LIBRARY

18 July 2024

The Siem Reap Provincial Court this morning convicted three Kuy community members as part of a long-standing dispute with the Ministry of Environment and military over land within the Chub Saom Community Protected Area (CPA) inside the Kulen Promtep Wildlife Sanctuary.

In August 2023, Ministry of Environment officials, accompanied by local authorities and military officials, destroyed trees at the mango farm of two land activists, San Sre and Breng. The incident was live streamed by Sre’s brother, San Seth. A few weeks later, all three family members — who are Kuy and have been actively advocating for roughly 250 families’ land rights amid growing pressure from authorities — were told that criminal charges had been filed against them.

4 July 2024

The Phnom Penh Capital Court’s conviction and sentencing of 10 Mother Nature activists to 6-8 years in prison, and the arrest of five of them on 2 July 2024, is a shame for our nation. Silencing environmental defenders and characterising their peaceful advocacy as a threat to the state is a mockery of justice.

It is well past time for authorities to listen to and work with youth and environmental activists. Stop spending resources harassing, threatening and prosecuting the brave and passionate young people who are working to protect Cambodia’s most precious natural resources.

27 June 2024

Twelve Koh Kong land activists were convicted by a provincial court on incitement charges for attempting to travel to Phnom Penh in 2023 to petition authorities for a resolution to their long-standing land dispute.

The Koh Kong Provincial Court found all 12 defendants guilty of incitement on Wednesday and imposed a suspended sentence of six months in prison. The defendants are Det Huor, Heng Chey, Inn Thou, Lang Cheav, Phav Nheung, Seng Lin, Sok Chey, Soung Theng, Tith Tang, Yi Kunthea, Yoeut Khmao, and Rek Soeung.

In July 2023, the group of activists from three communities were stopped at Srae Ambel district in Koh Kong and prevented from reaching Phnom Penh to deliver a petition to Justice Minister Koeut Rith. A majority of the defendants — including Nheung, Lin, Heng Chey and Sok Chey — have also faced multiple charges in separate cases.

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.

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).

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.

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.

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.

22 February 2024

The Phnom Penh Appeal Court this morning upheld the 2021 decision of the Kampong Chhnang Provincial Court convicting three Lor Peang Community members of “obstruction of public official” and “intentionally causing damage” as part of a long-running land conflict. The three community members are Nhem Nhuen (also known as Snguon Nhuen), Reach Seima and Pul Sorn.

Lor Peang Community has resisted community members’ land being encroached by KDC International, a company owned by Chea Kheng, the wife of former Minister of Mines and Energy Suy Sem. The charges stem from an incident in 2013, when KDC International began establishing borders over the disputed land in Kampong Chhnang province. Members of Lor Peang Community arrived at the site to protest, during which a temporary security guard hut was destroyed.

Almost eight years later, the provincial court convicted the three Lor Peang Community members under Articles 503 and 410 of the Criminal Code. All received suspended sentences of 2 years and 6 months and were ordered to pay compensation of 2.8 million riel (approximately US$700), a decision that was today upheld by the Appeal Court.

16 February 2024

The Tbong Khmum Appeal Court yesterday suspended a two-year prison sentence given to four Srae Prang Community members, who were accused of intentional damage for blocking a private company from clearing their land.

The four community members are part of group of nine defendants who are alleged to have blocked machinery belonging to Harmony Win Investment Co. Ltd. from clearing their land in 2017 and 2020. They were convicted of intentional damage and sentenced to two years in prison in 2021 by a provincial court. The Tbong Khmum Appeal Court upheld the verdict in 2022, but the Supreme Court sent the case back to the appeal court in August 2023.

On Thursday 15 February 2024, the appeal court upheld the sentences of the four community members and suspended their two-year prison sentences. The community members are Chhork Chhey, Khem Sokcheang, Pum Pich and Veun Ver.

19 December 2023

The Preah Sihanouk Appeal Court this morning upheld the defamation convictions of two Koh Kong land activists, Phav Nheung and Seng Lin, under Article 305 of the Criminal Code. The court also dropped incitement charges under Articles 494 and 495 against them, partially upholding the decision of the Koh Kong Provincial Court from August.

Nheung and Lin were the target of a complaint launched by Chhay Vy, a former community representative whom the women had accused in 2019 of seizing land. The activists were each fined 4 million riel (approximately US$1,000) and ordered to pay 40 million riel (approximately $10,000) in compensation to Vy.

Both Nheung and Lin were jailed in pre-trial detention between 30 June and 6 October this year over the incitement charges, with Nheung detained alongside her infant son.

6 October 2023

Two Koh Kong land activists, Phav Nheung and Seng Lin, were released from Koh Kong provincial prison today, after the Preah Sihanouk Appeal Court yesterday ordered the release of the detained women from pre-trial detention.

The Koh Kong Provincial Court in August sentenced both women to one year’s imprisonment and to pay 40 million riel (approximately US$10,000) after finding them guilty of defamation and incitement under Articles 494, 495, and 305 of the Criminal Code. Both were the target of a complaint launched by former community representative Chhay Vy, whom the women had accused in 2019 of seizing land.

Both Nheung and Lin had been in pre-trial detention since 30 June 2023, following their arrest on 29 June. Nheung’s almost two-year-old son had been living in prison with his mother since.

6 October 2023

On 4 October 2023, the Tbong Khmum Appeal Court announced its verdict dropping all charges against five Ratanakiri forest activists, including Chhorn Phalla. Phalla is a long-time environmental activist who has been imprisoned since his arrest in September 2021. Chhorn Phalla was released today, after the prosecution confirmed that the Appeal Court’s decision would not be appealed.

Phalla had been sentenced to six years’ imprisonment in July 2022, while four other activists – Kham Masork, Sithan Nhan, Thvae Hok and Lat Branh, all of whom are Tampuon indigenous peoples – were sentenced to five years’ imprisonment, but were not imprisoned pending appeal. The charges relate to a 2017 meeting that the five men attended in an effort to protect their forests and land and raise awareness about illegal logging.

The five were previously convicted by the Ratanakiri Provincial Court, which alleged that they had “felled trees, encroached and cleared forest land, set forest fire, and bulldozed forestlands to claim ownership” contrary to Article 28 of the Criminal Code and Articles 56(4) and 62(1) of the Law on Natural Protected Areas.

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.

29 August 2023

Equitable Cambodia (EC) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) today are releasing Debt Threats: A quantitative study of microloan borrowers in Cambodia’s Kampong Speu province. The report features findings from a survey of 717 households.

The research shows that widespread over-indebtedness has led to significant numbers of serious human rights abuses – including hunger, child labour, and coerced land sales – across Kampong Speu province. Borrowers are making unacceptable sacrifices to repay loans that are overwhelmingly collateralised with land titles, and that often far exceed borrowers’ incomes and ability to repay.

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.

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.