LIBRARY

Prison issues

Statement | More Reforms Needed Beyond Conditional Releases of Activists

24 November 2021audio available

We the undersigned civil society groups welcome the release of more than 27 wrongfully imprisoned and unjustly convicted activists from prison in recent days and celebrate the fact that they are reunited with their families. However, many of these activists continue to face criminal charges or remain under judicial supervision with onerous conditions as a result of exercising their rights to freedom of expression, association, and peaceful assembly. No action has been taken to reform the laws and systems that led to their persecution and which have destroyed the space for activism and political participation in Cambodia.

Considering that many of the activists have been released on bail or remain subject to probation for several years following a suspended sentence, they are no longer able to undertake their work to defend human rights or the environment, speak out against injustices, or participate in political life without fear of arrest. Such releases also do not remedy the fact that the activists were wrongfully convicted and that many were detained for over one year in overcrowded prisons that one activist described as “hell”.

Flash Info | Mother Nature Activists Remain In Prison for Additional Plotting Charges

8 November 2021audio available

Three Mother Nature activists who recently had portions of their “incitement” prison sentences suspended remain in pre-trial detention due to a judge’s order related to charges of plotting in a separate case.

This detention comes despite the decision of the Phnom Penh Appeal Court on Friday to suspend parts of their prison sentences in an incitement case. The three activists —Thun Ratha, Long Kunthea and Phuon Keoraksmey — were convicted on charges of incitement under Articles 494 and 495 of the Criminal Code in May 2021 and sentenced to between 18 and 20 months in prison. The Phnom Penh Appeal Court suspended up to six months of their sentences on 5 November, which would have made them eligible for release from prison this month, as they have already been detained since their arrest in September 2020.

However, the activists continue to be held in pre-trial detention due to a second case, with an order issued by the investigating judge at the Phnom Penh Municipal Court on 22 July 2021 in connection with additional plotting charges that were filed against the three activists in July 2021 under Article 453 of the Criminal Code. Three additional activists who are charged in that case also remain in pre-trial detention. Ratha, Kunthea and Keoraksmey, who were 28, 22 and 19 years old at the time of their arrest, were first arrested over their planning of a one-woman march to the prime minister’s house to discuss the filling in of the capital’s Boeung Tamok lake.

Flash Info | 16-Year-Old with Autism Convicted over Facebook Posts, Telegram Messages

1 November 2021audio available

This morning the Phnom Penh Municipal Court sentenced a 16-year-old boy with autism spectrum disorder to eight months in prison over content he shared on Facebook and Telegram. The child, the son of a detained political opposition member and an activist, was convicted of incitement and insult of public officials under Articles 494, 495 and 502 of the Criminal Code. He will serve four months and 15 days in prison, with the remainder of the sentence suspended.

The child is due to be released from prison this month but he will remain under probation for two additional years, during which time he will be required to appear before the court whenever summoned; inform the court if he changes address; and obtain permission to leave the country, among other conditions.

The trial hearing was open to the public and this morning monitors were permitted to enter the courtroom in which the child was present. Monitors were then ordered to leave the courtroom before the verdict was read. When leaving the courtroom after the verdict announcement, his mother was escorted out of the court building by officials as she attempted to inform monitors and the media who were waiting outside the courtroom about the verdict.

Flash Info | Ten Imprisoned Activists Convicted of Incitement for Their Peaceful Work

26 October 2021audio available

The Phnom Penh Municipal Court today sentenced 10 currently detained political, social and youth activists to 20 months in prison and fined them 2 million riel each ($500) over charges of incitement under Articles 494 and 495 of the Criminal Code. They each must serve from 14 to 15 months in prison, with the remainder of their sentences suspended. The 10 activists, already detained for over one year, are each due to be released from prison in November 2021, however they were placed under probation for two additional years, requiring them to alert the court if they move, change jobs or want to leave the country, among other conditions. Four additional individuals were also sentenced in absentia.

The sentenced social and youth activists, many of whom were part of the Khmer Thavrak movement, include Chhoeun Daravy, Hun Vannak, Mean Prummony, Koet Saray, Tha Lavy, Moung Sopheak, and Eng Malai. Daravy and Vannak were each sentenced to serve 15 months in prison, while the others must serve 14 months. They were arrested in August and September 2020 in relation to their peaceful gatherings around the court to call for the release of jailed union leader Rong Chhun, who remains in prison after being convicted of incitement on 18 August 2021.

The trial mostly consisted of the activists being asked if they had obtained prior permission to gather, and if they had someone from outside the country encouraging or paying them to engage in the peaceful calls for Rong Chhun’s release. In their closing statements, many of the activists noted that they had only engaged in peaceful demonstrations, that the conditions in Cambodia’s overcrowded prisons were difficult, and that the trial lacked justice.

Flash Info | Trial of 16-year-old Child on Autism Spectrum Delayed

13 October 2021audio available

The Phnom Penh Municipal Court indefinitely delayed the scheduled reading of a verdict in a case involving a 16-year-old child who is the son of a jailed former political opposition member, giving the reason that the judge in the case was “busy”.

The child, whose mother says has autism spectrum disorder, was charged with incitement and insult of public officials after being arrested on 24 June 2021. Evidence in the case included messages sent over Telegram. The charges under Articles 494, 495 and 502 of the Criminal Code carry a maximum of two years in prison as well as fines.

The child was previously denied release under court supervision on 3 August 2021 and has now been detained 111 days without access to his family. He was previously the target of violent attacks, including an incident in April 2021 when a brick was thrown at his head, requiring stitches.

Flash Info | Court Convicts Rong Chhun, Sar Kanika and Ton Nimol of Incitement

18 August 2021audio available

The Phnom Penh Municipal Court this morning sentenced Rong Chhun to 24 months in prison and activists Sar Kanika and Ton Nimol to 20 months in prison on charges of incitement under Articles 494 and 495 of the criminal code. The activists were each ordered to pay 2 million riel ($500) in fines, as well as jointly pay 400 million riel ($100,000) in damages.

Chhun, a longtime unionist and labour rights activist, was arrested in July 2020 over comments he made regarding the Cambodia-Vietnam border. Kanika was arrested the following month during a peaceful protest calling for Chhun’s release. Nimol, a former commune election candidate for the CNRP, was arrested in October that year during a rally in front of the Chinese Embassy. All three have been imprisoned in pre-trial detention since their arrest.

Nineteen activists, artists and human rights defenders were arrested in the month and a half following Chhun’s arrest, with many also facing charges of incitement, which carries up to two years in prison. At least 24 human rights defenders are currently in prison for exercising their rights.

Statement | Drop All Charges Against Mother Nature Activists, Release Imprisoned Rights Activists

22 June 2021audio available

The Phnom Penh Municipal Court on Sunday charged four members of the Mother Nature environmental movement with plotting an attack against the state and insulting the king, part of the targeted and outrageous persecution of frontline environmental defenders and grassroots activists by the government. Authorities should stop imprisoning and start listening to our youth activists who are on the front line of documenting the risks Cambodia faces from natural resource exploitation and environmental degradation. These activists are tirelessly and selflessly working for the nation’s best interests.

We, the undersigned communities and civil society groups, demand the immediate release of the arrested environmental activists, dropping of all charges, and a halt to the relentless repression and prosecution of the environmental movement.

Article | Voices from Inside: Women and Girls in Cambodian Prisons

8 March 2021

This International Women’s Day, LICADHO is calling for immediate improvements to the conditions faced by women and girls who are detained in Cambodia’s disastrously overcrowded prison system.

Last month, nine women shared stories with LICADHO about life within Correctional Centre 2 (CC2), the country’s only prison designated for women and children. Five of these women - Sokha, Bopha, Sopheary, Sreyleak, and Chanmony - are currently imprisoned or have recently been released. Their names have been changed to protect their identities. Others are family members of imprisoned women human rights defenders Chhoeun Daravy, Eng Malai, Long Kunthea and Phuon Keoraksmey.

All of these women have faced deplorable prison conditions. Yet rights violations behind bars are avoidable, and the government has a responsibility to urgently resolve this crisis by implementing best-practices from both domestic and international laws and regulations.

Video | Women Activists Behind Bars

8 March 2021audio available

This #IWD2021​, LICADHO is calling for immediate improvements to the grave conditions facing every woman and girl locked in Cambodia's dangerously overcrowded prisons.

Among these women are human rights defenders Chhoeun Daravy, Eng Malai, Long Kunthea and Phuon Keoraksmey. They have tirelessly stood up for the rights of others, but they have been put behind bars in an attempt to stifle their peaceful activism.

Video | Women Activists Behind Bars: Phuon Keoraksmey

7 March 2021audio available

Mother Nature Cambodia activist Phuon Keoraksmey was arrested in September for her peaceful work protecting Cambodia’s natural resources from private greed.

At first, it was hard for Keoraksmey’s mother to support her daughter’s daring activism. Now, she says, she couldn’t be prouder.

Video | Women Activists Behind Bars: Long Kunthea

7 March 2021audio available

Arrested in September 2020 for planning a one-woman protest to call for the preservation of Phnom Penh’s largest lake, Long Kunthea has been locked in prison for more than 180 days.

Kunthea’s cell is constantly filled with smoke from other detainees. Every day, she struggles even to breathe.

Video | Women Activists Behind Bars: Eng Malai

6 March 2021audio available

Last September, Khmer Thavrak youth group member Eng Malai was arrested after attending a non-violent protest demanding justice for Rong Chhun after the union leader’s imprisonment.

In prison, Malai faces a daily struggle with disease, injury and stress.

Video | Women Activists Behind Bars: Chhoeun Daravy

6 March 2021audio available

In August last year, youth activist Chhoeun Daravy was dragged into a van by plainclothes security after taking part in a peaceful demonstration calling for imprisoned unionist Rong Chhun’s release.

Since her arrest, Daravy has shaved her hair and is boycotting some meals to protest her unjust imprisonment.

Video | Broken Silence: Rape by Relatives and Barriers to Justice in Cambodia

10 December 2020audio available

Too often, women and children who are raped by a family member are being denied both the safety that they need and the justice that they are entitled to.

"The police told me not to tell anyone. I said, 'This happened, and you want to keep it a secret too?'"

More than a year after Seiha* reported being raped by her grandfather, he has still not been arrested for his crimes. And Seiha is far from alone.

Statement | Cambodia: Urgently Protect Prisoners from COVID-19

9 December 2020audio available

Amnesty International, Human Rights Watch and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) call on the Royal Government of Cambodia to take urgent action to safeguard the right to health of people in detention, prison officials and the wider community by conducting rigorous testing of those in prisons for COVID-19, implementing effective hygiene and physical distancing measures in prisons and taking immediate steps to reduce prison overcrowding.

Statement | Release Imprisoned Activists and End Crackdown Against Young Cambodians

9 September 2020audio available

We, the undersigned civil society groups, condemn the arrests of seven young activists over the past few days, and call for all charges against those imprisoned to be dropped immediately. We urge the government to end its campaign of fear and repression against peaceful youth and environmental human rights defenders, and ensure the rights of the Cambodian people to peacefully advocate for themselves, their families and their communities are respected.

Flash Info | Three Environmental Activists Imprisoned, Two Youth Activists Arrested Over Separate Peaceful Demonstrations

6 September 2020audio available

Authorities on Sunday charged three youth environmental activists with incitement and ordered them to pre-trial detention over the trio’s peaceful activism calling attention to the government’s filling in of Phnom Penh’s Boeung Tamok lake.

The three environmental activists - Thun Ratha, a 28-year-old man, Long Kunthea, a 22-year-old woman, and Phuong Keorasmey, a 19-year-old woman – are members of the Mother Nature Cambodia movement and were charged on Sunday over their organising of a planned peaceful march from Wat Phnom to Prime Minister Hun Sen’s house by Kunthea to express her concerns regarding the filling and construction inside Boeung Tamok.

Article | Woman Injured by Security Forces During Peaceful Protest

4 September 2020audio available

A 49-year-old woman was rushed to hospital this morning after being hurled to the ground by district security guards while peacefully calling for the release of her imprisoned husband.

Statement | Cambodian Authorities Must Follow Through with Release of Prisoners Amid COVID-19

23 July 2020audio available

Amnesty International and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) call on the Royal Government of Cambodia to follow through with its commitment to address prison overcrowding by releasing prisoners accused of non-violent crimes, including those at heightened risk of COVID-19 and people held for minor offenses, as well as women incarcerated with their children and detainees who are under 18.

In May, Cambodia’s new Minister of Justice Koeut Rith announced a range of reforms to Cambodia’s justice system. These promised reforms were intended to address the severe backlog of pending cases in Cambodia’s courts and the extreme overcrowding in its prisons through the expansion of alternatives to incarceration, including bail and suspended sentences, in addition to early and conditional release for current prisoners.

Article | Three Mothers Behind Bars

8 March 2020audio available

Last year, to mark the 16 Days of Activism Against Gender Based Violence campaign, LICADHO shared videos highlighting the experiences of pregnant women and mothers incarcerated with their children in Cambodian prisons. Months later, little progress has been made to improve the lives of these women and children. January saw the tragic death of a five-month old baby incarcerated with her mother in Correctional Centre 2 prison.

To mark International Women’s Day this 8 March, LICADHO is sharing the full stories of three women and their children who endured the harsh realities of Cambodia’s prisons – severe overcrowding, inadequate food and access to health care, scarce contact with their families, and limited time and space for children to play.

Many incarcerated pregnant women and women with children are entitled to release on bail, yet remain in pre-trial detention without access to a lawyer. As of January 2020, 43 pregnant women and 103 children living with their mothers remained behind bars.

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