrary detention.
Over the 16 days, we will publish short profiles of women who – despite many hardships – continue to speak out in solidarity with others to demand justice.
We start with Tep Vanny (38), who has been at the forefront of Boeung Kak Lake community’s fight against forced evictions in Phnom Penh as well as being a fervent defender of human rights.
Published on 5 October 2018
Cambodia’s new repressive lèse majesté law was used for the first time yesterday to convict a former opposition party official who was handed a one year sentence.
Ban Somphy, a 70-year-old barber and former district leader of the Cambodia National Rescue Party (CNRP), was detained on 20 May 2018. He was accused of sharing a Facebook post allegedly criticising King Norodom Sihamoni which included a picture of Prime Minister Hun Sen and his wife and a video of angry villagers affected by flooding.
He was sentenced by Siem Reap provincial court under Criminal Code article 437 bis which was amended by the National Assembly in February amid strong opposition from civil society groups who warned that it would be used to silence government critics.
The law was introduced along with a series of vaguely phrased constitutional amendments targeting the opposition and civil society, including making “any activity” that directly or indirectly “affect[s] the interests” of Cambodia or its citizens” illegal.
Somphy has already spent four months in pre-trial detention. Five months of his one-year sentence was suspended, meaning he will remain in jail for a further three months.
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Published on 1 October 2018
At least two communities have been prevented from celebrating the United Nations’ World Habitat Day by Cambodian authorities and others have cancelled events out of fear of reprisals.
More than 2,000 people in at least 30 communities nationwide have planned events to raise awareness of this year’s theme – “municipal solid waste management” – as well as the annual theme: the right to housing. Activities are taking place between 28 September and 5 October 2018, many of them in communities affected by land grabbing and forced evictions or threatened by new developments.
According to the UN, World Habitat Day (WHD) is an opportunity to “reflect on the state of our towns and cities, and on the basic right of all to adequate shelter”.
Published on 1 October 2018
A defamation conviction against former human rights worker Ny Chakrya was rejected and referred back to the Appeal Court for re-trial this morning due to insufficient evidence. The case marks the first use of a repressive penal code article criminalising criticism of judicial decisions.
The former Cambodian Human Rights and Development Association (ADHOC) staffer – and current Deputy Secretary-General of the National Election Committee – was convicted to six months in prison and fined six million riel (US$1,500) by Phnom Penh Municipal Court on 22 September 2016. He was found guilty of defamation, malicious denunciation and unlawfully coercing judicial authorities (Articles 305, 311 and 522 of the Cambodian Criminal Code).
Chakrya was charged following a complaint by an investigating judge and a deputy prosecutor at Siem Reap Provincial Court over comments he allegedly made at two ADHOC press conferences in May 2015 regarding a land dispute case and the jailing of two victims of land rights violations.
His conviction was upheld by the Appeal Court on 15 December 2016.
The Supreme Court has now ruled that both lower courts failed to prove that Ny Chakrya had actually made the alleged comments.
There were several other discrepancies in the trial process. The civil parties and their lawyers were not present at the Supreme Court trial, denying the defendant the right to confront his accusers directly, as was the case at the municipal court. Ny Chakrya’s right to prepare and conduct his defence at Phnom Penh Municipal Court and the Appeal Court was also hampered as he was held in pre-trial detention at the time, accused of being an accomplice to bribery in a separate politically-motivated case.
Civil society groups objected to the addition of Article 522 (“Publication of commentaries intended to unlawfully coerce judicial authorities”) in the penal code in 2010 on the grounds that it violates freedom of speech and criminalises legitmate advocacy work of civil society groups supporting judicial reforms.
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Published on 26 September 2018
Four staffers from the Cambodian Human Rights and Development Association (ADHOC) and a National Election Committee (NEC) official were convicted today at Phnom Penh Municipal Court on bribery charges linked to a case against former opposition leader Kem Sokha.
The four ADHOC staffers – Lim Mony, Ny Sokha, Yi Soksan and Nay Vanda – and NEC official Ny Chakrya, were handed five year suspended sentences by a panel of three judges. The time already served by the five during their pre-trial detention was included in the sentencing and the remaining time was suspended, meaning they will not return to prison.
Published on 26 September 2018
Ny Chakrya, a former human rights worker, was tried by the Supreme Court this morning on charges of defamation, malicious denunciation and for comments intended to unlawfully coerce judicial authorities.
The former Cambodian Human Rights and Development Association (ADHOC) staffer and current Deputy Secretary-General of the National Election Committee was convicted by Phnom Penh Municipal Court on 22 September 2016, under Articles 305, 311 and 522 of the Cambodian Criminal Code following a complaint by an investigating judge and a deputy prosecutor at Siem Reap Provincial Court.
The complaint referred to alleged comments he made at a two ADHOC press conferences in May 2015 calling for an investigation into legal irregularities around the handling of a land dispute and for the release of two jailed victims of land rights violations.
The civil parties and their lawyers were not present at the Supreme Court trial, denying the defendant the right to confront his accusers directly, as was the case at the municipal court. Ny Chakrya’s right to prepare and conduct his defence for the initial court hearing and at the appeal court was also undermined as he was held in pre-trial detention at the time on charges of acting as an accomplice to bribery in a separate politically motivated case.
The verdict will be announced on 1 October 2018 at 8 am.
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Published on 18 September 2018
Four human rights workers and a national election official faced trial today at Phnom Penh Municipal Court on bribery charges linked to a case against former opposition leader Kem Sokha.
Cambodian Human Rights and Development Association (ADHOC) staffers – Lim Mony, Ny Sokha, Yi Soksan and Nay Vanda – and National Election Committee (NEC) official Ny Chakrya were questioned about their dealings with Khom Chandaraty.
Chandaraty, the plaintiff and key witness in the trial, was not present in court and statements were read out for just two out of seven other absent witnesses which made cross-examination impossible. No credible evidence was presented by the prosecution.
The four ADHOC staffers are charged under Article 548 of the Criminal Code for “bribery of a witness”. NEC official and former ADHOC staff member Ny Chakrya stands accused of being an accomplice to the alleged crime, under Articles 548 and 29.
The five human rights defenders previously spent 14 months in pre-trial detention in Phnom Penh – a detention deemed arbitrary by the UN Working Group on Arbitrary Detention – before being released on bail in June 2017. Their arrests were part of an intense and ongoing crackdown on civil society organisations and human rights defenders.
If convicted, they face between five and ten years in prison.
A verdict will be announced at 2.30 pm on 26 September 2018.
Published on 17 September 2018
Police in Svay Rieng shut down a workshop on chicken farming held by a national farmers’ association on Monday morning claiming that it had not been approved by local authorities.
The Coalition of Cambodian Farmer Community (CCFC) had organised the training workshop on ecological chicken-raising for 30 families in Romeas Hek district and said it had correctly informed commune and village authorities.
Local authorities have shut down about a dozen gatherings organised by the CCFC over the last year, including training workshops, a community development forum and an International Womens’ Day celebration, claiming the group had failed to obtain permission. It was the second time a chicken-raising workshop was shut down in Romeas Hek district.
The CCFC supports farmers’ efforts to improve their livelihoods and advocate for their interests and has been repeatedly targeted as part of a crackdown on civil society.
In March, police questioned CCFC staff in Takeo province on alleged links to the Cambodia National Rescue Movement, a group set up by members the former opposition CNRP in exile overseas. In April, an op-ed in government-aligned Fresh News accused the group and its president, Theng Savoeun, of orchestrating “colour revolution” activities.
Published on 10 September 2018
Former opposition leader Kem Sokha – who has been imprisoned without trial for over a year– was released under judicial supervision this morning and put under effective house arrest.
The court order signed by Investigating Judge Ky Rithy released Sokha on bail but stipulated that he could not leave the immediate vicinity of his address in Phnom Penh. Other strict and unprecedented restrictions were also imposed.
The 65-year old leader of the disbanded Cambodia National Rescue Party (CNRP) is banned from meeting former CNRP members, anyone involved in his case, or any foreign nationals and cannot engage in any political activity.
At a Supreme Court bail hearing last month, Presiding Judge Kung Srim rejected defence claims that Kem Sokha needed medical care which was not available in the remote CC3 prison and said it was “reasonable” to deny bail in order to “maintain peace and stability”.
Sokha has been detained since 3 September 2017 and charged with treason under article 443 of the Criminal Code for “conspiring with a foreign power”. No credible evidence has been made public.
The CNRP was dissolved by the Supreme Court in November 2017 at the request of the government, using a recently adopted and repressive law governing political parties.
Published on 31 August 2018
Australian filmmaker James Ricketson was found guilty of espionage by Phnom Penh Municipal Court this morning and sentenced to six years in jail.
Despite a lengthy seven-day trial, no credible evidence of spying was produced. The evidence and testimonies also did not show which country he was accused of spying for, although this question was raised by the defence.
The 69 year old was arrested in Phnom Penh in June 2017, shortly after he flew a drone over an opposition party election rally.
Ricketson has been held for almost 15 months in pre-trial detention in the overcrowded Prey Sar (CC1) prison.
He was convicted on espionage charges for “collecting information prejudicial to national defence” under article 446 and article 439 of the Criminal Code.
Published on 24 August 2018
This morning Boeung Kak Lake activist Tep Vanny and five other members of the community were found guilty of making a “death threat” against a former community member. They were each given six-month suspended sentences. Another charge of “public insult” was dropped by Phnom Penh Municipal Court.
The case was revived in late 2016, despite the plaintiff, Ly Mom, having dropped her March 2012 complaint in October 2016.
The trial of Tep Vanny, Nget Khun, Cheang Leap, Kong Chantha, Tol Sreypov and Heng Mom began in July 2017 but was suspended by the judge when prosecution witnesses failed to appear in court.
Today, the hearing resumed in the presence of four defendants – Tep Vanny, Nget Khun, Kong Chantha and Cheang Leap – with two defendants and five witnesses absent from the proceedings.
About 20 members of Phnom Penh communities and civil society groups gathered outside the court this morning in a show of solidarity.
The group was charged with making a “death threat” under Article 233 of the Criminal Code, and sentenced to six months in prison, which has been suspended. The charge of “public insult” under Article 307 was dropped at the request of the prosecutor.
Tep Vanny was released from prison on Monday after receiving two pardons – one for a 30-month sentence she was serving in Correctional Center 2 and for another six-month conviction. Her release coincided with the release of political analyst Kim Sok who had finished his sentence last Friday and former Radio Free Asia journalists Uon Chhin and Yeang Sothearin who were released on bail on Tuesday.
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