LIBRARY

24 June 2024

The Phnom Penh Capital Court concluded the criminal trial against 10 Mother Nature Cambodia activists on Monday, over charges that stem from the movement’s peaceful environmental activism from 2012 to 2021.

The prosecution and defense completed their closing arguments on Monday afternoon, after which presiding judge Ouk Reth Kunthea set 2 July 2024 as the date for delivering a verdict. The court has held five hearings in the case, including today’s session, one of which was boycotted by five of the defendants for restricted access to the trial for their supporters and family.

All 10 activists are charged with Article 453 for plotting and face up to 10 years in prison, whereas three of the activists — Sun Ratha, Yim Leanghy and Alejandro Gonzalez-Davidson — face the additional charge of insulting the King under Article 437 bis of the Cambodian criminal code. The seven other defendants are Long Kunthea, Thun Ratha, Phuon Keoraksmey, Ly Chandaravuth, Pork Khoeuy, Binh Piseth and Rai Raksa.

20 June 2024

On 19 June 2024, the Tbong Khmum Appeal Court upheld the verdict of the Ratanakiri Provincial Court convicting well-known environmental activist Chhorn Phalla of defamation, insult and incitement to commit a felony under Articles 305, 502, and 495 of the Criminal Code.

The decision of the Appeal Court came after Phalla’s trial on 28 May 2024. He faces one year in prison and a 10 million riel (around US$2,500) fine, pending the exhaustion of the appeals process.

Phalla is an outspoken and long-time activist who has endured significant prosecution in the course of his work protecting natural resources and monitoring deforestation. Before his conviction the Ratanakiri Provincial Court earlier this year in this case, he had been imprisoned between September 2021 and October 2023 for convictions in two other cases – both brought against his for his activism – that were subsequently overturned.

20 June 2024

Koet Saray, President of the Khmer Student Intelligent League Association (KSILA), was denied bail by the Phnom Penh Appeal Court this morning and transferred back to Correctional Centre 1 (CC1) prison.

Over a dozen youth activists gathered outside of the court in support of Saray, who has been imprisoned since his arrest in April 2024 on charges of incitement in relation to ongoing land conflicts in Preah Vihear province.

Saray is also charged with “committing a misdemeanour after sentencing for a misdemeanour,” due to previously being convicted of incitement in 2021 over a peaceful gathering calling for the release of then-imprisoned union leader Rong Chhun. This additional charge potentially doubles the sentence of the new incitement charge, meaning he faces up to four years in prison if convicted.

20 June 2024

Union leader Chea Chan was convicted today and sentenced to one year in prison by the Kampong Speu Provincial Court over charges of​ being an accomplice to theft, which were filed shortly after Chan unanimously won a union vote at Wing Star Shoes factory. Six months of the one-year sentence were suspended.

Chan has been imprisoned since his arrest in February 2024, while the alleged theft had occurred years earlier. Around 40 workers and union members gathered inside and outside the court today to support Chan, a unionist with the Cambodian Alliance of Trade Unions (CATU). The union has called the charges judicial abuse to stifle freedom of association, and Chan reported receiving threats warning him against forming a union at the factory prior to the union vote.

Chan is one of at least three union leaders imprisoned 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 in May this year prior to an internal union vote.

19 June 2024

Around 60 community members who are locked in a land dispute linked to an Economic Land Concession (ELC) in Kratie province travelled to Phnom Penh to petition authorities to stop a local company from clearing their land and crops.

Earlier this morning, the families from Sambor district rode in tuk-tuks across the capital and delivered petitions to the Ministry of Interior, Prime Minister’s Cabinet office, and the Land Management Ministry. Authorities had prohibited them from marching on foot to the three destinations.

The people, representing 1,318 families from two villages in Kratie, said a local company Kasekam Youveakchun Svay Rieng Co. Ltd was clearing their land and crops, which is within a previously-dormant ELC granted in 2009 to a Singaporean company named Kamadhenu Ventures (Cambodia).

5 June 2024

Five Mother Nature Movement activists refused to enter the courtroom where they were being tried for plotting against the state this morning, after authorities arbitrarily shut the street and limited some media and supporters from monitoring the public hearing at the Phnom Penh Capital Court.

The five activists – Yim Leanghy, Thun Ratha, Ly Chandaravuth, Phuon Keoraksmey and Long Kunthea – face up to 10 years in prison if convicted of the charges, filed over their peaceful environmental activism. Their trial had its first hearing one week ago, when dozens of supporters and media gathered in front of the courtroom to witness them entering the court.

This morning, some NGOs and observers who had registered in advance were allowed to enter the courtroom, but barricades blocked access to the street in front of the court. Supporters accompanying the Mother Nature activists were prohibited from entering, leading the activists to sit and meditate in protest of the restrictions. The hearing proceeded without any of the charged activists present and consisted primarily of reading transcripts of their previous interviews.

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, Binh 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.

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.

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).

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.

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

Twenty-nine people were charged by the Preah Vihear Provincial Court on 8 March 2024 with “clearing forestland and enclosing it to claim for ownership” under Article 97(6) of the Law on Forestry. Four of the 29 people charged were released on bail, and the remaining 25 have been sent to pre-trial detention in Preah Vihear provincial prison. They include 13 men and 12 women.

The group was arrested earlier this month after mixed armed forces accompanied by forestry administration officials entered a disputed area with tractors intended to clear the land. Authorities fired live ammunition, used a smoke grenade, and arrested villagers.

The charges are the latest development in a longstanding land dispute involving Seladamex Co., Ltd., which affects families from Mrech, Srayang Tboung, and Kdak villages as well as families who have more recently migrated to the area. Seladamex was granted an Economic Land Concession in 2011 in Srayang and Phnum Tbaeng Pir communes in Kuleaen district.

6 March 2024

A group of mixed armed forces including gendarmes and police officers accompanied by forestry administration officials mobilised this morning to secure disputed land in Preah Vihear province, resulting in the use of live ammunition and arrests.

A number of villagers have reportedly been arrested and taken to Preah Vihear provincial capital. Their current location is unknown.

Villagers reported that mixed forces armed with automatic rifles had entered the area shortly before dawn, and were accompanied by tractors to clear the disputed land. Fearful of property destruction and forced evictions, villagers gathered to demand the forces leave the area. A confrontation ensued in which a video captured live ammunition being shot repeatedly by authorities as well as the use of a smoke grenade.

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.

26 February 2024

The Supreme Court this morning overturned the convictions of two land activists from the Boeung Kak Lake Community. The activists, 83-year-old Nget Khun (also known as Yeay Mommy) and 58-year-old Cheang Leap, had been convicted by two lower courts of making death threats in March 2012.

Members of Phnom Penh’s Boeung Kak Lake Community faced a prolonged dispute after the government leased the lake to a private company in 2007. Community members were routinely imprisoned and convicted for defending their homes and speaking out against the forced evictions.

The charges related to an incident in which papers printed with death threats against former community member Ly Mom were found scattered outside her home. Ly Mom filed complaints against six Boeung Kak Lake Community members, including Khun and Leap. The six women maintained that they were not responsible for the threats.