Two years have now passed since five young Cambodian environmental activists were convicted and jailed on 2 July 2024. Their hopes of early release were dashed in June when the Court of Appeal denied their hearing, postponing it indefinitely.
Human Rights organisations describe their sentences as unjust, harsh and contravening both domestic and international human rights law.
The activists themselves remain perplexed as to why they were regarded by the state, as a hindrance, when their intentions were always to help Cambodian authorities and society more widely.
So, today VOD asks: Why is the Cambodian Government refusing to release five well-intentioned young people who have the interests of the Kingdom in their hearts?
Long Kunthea, Yim Leanghy, Thun Ratha, Phuon Keoraksmey, and Ly Chandaravuth are now known as the Mother Nature Cambodia 5 (MNC5). They were convicted for between six to eight years in prison along with two colleagues who were absent.
Tom Andrews, the new UN Special Rapporteur on the situation of human rights in Cambodia, reported his initial findings, 31 July: “My first mission to Cambodia has left me with deep concerns: for displaced people along the border with Thailand, for those who have been trafficked, and for those who are behind bars having exercised basic freedoms,” said Andrews.
“I have received information that over 100 people may be detained in Cambodia for exercising their right to freedom of expression, assembly or association,” he said. He visited four prisons, speaking with detained activists, journalists and members of the political opposition.
“No one should be behind bars for exercising their fundamental human rights. I addressed the detention and condition of these individuals with the government and received a commitment to work with me as I continue to examine these cases,” he said.
In June, 74 civil society organisations signed a letter to Cambodian Prime Minister Hun Manet, requesting he release the MNC5. They expressed concerns about the unsafe nature of the convictions under Cambodian law, and for the harsh treatment that the prisoners are having to endure.
The letter raises the issue that the government, “prosecuted the MNC5 based on charges of “plotting” against the government under article 453 of the criminal code.” It disputes that there was any plot under article 453 to “commit an attack” and asserts that Mother Nature Cambodia has always been committed to behaving in a “non-violent” manner. Observers to the original trial have reported that they heard no evidence to the contrary. “We believe this is a clear failure of justice which should be reversed as soon as possible by the appeals court,” the letter says.
Prosecutors claimed that in the case of Yim Leanghy, that he insulted the King, a crime under article 437. However, the evidence rested on surveillance video secretly recorded of a private Zoom call. Lawyers claim that such secret entrapment comprises illegal evidence under Cambodian law and should have been inadmissible in court. In addition, says the letter, “Yim Leanghy actually opposed involving the King … in any type of campaign or action, raising questions about why he was convicted.”
Separating the prisoners and spreading them out to prisons situated in remote areas, appears to have been a deliberate attempt by authorities to maximise the harsh impact of their situations. “The MNC5 are incarcerated in prisons in overcrowded and harsh living conditions, separated from each other and spread out all across Cambodia, hundreds of kilometres away from their families and legal counsel.” Said the letter.
Family members have to travel long distances to visit their loved ones, adding to time and expense. Their shared lawyer, has to travel long distances to represent them and is reliant on dwindling funds, according to MNC. Attending appeal hearings in Phnom Penh requires numerous long-distance journeys. In the case of Mr Thun Ratha, his wife struggles with raising their three children on her own and two of them were recently hospitalised with dengue fever.
Despite the additional hardships, the five are said to remain in good spirits and are hopeful that the authorities will release them soon. Reports suggest that a government official, has attempted to negotiate with the prisoners, inviting them to publicly admit their guilt, in return for freedom. A suggestion the five have rejected, instead continuing to protest their innocence.
Since their imprisonment the MNC5 have been denied early release four times. They also suffer ongoing delays to their appeals process which, “raises serious concerns about their right to a fair and speedy trial as provided for in article 14 of the International Covenant on Civil and Political Rights, ratified by Cambodia.” The letter states.
To draw international attention to imprisonment they regard as unjust, a coalition of organisations is targeting the Francophonie Summit hosted by Cambodia and due to take place in Siem Reap this November. The event announced by French President Macron in October, is due to be attended by senior representatives of the 88 member countries and states that share a French heritage.
Civil Society are hoping that the Summit, will focus international attention on the plight of the MNC5 and put pressure on the Cambodian government to review their case. However, in July when groups held a media stunt outside the Paris Headquarters of organiser, The Organisation Internationale de la Francophonie (OIF), they received a frosty reception and were refused entry to discuss their concerns.
The Swiss Organisation, Bruno Manser Fonds was sent a letter, 22 July, from OIF Chief of Staff, Hervé Barraquand, that said, “We have duly taken note of the information that you wished to bring to our attention…Please accept … the assurance of my highest consideration.” It stopped short of making any concrete commitment to raise the issue of the MNC5 with the Cambodian Government.
Civil society groups led by Bruno Manser Fonds, 28 July, issued a press release criticizing the OIF, for failing to address the matter. “OIF cannot turn a blind eye to the dire situation of Cambodian environmental defenders,” said Lukas Straumann, Director of the Bruno Manser Fonds. “The Francophonie Charter becomes meaningless if its principles are not matched by meaningful action. We expect the OIF leadership to take up this issue immediately with Cambodian Prime Minister Hun Manet,” he said. VOD contacted the OIF for a response, but none was forthcoming by deadline. In recent weeks MNC claim to have exposed the illegal resumption of sand-mining for export to Singapore in Koh Kong province. The organisation continues to be active at exposing environmental crimes and threats to The Kingdom. Two of their members, including the director, chose to avoid their prison convictions by living abroad. Other staff fear that if they travel inside Cambodia or speak out publicly, they will be silenced by the state. Their struggle for justice continues.
