Latest Flash Info & Articles
Flash Info: Candlelight Vice President Convicted of Irregular Financial PaymentsPublished on 21 September 2023
The Phnom Penh Municipal Court this morning convicted Thach Setha, Vice President of the Candlelight Party, of irregular financial payments and sentenced him to one year and six months in prison as well as imposing a fine and compensation. The case followed a complaint by Rin Chhay Pawn Shop, which alleged that Setha had written five bad cheques to repay a loan in 2019. Setha has been held in pre-trial detention since his arrest in January 2023, with multiple bail requests denied.
The court sentenced Setha under Article 231 of the Law on Negotiable Instruments and Payment Transactions. He was ordered to pay a fine of 3 million riel (around US$750). Setha was also ordered to pay the complainant US$33,400 (around 133.6 million riel) — the amount of his outstanding debt to Rin Chhay Pawn Shop — in addition to 5 million riel (around US$1,250) in compensation.
The Phnom Penh Municipal Court today also conducted the first hearing of a separate case charging Setha with incitement to disturb social security and incitement to discriminate under Articles 494, 495, and 496 of the Criminal Code. Setha was indicted in April 2023 in relation to a speech made to Cambodian migrant workers in South Korea on 8 January 2023, which was published by an unknown source on YouTube. Setha has also been ordered into pre-trial detention on the basis of these charges, with the Supreme Court upholding the denial of his bail request in June 2023.
The Candlelight Party was the leading opposition party in the June 2022 Commune Elections. The National Election Committee in May 2023 disqualified Candlelight from participating in the July 2023 National Election, after the party was unable to produce an original document.
Published on 15 September 2023
Seven Candlelight Party officials and members were sent to pre-trial detention yesterday evening, after being charged with either incitement and/or fraud under Articles 494–495 and Articles 377–378 of the Criminal Code, respectively. They are currently detained in Banteay Meanchey provincial prison.
The seven charged activists were part of a larger group of 23 Candlelight members who were questioned by police in Banteay Meanchey from Saturday, 9 September in relation to the creation of a new political party. The basis for the criminal charges has not been confirmed.
The seven charged Candlelight political activists are Sin Vatha, Banteay Meanchey provincial party chief; Long Lavy, Banteay Meanchey provincial party deputy chief; Tes Sambath Vathano, party member; Tout Veasna, Mongkol Borei district party chief; Chhom Sinath, Mongkol Borei district party deputy chief; Vann Suy Eiv, elected Koy Maeng commune councillor; and Him La, a Candlelight supporter. Five of the activists have been charged with both incitement and fraud; the latter two (Vann Suy Eiv and Him La) have been charged with incitement only.
The Candlelight Party was excluded from participating in the 23 July 2023 National Election after a May 2023 decision by the National Election Committee (NEC). The NEC ruled that Candlelight, which had a strong showing and was the primary opposition party in the June 2022 Commune Elections, was ineligible to be listed on the ballot as it had failed to produce an original registration document.
This Flash Info was amended on 19 September 2023 to reflect the detention of a seventh individual (Mr. Him La), about which LICADHO was notified after publication. Clarification has also been provided about the number of criminal charges.
Published on 29 August 2023
Nine Koh Kong land activists were granted bail earlier today by the Preah Sihanouk Appeal Court, yet they will remain subject to judicial supervision conditions. The activists have already spent two months in pre-trial detention in Koh Kong provincial prison, following their arrest on 29 June 2023.
The nine activists appeared at the bail hearing this morning where they were supported by 178 community members and representatives from 197 Land Community, 175 Land Community, and 955 Land Community in Koh Kong province. Authorities suggested that supporters wait inside the court building, but they instead chose to remain outside to publicly call for their representatives’ release.
The nine activists are Ms. Phav Nheung, Ms. Det Huor, Ms. Yi Kunthea, Mr. Sok Chey, Mr. Heng Chey, Ms. Tin Tang, Mr. Lang Cheav, Ms. Seng Lin, and Mr. Yoeut Khmao. They were each charged with incitement following their attempt to peacefully travel to Phnom Penh to submit a petition to the Ministry of Justice.
Two of the activists, Phav Nheung and Seng Lin, will remain in prison on account of having been sentenced to one year’s imprisonment in a separate case in which they were convicted of defamation and incitement to disturb social security for their activism.
The remaining seven activists are expected to be released from Koh Kong prison when prison authorities receive the order from the court. They will remain prohibited from leaving the country or changing address without court permission upon release, and must respond to all court summonses. The nine activists continue to face up to two years in prison and a fine of up to 4 million riel (about US$1,000) if convicted.
Published on 15 August 2023
The Koh Kong Provincial Court this afternoon convicted 10 Koh Kong land activists of malicious denunciation and incitement to disturb social security, including three activists who have been detained in prison since June on separate cases. Around 60 community members from 197 Land Community and 955 Land Community gathered outside the court in support of the activists as the verdict was read.
The 10 convicted activists are Chhan Chheurn, Det Huor, Erb Vy, Erp Teung, Heng Chey, Inn Thou, Kert Nov, Kong Men, Puo Houn, and Sok Chey. All 10 were sentenced to one year’s imprisonment and ordered to collectively pay 40 million riel (approximately US$9,600) in compensation to tycoon Heng Huy. Erb Vy’s sentence was fully suspended, while the remaining nine intend to appeal the verdict.
Det Huor, Heng Chey and Sok Chey were already detained in Koh Kong Provincial Prison as a result of separate cases, and were transported to the court in a blacked out police van. They will remain in prison on those separate charges, while no arrest warrants were issued for the six other activists whose sentences were not suspended, indicating they will remain out of prison pending appeal.
These convictions follow other convictions of Koh Kong land activists in recent weeks. On 4 August, the Supreme Court upheld additional convictions of malicious denunciation and defamation against Det Huor. On 2 August, the provincial court found two women activists, Phav Nheung and Seng Lin, guilty of defamation and incitement to disturb social security. Both were sentenced to one year’s imprisonment and ordered to pay 40 million riel (approximately US$9,600) in compensation. In addition to this arrest warrant from 2 August, another warrant was issued on 29 June sentencing Nheung and Lin to pre-trial detention.
Published on 4 August 2023
Three Koh Kong land activists were this week found guilty of criminal charges including defamation, incitement, and malicious denunciation for their peaceful activism in defence of their communities’ land rights.
On 2 August 2023, the Koh Kong Provincial Court found two women activists guilty of defamation and incitement to disturb social security. Phav Nheung and Seng Lin were sentenced to one year’s imprisonment each and ordered to pay 40 million riel (approximately US $9,600) in compensation to the plaintiff. Both were the target of a complaint launched by former community representative Chhay Vy, whom the women had accused in 2019 of having seized land. The charges were dropped against a third woman, Khorn Phun.
In a separate case this morning, the Supreme Court upheld the verdict of the Sihanoukville Appeal Court against a third land activist from Koh Kong, Det Huor. Huor was convicted of malicious denunciation and defamation following a complaint made by tycoon Heng Huy about Huor’s Facebook post dated September 2021. Huor was sentenced to one year’s imprisonment and a 2 million riel fine (approximately US $500), which was reduced to 6 months’ imprisonment and a 1 million riel fine both suspended by the Sihanoukville Appeal Court in October 2022. The Supreme Court’s judgment upholds this decision.
Huor and Nheung have been in pre-trial detention since 29 June 2023 – Nheung alongside her 18-month-old son – after being charged with incitement in a separate case alongside nine other land community members. The charges followed their attempt to peacefully travel to Phnom Penh to submit a petition to the Ministry of Justice.
Published on 2 August 2023
The Compliance Advisor Ombudsman (CAO) of the International Finance Corporation (IFC) will carry out a compliance investigation of six microfinance lenders in Cambodia and four intermediaries over harms caused by over-indebtedness and predatory lending.
The CAO’s investigation was initially announced on 13 June 2023, but was delayed after IFC management requested the IFC Board to review the CAO’s decision. This was the first ever request of its kind, made using a 2021 amendment to the CAO policy that allows for such reviews under narrow, technical grounds only. The IFC later withdrew its request on the last day of the review period without explanation. The CAO noted a policy requiring “any request” to be published, but also said a decision on whether to publish this withdrawn request is “pending.”
The CAO’s Compliance Appraisal Report determined that an investigation was warranted. In this report, the CAO stated it had found preliminary indications of harm and that the IFC may not have complied with its own policies. The report noted that those harms are plausibly linked to IFC’s potential non-compliance.
The report also found “indications that IFC is not actively and systematically carrying out its obligations regarding project [Environmental and Social] due diligence and supervision.” It also noted there is a “wide range of available literature documenting the extent and severity of social impacts associated with microfinance lending in Cambodia” and pointed out that such concerns were identified by the IFC itself as early as 2015.
The Compliance Appraisal Report also included IFC Management’s assertion that the impact on borrowers due to their loans should fall outside of the IFC’s policies. This would have meant that the issue would be ineligible for review by the CAO. However, the CAO instead found that the “text of the Sustainability Framework does not support IFC Management’s argument.”
The complaint to the CAO was filed by LICADHO and Equitable Cambodia (EC) in February 2022 on behalf of Cambodian microloan borrowers who suffered harms as a result of predatory microfinance loans. Their loans were provided by six institutions in which IFC had invested either directly, or through an intermediary fund. The CAO undertook a 15-month process to evaluate and assess the relevance of the complaint, and in June 2023 decided that an investigation was merited.
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Published on 18 July 2023
The Board of Directors of the International Finance Corporation (IFC) has granted itself additional time to review a decision by its independent accountability mechanism to open an investigation into IFC microfinance investments in Cambodia. The Board has until 28 July 2023 to uphold or overturn the decision to investigate.
The IFC is a member of the World Bank Group, and it has made significant investments in Cambodia’s microfinance industry. Following a complaint, the independent accountability mechanism of the IFC – the Compliance Advisor Ombudsman (CAO) – completed, among other steps, a seven-month-long review and on 13 June 2023 “concluded that an investigation is merited". On 29 June, IFC management requested that the Board review the CAO’s decision, by activating a never-before-used 2021 amendment to the CAO Policy.
Twenty-four stakeholders, including LICADHO, wrote a joint letter to the Board on 12 July 2023 outlining concerns about IFC management’s request for Board review. The letter reminds the Board that CAO Policy limits their review to narrow technical criteria, and that the Board is explicitly prohibited from making a judgement on the merits of the complaint.
The complaint to the CAO was submitted in February 2022 by LICADHO and Equitable Cambodia on behalf of affected Cambodian microloan borrowers. Among other points, it alleges failures in IFC’s pre-project due diligence, as well as violations of IFC Performance Standards caused by unethical and predatory lending practices.
LICADHO has published four reports on MFI abuses in Cambodia since 2019. The most recent report, “Right to Relief”, was co-published in 2021 alongside Equitable Cambodia and interviewed more than 170 borrowers across 14 Cambodian communities. Read more about this topic here.
Published on 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.
Police threatened to arrest around 20 community members who gathered in front of the provincial police station to support their representatives this morning. Police were also deployed between Tani village to Praek Chik village, where the community members live. Other community members reported difficulties travelling to Koh Kong province. The reasons for questioning the land activists are currently unclear.
Published on 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.
Today, the Supreme Court also rejected Setha’s arguments. Setha has been detained since 16 January 2023 on charges of irregular financial payments in a separate case dating back to 2019.
Last month, the Candlelight Party was disqualified from participating in the upcoming July 2023 National Election by the National Election Committee on the basis that the party had submitted photocopies of a set of required documents, rather than the originals, during the registration process. The decision to disqualify the primary opposition party was upheld by the Constitutional Council.
Published on 19 June 2023
Every day, there are people across Cambodia working tirelessly to defend everyone’s rights and freedoms. They do so in the face of relentless persecution, often at the hands of authorities.
These human rights defenders include farmers, company employees, and students who share in the struggles of their communities. Their efforts do not always receive the recognition they deserve, but remain immensely valuable in shaping the future.
Published on 31 May 2023
The Supreme Court this morning rejected the appeals of nine current and former political, social, and youth activists. The court upheld the incitement convictions against current and former Khmer Thavrak activists Chhoeun Daravy, Hun Vannak, Tha Lavy and Eng Malai; Khmer Student Intelligent League Association (KSILA) activists Koet Saray, Moung Sopheak and Mean Prummony; and former Cambodia National Rescue Party (CNRP) members Chhour Pheng (also known as Chhou Pheng) and Chum Puthy (also known as Tum Vuthy, or Chhum Vuthy).
The Supreme Court upheld the lower court’s sentencing of the activists to 20 months in prison with between five to six months of their sentences suspended. Daravy, Vannak, Pheng and Puthy were sentenced to serve 15 months in prison, while Saray, Sopheak, Prummony, Lavy and Malai were sentenced to serve 14 months. All nine defendants were also each fined 2 million riel (US$500).
The activists were arrested in August and September 2020 and held in pre-trial detention, which was credited to their sentences. All nine activists were released from prison in early November 2021, but remain under a two-year probation period with restrictive conditions until November 2023.
The Phnom Penh Municipal Court convicted the nine activists, along with five other co-defendants, of incitement under Articles 494 and 495 of the Criminal Code on 26 October 2021. Ten of the defendants appealed their convictions, which were upheld by the Phnom Penh Appeal Court on 22 August 2022. Nine defendants subsequently appealed to the Supreme Court, as reflected in today’s verdict. The criminal charges were brought against all the activists in relation to peaceful demonstrations following the July 2020 arrest of former union leader and labour rights activist Rong Chhun.
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Published on 25 May 2023
The Constitutional Council today upheld a decision barring the Candlelight Party from competing in the July 2023 National Election, finalising the forcible exclusion of Cambodia’s main opposition party from the polls over a missing registration document.
The council’s decision affirmed the National Election Committee (NEC)’s refusal on 15 May to register Candlelight for this year’s national election. The NEC alleged that Candlelight failed to produce an original party registration document, which Candlelight claims was confiscated by authorities during a raid on the Cambodia National Rescue Party (CNRP) headquarters after that party’s forcible dissolution in 2017.
The NEC’s refusal came despite the election body approving Candlelight to run in the 2022 Commune Elections.
On 19 May, Candlelight appealed the NEC’s decision to the Constitutional Council – a nine-member body, of which five members sit on the Central Committee of the ruling Cambodian People’s Party (CPP). After that body’s decision today, there is no further appeal available.
The Candlelight Party emerged as the main political opposition after the forced dissolution of the CNRP in 2017. Candlelight won 2,198 commune councillor seats in the 2022 Commune Elections, garnering more than 1.6 million votes and coming in second to the CPP.
The third-placed party, FUNCINPEC, won 19 seats.
The Constitutional Council also ruled today that another party, the Khmer United Great Nation Party (KUGNP), would not be allowed to compete in the 2023 National Election. KUGNP did not compete in the 2022 Commune Elections.
Published on 25 May 2023
The Phnom Penh Municipal Court this morning issued incitement convictions for nine current and former union activists from the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU), including imprisoned union President Chhim Sithar. The convictions under Articles 494 and 495 of the Criminal Code are related to the union’s ongoing peaceful strike.
The court sentenced Sithar to the maximum prison sentence of two years and she was immediately detained following the verdict. Sithar and the other unionists were previously arrested and imprisoned in December and January 2022, before being bailed in March 2022. Sithar was re-arrested and imprisoned on 26 November 2022 for allegedly violating judicial supervision conditions, despite the fact that neither she nor her lawyers were ever informed of any conditions.
Five other LRSU unionists – Chhim Sokhorn, Hay Sopheap, Kleang Soben, Sun Srey Pich, and Touch Sereymeas – were each sentenced to one year and six months in prison, but the five women will remain out of prison and under judicial supervision until all appeal routes are exhausted.
The remaining three defendants – Sok Narith, Sok Kongkea, and Ry Sovandy – received one-year sentences that were suspended. The court provided no reasoning in its judgment.
LRSU members have been on strike since December 2021 following mass layoffs at the NagaWorld casino, which included LRSU’s entire leadership and a significant number of its members. Members have faced judicial harassment, physical attacks, and sexual assaults by authorities during the course of their peaceful strike.
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Published on 19 May 2023
More than 100 community members and land rights activists gathered in front of the Ministry of Interior today to demand the release of three Coalition of Cambodian Farmer Community (CCFC) staffers who were arrested yesterday.
Community members from Koh Kong, Preah Sihanouk, Svay Rieng, Kampong Speu, and Kandal provinces gathered in front of the Ministry of Interior to urge authorities to release Theng Savoeun, CCFC president; Nhel Pheap, a senior officer at the association; and Thann Hach, a project officer. Reasons for their arrests currently remain unclear and the three remain in detention in Ratanakiri province.
Six community representatives were permitted to enter the ministry to submit a petition. The ministry accepted the petition but rejected the community’s request to release the three arrested staffers.
Additional community members from Koh Kong province were blocked on the road by authorities at 2am this morning as they attempted to reach the capital in vehicles to join the gathering. They were stopped for about two hours, after which most members returned home.
The event was monitored by around 30 authorities, including police and plainclothes authorities who recorded community members.
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Published on 18 May 2023
Three staffers at the Coalition of Cambodian Farmer Community (CCFC) have been arrested and are expected to be sent to court, a day after police in Kratie province stopped a bus carrying 37 people and detained several people for questioning overnight.
This morning, police formally arrested Theng Savoeun, CCFC president; Nhel Pheap, a senior officer at the NGO; and Thann Hach, a project officer. Reasons for stopping the bus and the arrests are not clear. The three were among those detained overnight, while the remaining 34 people left the police station in their own bus this morning.
Authorities confiscated computers, mobile phones, and written documents from the group, and the Ministry of Interior’s Anti Cyber Crime Department were seen entering the police station following the staffers’ detention.
CCFC is a membership-based organisation established in 2011 to address land rights and issues affecting Cambodia’s farmers. Savoeun was previously arrested alongside other NGO staffers and community members in January 2014 following a violent crackdown on demonstrators in Phnom Penh, and spent five months in prison prior to receiving a largely suspended sentence of four years.
