LIBRARY

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.

29 May 2024

The trial of 10 environmental activists from the Mother Nature Movement on charges of plotting and insulting the king began this morning at the Phnom Penh Capital Court. The activists face up to 10 years in prison if convicted.

The environmental activists include Yim Leanghy, Sun Ratha, and Alejandro Gonzalez-Davidson, who are charged with insulting the King and plotting under Articles 437-bis and 453 of the Criminal Code. The remaining seven are charged with plotting, and are Thun Ratha, Long Kunthea, Phuon Keoraksmey, Ly Chandaravuth, Minh Piseth, Rai Raksa, and Pork Khoeuy.

Present at the hearing today were Leanghy, Thun Ratha, Chandaravuth, Keoraksmey and Kunthea. All the activists were dressed in mourning outfits of all-white, and after the hearing gathered with supporters and spoke to media in front of the court.

29 May 2024

Around 30 workers gathered outside the Kampong Speu Provincial Court this morning to hold banners and call for the immediate release of Chea Chan, a union leader with the Cambodian Alliance of Trade Unions (CATU) who has been imprisoned since February 2024.

Chan faces between 3 and 10 years in prison on charges of theft with aggravating circumstances, charges that the union has said are judicial abuse intended to stifle freedom of association. Chan served as the president of the union at Wing Star Shoes factory, and was unanimously voted to be the factory’s union president shortly before his arrest. He had reported receiving threats prior to the vote warning him against forming a union in the factory.

Chan is one of at least three imprisoned unionists in Cambodia. Chhim Sithar, president of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU), has been imprisoned since November 2022. Morm Rithy, president of the Cambodian Tourism and Service Workers’ Federation, was jailed earlier this month prior to an internal union vote.

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.

9 May 2024

The president of the Nation Power Party was arrested at the Phnom Penh International Airport this morning on an order to appear for questioning at the Internal Security department as he was returning from a trip meeting supporters in Japan.

Sun Chanthy was arrested by police this morning at 9 a.m., according to a police statement, which adds that Chanthy was being questioned on the charge of “incitement to disturb social security,” which falls under Article 495 of the Criminal Code.

A separate document from the Phnom Penh prosecutor’s office dated 7 May instructs police to arrest Chanthy and produce him at Phnom Penh police’s Internal Security department. The document was signed by prosecutor Chreung Kmao on the same day the Nation Power Party (NPP) posted a video on its Facebook page of Chanthy addressing party supporters in Japan.

8 May 2024

Morm Rithy, the vice-president of the Cambodian Labour Confederation (CLC), was arrested last night outside of the confederation’s offices, after he was convicted in absentia of incitement and discrediting judicial decisions and sentenced to 18 months in prison early Tuesday.

In addition to serving as the vice-president of CLC, Rithy, 35, is the head of the Cambodian Tourism and Service Workers’ Federation. His conviction relates to a 24 February 2022 Facebook video in which the union leader was critical of an arrest of a member of his federation at Jinbei Casino in Sihanoukville.

The verdict was announced without Rithy or his lawyer present, as his lawyer had requested a delay in the trial due to a scheduling conflict. The court found Rithy guilty of incitement under Articles 494 and 495 of the Criminal Code, as well as “Discrediting a Judicial Decision” under Article 523, and fined him two million riel (US$500).

6 May 2024

We, the undersigned civil society groups, unions and confederations, are dismayed by the Supreme Court’s unjust decision last week to uphold convictions against current and former members of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU). Authorities and courts have repeatedly failed to provide justice to LRSU activists. They must release union president Chhim Sithar from prison immediately and restore the freedoms of all defendants in this case.

On the morning of 3 May, the Supreme Court upheld convictions against eight current and former LRSU members, who were previously sentenced by the Phnom Penh Capital Court to prison sentences ranging from one to two years. Of the eight defendants, LRSU President Chhim Sithar is in prison serving a two-year sentence, and five other defendants are at risk of being immediately imprisoned. The five defendants — Chhim Sokhorn, Hay Sopheap, Kleang Soben, Sun Srey Pich and Touch Sereymeas — were sentenced by the Phnom Penh Capital Court to 18 months in prison.

3 May 2024

The Supreme Court this morning upheld the convictions of current and former casino union members, prolonging the incarceration of LRSU President Chhim Sithar.

The four-judge panel delivered its verdict the morning of 3 May upholding convictions for eight defendants. Their sentences range from two years to one year in prison, with Sithar being the only defendant currently serving her two-year sentence.

While Sithar is expected to be released later this year once she completes her sentence, today’s verdict puts five of the defendants at risk of immediate imprisonment. The five defendants — Chhim Sokhorn, Hay Sopheap, Kleang Soben, Sun Srey Pich, and Touch Sereymeas — were given 18-month prison sentences by the Phnom Penh Capital Court.

1 May 2024

Federations, unions, workers and civil society groups across Phnom Penh celebrated International Labour Day on Wednesday.

Events were held outside the Ministry of Labour and Vocational Training, near Wat Phnom and the National Assembly in Phnom Penh.

Union leaders and workers spoke about the progress they have made in the labour movement but warned against the criminalisation of unions, persecution of labour activists, and the recent regression in the workers' rights, their right to advocate for their peers and fair wages and work conditions.

1 May 2024

We stand strong with workers in Cambodia and across the world, and join them in the fight for better working conditions, fair contracts and wages, and respect and dignity for all kinds of labour.

To mark International Labour Day 2024, LICADHO, partner civil society groups and unions are releasing a video to highlight the achievement and challenges faced by the workers’ rights movement in Cambodia, and to acknowledge the contributions and sacrifices of labour activists and unionists, such as Chea Vichea.

We stand together with Cambodian unions in the ongoing fight for justice and labour rights.

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

We, the undersigned, are disappointed by the actions of the Sangkat Nirouth Police Station in Khan Chbar Ampov, Phnom Penh, which ordered the owner of Champei Garden Restaurant to stop displaying photographs that were part of an exhibition by Sahmakum Teang Tnaut (STT). The authorities provided no reason or justification for their actions.

The topic of the photo exhibition was Housing and Life , and it had opened on 25 February 2024. It aimed to highlight the ongoing concerns and challenges facing Cambodia’s urban poor communities, with the purpose of finding solutions.

8 March 2024

Around 2,000 people gathered across Phnom Penh and multiple provinces including Banteay Meanchey, Battambang, Kampong Chhnang, Kampong Thom, Kampong Speu, Kampot, Koh Kong, Kratie, Preah Vihear, Pursat, Svay Rieng, Stung Treng, and Tbong Khmum to celebrate International Women’s Day 2024. Between 3 March and 8 March, land and Indigenous community members, labour rights activists, youths, children, local authorities, INGOs and local NGOs joined events to give speeches, march together, join discussion forums, sing songs, and share solidarity meals.

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.

27 February 2024

The Phnom Penh Appeal Court this morning upheld a lower court verdict finding Candlelight Vice President Thach Setha guilty of incitement, which imposed the maximum sentence of three years in prison as well as a fine of 4 million riel (about US$1,000). Setha was convicted on the basis of a speech he gave to supporters of the former Cambodia National Rescue Party (CNRP) during a visit to South Korea on 8 January 2023.

Setha was convicted by the Phnom Penh Capital Court on 18 October 2023 of incitement to commit a felony and incitement to discriminate under Articles 494, 495 and 496 of the Criminal Code. This is the second instance in which convictions against Setha were upheld by the Appeal Court in recent months. In January 2024, the Phnom Penh Appeal Court upheld the finding of guilt on a different charge of irregular financial payments, as well as the sentence of 18 months in prison plus fines and compensation. Setha has been in detention for 407 days, since his arrest in January 2023 regarding the charge of irregular financial payments.

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.

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.

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.