This report highlights the disproportionate escalation of judicial penalties applied to activists of Mother Nature Cambodia (MNC) through a compliant legal system that is neither independent nor impartial, and exists to accommodate the whims of the government. The apparent goal of this escalation is to keep the views of young Cambodians out of the public discourse, thereby minimising the exposure of governmental and corporate corruption.
It is worth noting the Hun Sen regime’s continual and intentional abuse of the word ‘peace’ to describe what is essentially, ‘the freedom for government and corporate interests to commit acts of environmental destruction for financial benefit without criticism, protest or accountability’. Imposing excessively harsh prison sentences has become part of the process in achieving this definition of ‘peace’.
It is important to put the harsh prison sentences into perspective. Living conditions in Cambodian prisons are considerably worse than in Western prisons. Overcrowding (e.g. 30 to 40 people in a cell designed for 10), poor hygiene, lack of essential resources (including water), and the bribery of prison guards for basic needs, are all considered normal. Long prison sentences have a crippling financial
impact on the families and communities of the convicted, thereby increasing the pressure on the convicted to refrain from any further activism after being released from prison – furthering the Hun family regime’s advancement to their notion of ‘peace’.
The abusive police treatment, psychological torture, excessive sentencing and long imprisonments described within this document also serve as a deterrent to others who have critical views of the Hun family regime.
The following provides a chronological outline of the escalation, along with contexts and accompanying perspectives…
A social media post announcing a peaceful ‘One Woman March’ was immediately responded to with the arrests of three activists who were held in pre-trial detention for eight months before receiving prison sentences of 12 to 18 months and fines of US$1000 each.
The escalation of judicial penalties began on September 3 2020 with the arrests of three MNC activists – Long Kunthea, Phuon Keoreaksmey and Thun Ratha – after sharing on social media Kunthea’s intention of marching to [then] Prime Minister Hun Sen’s house. This action was intended to raise awareness of environmental and social issues caused by the on-going ‘reclamation’ (i.e. land filling) of Boeng Tamok lake, after the Cambodian government had granted hundreds of hectares of the lake in prime locations to a range of government institutions and well-connected elites.
The social media announcement from MNC stated: “Ms. Long Kunthea will walk from Wat Phnom on Thursday, September 3 at 11am to Samdech Hun Sen’s house near the Independence Monument dressed in white clothes in order to request to meet Samdech in person to show concern around the filling in of Tamok lake, including flooding in Phnom Penh during rainy season, the environmental
impact, the loss of bird habitat and the biodiversity of the lake.”
The three activists were arrested on September 3, before the ‘One Woman March’ action had commenced. Phnom Penh Municipal Police Chief Sar Thet justified the timing of the arrests on the grounds that sharing their intentions on social media was sufficient to meet the definition of ‘incitement’. The three activists were charged by the Phnom Penh Municipal Court on September 6 with ‘incitement to cause serious social chaos’ under Articles 494 and 495 of the Criminal Code – punishable by prison terms of six months to two years. The three activists were denied bail and immediately put into pre-trial detention, where they were held for eight months until trial in May 2021.
Two of the activists were sentenced to 18 months imprisonment, and one sentenced to 12 months. All received fines of 4,000,000 Riel (approximately US$1000) – durations and amounts intended to significantly punish the activists and their families, while also sending a warning to other activists.
Why is this judicial harassment?
The eight months of pre-trial detention was unnecessary because the defendants did not represent a flight risk. It is also out of context when considered alongside the later and considerably more serious charges of ‘plotting against the government’ and ‘insulting the king’, in which case the charged activists were released on bail.
The charge of ‘incitement to cause serious social chaos’ allows a minimum prison sentence of six months, and a maximum prison sentence of two years. Presumably, the maximum duration would be applied in cases that resulted in ‘serious social chaos’ (i.e. protests, riots, insurgencies, etc.), while the minimum would be applied to situations that resulted in nothing more than an announcement of an intention (as is the case here). A sentence of 18 months, which is 75% of the maximum sentence, is clearly disproportionate for a case that was ultimately an announcement of an intention, and any following action was stopped before any possibility of causing ‘serious social chaos’ arose. The long sentences are, however, a convenient way to put three young, motivated and popular environmental activists out of action.
Context
Boeng Tamok is the largest natural freshwater lake in Phnom Penh, and is an important catchment area for run-off during heavy rains. The continued practice of ‘reclamation’ increases the risk of flooding during rains, while also impacting local communities that rely on the lake for their livelihoods. In 2016 Prime Minister Hun Sen signed a decree recognising the 3240 hectare lake as ‘public land’, meaning it cannot be sold or leased until it has lost its ‘public interest value’. Despite the decree being signed into law, there have been numerous instances where the Hun Sen regime has granted permission to reclaim land from the lake for official use and/or private development. Much of this reclamation has been dubiously justified on the grounds of reducing mosquito breeding grounds.
National & International Response
Chak Sopheap, Executive Director of the Cambodian Centre for Human Rights (CCHR), slammed the government’s excessive use of pre-trial detention for its stark contrast with international human rights standards. “Such use of pre-trial detention is not in line with the right to be presumed innocent until proven guilty, nor is it in line with the right to liberty as enshrined in international human rights law and in the Constitution of the Kingdom of Cambodia,” she said, adding that pre-trial detention ought to be a last resort when other non-custodial measures have failed. “Requiring these activists to remain in detention in this manner is deplorable,” she concluded – a sentiment also expressed by Amnesty International.
Three members of Mother Nature Cambodia were arrested for documenting untreated sewage flowing into the Tonlé Sap river. They were held in isolation and interrogated.
On June 16 2021 three MNC activists – Sun Ratha, Ly Chandaravuth, and Yim Leanghy – were arrested by plain clothes police while filming untreated sewage being discharged into the Tonlé Sap River in the vicinity of the Royal Palace, one of the biggest tourist attractions in Phnom Penh.
In an interview with Southeast Asia Globe, Sun Ratha recalled the events of the day: “We were taking photos of the sewage discharge at the riverside. It seemed like the plain clothes police had been following us for some time, waiting for an appropriate moment to arrest us. A van arrived with four police officers. They cuffed my hands behind my back and took me to a police station for interrogation. I told them I would not answer any questions without my lawyer present.”
At this point, no accusations had been made but the three were not allowed to contact anyone. They were held in detention for three days under extreme duress.
Sun Ratha continues: “They put me in a dark room and turned off the light. I couldn’t see anything except a peeing pot and a pile of waste on the other side of the room. I developed a fear of darkness while staying there. I could hear interrogation sounds and the beatings of other prisoners from adjacent rooms. It was very scary, and I was afraid that they would also beat me. I heard them shouting at my co-worker, Ly Chandaravuth, which scared me even more. Eventually they came into my room and told me that all of my group had put the blame on me, so I had to give them the passwords [to my phone and social media] and admit my wrongdoings. I refused to admit anything because I did nothing wrong and no accusations [formal charges] had been made. Following this, they tried to scare me by saying things like ‘Do you think you have a chance to go back and meet your family again? Your family could have an
accident on their way here to see you. Do you really think that you can meet your family before their last breath?’ It seemed like they were threatening to kill my family…”
A public exposé of raw sewage being discharged into a vital water source in the heart of the nation’s capital would be an embarrassment for a government that has built for-profit fish farms using international grants intended to fund the construction of sewage treatment plants. Although preventing such an exposé might seem like a plausible motivation, the Cambodian government had more disturbing motivations for the arrests that – with the help of a compliant judiciary – could remove MNC activists from the public discourse for many years.
Why is this judicial harassment?
For filming raw sewage flowing into a lake – something that tourists and travel vloggers regularly do with no intervention – the MNC activists were detained for three days without charges and subjected to isolation, psychological torture and beatings that have resulted in lasting trauma.
Context
The 120km Tonlé Sap river connects the Tonlé Sap lake with the Mekong river, and is part of a crucial source of drinking water for approximately 1.5 million residents of Phnom Penh. Its unique seasonal reversal plays a crucial role in supporting biodiversity, sustaining local livelihoods, enhancing agricultural productivity, and contributing to the ecological, economic, and cultural vitality of the region. The on-going discharge of untreated sewage into the river poses a significant health risk to all who rely on the river for water – upstream and downstream.
Nine members of MNC and one associate were charged with plotting against the government, based on their history of activism from 2012 to 2021. Three were additionally charged with lesè-majesté (insulting the king), based on information obtained through unlawful surveillance of a private Zoom meeting.
The charges were loosely based on the defendants’ history of activism with MNC, including 1) social media content produced and disseminated by MNC, 2) public criticism of Cambodia’s leadership by MNC co-founder Alejandro Gonzalez-Davidson, 3) unlawfully-obtained video footage of a private Zoom meeting, and 4) information obtained by police interrogations in which psychological torture and emotional intimidation were employed to extract information under duress [as described by Sun Ratha, see ‘Filming Raw Sewage’ above].
Charge: Plotting Against The Government
In support of the charge of ‘plotting against the government’, an Interior Ministry spokesperson claimed the group was using foreign money in an attempt to topple the government.
Three of the nine MNC activists – Sun Ratha, Ly Chandaravuth and Yim Leanghy – were arrested while filming raw sewage flowing into the Tonlé Sap river [see ‘Filming Raw Sewage’ above].
Another three of the nine MNC activists – Long Kunthea, Phuon Keoreaksmey and Thun Ratha – were charged while incarcerated [see ‘One Woman March’ above].
The remaining three MNC activists – Binh Piseth, Rai Raksa and Alejandro Gonzalez-Davidson – were not present in Cambodia at the time the charges were made.
Charge: Insulting The King
Sun Ratha, Yim Leanghy and Alejandro Gonzalez-Davidson were additionally charged with ‘insulting the king’. The charges did not state how the MNC members had violated the lesè-majesté laws.
Government-aligned media outlet Fresh News posted unlawfully-obtained footage of a private Zoom meeting showing MNC activists discussing a satirical image of Prime Minister Hun Sen wearing a crown. This image was not shared publicly by any MNC members at any time between the private meeting and the arrests. Therefore the claims that MNC insulted the king are false and misleading. However, by disseminating the image globally, the Fresh News media outlet committed the ‘insulting the king’ crime that the activists were charged with.
Context
Although King Norodom Sihamoni is Cambodia’s official Head of State, authoritarian leader Hun Sen has dominated the Southeast Asian country for more than 33 years.
In February 2018 the Cambodian government introduced a lesè-majesté law that makes it a crime to insult the king, punishable with prison sentences of up to five years and fines of up to US$2500. A statement said the measure was “to uphold and defend His Majesty the King and His Honor.”
At the time the law was introduced, human rights groups expressed fears that it could be used to target critics of the government, noting that the government had recently shut down the main opposition party and arrested its leader on treason charges.
As feared by human rights groups, these laws have become tools to silence dissent in an environment where the political regime has reduced the king to a powerless figurehead, and any attempts to highlight this (such as a satirical image of Hun Sen wearing a crown) are conveniently framed as ‘insulting to the king’.
National & International Response
Naly Pilorge of human rights group Licadho said, “This marks an escalation [of judicial prejudice] with the outrageous charges of ‘plotting’.”
Phil Robertson of Human Rights Watch said, “Cambodia’s highly politicised courts mean that the environmental activists charged have no chance of getting a fair trial. Only international pressure on the Cambodian government holds out the possibility of saving these activists from unjust prison sentences.”
Ming Yu Hah of Amnesty International also noted that the charges represented an escalation in the Hun Sen regimes’ repression against critical voices, saying “These outrageous charges are a blatant attempt to silence and intimidate not only MNC but an entire generation of Cambodian youth who have dared to stand up for human rights and environmental justice.”
Patrick Murphy, US Ambassador to Cambodia, raised the USA’s concerns on Twitter. “Very troubled to hear of the arrests of more environmental youth activists. Documenting pollution is a public service, not terrorism. We urge the authorities to be responsive to their citizens, not to silence them.”
The Australian Embassy raised its concerns on social media, saying “We do not believe that peaceful action of this kind is a threat to political or social stability, and we encourage the Royal Government of Cambodia to support Cambodia’s young people in expressing their concerns on the issues they care about.”
The Swedish delegation in Cambodia posted, “Sweden is concerned about recent legal actions against young environmental activists in Cambodia. Civil engagement, access to information, transparency and dialogue are key components for sustainable development. Engaged youth is part of the future and should be encouraged.”
A coalition of 75 NGOs, unions and land-rights communities issued a joint statement calling for the environmentalists’ release, describing the arrests as part of the Cambodian government’s “targeted and outrageous persecution of frontline environmental defenders and grassroots activists.” The statement also urged, “Authorities should stop imprisoning and start listening to our youth activists who are on the front line of documenting the risks Cambodia faces from natural resource exploitation and environmental degradation. These activists are tirelessly and selflessly working for the nation’s best interests.”
Six MNC activists were released on bail awaiting trial after spending between 5 and 14.5 months in prison. The charges of conspiracy, insulting the monarchy and incitement were upheld and the activists remained under strict court supervision until sentencing.
All six of the in-country activists who were charged with plotting against the government, and one who was additionally charged with insulting the king [see ‘Plotting Against The Government & Insulting The King’ above], were released on bail in November 2021 to await sentencing. This release followed five months of imprisonment for the three arrested for filming raw sewage footage [see ‘Filming Raw Sewage’ above], and 14.5 months imprisonment for the three arrested for inciting serious social chaos [see ‘One Woman March’ above].
The activists were released on bail following sustained international outcry, US government threats of economic consequences, and increasing scrutiny of Cambodia’s human rights record as the Kingdom assumes the 2022 ASEAN chairmanship.
Despite releasing the activists on bail, human rights organisations say the Cambodian government is not doing enough and implied the releases were an attempt to improve Cambodia’s international image in anticipation of a forthcoming international summit. The Cambodian authorities deny external influence played a role in releasing the political prisoners, claiming they were released as part of efforts to reduce court backlogs and prison overcrowding. In a display of governmental face-saving, Justice Ministry spokesman Chin Malin emphasised that the activists were still serving suspended sentences. “If they do anything that violates the prohibition that the court has put out, they could face justice. They could be put in jail to serve jail terms if they continue to commit crimes and don’t change themselves.”
Defiantly, released activist Sun Ratha commented, “International pressure is very important. Combined with the pressure from the people in Cambodia to demand justice for me, I was able to get out of jail.”
Released activist Ly Chandaravuth responded, “Protecting the environment is not a crime. If more [Cambodians] joined these campaigns then there wouldn’t be any clampdown, because when people stand together the government must rethink its activities. If we remain silent we will still be abused by the government. We have to raise our voice; that is the only way that will bring us a future. They can detain us, but they cannot detain our spirit.”
Similarly, released activist Phoun Keo Reaksmey said that after 14 months behind bars she has become even more committed to the cause and is determined to make up for lost time. “We will prove that being in jail will not discourage us and won’t make us abandon our will. We still have to take a stand to protect human rights and our natural resources. Being in jail will not break our spirit if we don’t let it; we have become accustomed to [this government’s] unpredictable outcomes.”
Released activist Thun Ratha said, “They detained us unjustly, but our conscience and spirit always told us that what we had done was just and legal. What they [the Government] are doing is trying to silence our freedoms and rights. We cannot let them do it. We will continue to protect the natural resources. Natural resources are our life.”
Released activist Long Kunthea said “We are still involved with MNC because that’s what we are passionate about. Our intentions are to protect natural resources and human rights; nothing like [what] they accused us of [incitement and plotting]. We did nothing wrong. Our actions are just the exercise of the right to freedom to protect the environment and natural resources. I will continue to do social
activism based on what I love, but will try to be more careful of the [words and images] we use to ensure they cannot be interpreted as ‘offensive’ by the Government. We have been released on bail but we are not free. We are still subject to judicial supervision, which limits our freedom. I will not remain silent as long as the destruction of the natural resources environment continues, although I may face imprisonment again.”
Why is this judicial harassment?
The bail releases came with understandable restrictions, as follows: 1) the activists were not allowed to travel without prior court authorisation; 2) the activists had to notify authorities about changing address; and 3) the activists had to stop activism. These bail restrictions cannot be considered ‘harassment’ but how they were applied could be, as highlighted in ‘Activists Banned From Accepting Award’ below.
Context
Periodic crackdowns against critics and opponents have been a feature of the Hun family regime, but have increased significantly since 2017 following the forced dissolution of the opposition Cambodia National Rescue Party – a perceived threat to the ruling Cambodian People’s People’s Party. The Hun Sen regime is increasingly weaponising its courts to target political opponents, journalists, youths, activists, environmental activists and social activists. The World Justice Project listed Cambodia as 138 out of 139 countries in its 2021 Rule Of Law index. Cambodian courts are notoriously corrupt and prone to political interference.
National & International Response
“We appeal to the government to release other youth and political activists unconditionally, as they should never have been imprisoned for publicly raising critical issues about the environment or rule of law in Cambodia.” said Naly Pilorge, director of Cambodian rights group LICADHO. Am Sam Ath, also of LICADHO, added, “The injustice is that they have been arrested, charged and imprisoned. They did nothing wrong; they just exercised their freedoms, rights and duties in protecting natural resources,
human rights and social activism – especially the freedoms and rights to assemble and to express their views.”
“The release of [the] wrongfully detained political prisoners is good news, but there is nothing to stop the Cambodian authorities from rearresting them at any time,” Brad Adams, Asia director at Human Rights Watch (HRW), said, adding that the releases are likely an attempt by Cambodian authorities to improve their international image ahead of the [then] forthcoming 13 th Asia-Europe Meeting (ASEM) Summit, which took place in Phnom Penh. “Cambodia’s prisoner releases show the government’s apparent concern for the international response to the ASEM meeting and the spotlight it will have as the chair of ASEAN in 2022. The EU, US, donors and other friends of Cambodia should press Prime Minister Hun Sen to end the cynical game of revolving prison doors where some people are released, and others take up their places in the same prison cells.”
A Cambodian court barred three environmental activists from traveling to Sweden to receive the prestigious Right Livelihood Award. The Award was given to MNC activists for their fearless and engaging efforts to preserve the natural environment while working within a highly restricted democratic environment.
On October 3 2023 the Phnom Penh Court blocked three environmental activists – Thun Ratha, Long Kunthea and Phuon Keo Reacksmey – from visiting Sweden to receive the prestigious Right Livelihood Award, often referred to as the ‘alternative Nobel’. The award was granted in recognition of the group’s on-going work to expose environmental destruction, including logging and sand mining, over the last decade.
“Undeterred by threats, harassment and arrests, Mother Nature Cambodia has emerged as a powerful voice for environmental preservation and democracy in Cambodia,” a press release from Right Livelihood stated.
One of the conditions of the bail release was that the activists were not allowed to travel without prior court authorisation. Arguing against prior court authorisation, Chief Prosecutor Chroeng Khmao stated the trip was “not necessary.” This simple statement is all that was necessary to convince the court to deny the activists the right to travel internationally to receive a prestigious award. Clearly the ruling regime wanted to minimise attention on the activists’ achievements and thereby on the regime’s corruption, and achieved this through the compliant court system.
Award recipient Thun Ratha said, “This is a cruel [opportunity] for the judiciary in Cambodia to deny us. Their actions are a restriction on the rights and freedoms of young people who dare to tell the truth, who dare to be angry with how their national wealth is being exploited, and who dare to expose corruption and the inactivity of officials related to the extraction of natural resources. We were invited to travel abroad to receive a global award that is not easy for any group or individual to get. Appearing
on stage to receive [such an] award could have been a source of inspiration for all young Cambodians and others, showing the world that people from a small country can do great things. This decision gives the international community the impression that Prime Minister Hun Manet is simply following in the footsteps of his father, continuing the restrictions on freedoms rather than being a fresh new ‘liberal’ start.
MNC plans to have representatives accept the award in person on behalf of the recipients. “Right Livelihood awards, supports and honours Laureates regardless of whether they can attend the Award Presentation,” said Sydney Nelson, a communications officer for the organisation. Spokespeople for the Phnom Penh Municipal Court declined to comment.
Why is this judicial harassment?
It is cruel that the government did not make an exception for this outstanding achievement.
National & International Response
Human rights group ADHOC Cambodia’s senior investigator, Soeng Senkaruna, insisted that the courts should be more open-minded. “This decision is one that discourages young people who love natural resources and actively participate in their defense. [The Cambodian government clearly does] not value the Cambodian youth who protect all natural resources.”
Over a series of five hearings in which press and public attendance was severely restricted, the prosecution presented its evidence but the activists were prevented from presenting countering evidence.
As stated earlier, the charges were loosely based on the defendants’ history of activism with MNC, evidenced with 1) social media content produced and disseminated by MNC, 2) public criticism of Cambodia’s leadership by MNC co-founder Alejandro Gonzalez-Davidson, 3) unlawfully-obtained video footage of a private Zoom meeting, and 4) information obtained by police interrogations in which psychological torture and emotional intimidation were employed to extract information under duress
[as described by Sun Ratha, see ‘Filming Raw Sewage’ above].
Questioning the Court’s Independence
The activists boycotted the first hearing because the court did not allow any witnesses to be present; it was a closed hearing with no chance of public accountability. Only selected reporters were allowed to attend. Defendant Ly Chandaravuth told reporters outside the court that members of the public should be able to attend and monitor the trial. “Limiting access to the courtroom is part of Deputy Prosecutor Seng Heang’s effort to rush the case toward a verdict. Don’t claim you are independent [of the
government] if you won’t have a public trial,” he said of the court.
Instead of attending the hearings, the activists and their supporters burned incense and meditated outside the court – sometimes in heavy rain. Deputy Prosecutor Seng Heang accused them of trying to disrupt the court proceedings with their absence and behaviour.
Video Podcast
Immediately before the commencement of the third hearing the defendants streamed a 30-minute live video podcast on Facebook from in front of the court, aimed at letting the Cambodian people judge their innocence because the court’s blocking of reporters and supporters meant that many people did not know what was being said in the courtroom. Defendant Long Kunthea said, “We are not the betrayers they accuse us of being. We are accused of treason, but our actions were never hidden. We published them publicly on Facebook. When we do something related to natural resources, we always do it in public. We never do it quietly in a room like how the court is [doing it now].” The podcast exceeded 43,000 views within the first eight hours.
Charge: Plotting Against The Government
All ten defendants (nine MNC activists and one associate) were charged with plotting against the government.
After presenting many hours of video footage, deputy prosecutor Seng Heang questioned the defendants about MNC’s organisational structure and the use of foreign funding as previously alleged. He accused the activists of attempting to overthrow the government through a ‘color revolution’ (a highly sensationalised reference to a series of revolutions funded by the CIA) under the pretext of environmental and human rights in Cambodia. “[MNC] does not have a [traditional] leadership structure,” defendant Ly Chandaravuth said. “The money comes from Khmer citizens, inside and outside of the country, who want to protect Cambodia’s natural resources such as lakes, rivers and islands, and who want to uncover corruption committed by government officials and tycoons.”
Referring to the social media content produced by MNC, deputy prosecutor Seng Heang questioned the defendants about their plans to produce more content highlighting Cambodia’s environmental corruption. He also questioned the legality of the social media training the activists had received from foreigners – framing it as part of a conspiracy by external forces to topple the government, referring back to the sensationalised ‘colour revolution’ accusation. Defendant Ly Chandaravuth challenged the
court to play the video that shows him training with foreigners, which the prosecution had referenced as evidence of conspiracy. “Prosecutors always ask about the training [we receive] with foreigners,” he said. “[I am] requesting [the court] to play that video to show everyone whether the training was illegal or not.” In a shameless demonstration of the bias that persisted throughout the hearings, presiding judge Ouk Reth Kunthea dismissed Chandaravuth’s request as a “waste of time”.
The only ‘evidence’ presented to support the accusations of plotting against the government was found in interviews of MNC co-founder Alejandro Gonzalez-Davidson conducted by news services including Radio Free Asia, Voice of America and Cambodia Daily Khmer, and in an unlawfully-obtained capture of a private Zoom meeting between MNC members.
Defendant Phoung Keoreaksmey rightfully denied the charges, pointing out that the prosecution knew she was being held in detention [see ‘One Woman March’ above] at the time of Alejandro Gonzalez-Davidson’s statements that were submitted as evidence, and it was therefore impossible for her to have said or repeated such comments in the public arena. She urged the court to summon Alejandro Gonzalez-Davidson because the accusations were based solely on his comments. Presiding judge Ouk Reth Kunthea replied that the court had issued an arrest warrant for Gonzalez-Davidson, ensuring he would be arrested on arrival to Cambodia. Speaking from outside of Cambodia, Gonzalez-Davidson told CamboJA News that he was unable to attend the trial because his visa application had been denied, “…therefore I am unable to enter Cambodia [to] attend this trial.”
“There is no evidence [connecting us] to the charge to overthrow the government,” defendant Yim Leanghy told reporters after leaving the court. “Where does [the evidence] show that we want to attack the government, leaders or ministerial institutions? There is none. We discussed environmental issues [and their possible] solutions,” he said.
The defendants and their lawyers were not satisfied with the videos presented as evidence during the hearings. Most of the presented videos were chosen to bolster the prosecution’s case through the use of circumstantial evidence, inference and legal atmospherics. Other videos that had been officially submitted to the court, and which the activists believed would support their defense, were not shown. It is worth noting that some of the defense’s submitted videos had mysteriously disappeared from the
case files they were previously entered in to.
Judicial police officer Chin Vannak parroted deputy prosecutor Seng Heang accusations, testifying that MNC used the issue of protecting Cambodia’s environment as a pretext for inciting people to overthrow the government. The defendants’ lawyer, Sam Chamroeun, pointed out that the police officer’s allegations did not contain any specific evidence indicating that the MNC activists wanted to overthrow the government. Yi Soksan, who monitored the hearing for human rights group ADHOC, agreed that the
police officer’s evidence provided no specific basis for indicting the MNC activists, and also pointed out that the police officers failed to present any concrete evidence in response to questions from the defence lawyers.
Am Sam Ath, Operations Director for human rights NGO Licadho, attended the hearing and watched the video evidence presented by the prosecution. “We have not yet seen evidence indicating the plotting charges.” He noted that what had been shown in the videos was the defendants exercising their right to freedom of expression, and referred to the case as a violation of the defendants’ rights rather than a criminal offence. “The defendants were protecting the environment, it is their fundamental right,” he said.
Charge: Insulting The King
Three of the ten defendants – Sun Ratha, Yim Leanghy and Alejandro Gonzalez-Davidson – were additionally charged with lesè-majesté, aka ‘insulting the king’. The evidence presented to support this charge was based on comments given by MNC co-founder Gonzalez-Davidson, bundled with circumstantial implications and inferences from the unlawfully-obtained Zoom meeting. To create charges that could be applied broadly to MNC members, the prosecution assembled a circumstantial ‘group statement’ from comments extracted from the unlawfully obtained Zoom meeting, and crafted it to be insulting to the king. The defendants were therefore charged and sentenced for saying things they did not say – despite the prosecution’s failure to produce any solid or legally-valid evidence and prove their case beyond a reasonable doubt.
It is important to note that MNC did not publicly disseminate any of the content that the ‘insulting the king’ charges were drawn from. However, Fresh News (a government-aligned media outlet) shared the content globally on social media in a short-sighted and ill-considered attempt to manipulate public opinion. In doing so, Fresh News committed the ‘insulting the king’ crime that the activists were charged for. Unsurprisingly, Fresh News has not been charged for committing this crime.
National & International Response
The BBC reported “[The] prosecutors have never explained how the activists had violated the law against insulting the king or conspiring against the government.”
Yi Soksan, senior investigator for NGO rights group ADHOC, pointed out that environmental activists should be motivated instead of being charged because their activities serve social interest. “They are just youths disseminating information about the environment, but they have been charged as betraying the nation. The charges are so big that it will affect the court’s independence. We should reform the justice system to gain the public’s trust and stop arbitrary charges.”
Nine MNC activists and one associate were sentenced to prison terms between six to eight years, and three additionally received fines of US$2500. Four of the activists were violently arrested by security personnel outside the court.
Four activists attended the sentencing and were swiftly and violently arrested by authorities in a gratuitous display of force aimed at creating a public spectacle and setting an example for others. The remaining activists, including Spanish national Alejandro Gonzalez-Davison (founder of MNC), were convicted in absentia.
Justice Is Dead
In the hours prior to the sentencing, four of the activists — Thun Ratha, Long Kunthea, Phuon Keoraksmey and Ly Chandaravuth – lead a peaceful funeral-style procession to the court, accompanied by approximately 50 activists and supporters. The MNC activists wore white funeral clothing, and activist Thun Ratha carried a sign that read ‘justice is dead’. Upon reaching the court, the activists chose not to attend the sentencing and instead met with supporters and friends outside the court to express their desire for a more just society that protects and defends Cambodia’s natural resources.
Sentences & Fines
MNC activists Ly Chandaravuth, Long Kunthea, Phuon Keoraksmey, Binh Piseth, Thun Ratha and Rai Raksa and an associate each received prison sentences of six years. MNC activists Alejandro Gonzalez-Davidson, Yim Leanghy and Sun Ratha each received prison sentences of eight years along with fines of US $2500. In a cruel and unusual twist aimed at increasing their isolation from each other, each sentenced activist was sent to a different prison.
Violent Arrests & Displays Of Force
After the court issued the arrest warrants, the four activists who had marched to the court were surrounded by armed police officers and violently forced into police cars in an unnecessary but public display of judicial strength. Eyewitness reports say at least two of the activists were dragged into the cars by their necks. Human rights activist Pilorge Naly, of the Cambodian League for the Promotion and Defence of Human Rights, was at the scene and told CNN that the arrests were immediate and violent,
and that journalists and supporters were also pushed and shoved by security officers.
Considering the lack of solid evidence presented by the prosecution throughout the preceding hearings, along with the very public display of force during the arrests, it is clear that these excessive sentences and fines were given with prejudice to serve as a warning to others against exercising their freedom of speech.
Why is this judicial harassment?
Despite the prosecution’s failure to provide any convincing evidence to support the charge of ‘plotting against the government’, all defendants received sentences of five years in prison. Three of the defendants received an additional three years imprisonment and fines of US$2500 for the charge of insulting the king, based on information and images extracted from an unlawfully-obtained private Zoom meeting. It is worth noting that the maximum punishment for insulting the king is five years imprisonment and fines of up to US$2500.
Considering the overall vagueness and the questionable legitimacy of the evidence presented by the prosecution, the prison sentences are inappropriately long and the fines are excessively high. Throughout the hearings the prosecution struggled to prove their case, relying on circumstantial evidence, inference and legal atmospherics within a closed and compliant court that refused to accommodate appropriate defense. With no solid evidence to support the desired convictions, the prosecution relied on creating the impression of legal wrongdoing. The primary aim of the long sentences and high fines appeared to be keeping the activists contained and incapable of criticising the Hun family regime, while also placing considerable hardship on the defendants’ families – which would, in turn, send a message to others.
Rather than holding the defendants accountable for their social activism ‘crimes’, the excessively long prison sentences conveniently minimise the Hun Sen regime’s exposure to accountability for their environmental crimes.
See also the views expressed in ‘National & International Response’ below…
National & International Response
Mu Sochua, an exiled member of the Cambodian National Rescue Party (aka ‘CNRP’, an opposition party banned in 2017), said the MNC activists were arrested for highlighting issues that threaten Cambodia’s fragile environment. “They would be heroes in any free country’, she said to CNN. “Their convictions show how Cambodian courts are being used as weapons of the state to halt public discussion. The sentences are a disaster for environmentalism in Cambodia and for people everywhere who care about
the future of our planet.”
Vanna Hay, former leader of the Cambodia National Rescue Party and living in exile in Japan, said that trials like this showed that government corruption is severely threatening Cambodia's rule of law. "The current government is totally corrupted; they protect those destroying the environment for their benefit," he said.
Jacob Sims, a Southeast Asia regional expert on transnational crime and rights issues, said activists could face a harsh clampdown if they were seen as posing a threat to the interests of Cambodia’s elite. “The real power in Cambodia lies not in its formal institutions, but in its complex and shadowy web of oligarchs with close ties to the Prime Minister’s family. Whenever activists jeopardise the economic interests of this ruling elite they risk the wrath of the formal Cambodian state apparatus. That is what has happened in this recent case with the MNC activists – the Cambodian court system was weaponised against them. We are witnessing the systemic evisceration of Cambodian civil society in real-time.”
A statement from an independent group of experts assembled by the United Nations read: “This [legal] process has failed to meet the standards of both Cambodian and international human rights law. The sentencing points to a sustained pattern of intolerance towards human rights defenders engaged in legitimate work to protect and promote human rights in the country. We are alarmed by these convictions, which appear to be part of an ongoing State policy to diminish civic space and crackdown on dissenting voices in Cambodia. This ruling will have a chilling effect on human rights defenders across the country. We call on the Cambodian Appeals Court to carefully review the activists’ cases. They must be immediately and unconditionally released.” The statement also noted that the use of repressive legislation to criminalise the exercise of freedoms of expression, of peaceful assembly, and of association, is incompatible with Cambodia’s obligations under the International Covenant on Civil and Political
Rights, to which Cambodia is a state party.
Right Livelihood strongly condemned the sentencing and called for the immediate release of the arrested activists, while urging the Cambodian authorities to respect and uphold human rights and environmental justice.
Human Rights Watch noted that Cambodian Prime Minister Hun Manet, like his father (former Prime Minister Hun Sen), has repeatedly ignored calls by United Nations experts to address the closing space for civil society and human rights defenders. They urged development partners and others who are invested in a clean, healthy, and sustainable environment for Cambodia to call on the government to quash these verdicts and support genuine freedom of expression and association.
Cambodian human rights group Licadho described the verdict as ‘very disappointing’, stating: “The court has ruled that youth activists fighting for environmental protections and democratic principles are, in effect, acting against the state. It is astounding that Cambodian authorities are convicting youth activists who are advocating for clean water in Phnom Penh, protecting mangrove forests in Koh Kong and warning against the privatisation of land in protected areas, and presenting [their actions] as an attack
against the state.”
Montse Ferrer, Amnesty International’s Deputy Regional Director for Research, said, “Today’s decision is another crushing blow to Cambodia’s civil society. Mother Nature Cambodia is a renowned activist group that has brought attention to environmental degradation fuelled by long-standing corruption in the country. Instead of listening to young leaders at the forefront of the environmental movement, the Cambodian government has chosen to jail those that dare to speak out. The government has shown time and time again that it will not tolerate any dissent. This verdict is yet another sign that Cambodia’s government has no intention of protecting the right to freedom of peaceful assembly. [The] Cambodian authorities must release all these environmental defenders immediately and unconditionally.”
UN Human Rights spokesperson Thameen Al-Kheetan said “We are gravely concerned by the conviction and harsh sentencing of 10 Cambodian environmental activists on charges including lèse majesté. Our monitoring of the proceedings raises concerns that many aspects of the trial procedure may not have complied with international human rights standards binding on Cambodia. The increasing use by Cambodian authorities of lèse majesté and other articles of Cambodia’s criminal code to penalise the exercise of human rights is deeply worrying. We call for the case to be reviewed on appeal in line with international human rights law. We also urge the authorities to review the charges brought against these environmental activists, particularly in relation to six of them who were minors at the time the acts were allegedly committed.
Fridays for Future, the youth-led global climate strike movement founded by Greta Thunberg, said, “We demand that our friends in Mother Nature Cambodia, and all political prisoners, be released immediately.”
Alejandro Gonzalez-Davidson, who co-founded MNC in 2012, said the ruling would backfire. “This week a new generation of Cambodian activists was born – one that did not exist back in 2012. Many young Cambodians are very engaged in the next steps and the public campaigning will continue. There have been arrests and imprisonments before, and every time we come out stronger. They won’t break our spirit, and we are not going to be shut down by these recent events.”
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