Observatory for the Protection of Human Rights Defenders Annual Report 2006 - Cambodia

Ongoing detention of Mr. Sok Sam Oeun and Mr. Born Samnang⁶

As of the end of 2006, Mr. Sok Sam Oeun and Mr. Born Samnang were still being detained in Prey Sar prison for the death of Mr. Chea Vichea, president of the Free Trade Union of the Workers of the Kingdom of Cambodia (FTUWKC), who was shot dead on January 22, 2004. They were transferred to Prey Sar prison in the fall of 2006.

In a trial marred with irregularities, Mr. Sok and Mr. Born were found guilty of murder on August 1, 2005 and were sentenced by the Phnom Penh Municipal Court to 20 years' imprisonment and a fine of 3,800 dollars in compensation and interests. Mr. Chea Mony, the brother of the victim and president of FTUWKC, stated that he would refuse the money because he had his doubts as to whether the two men were guilty.

On October 21, 2005, Mr. Sok and Mr. Born filed an appeal after having asked for an amnesty from King Norodom Sihamon.

On July 25, 2006, the secretary of the Ministry of Justice wrote to Mr. Chea Mony that more evidence would be required to reopen the investigation.

In this respect, on August 10, 2006, Ms. Var Sothy, owner of the newspaper stand in front of which Mr. Chea Vichea was murdered, gave a detailed witness statement stating the innocence of the two men and describing the murder, the murderer and his accomplice, their car, etc. The statement was given from abroad, as she left the country, fearing for her life.

In August 2006, the police officer in charge of the arrest of the two men, Mr. Heng Pov, former superintendent of Phnom Penh, admitted in an interview with the French newspaper L'Express that he had believed that the men were innocent as soon as the investigation had begun. He has since fled Cambodia, after having accused the Prime Minister and other high-level representatives of the authorities of being involved in many human rights abuses, including murders, kidnappings and drug trafficking.

A hearing in the appeal lodged by Mr. Sok and Mr. Born's lawyers was scheduled for October 6, 2006. However, it was postponed indefinitely due to the absence of the president of the Court.

Acts of harassment against CCHR members⁷

Judicial proceedings against Mr. Kem Sokha, Mr. Yeng Virak and Mr. Pa Nguon Teang⁸

On December 31, 2005, Mr. Kem Sokha, president of the Cambodian Centre for Human Rights (CCHR), and Mr. Yeng Virak, director of the Community Legal Education Centre (CLEC) and a member of the organising committee for celebrations of the International Human Rights Day (December 10), were arrested and charged with "defamation" in relation to these events. This charge was based on the display of CCHR banners criticising Prime Minister Hun Sen's policies. The men were held in provisional detention in Prey Sor prison, near Phnom Penh.

On January 4, 2006, Mr. Pa Nguon Teang, CCHR deputy director and producer of its Voice of Democracy radio programme, Mr. Ou Virak, CCHR spokesperson, and one of their friends were arrested by the police. Mr. Pa Nguon Teang was then taken to the Ministry of the Interior in Phnom Penh, where he was held overnight before being interrogated on his role in organising the December 10 celebrations. He was charged with "defamation" in relation to these events and taken to Prey Sor prison.

On January 7, 2006, two CCHR members were briefly detained by the Takeo police because they were encouraging villagers to sign a petition calling for the release of Mr. Kem Sokha.

On January 11, 2006, Mr. Yen Virak was released on bail.

On January 17, 2006, Mr. Kem Sokha and Mr. Pa Nguon Teang were also released on bail on the order of the Prime Minister.

On February 3, 2006, the complaints for defamation lodged by Mr. Hun Sen against Mr. Kem Sokha, Mr. Pa Nguon Teang and Mr. Yeng Virak were officially dropped.

However, by the end of 2006, the charges against them were still pending, since, according to Cambodian law, the withdrawal of a criminal claim for defamation does not imply that the charges have been dropped. Therefore, Mr. Pa Nguon Teang, Mr. Kem Sokha and Mr. Yeng Virak still faced eight days to a year of imprisonment and/or a fine of one million to ten million riels (around 210 to 2,100 euros).

Arbitrary detention of Mr. Pann Soeun

On March 1, 2006, Mr. Pann Soeun, regional director of the CCHR Takeo section, was arrested in Srae Liew village, Trapeang Kleang commune, Chhuk district. He was there to negotiate with monks the organisation of a CCHR conference in the Koh Sla pagoda. The governor of Kampot province, who was attending a meeting in the pagoda, approached Mr. Pann Soeun with his deputy, the village chief, other representatives of the local authorities, and journalists. He asked him for his mission order, which is given to CCHR members every month by the CCHR president. The governor then informed him that his mission statement had expired and ordered the village chief to take Mr. Pann Soeun's deposition. The latter was taken to the Trapeang Kleang police station and was asked why he had gone to the village without asking for the local authorities' permission. Mr. Pann Soeun refused to admit his "errors" in writing.

Alerted of the situation by the end of the afternoon, CCHR members went to the police station and obtained Mr. Soeun's release. The police allegedly said that it did not have any reason to detain Mr. Soeun, but that they were only following the governor's orders.

On March 3, 2006, CCHR asked the Ministry of the Interior to open an investigation into the events. In October 2006, the Ministry informed Mr. Pann Soeun that it had asked the Kampot governor to meet him. By the end of 2006, this meeting had not yet taken place.

Arbitrary detention of Mr. Hem Choun

On June 7, 2006, Mr. Chun Socheath, a CCHR investigator, and Mr. Hem Choun, a reporter for the newspaper Samrek Yutethor (Fight for Justice), were arrested by armed policemen while leaving Kouk Roka commune (Dangkao district), where the villagers of Sambok Chap had been displaced the day before after their forced eviction. Mr. Chun Socheath was accompanying Mr. Hem Choun, who had already been threatened with arrest when he had retrieved the testimonies from Sambok Chap villagers.

Mr. Chun Socheath and Mr. Hem Choun were taken to Kraing Thnoung police station. Mr. Chun Socheath was released immediately, while Mr. Hem Choun was transferred to the Phnom Penh police station without a warrant.

He was charged along with two Sambok Chap villagers with "wrongful damage to property" under Article 52 of the Provisions relating the judiciary, criminal law and procedure applicable in Cambodia during the transitional period (United Nations Transitional Authority in Cambodia – UNTAC Law). The village chief, his assistant and a member of the municipal council filed a complaint against them for "encouraging the population to burn down the house of the village's chief ", "attempted murder" and "material destruction" during an uprising on May 31, 2006.

As of the the end of 2006, Mr. Hem Choun was still detained in Prey Sar prison.

Judicial proceedings against Mr. Ing Kong Chit

On October 24, 2006, Mr. Ing Kong Chit, CCHR investigator for the Battambang section, was summoned by the Provincial Court of Battambang province for "defamation", following a claim by the director of Pailin hospital. Mr. Ing Kong Chit had denounced his corrupt practices during a radio programme on Voice of Democracy.

The preliminary hearing was postponed due to the Prosecutor's absence. As a result, the Court had not yet decided on the validity of the charges by the end of 2006.

Acts of harassment against defenders of peasants' rights⁹

Attack against Mr. Choeung Rithy

On January 22, 2006, Mr. Choeung Rithy, resident of Raksmey Samakee village (Nimit), O'Chrov district, was hit several times in the face by Mr. Kuor Keng, the brother-in-law of the Kampot governor. Mr. Rithy is disabled. On the request of the villagers, Mr. Rithy had come to ask Mr. Kuor Keng to stop the activities of a company that was pumping water from the communal basin used by villagers to irrigate their crops.

When Mr. Choeung Rithy met the village chief to file a complaint, the latter threatened to put him in prison.

Nevertheless, Mr. Choeung Rithy lodged a grievance, but no investigation had been opened by the end of 2006.

Judicial proceedings against three representatives of Banteay Meanchey villagers

On March 23, 2006, Mr. Nuth Lay, Mr. Sath Samnieng and Mr. Heng Nauk, representatives of O'Russei villagers, Poipet, organised a peaceful protest of around 100 people to denounce the rape of several young girls by a local monk, who was allegedly being protected by the village chief, Mr. So Moeun.

Mr. So Moeun complained against the three villagers on June 2, 2006, stating that he had suffered economic loss because the protest had forced him to cancel a party.

On June 7, 2006, the Banteay Meanchey Provincial Court charged the three men with "instigating criminal acts".

On June 30, 2006, Mr. Nuth Lay, Mr. Sath Samnieng and Mr. Heng Nauk stood before the Provincial Court. They were released following interventions by their lawyers and the Office of the United Nations High Commissioner for Human Rights. However, as of the end of 2006, the charges were still pending.

Ill-treatment and judicial proceedings against Ms. So Socheat

On May 3, 2006, Ms. So Socheat, representative of the Wat Bo villagers, Sala Kamroeuk commune (Siem Reap), was arrested during a peaceful protest of villagers against attempted evictions.

This gathering, which was held on the third day of negotiations between villagers and authorities of the Wat Bo pagoda (Siem Reap), who claim property rights for their land, was violently dispersed by about forty policemen armed with electrified batons. Ms. So Socheat was beaten and detained while attempting to protect the villagers from blows.

On May 4, 2006, Ms. So Socheat was released, but she remained charged with "material destruction".

Arbitrary arrest of Mr. Tep Naroth, Mr. Nget Soseng, Mr. Try Chhuon and Mr. Chhim Savuth

On May 4, 2006, Mr. Tep Naroth and Mr. Nget Soseng, members of the Cambodian League for the Promotion and Defence of Human Rights (LICADHO), Mr. Try Chhuon, a member of the Cambodian Human Rights and Development Association (ADHOC), and Mr. Chhim Savuth, a CCHR member, were arrested by around thirty policemen and soldiers on the orders of the provincial department of agriculture and forestry administration. They were gathering information on a dispute over property rights between provincial authorities and the residents of Prey Peay village, Trapeang Plang commune (Chhouk district). They were prevented from reaching the area and gathering the necessary information on the demolition of a house.

When Mr. Try Chhuon took pictures, his camera was confiscated and the negatives were destroyed.

The four men were arrested for half an hour and then expulsed from the land.

ADHOC filed a complaint for illegal detention before the Kampot Provincial Court. The case was still pending by the end of 2006.

Arbitrary detention of Mr. Tan Sokhom

On May 22, 2006, Mr. Tan Sokhom, a member of ADHOC, was arrested by a forestry patrol composed of military police and members of the international NGO WildAid. Mr. Tan Sokhom was handcuffed for nearly 30 minutes and the film of his camera was destroyed. He had taken pictures of a clash between villagers and the patrol, which had burned three houses in the village, claiming that they had been built on a protected area.

A WildAid representative then accused Mr. Tan Sokhom of "leading a riot". ADHOC brought a claim against WildAid before the Koh Kong Provincial Court. The case was still pending as of the end of 2006.

Arbitrary detention of Mr. Chhea Ny, Mr. Hem Lack and Mr. Mou Sabb

On August 1, 2006, Mr. Chhea Ny, representative of 3,170 families involved in a long land dispute with local authorities in Bavel district, was arrested by a group of policemen, soldiers and members of the military police. He was accused of "abuse of individual rights" (Article 57 of the UNTAC Law, a crime liable to five years' imprisonment) and "trespass on private property" (Article 253 of the 2001 Territorial Law, which provides for a two-year prison sentence and a fine of 25 million riels – 4,688 euros).

At least seven other villagers, including Mr. Chhea Ny's wife, were injured when they tried to stop his arrest.

On September 4, 2006, Mr. Hem Lack and Mr. Mou Sabb, two other representatives of the 3,170 families mentioned above, were arrested and taken to Battambang prison.

On November 13, 2006, Mr. Chhea Ny appealed against his detention. He was acquitted of the charge of "abuse of individual rights" but not of "trespassing on private property".

As of the end of 2006, Mr. Chhea Ny, Mr. Hem Lack and Mr. Mou Sabb were still being detained in Battambang.

Arbitrary arrest of Mr. Tann Heng

On August 3, 2006, Mr. Tann Heng was arrested. He is the representative of 133 families of the Stung Trang district, Kampong Cham, in a dispute against the Boeung Ket rubber plantation. The families, who have lived on the land for a long time, have claimed ownership under Land Law, although the plantation has made a similar claim and has begun to clear parcels.

Mr. Tann Heng went to Kampong Cham Provincial Court several times to defend the villagers against a complaint filed by the company. On August 3, 2006, he was placed in custody and charged the next day with "destruction of public property".

Mr. Tann Heng is also the author of several letters protesting against the company's presence on the land.

On August 7, 2006, Mr. Tann Heng was released after being forced to sign a document in which he renounced to his rights to his parcel of land.

The charges were still pending by the end of 2006.

Acts of harassment against trade unionists¹⁰

Aggression and acts of harassment against several FTU leaders in Phnom Penh

In 2006, the leaders of the Free Trade Union of Workers (FTU) in the Bright Sky and Suntex textile factories, which belong to the same owner in Dangkor district, Phnom Penh, were attacked several times and harassed because of their fight for better work conditions:

– On March 1, 2006, Mr. Chi Samon, FTU president at the Bright Sky factory, was threatened by military police during the repression of a strike in the factory. He was told that he would be targeted by the police if he continued to organise actions within the company.

Moreover, as he left the factory on May 3, 2006, he was attacked by seven men, including a member of a rival trade union. He was hit several times in the face and on his body with sticks and iron bars. The attackers were then chased away by other workers who were leaving the factory. Mr. Chi filed a complaint with the police and the Phnom Penh Court. By the end of 2006, the case was still pending.

On May 22, 2006, Mr. Chi Samon was once again victim of an attempted attack by a group of 20 people as he was leaving the factory. He managed to seek refuge inside the factory until his attackers left.

– On May 1, 2006, Mr. Chea Mony¹¹ and two of his assistants, Mr. Yan Roth Keopeisei and Mr. Chea Vaneath, were detained by the police for two hours when they were caught protesting in favour of workers' rights.

– On May 12, 2006, Mr. Yeng Vann Yuth, an active member of FTU at the Bright Sky factory, was attacked and suffered head and rib injuries. He had to be taken to the hospital.

– On May 19, 2006, Mr. Chey Rithy, FTU vice-president at the Suntex factory, was attacked by two unidentified men who threw stones at him as he was returning home. Mr. Chey suffered serious head injuries.

– On June 8, 2006, Mr. Lem Samrith, FTU treasurer at the Bright Sky factory, was beaten by about 20 men as he was coming out of the factory after a night shift.

– On July 4, 2006, Mr. Lay Chamroeun, FTU vice president at the Phnom Penh Garment factory, was the target of attacks by six young men on motorbikes as he was leaving work. As a result, he suffered a leg injury. He filed a complaint the next day with the local police and the Phnom Penh Municipal Court. The case was still pending trial as of the end of 2006.

– On September 19, 2006, Mr. Choy Chin, FTU secretary general at the Suntex factory, was attacked by two unidentified men who threw stones at him and hit him on the head and on the hand with a metal bar.

– On October 16, 2006, Ms. Em Chhay Tieng, FTU vice president at the Bright Sky factory, was hit in the face and threatened with arrest during the repression of a strike organised to defend Mr. Chi Samon and to denounce working conditions. Several workers were beaten with electric batons. Ms. Em Chhay Tieng began receiving threats, including death threats, as soon as she became FTU vice-president in July 2006. Following the strike, Mr. Chi Samon and Ms. Em Chhay Tieng were fired from their night job.

Acts of harassment against seven members of CCAWDU

On March 14, 2006, Mr. Nat Leang Seab, Mr. Keo Pov, Mr. Nat Sokna, Mr. Lorn Savan, Mr. Nat Leang Sat, Mr. Roeun Saveath and Mr. Phung Sophea, members of the Coalition of Cambodian Apparel Workers Democratic Union (CCAWDU), were accused of participating in a strike of more than 10,000 workers from seven textile factories in Phnom Penh and Kandal province. The seven trade unionists were accused by the owners of the "Flying Dragon 3" factory of "inciting criminal acts and discrimination", and immediately summoned before the Phnom Penh Court. Faced with the threat of litigation, they accepted an agreement with the factory management and the complaint was withdrawn.

Sentencing and arbitrary detention of four FTU representatives in Kandal

On June 13, Mr. Lach Sambo, Mr. Yin Khun, Mr. Sal Kimsan and Mr. Heng Samnang, FTU members in the Ang Snoul district textile factory, were sentenced to a one-year suspended sentence and a fine of eight million riels (1,500 euros) by the Kandal Provincial Court for "blows and injuries" and "material destruction" for their involvement in a strike organised in 2004. Four other activists, who have since left the factory, were also charged on the same grounds.

On June 17, 2006, Mr. Lach Sambo, Mr. Yin Khun, Mr. Sal Kimsan and Mr. Heng Samnang appealed the decision. They were fired three days later.

On July 3, 2006, Mr. Lach Sambo, Mr. Yin Khun and Mr. Sal Kimsan were arrested in their homes by the police and, the next day, they were accused of "illegal detention" and taken to the provincial prison of Kandal.

On August 7, 2006, Mr. Lach Sambo, Mr. Yin Khun and Mr. Sal Kimsan were found guilty and sentenced to a three-year suspended prison sentence.

Attack against Ms. Em Pun Ny

On June 17, 2006, Ms. Em Pun Ny, a teacher at the Wat Mohamontrey primary school in the Chamkar Mon district and a member of the Cambodian Independent Teacher's Union (CITA), was attacked by Mr. Yim Sokha, deputy director of the district's education department. She had been distributing information announcing the organisation of a strike by CITA to demand a pay rise and better work conditions. Mr. Yim Sokha allegedly threw stones at her, which resulted in head injuries.

On June 21, 2006, Ms. Em Pun Ny filed a complaint with the Phnom Penh Municipal Court. The case was still pending by the end of 2006.

Arbitrary detention of Mr. Kong Sok¹²

On August 31, 2006, Mr. Kong Sok, a Cambodian from the Kampuchea Krom region in Vietnam who is now living in Cambodia, was arrested by the police in the offices of the United Nations High Commissioner for Refugees (HCR) in Phnom Penh while he was accompanying three asylum seekers wanting to obtain refugee status.

On December 1, 2006, Mr. Kong Sok was sentenced to three months in prison by the Phnom Penh Municipal Court for breaching immigration law, which prohibits "helping" foreigners to enter Cambodia illegally or to "conceal" their presence in the country.

Acts of harassment against members of the People's Centre for Development and Peace¹³

On October 12, 2006, members of the People's Centre for Development and Peace (PDP – Centre) were arrested at the KM6 market in Russei Keo while they were distributing material for an anti-corruption campaign called "Clean Hand". They were arrested for four hours at the district police station and subsequently released after being forced to pledge that they would cease their activities.

On October 26 and 29, 2006, members of the PDP-Centre were arrested in the same circumstances at the Teuk Thla market in Russei Keo and in Chaktomuk commune, Daun Penh district. In both incidents, they were detained for two hours at the police station and their material was confiscated.

---

[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

6. See Annual Report 2005.

7. See Cambodian Centre for Human Rights (CCHR).

8. See Annual Report 2005 and Urgent Appeals KHM 001/0106/OBS 001, 001.1, 001.2, 001.3 and 001.4.

9. See LICADHO, Attacks and Threats Against Human Rights Defenders in Cambodia Briefing Paper 2006, December 2006.

10. Idem.

11. See above.

12. See LICADHO, Attacks and Threats Against Human Rights Defenders in Cambodia Briefing Paper 2006, December 2006.

13. Idem.