LIBRARY

Judiciary/Rule of Law

Flash Info | Former RFA Reporters Questioned on Additional Charges

31 May 2018audio available

Former Radio Free Asia (RFA) journalists Yeang Sothearin and Uon Chhin were interviewed by an investigating judge at Phnom Penh Municipal Court today on charges brought under the Law on Suppression of Human Trafficking and Sexual Exploitation.

The two men worked for RFA until the media outlet shut its Phnom Penh Bureau in September 2017, citing government repression and the forced closure of its FM radio broadcasts as part of an ongoing crackdown on critical media.

They were arrested and detained on 14 November 2017. Four days later they were charged with treason and sent to pre-trial detention in Phnom Penh's chronically overcrowded Correctional Centre 1 (CC1). The trafficking charges, which are part of a second separate case against the pair, were added later.

Flash Info | Court of Appeal Upholds Insurrection Verdicts

10 May 2018audio available

This morning the Court of Appeal upheld the convictions of 11 CNRP officials and supporters convicted of insurrection offences related to a demonstration marred by clashes between para-police and demonstrators on 15 July 2014. The verdict, delivered in just three minutes, upheld prison sentences of between seven and 20 years.

The verdict followed a protracted appeal process that first began in 2016 and was concluded by three days of hearings between 23 and 25 April this year. During these hearings live testimony was extremely limited. The plaintiffs were unable to identify the defendants as perpetrators and admitted other individuals had in fact written at least some of the original complaints.

Additional and virtually identical statements from almost 40 absent members of the Daun Penh para-police were read on to the record, which prevented any cross-examination by defence lawyers.

Flash Info | Banteay Meanchey community calls for release of arrested representative

27 March 2018audio available

About 50 villagers affected by land grabbing in Banteay Meanchey province protested today outside the provincial court to demand the release of their representative, Long Sokunthy, who was arrested yesterday.

Long Sokunthy was arrested and sent to Banteay Meanchey prison when authorities decided to enforce her 15 March conviction on charges of "infringement of private property" and "intentional damage" linked to the land dispute.

Sokunthy is a representative of 310 families seeking resolution of a conflict with tycoon Sam Phannarith, over 2,076 hectares of land located in Thnal Bat Village in Ou Chrov district, which dates back to 2004.

Statement | CSOs Call for Rejection of Draft Amendments to Constitution and Criminal Code

21 February 2018audio available

We, the undersigned organizations and communities, express our grave concern regarding the Royal Government of Cambodia's proposed amendments to the Constitution of the Kingdom of Cambodia, as well as the proposed introduction of a lèse-majesté offense to Cambodia’s Criminal Code. These proposed amendments constitute a severe threat to human rights and fundamental freedoms, and are clearly designed to further criminalize any individual or entity that dares to express legitimate dissent. We are deeply concerned by this cynical attempt to deny the Cambodian people the fundamental freedoms to which they are entitled, and call for the outright rejection of these proposed amendments.

Statement | CSOs Call for Charges Against NGO Leaders to be Dropped and an End to Ongoing Harassment of Civil Society

30 January 2018audio available

We, the undersigned civil society organizations (CSOs), call for the charges against three of Cambodia’s most prominent civil society leaders – Mr. Pa Nguon Teang, Venerable But Buntenh, and Mr. Moeun Tola – to be immediately dropped. These baseless charges are clearly a form of intimidation and harassment, aimed at further silencing Cambodian civil society and human rights defenders.

Flash Info | Civil society groups call for justice for slain trade union leader

22 January 2018audio available

Trade union and civil society activists gathered in central Phnom Penh this morning to mark the fourteenth anniversary of the murder of former trade union leader Chea Vichea.

A ceremony was held to pay tribute to the former President of the Free Trade Union of the Workers of the Kingdom of Cambodia (FTUWKC) who was gunned-down in broad daylight on 22 January 2004. Two innocent men – Born Samnang and Sok Sam Oeurn – were falsely convicted for the crime and spent five years in jail before their sentences were overturned.

Participants at the commemoration called on authorities to find the real perpetrators and provide justice for Vichea and his family and friends. Vichea’s brother Chea Mony, also a former FTUWKC leader, was absent. He was due in court this morning for questioning following a complaint brought by government-aligned trade unions.

Flash Info | Equitable Cambodia Defamation Convictions Quashed

12 January 2018audio available

The Appeal Court overturned defamation convictions and dropped all charges against three Equitable Cambodia (EC) staff this morning related to internal disciplinary proceedings involving Chan Vichet, a former EC employee. In delivering the verdict Judge Nhung Thol stated that there was no evidence of defamation.

Chheang Phea, Eang Vuthy and Phen Kimsong were convicted by Phnom Penh Municipal Court on 22 August 2016 and ordered to pay fines and damages over a written staff warning issued to the plaintiff.

The plaintiff claimed that he was unfairly dismissed from the EC in 2015 and that private information regarding the dismissal was revealed by management. However, the warning was issued privately after a due process.

Flash Info | Equitable Cambodia Defamation Convictions Reviewed

22 December 2017audio available

This morning the Appeal Court considered the conviction of three Equitable Cambodia (EC) managers – Chheang Phea, Eang Vuthy and Phen Kimsong – on criminal defamation charges brought by Chan Vichet, a former employee, related to an internal written staff warning.

Neither Vichet nor his lawyers were present at the court which meant cross-examination was not possible. The Appeal Court prosecutor echoed the unusual remark made by the Municipal Court prosecutor in 2016 that there was no evidence of any intentional wrongdoing by the EC managers.

Vichet claimed that he was unfairly dismissed from the land rights NGO in 2015 and that private information regarding the dismissal was revealed by management.

Flash Info | Supreme Court Upholds Convictions of Boeung Kak Lake Activists

8 December 2017audio available

This morning the Supreme Court upheld the conviction of three Boeung Kak Lake activists – Tep Vanny, Kong Chantha and Bou Chhorvy – on charges of “insult [of a public official]” and “obstruction of a public official with aggravating circumstances”. Their six month sentences were also upheld.

No enforcement order was issued. This means their arrest and enforcement of the sentences can be ordered at any time at the discretion of the Phnom Penh municipal prosecutor.

Tep Vanny was immediately returned to Correctional Centre 2 (CC2) where she has been in detention since 15 August 2016. She is awaiting an appeal against a conviction and 30 month sentence in another protest-related case. Kong Chantha and Bou Chhorvy were not immediately detained.

Report | No Punishment, No Protection: Cambodia's Response to Domestic Violence

2 December 2017

To mark the global campaign 16 Days of Activism against Gender-Based Violence, running from November 25 to December 10, LICADHO is publishing a new report No Punishment, No Protection: Cambodia’s Response to Domestic Violence. It presents evidence of the failure of the Cambodian justice system to properly protect victims of domestic violence or to punish the perpetrators.

Statement | CSOs Call for Immediate Release of Mother Nature Activists

14 November 2017audio available

We, the undersigned Cambodian and international civil society organisations (CSOs), call for the immediate release of Hun Vannak and Doem Kundy, environmental activists affiliated with the recently deregistered NGO, Mother Nature Cambodia (MNC), who have been wrongfully detained for over two months on spurious charges. We are deeply concerned by the arbitrary nature of their arrest and pre-trial detention, which appears to be an attempt to stifle and punish their legitimate work as environmental human rights defenders.

Flash Info | Supporters Petition for Tep Vanny's Release After One Year in Prison

15 August 2017audio available

Supporters of land activist and human rights defender, Tep Vanny, have marked the one year anniversary of her unjust detention by calling for international help to secure her release.

A group from Boeung Kak Lake community delivered petitions to embassies and international organisations, starting Monday at the United Nations Office of the High Commissioner for Human Rights (OHCHR) and at six embassies of the Association of Southeast Asian Nations (ASEAN). They continued Tuesday at nine others, including the US, Japan, Germany and the European Union.

Tep Vanny was arrested a year ago and charged during a peaceful protest supporting five jailed human rights defenders who are now released on bail. She was subsequently convicted of “insulting a public official” and sentenced to six days in prison. While she was imprisoned, three long dormant cases related to other peaceful protests were re-opened in politically-motivated trials which fell far short of acceptable legal standards. She is currently serving a 30 month sentence. A further six month sentence is awaiting a final appeal decision and she is on trial on a third re-activated charge.

Statement | On the First Anniversary of the Grossly Unjust Imprisonment of Land Activist and Human Rights Defender Tep Vanny, CSOs Call for Her Release

15 August 2017audio available

Tep Vanny, one of Cambodia’s most prominent land activists and human rights defenders, will have spent one year in prison on 15 August for defending her community and exercising her human rights. We, the undersigned, condemn her arbitrary imprisonment. We call for her convictions to be overturned, for all ongoing politically motivated and unsubstantiated charges against her to be dropped, and for her immediate release from prison.

Flash Info | Court of Appeal Upholds Tep Vanny Conviction

8 August 2017audio available

This morning the Court of Appeal upheld the conviction and sentence of land rights activist Tep Vanny on a years-old charge which was reactivated following her participation in the peaceful "Black Monday" campaign last year. Today’s verdict follows an appeal hearing on 27 July in which no plaintiffs were present, preventing cross-examination and – as in the first instance trial in February – no credible evidence was presented by the prosecution.

The appeal attempted to overturn her conviction by the Phnom Penh Municipal Court on 23 February 2017 for “intentional violence with aggravating circumstances” in a trial which fell far short of acceptable legal standards. The case itself relates to a 2013 protest in Phnom Penh – over the jailing of another activist – where para-police brutally beat and injured Vanny and other protesters.

Flash Info | Tep Vanny Awaits Appeal Verdict

27 July 2017audio available

The conviction of land rights activist Tep Vanny over her participation in a peaceful protest was considered by the Court of Appeal today as supporters protested outside almost a year after she was first detained. No plaintiffs or prosecution witnesses were present at the hearing, preventing cross-examination and – as in the first instance trial in February – no credible evidence was presented.

At a 2013 protest in Phnom Penh – over the jailing of another activist – para-police brutally beat and injured Vanny and other protestors. Nonetheless, she was convicted on 23 February 2017 for “intentional violence with aggravating circumstances” in a trial which fell far short of acceptable legal standards, including a lack of cross-examination of the plaintiffs (security guards known as para-police).

The appeal seeks to overturn a two years and six months’ sentence as well as fines and compensation to the plaintiffs amounting to 14 million riel ($3,500). Since her arrest on 15 August 2016, Tep Vanny has spent 346 days in detention. A verdict will be announced on 8 August 2017.

Statement | Civil Society Calls for Justice for Tep Vanny at Appeal Court

27 July 2017audio available

We, the undersigned, call on the Court of Appeal to overturn the unjust conviction of Ms. Tep Vanny on charges of intentional violence with aggravating circumstances based on her peaceful activism at a 2013 protest, for which she received a draconian sentence of two years and six months’ imprisonment on 23 February 2017. The Court of Appeal will hear Ms. Tep Vanny's appeal against conviction tomorrow. On 15 August 2017, Ms. Tep Vanny will have spent one year in detention; her imprisonment is a clear attempt to silence one of Cambodia’s most fearless and outspoken defenders of human rights ahead of the national elections in July 2018.

Document | Joint Open Letter: Request to Create a Commission of Inquiry into the killing of Kem Ley

10 July 2017

Ahead of the one-year anniversary of the killing of Kem Ley, we, the undersigned, reiterate our concerns regarding the apparent lack of progress in investigating this case, as well as the inadequate investigation and trial of Oeuth Ang, the only person yet convicted or charged in relation to Kem Ley’s death. In light of the inadequacy of the investigation, we urge the Royal Government of Cambodia (“RGC”) to establish an independent and impartial Commission of Inquiry, in line with international standards, to continue the investigation.

Statement | A Call for Justice: Civil Society Demands Independent Inquiry in Kem Ley Murder Case

8 July 2017audio available

One year after the murder of Kem Ley, we, the undersigned civil society groups, believe that justice has not yet been served for the late political analyst and the family, friends and colleagues he left behind.

The well-known political analyst and anti-corruption campaigner was shot dead at point blank range on 10 July 2016 while drinking coffee in a Phnom Penh petrol station. There has been no transparency in the murder investigation, and there are still many unanswered questions in the case.

Statement | The Dangers of Dissent: Attacks on Cambodia’s Human Rights Defenders

3 July 2017audio available

As Cambodia’s human rights situation continues to backslide, exposing and speaking out against state-perpetrated abuses is ever more crucial. In the last two years, however, human rights defenders and other critical or independent voices have been among the main victims of Cambodia’s fractious political situation.

In this latest in a series of briefing papers, LICADHO sets out threats facing those who stand up for human rights in today’s Cambodia. Long-standing tactics used to silence human rights defenders – judicial harassment by a politicized court system; state-sponsored violence; and intolerance of peaceful protest – have been reinforced by new incapacitating laws and targeted digital surveillance. Although the examples presented in this paper are by no means exhaustive, taken together they provide a snapshot into the kinds of abuses that human rights defenders have been routinely subjected to in Cambodia over the last two years.

Statement | Cambodian and International CSOs Condemn Removal of Banners Calling for the Release of Human Rights Defenders

9 May 2017audio available

We, the undersigned Cambodian and international civil society organizations, condemn the removal by district and commune police authorities of banners calling for the release of six human rights defenders. Banners were removed from the offices of the Cambodian Human Rights and Development Association (ADHOC), the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) and Mother Nature in Koh Kong’s Smach Meanchey commune on 2 May 2017, as well as from three residences in Koh Kong province’s Srae Ambel district on 3 May 2017.

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