LIBRARY

15 May 2024

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.

6 January 2024

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.”

3 January 2024

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.

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.

6 October 2023

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.

30 August 2023

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.

29 August 2023

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.

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.

6 July 2023

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).

30 June 2023

At least nine land activists from four communities in Koh Kong province were arrested on 29 June 2023 and charged with incitement under Articles 494 to 495 of the Criminal Code for attempting to submit a petition to the Ministry of Justice.

On 29 June 2023, authorities blocked land community members in Sre Ambel district from travelling to Phnom Penh to deliver their petition. Community representatives from four land communities were questioned, after which 11 of the activists remained in custody and were transferred to Koh Kong provincial police station in Khemarak Phoumin town. The land activists were held overnight, in addition to the six-year-old child and 18-month-old baby of two of the activists, both of whom slept at the police station alongside their mothers. The six-year-old child’s father was called to collect the child this morning, when the 11 activists were transferred to the Koh Kong provincial court. Ten were ordered to be held in pre-trial detention in Koh Kong prison. Other community members were prevented from gathering outside the court in support of their representatives.

Around 100 community members had planned to travel to the capital yesterday to submit a petition asking Minister of Justice Koeut Rith to intervene for charges to be dropped against 30 land activists from five communities. Four vans were initially prevented by police from travelling that morning, with only one van able to continue to Phnom Penh.

28 June 2023

We, the undersigned organisations, call on the Cambodian and Italian governments to immediately halt the reopening of intercountry adoptions. Cambodia has not enacted safeguards that will sufficiently protect the best interests of the child or prevent reoccurrences of the severe fraud and corruption that marked intercountry adoptions in the past.

Multiple countries banned intercountry adoptions from Cambodia throughout the 2000s following widespread evidence of illegal and unethical practices. These included Cambodian authorities and orphanage staff falsifying documents to declare some children orphaned or abandoned, often altering their names and birthdates. Children were then adopted abroad without their parents’ knowledge or informed consent. As a result, Cambodia itself suspended intercountry adoptions in 2009.

19 June 2023

The Supreme Court this morning denied bail to opposition leader Thach Setha, upholding the decision of the Phnom Penh Municipal Court.

Thach Setha is the vice president of the Candlelight Party and was charged with incitement to commit a felony and incitement to discriminate under Articles 494, 495, and 496 of the Criminal Code in April 2023. The charges stemmed from comments made to Cambodian migrant workers abroad, and he was ordered to be held in pretrial detention.

The 70-year-old opposition leader appealed, arguing that judicial supervision conditions would be sufficient and that his health conditions could not be adequately treated in prison. However, the order of pretrial detention was upheld by the Appeal Court in May 2023.

1 June 2023

On Children’s Day 2023, amid a soaring number of minors detained behind bars, LICADHO calls on the Cambodian government, including the Ministry of Justice, Ministry of Interior and courts, to immediately address the ongoing crisis of children unnecessarily growing up in Cambodia’s inhumane prisons.

The number of minors detained in the 19 prisons monitored by LICADHO has soared by more than 30% over the last year according to information provided by prison administrations, reaching 1,658 minors in April 2023. More than 96% of them are boys, 52% of them were in pre-trial detention, and a further 37% were awaiting a final verdict.

26 April 2023

Youth members from Mother Nature Cambodia today led a commemorative walk and ceremony to mark the murder of environmental activist Chut Wutty, who was shot dead in 2012 whilst accompanying two journalists on a patrol of protected forest in Koh Kong province. Military police officer In Rattana, who was also fatally shot on the same day as Wutty, was blamed for the killing after a flawed investigation.

Around 25 youths from Mother Nature, the Cambodian Youth Network, and the Khmer Student Intelligent League Association this morning gathered at Botumvatey Pagoda to walk to the Ministry of Justice. They displayed photographs of Wutty and commemorative slogans, and dressed as Wutty to symbolise the continuation of his mission to safeguard the environment and natural resources.

On arrival, representatives delivered speeches about ongoing damage to Cambodia’s forests and called for the ministry to deliver justice for Wutty. They handed a petition to police for delivery to the ministry. The youths were monitored throughout the event by around a total of 15 Daun Penh para-police and plainclothes authorities.

30 March 2023

The Supreme Court this morning upheld the verdict of the Phnom Penh Municipal Court, which convicted 12 members of the former Cambodia National Rescue Party (CNRP) and a former Interior Ministry official on charges of incitement and plotting, and sentenced each to 5 years in prison with 16 months suspended. No reasoning was provided by the Supreme Court in its judgment.

The 13 individuals were convicted on 17 March 2022 by the Phnom Penh Municipal Court in a mass trial, alongside eight other former CNRP leaders and members who did not file an appeal. The Phnom Penh Appeal Court upheld the convictions of the 13 defendants in December. The 13 individuals are Chhon Bunchhat, Long Phary, Khut Chroeb, Ngin Khean, Yim Sareth, Khoem Pheana, Thai Sokunthea, Keo Thai, Nhaem Van, Chum Chan, Sok Chantha, Peat Mab, and Sun Thun.

All 13 men were detained throughout their trial in the lower courts, with several of them detained for up to three years while awaiting today’s final verdict. They remain in Tbong Khmum’s Correctional Centre 3 prison serving the unsuspended portions of their sentences, 3 years and 8 months. The sentences will see them imprisoned throughout Cambodia’s July 2023 National Election.

24 March 2023

The Phnom Penh Municipal Court this afternoon convicted Seam Pluk, co-founder of the Cambodia National Heart Party (CNHP), and twelve others on charges of forgery and use of forged documents under Articles 626, 627 and 628 of the Criminal Code. In addition to Pluk, who has been in detention since April 2022, three additional co-defendants were arrested hours before the verdict for unknown reasons.

The court sentenced Pluk to two years and six months in prison and imposed a fine of 5 million riel (USD $1,250), while the other 12 defendants received two-year sentences with the same fine. Warrants for their arrest were issued. The court provided no reasoning in its judgment.

24 March 2023

The Supreme Court rejected the appeal of seven women unionists this morning, all of whom are representatives of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) and include its President Chhim Sithar. As a result of the Supreme Court’s decision, Sithar will remain in prison throughout an ongoing incitement trial, which commenced at the Phnom Penh Municipal Court on 21 February 2023. The other six women – Chhim Sokhorn, Hay Sopheap, Kleang Soben, Ry Sovandy, Sun Srey Pich, and Touch Sereymeas – will remain under judicial supervision. The Supreme Court’s decision was made on the grounds that no written power of attorney was submitted as part of the appeal.

The seven women are currently on trial (alongside two other defendants) for charges of incitement as a result of their peaceful strike action. They had appealed the December 2022 decision of the Phnom Penh Municipal Court’s Investigating Judge, who had ordered that Chhim Sithar remain in provisional detention. The Investigating Judge had also placed the other six unionists under judicial supervision.

LRSU members have been on strike since December 2021 following mass layoffs at the NagaWorld casino, which included the LRSU’s entire leadership and a significant number of its members. The seven unionists were first arrested on charges of incitement in late December 2021 and early January 2022, and spent two months in pre-trial detention. They were released in March 2022, but Sithar was again arrested and imprisoned on 26 November 2022 at Phnom Penh International Airport while returning from a labour rights conference in Australia. Sithar was re-arrested for allegedly violating judicial supervision conditions, despite the fact that neither she nor her lawyers were ever informed of any conditions. Sithar remains in Correctional Center 2 prison in Phnom Penh.

11 March 2023

Venerable Soy Sat was arrested on 9 March 2023 in Battambang province and detained overnight at the provincial police station. The monk was defrocked and released on the evening of 10 March, and consequently forced back into civilian life.

The arrest occurred during Venerable Soy Sat’s ongoing religious march, which started on 1 March 2023 in the capital and was set to end roughly 350 kilometres away in the border city of Poipet.

Venerable Soy Sat marched to highlight seven demands, including calling for monks who join social actions to not be expelled from pagodas; for courts to not be improperly used against activists; for respect for all citizens’ freedom of expression; for the fair resolution of land conflicts; and for the release of politicians, civil society members, and youths currently detained in prison.

3 March 2023

The Phnom Penh Municipal Court this morning convicted Kem Sokha, the former President of the dissolved opposition Cambodia National Rescue Party (CNRP), of treason and conspiracy with a foreign power under Articles 439 and 443 of the Criminal Code. He was sentenced to 27 years in prison, and immediately transferred to house arrest after being escorted from the courtroom by five police and security officers. His conviction comes less than five months prior to Cambodia’s 2023 National Election.

The court also ordered the permanent removal of Kem Sokha’s political rights to stand for or vote in an election as an additional penalty under Article 450 of the Criminal Code. The judgment stated that the level of damages is pending assessment, which is likely in relation to a civil action that may be filed in accordance with Article 22 of the Criminal Procedure Code.

27 February 2023

The Phnom Penh Municipal Court this morning confirmed its conviction of former opposition commune chief Kim Tola on the charge of incitement, sentencing her to 18 months in prison.

Tola, who was elected in Kampong Speu province, was one of seven former Cambodia National Rescue Party (CNRP) officials tried and convicted of incitement in July and August 2022 in a case related to Facebook posts from 2018 through 2021. Tola was convicted in absentia and sentenced to 18 months in prison.

Tola was arrested on 30 October 2022 at Phnom Penh International Airport while leaving to meet her husband in Germany. Tola’s lawyer objected to the August 2022 conviction on the basis that Tola was never properly summonsed, and the Municipal Court reheard the case against her on 6 February 2022. Without providing any reasoning, the court again found Tola guilty of incitement despite the lack of evidence during the retrial that Tola had liked, commented on, or shared the Facebook posts of other parties that were the subject of the case.