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12 November 2021

Six Mother Nature activists who are facing felony and misdemeanour criminal charges were released on bail this evening from Phnom Penh’s Correctional Centre 1 and Correctional Centre 2 prisons. They were reunited with their family’s after spending up to 14 months in prison. The six activists were also placed under judicial supervision, requiring monthly visits to local authorities and limiting their freedom of movement.

Sun Ratha and Yim Leanghy were arrested on 16 June 2021 and charged with plotting and insulting the King under articles 453 and 437(bis) of the Criminal Code. Ly Chandaravuth was also arrested on the same day and charged with plotting. Thun Ratha, Long Kunthea, and Phuon Keoraksmey were added to the case and charged with plotting in July 2021 while they were serving prison sentences from a separate conviction on incitement charges in May 2021.

On 5 November, the Phnom Penh Appeal Court suspended parts of Ratha, Kunthea and Keoraksmey’s sentences. They would have soon been eligible for release, but continued to be held under the detention order issued in this case by the investigating judge at Phnom Penh Municipal Court in July 2021. The charges of plotting and insulting the King, which carry a maximum sentence of up to 10 years in prison, relate to comments allegedly made during private online meetings.

12 November 2021

The Phnom Penh Appeal Court this morning upheld the convictions of activists Rong Chhun, Sar Kanika and Ton Nimol and suspended parts of their sentences. The three activists were convicted of incitement under Articles 494 and 495 of the Criminal Code by the Phnom Penh Municipal Court on 18 August 2021 for exercising their rights to freedom of expression.

Chhun must serve 15 months and 11 days in prison, with the remainder of his two-year sentence suspended by the appeal court. Kanika must serve 15 months and 5 days in prison and Nimol must serve 14 months and 24 days in prison, with the remainder of their 20-month sentences suspended. Chhun and Kanika have already spent more than 15 months in prison, while Nimol has been detained for over 12 months. They will remain under probation for three years following their release, and subject to a host of restrictive conditions such as not associating with each other and informing a prosecutor of any change of address or occupation under Articles 119 and 120.

The appeal court also upheld the order for the three activists to each pay 2 million riel ($500) in fines, and jointly pay 400 million riel ($100,000) in damages, both of which are unusually high amounts.

8 November 2021

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.

5 November 2021

The Phnom Penh Appeal Court this morning suspended parts of the prison sentences of three imprisoned Mother Nature activists and placed them under judicial supervision for three years, meaning they face onerous reporting requirements or else risk being forced to serve the remaining sentences.

The three activists – Thun Ratha, Long Kunthea and Phuon Keoraksmey – were sentenced in May 2021 by the Phnom Penh Municipal Court on charges of incitement under Articles 494 and 495 of the Criminal Code over the planning of a one-woman march to Prime Minister Hun Sen’s house to discuss the filling in of Boeung Tamok lake in the capital’s north. They have been imprisoned since their arrest in September 2020.

Ratha was originally sentenced to 20 months in prison, but this morning’s ruling resulted in six months being suspended. Kunthea and Keoraksmey had been handed 18-month sentences, and this morning they had four months of those sentences suspended. The trio’s pre-trial detention began on 6 September 2020. Two other Mother Nature activists, Chea Kunthin and Alejandro Gonzalez-Davidson, were also convicted in absentia in the lower court case.

1 November 2021

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.

26 October 2021

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.

22 October 2021

Authorities pushed women protesters to the ground and confiscated banners from a group of around 20 demonstrators who gathered in front of the French Embassy this morning. Police and para-police outnumbered demonstrators and used excessive force to disrupt the protesters from holding banners and speaking to the media.

The group of women protesters, often called the “Friday Women”, have for months gathered in front of various embassies and state institutions to call for the release of their imprisoned family members, who are former members or officials in the Cambodia National Rescue Party (CNRP), which was dissolved by Cambodian courts in November 2017. They have previously been harassed and pushed by security forces during peaceful demonstrations.

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Authorities Shove, Harass Families of Detained Opposition

Three of the demonstrators entered the French Embassy to deliver their petition, including Prum Chantha, the mother of a detained 16-year-old with autism spectrum disorder. Her son was arrested in June 2021 for incitement and insult of public officials, while her husband Kak Komphear, a former CNRP official, has been in jail since June 2020 on charges of conspiracy and incitement. The other petitioners were Seng Chan Thon, whose husband Sun Thun was a former CNRP activist, high school teacher and local union leader and was arrested in June 2020; and Out Chanthy, whose husband Yoem Sareth was a former elected commune councillor in Phnom Penh for the CNRP and was arrested in March 2020.

13 October 2021

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.

30 September 2021

Today the Koh Kong Provincial Court convicted Youn Chhiv, the publisher of Koh Kong Hot News, of incitement under Articles 494 and 495 of the Criminal Code. Less than 72 hours after he was detained, he was sentenced to one year in prison.

The conviction followed an instruction by Minister of National Defense, General Tea Banh, to investigate Youn Chhiv over allegedly false information he posted about the Koh Kong deputy governor’s involvement in a land dispute in the province.

Youn Chhiv was summoned by the Botum Sakor district police and presented himself for questioning on Tuesday. He was made to write a letter of apology to the deputy governor and agreed to remove an article posted on his media outlet’s Facebook page before the case was sent to the court yesterday. The case went to trial today, without a judicial investigation being opened, on the grounds that he was allegedly caught in the act of committing the crime (in flagrante delicto).

28 August 2021

Two land community representatives in Svay Rieng province were sent to pre-trial detention today on charges of disobeying administrative measures and obstructing against the implementation of prevention measures, under Articles 10 and 11 of the recently passed Covid Law, which carry up to 5 years in prison and a fine of up to 20 million riels each.

Ms. Yous Sophorn and Ms. En Soth, two representatives from Samaki Chek Meas community in Svay Chrum district, were summonsed by provincial police on Friday morning and were arrested after arriving at the police station. The summons related to a community protest in a rice field involving more than 100 villagers that took place on 2 August 2021, during which authorities accused the two women of not following proper health measures and fined them 2 million riels each. The Svay Chrum district governor told local media at the time that if the women did not pay the fine within one month, they would face additional legal measures.

UN experts in April raised concerns about the “excessive prison sentences and fines” in the government’s Law on Preventive Measures Against the Spread of Covid-19 and other Severe and Dangerous Contagious Diseases, or the Covid Law, which was hastily passed and enacted without proper consultations in March 2021.

18 August 2021

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.

21 July 2021

Three jailed Mother Nature environmental activists who were arrested in September 2020 and convicted in May 2021 on charges of incitement have now been charged with plotting by the Phnom Penh Municipal Court in relation to a case involving four fellow activists from June 2021.

Thun Ratha, Phuon Keoraksmey and Long Kunthea were convicted on an incitement charge and sentenced to between 18 and 20 months and are currently in prison. They were questioned by an investigating judge this week in relation to plotting charges and face up to ten years in prison if convicted. The lawyers who previously represented them were not made aware of their transfer from prison for questioning and were not present during the interviews.

Plotting charges were filed in June 2021 against four Mother Nature activists – Sun Ratha, Ly Chandaravuth, Yim Leanghy and Alejandro Gonzalez-Davidson - as well as the additional charge of insulting the king. Spanish national Gonzalez-Davidson was charged in absentia, while the three activists were arrested and are currently in pre-trial detention. The activists face up to 10 years in prison if convicted.

5 May 2021

Three imprisoned youth environmental activists were sentenced by the Phnom Penh Municipal Court this morning to between 18 and 20 months in prison for organising a peaceful one-woman march that intended to highlight authorities’ ongoing filling-in of Phnom Penh’s Boeung Tamok lake and other activism to protect Cambodia’s natural resources.

Activists Long Kunthea and Phuon Keoraksmey, two women who were 22 and 19 years old when they were arrested in September 2020, were sentenced to 18 months in prison for “incitement to commit a felony or disturb social order” under Articles 494 and 495 of the Criminal Code and fined 4 million riel each (about $1,000). The third activist, Thun Ratha, 29, was sentenced to 20 months under the same charges, and he was also fined 4 million riel.

Two additional activists were also sentenced in absentia under the same charges, with warrants issued for their arrest. Alejandro Gonzalez-Davidson, a Spanish national and founder of Mother Nature environmental movement, was sentenced to 20 months in prison, while environmental activist Chea Kunthin was sentenced to 18 months. Both were also fined 4 million riel each.

22 January 2021

More than 70 workers and union leaders gathered outside Phnom Penh’s Wat Langka this morning to demand justice for murdered unionist Chea Vichea, who was gunned down in the street 17 years ago today. The peaceful Buddhist ceremony was shadowed by more than 60 uniformed and plain-clothes police and security forces.

Speaking at the ceremony, Independent Democracy of Informal Economy Association president Vorn Pao called for further investigation into the union leader’s murder, as well as demanding justice for those still facing harassment or imprisoned unjustly. Although two innocent men, Born Samnang and Sok Sam Oeurn, were falsely convicted and imprisoned for five years before their sentences were overturned, Vichea’s real killers have never been brought to justice.

Almost two decades after Vichea, the leader of the Free Trade Union of the Workers of the Kingdom of Cambodia, was killed, Cambodia’s pro-worker union leaders continue to face threats to their lives. In February last year, a deputy union leader at a Phnom Penh garment factory was left seriously injured after three masked men on a motorbike beat him on the head with a steel pipe outside his workplace. As in the case of Vichea’s murder, the perpetrators were never arrested.

15 January 2021

Two men have been sent to prison after being arrested by police yesterday morning while peacefully gathering outside the Phnom Penh Municipal Court during the ongoing mass trials of more than a hundred people accused of being connected to the banned Cambodia National Rescue Party (CNRP). Police seized four men who had gathered outside the court and turned them over to the Tbong Khmum provincial police. The two imprisoned men are believed to have been arrested in connection with a warrant issued by the provincial court accusing them of being an accomplice to incitement to commit a felony under articles 29, 494 and 495 of the Criminal Code. They were sent to Tbong Khmum provincial prison this afternoon. The other two men were released yesterday evening after questioning.

The arrests came after dozens of supporters of the former opposition party gathered outside the court to protest a series of mass trials set for the coming days and weeks, in which more than 130 people are facing charges of plotting against the state or incitement to disturb social order. This morning, a group of non-violent demonstrators were barred from gathering outside the court and threatened with arrest unless they dispersed immediately. Both days, security guards attempted to stop journalists and human rights monitors from taking photos outside the court.

Yesterday’s trial, in which 60 people were summonsed to answer charges of incitement and plotting, will continue on January 28. Today, Cambodian Confederation of Unions president Rong Chhun appeared in court alongside former CNRP youth activist Sar Kanika, Ton Nimol and Khmer Win Party leader Soung Sophorn, also facing incitement charges. Kanika was one of more than 20 young activists arrested for peaceful demonstrations calling for the release of the imprisoned unionist, who was arrested in July over public comments he gave about border issues shortly after he visited farming communities along the Vietnam border.

3 January 2021

About 80 unionists, land activists, and CSO members gathered at the office of Solidarity House in Phnom Penh this morning to mark the seventh anniversary of the shooting on Veng Sreng Boulevard, in which security forces opened fire on striking workers, leaving at least four dead, dozens wounded and one missing.

A Buddhist ceremony and memorial service was held to remember the January 3, 2014 shooting, and several family members of killed and missing workers continued their call to find justice for their loved ones.

The four workers who were killed are Kim Phaleap, Sam Ravy, Yean Rithy and Pheng Kosal. Khem Sophath, another worker, has been missing since the shooting, and was last seen in the custody of security forces with a bullet wound in his stomach.

22 December 2020

The Siem Reap court today found two rappers, Kea Sokun and Long Putheara, guilty of incitement to commit a felony under Article 495 of the Criminal Code over songs they released addressing social issues. Sokun was sentenced to 1.5 years in prison, of which he must serve 1 year in prison with the remainder suspended. Putheara was sentenced to 5 months in prison, of which he must serve 3 months and 11 days in prison with the remainder suspended.

Sokun, who was 22 at the time of arrest, and Putheara, who was 17, were arrested in September and put into pre-trial detention over lyrics in rap songs they produced that were critical of the government’s response to social issues such as the economy and Cambodian border. The complaints against the two rappers were filed by the Ministry of Culture and Fine Arts.

10 December 2020

Family members of at least five imprisoned human rights defenders called for their loved ones’ release today, as communities across Cambodia were forced to turn to social media to celebrate Human Rights Day. With a number of local authorities refusing to allow grassroots communities to gather together to commemorate the 72nd anniversary of the signing of the Universal Declaration of Human Rights, citing the threat of a potential COVID-19 outbreak, more than two dozen communities chose instead to launch social media campaigns calling for their fundamental freedoms to be respected.

For the first time in 27 years, Cambodians were unable to celebrate human rights day as a public holiday after the government stripped it from the calendar last year. Despite this, dozens of communities across the country organised events bringing together hundreds of farmers, workers and grassroots groups to speak out about land grabbing, workers’ rights and ongoing human rights violations facing their communities. With Cambodia experiencing its first case of COVID-19 community transmission barely two weeks before the planned celebrations, many groups turned to social media, promising an online campaign stretching until December 25. A handful of people from one community in Koh Kong province who launched their digital campaign by filming themselves posing with a banner were observed by a large group of local police.

18 November 2020

Two community representatives from Koh Kong province have been placed under judicial supervision as hundreds of community members from Sre Ambel district gathered outside the Koh Kong Court of First Instance to call for the charges against their representatives to be dropped. Both women face up to two years in prison if found guilty.

Phav Nheung and Seng Lin had appeared before an investigating judge on charges of defamation and incitement to disturb social security. The women, who will now have to report monthly to district police, appear when summoned by court authorities and will not be able to move house without the court’s permission, represent almost two hundred families who have had hundreds of hectares of vital farmland seized by the Heng Huy Agriculture Group since 2008 to make way for a sugar plantation.

Both representatives were the target of a complaint launched by former community representative Chhay Vy. Vy’s brother, the late commune chief, was accused by the three women in 2019 of having seized land for himself during the unresolved land dispute. Another woman, Khorn Phun, had also been summoned for questioning over defamation charges. However, judicial supervision is not applicable for this charge.

6 September 2020

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.