LIBRARY

31 May 2024

Thousands of children and minors across Cambodia are locked up in overcrowded and under-resourced prisons this Children’s Day. The number of children and minors living in prison, rather than being at home with their families or studying at school, has continued to grow at a staggering rate over the last year. This is deplorable.

LICADHO calls on the Ministry of Interior, Ministry of Justice, courts, and law enforcement to stop the excessive detention of children and minors in prison, and to immediately and consistently use alternatives to detention before resorting to imprisonment. It is crucial that children are not placed in overcrowded cells, deprived of basic care, or cut off from their communities. This is not the first time LICADHO has issued this call, but the problem has only become more dire.

6 January 2024

Outspoken social commentator Ny Nak was sent to pre-trial detention by a Phnom Penh court this morning after being questioned on charges of incitement to discriminate and defamation on Friday.

Nak claimed the charges were filed due to a Facebook post in which he questioned the government’s decision to give away 91 hectares of land in Kampot province to an individual named Heng Sour. A local newspaper identified the land recipient as the current Minister of Labour Heng Sour, but that was later denied by the government. Nak is being held at Phnom Penh’s Correctional Center 1.

Nak said his arrest was due to a complaint filed by Sour over at least one of Nak’s social media posts, made on 17 December 2023, which asked, “What achievements has Heng Sour done for the Khmer nation, that the government gave him forest land as his personal property? RIP Khmer forests.”

3 January 2024

Around 100 people gathered at Solidarity House in Phnom Penh this afternoon to mark 10 years since the fatal violence that took place at the capital’s Veng Sreng Boulevard, when mixed government forces opened fire on striking workers, killing at least four and wounding 38. Khem Sophath, a child at the time, was shot and remains missing to this day.

The remembrance was attended by union, association and NGO leaders and members, and began with prayers by monks. Vorn Pao, president of the Independent Democracy of Informal Economy Association (IDEA), who was beaten and arrested in 2014 while observing a strike in front of the Yak Jin factory the day before the shootings, spoke at the event.

“The second of January was a tragic day… Before the police arrested us, they did not tell us about the charges and we could not meet with a lawyer. We were protesting for increasing the salary for the worker,” Pao said.

6 July 2023

We, the undersigned, call for the baseless charges of incitement against 10 land activists from three communities in Koh Kong province to be immediately dropped, and for their unconditional release. These activists did nothing but peacefully raise concerns and speak out in defence of their land and fellow community members, but have been harassed and imprisoned for doing so.

The 10 activists were arrested and charged with incitement under Articles 494 and 495 of the Criminal Code on 29 June 2023. Nine of them are currently in pre-trial detention in Koh Kong provincial prison; one was released on bail with restrictive conditions. The charges followed their attempt to peacefully travel to Phnom Penh to submit a petition to the Ministry of Justice. If convicted, each activist faces up to two years in prison and a fine of up to 4 million riel (about US$1000).

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.

1 June 2023

On Children’s Day 2023, amid a soaring number of minors detained behind bars, LICADHO calls on the Cambodian government, including the Ministry of Justice, Ministry of Interior and courts, to immediately address the ongoing crisis of children unnecessarily growing up in Cambodia’s inhumane prisons.

The number of minors detained in the 19 prisons monitored by LICADHO has soared by more than 30% over the last year according to information provided by prison administrations, reaching 1,658 minors in April 2023. More than 96% of them are boys, 52% of them were in pre-trial detention, and a further 37% were awaiting a final verdict.

30 March 2023

The Supreme Court this morning upheld the verdict of the Phnom Penh Municipal Court, which convicted 12 members of the former Cambodia National Rescue Party (CNRP) and a former Interior Ministry official on charges of incitement and plotting, and sentenced each to 5 years in prison with 16 months suspended. No reasoning was provided by the Supreme Court in its judgment.

The 13 individuals were convicted on 17 March 2022 by the Phnom Penh Municipal Court in a mass trial, alongside eight other former CNRP leaders and members who did not file an appeal. The Phnom Penh Appeal Court upheld the convictions of the 13 defendants in December. The 13 individuals are Chhon Bunchhat, Long Phary, Khut Chroeb, Ngin Khean, Yim Sareth, Khoem Pheana, Thai Sokunthea, Keo Thai, Nhaem Van, Chum Chan, Sok Chantha, Peat Mab, and Sun Thun.

All 13 men were detained throughout their trial in the lower courts, with several of them detained for up to three years while awaiting today’s final verdict. They remain in Tbong Khmum’s Correctional Centre 3 prison serving the unsuspended portions of their sentences, 3 years and 8 months. The sentences will see them imprisoned throughout Cambodia’s July 2023 National Election.

24 March 2023

The Phnom Penh Municipal Court this afternoon convicted Seam Pluk, co-founder of the Cambodia National Heart Party (CNHP), and twelve others on charges of forgery and use of forged documents under Articles 626, 627 and 628 of the Criminal Code. In addition to Pluk, who has been in detention since April 2022, three additional co-defendants were arrested hours before the verdict for unknown reasons.

The court sentenced Pluk to two years and six months in prison and imposed a fine of 5 million riel (USD $1,250), while the other 12 defendants received two-year sentences with the same fine. Warrants for their arrest were issued. The court provided no reasoning in its judgment.

24 March 2023

The Supreme Court rejected the appeal of seven women unionists this morning, all of whom are representatives of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) and include its President Chhim Sithar. As a result of the Supreme Court’s decision, Sithar will remain in prison throughout an ongoing incitement trial, which commenced at the Phnom Penh Municipal Court on 21 February 2023. The other six women – Chhim Sokhorn, Hay Sopheap, Kleang Soben, Ry Sovandy, Sun Srey Pich, and Touch Sereymeas – will remain under judicial supervision. The Supreme Court’s decision was made on the grounds that no written power of attorney was submitted as part of the appeal.

The seven women are currently on trial (alongside two other defendants) for charges of incitement as a result of their peaceful strike action. They had appealed the December 2022 decision of the Phnom Penh Municipal Court’s Investigating Judge, who had ordered that Chhim Sithar remain in provisional detention. The Investigating Judge had also placed the other six unionists under judicial supervision.

LRSU members have been on strike since December 2021 following mass layoffs at the NagaWorld casino, which included the LRSU’s entire leadership and a significant number of its members. The seven unionists were first arrested on charges of incitement in late December 2021 and early January 2022, and spent two months in pre-trial detention. They were released in March 2022, but Sithar was again arrested and imprisoned on 26 November 2022 at Phnom Penh International Airport while returning from a labour rights conference in Australia. Sithar was re-arrested for allegedly violating judicial supervision conditions, despite the fact that neither she nor her lawyers were ever informed of any conditions. Sithar remains in Correctional Center 2 prison in Phnom Penh.

3 March 2023

The Phnom Penh Municipal Court this morning convicted Kem Sokha, the former President of the dissolved opposition Cambodia National Rescue Party (CNRP), of treason and conspiracy with a foreign power under Articles 439 and 443 of the Criminal Code. He was sentenced to 27 years in prison, and immediately transferred to house arrest after being escorted from the courtroom by five police and security officers. His conviction comes less than five months prior to Cambodia’s 2023 National Election.

The court also ordered the permanent removal of Kem Sokha’s political rights to stand for or vote in an election as an additional penalty under Article 450 of the Criminal Code. The judgment stated that the level of damages is pending assessment, which is likely in relation to a civil action that may be filed in accordance with Article 22 of the Criminal Procedure Code.

27 February 2023

The Phnom Penh Municipal Court this morning confirmed its conviction of former opposition commune chief Kim Tola on the charge of incitement, sentencing her to 18 months in prison.

Tola, who was elected in Kampong Speu province, was one of seven former Cambodia National Rescue Party (CNRP) officials tried and convicted of incitement in July and August 2022 in a case related to Facebook posts from 2018 through 2021. Tola was convicted in absentia and sentenced to 18 months in prison.

Tola was arrested on 30 October 2022 at Phnom Penh International Airport while leaving to meet her husband in Germany. Tola’s lawyer objected to the August 2022 conviction on the basis that Tola was never properly summonsed, and the Municipal Court reheard the case against her on 6 February 2022. Without providing any reasoning, the court again found Tola guilty of incitement despite the lack of evidence during the retrial that Tola had liked, commented on, or shared the Facebook posts of other parties that were the subject of the case.

3 January 2023

On 9 January 2023, officers from the Phnom Penh Police Commissariat informed LICADHO’s operations director during an interview that refusing to remove the music video titled “Workers’ Blood” from social media and the organisation’s website would result in further legal action by authorities.

To avoid further legal action, LICADHO removed the music video from Facebook last night and from the website today. A censored page remains in its place.

22 December 2022

The Phnom Penh Municipal Court this morning convicted 36 former leaders, members and supporters of the forcibly dissolved Cambodia National Rescue Party (CNRP) of plotting under Article 453 of the Criminal Code. The former opposition activists each received sentences ranging from five to seven years in prison, with only three activists receiving suspended sentences. Political rights of 11 activists were also suspended for a period of five years.

The political activists were convicted on the basis of their Facebook posts and recorded private phone calls regarding an attempt by Mu Sochua and other former CNRP leaders to return to Cambodia in January 2021 to stand trial in a separate mass trial. Sochua was denied boarding because the Cambodian government cancelled her passport and refused to issue her a visa for her country of birth.

7 December 2022

Two people died while being arbitrarily detained at the state-run Prey Speu Social Affairs Centre in August 2022, with evidence pointing to more than 10 deaths among the centre’s detainees during July and August 2022.

LICADHO has documented abuses at Prey Speu since it opened in 2004 and has publicly called for its closure since 2008. Today, we renew that call. Close Prey Speu, and put an end to the horrors faced by the people detained there.

29 September 2022

The Covid-19 Law, officially titled the Law on Preventive Measures Against the Spread of Covid-19 and Other Severe and Dangerous Contagious Diseases, was hurriedly passed on 11 March 2021 without consultation with civil society and other stakeholders, and took immediate effect. The law, reinforced by two hastily drafted sub-decrees on health and administrative measures, grants the government extraordinarily broad powers and discretion to significantly interfere with fundamental social, political and economic rights. There are inadequate provisions for independent oversight of authorities’ measures, and a lack of meaningful limits on the duration and scope of oppressive restrictions. Over half the text of the Covid-19 Law is devoted to penalties, including prison sentences of up to 20 years for vaguely phrased violations.

29 September 2022

Cambodia’s repressive Covid-19 Law has resulted in serious rights violations against human rights defenders, land rights demonstrators, unionists, and other citizens over the past year due to authorities’ discriminatory application of the law’s overly broad scope and powers, and the imposition of excessive penalties. Authorities can charge individuals under the law effectively at any time, despite decreasing case numbers. The potential misuse of the law to suppress criticism and fundamental freedoms is an ongoing threat, and serves as an example of harms caused by rushed legislation granting new, unfettered powers to the government.

21 June 2022

Recently elected Candlelight commune chief Nhem Sarom was arrested this afternoon and detained in Kampong Thom province for an alleged robbery committed twenty years ago. He is one of four opposition party commune chiefs nationwide who were elected in Cambodia’s commune elections earlier this month.

The alleged robbery occurred in 2002 and Sarom was charged five years later in 2007 under Article 6 of the Law on Aggravating Circumstances of Crimes. An arrest warrant was later issued in 2012. Sarom was convicted in absentia in 2014 alongside three others for allegedly stealing a generator and sentenced to 5 years in prison. The plaintiff had withdrawn her complaint prior to the conviction.

Sarom was elected less than a month ago to become the chief of the Chamna Leu commune council in Stung district, Kampong Thom province and was set to take the position following certification of the election results on 26 June. He previously served as a commune councillor in that commune in 2017 with the Cambodia National Rescue Party (CNRP) prior to the party’s dissolution, after which his seat was handed to the ruling Cambodian People’s Party (CPP).

8 March 2022

Women unionists have faced targeted harassment in an attempt to intimidate them into stopping their strike. LICADHO is releasing a video featuring several of these brave women to mark International Women’s Day.

24 February 2022

We, the undersigned civil society groups, communities and trade unions, are dismayed by recent incidents of state-sponsored violence, including sexual harassment, against Cambodian women engaged in peaceful strikes and assemblies. Members of the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) – most of whom are women – have been subjected to violence, imprisonment, and arbitrary application of COVID-19 measures in response to their peaceful strike since December 2021.

Authorities have repeatedly pushed, dragged and carried peaceful strikers onto buses to take them to a COVID-19 quarantine centre in Prek Phnov district, Phnom Penh this week. On 22 February 2022, a male officer grabbed and squeezed the breast of one woman as she was being forced onto a bus. Similarly, on 29 December 2021, state authorities used vulgar sexual language toward a striker and threatened to sexually assault her.

9 February 2022

Three more unionists from the Labor Rights Supported Union of Khmer Employees of NagaWorld (LRSU) were charged on Wednesday with obstructing authorities’ health measures and sent to pre-trial detention in Phnom Penh’s PJ prison. Deputy prosecutor Seng Heang has also issued an “order to bring” for four additional LRSU unionists, which compels authorities to forcibly take them in for questioning.

Choub Channath, Sao Sambath and Seng Vannarith were charged under Article 11 of the Covid-19 law, with authorities accusing them of obstruction of enforcement measures. The charges carry between six months and three years in prison and a fine of up to 10 million riel – though the penalty increases to between two and five years in prison and a fine of up to 20 million riel if the act leads to Covid-19 infections or has “serious impact” on public health.

The three men were arrested on Saturday around 7:30 pm as they were leaving a Koh Pich Covid-19 testing site in a tuk-tuk. Earlier that day, the government ordered LRSU strikers into buses to go to the testing center and take multiple Covid tests. Strikers had complied with the order, including the three detained individuals who had all tested negative. A total of six people were arrested that evening, but three were later released.