List of arrests and persons in detention for COVID-19 related offenses
Between January 28 and June 17, 2020, Cambodian authorities arrested 30 people who had expressed their views on Covid-19, 15 of whom remain in pretrial detention. Twelve of the 30 people arrested are affiliated with the dissolved Cambodia National Rescue Party (CNRP).
PERSONS HELD IN PRE-TRIAL DETENTION:
On March 9, 2020, Phnom Penh police arrested Koy Sam Ath (35 years old), an online seller in Phnom Penh, based on a video he posted on his Facebook page under the name “Tep Visal.” In the video, he critically commented on a coronavirus case in Cambodia, alleging that the authorities only knew about it because Vietnam told them. The Phnom Penh police questioned him upon arrest. On March 10, the Phnom Penh municipal court charged him with “incitement to commit felony” (articles 494 and 495 of Cambodia’s criminal code). He is currently in pre-trial detention in Phnom Penh’s Prey Sar prison.
On March 10, 2020, Preah Sdech district police arrested Khut Chroek (49 years old), a senior member of the dissolved Cambodia National Rescue Party (CNRP) in Boeung Dol commune, Preah Sdach district, Prey Veng province. The authorities arrested him based on a critical Facebook post related to COVID-19, which authorities alleged was false information on the coronavirus. On March 11, the authorities charged him with “plotting” and “incitement to commit felony” (articles 453 and 495 of Cambodia’s criminal code) and put him in pre-trial detention at Phnom Penh’s Prey Sar prison.
On March 11, 2020, Siem Reap police arrested Phut Thona Lorn (also known as Lorn Ly – 32 years old), a supporter of the dissolved Cambodia National Rescue Party (CNRP). The authorities accused him of spreading what the government called “fake news” about the coronavirus outbreak. On March 12, the Siem Reap provincial court charged him with spreading false information (article 425 of Cambodia’s criminal code). The police said they surveilled Lorn Ly’s Facebook account for a week prior to the arrest but did not disclose a legal basis for such surveillance. Lorn Ly had shared two videos on his Facebook profile page in which the speaker claimed the Cambodian government needed the Vietnamese government’s information about an arrival to Cambodia who later tested positive for COVID-19. He is being held in pre-trial detention at Siem Reap’s provincial prison.
On March 17, 2020 at approximately 3 p.m., Phnom Penh police arrested Ngin Khean (29 years old) in Phnom Penh’s Steung Meanchey commune. He is the head of the youth wing of the dissolved Cambodia National Rescue Party (CNRP) in Preah Sdach district of Prey Veng province. The authorities arrested him based on allegations he posted “fake news” about the coronavirus on his Facebook profile page. On the same day, the authorities charged him with “plotting” and “incitement to commit felony” (articles 453 and 495 of Cambodia’s criminal code) and sent him to pre-trial detention at Phnom Penh’s Prey Sar prison facility. Ngin Khean is the brother-in-law of Khut Chroeuk, who was arrested in Prey Veng on March 10.
On March 26, 2020, Kampong Chhnang police arrested Keo Thai (50 years old), who is a former senior member of the dissolved opposition Cambodia National Rescue Party (CNRP) in Por Pel commune, Bory Bo district, Kampong Chhnang province, and a member of the Cambodia Independent Teachers Association (CITA). Police surrounded his daughter’s house as part of their search for him. Police transported Thai to Phnom Penh and detained him at Prey Sar prison facility. According to his family, police arrested him without a warrant while confiscating his mobile phone, and the phones of his wife and daughter. The authorities charged Keo Thai with “plotting” and “incitement to commit felony” (articles 453, 494, and 495 of Cambodia’s Criminal Code). On March 27, National Police Commission spokesman Chhay Kim Khoeun alleged that Keo Thai “was on the court’s [black] list but was spared any legal action [with regard to other cases] by the government. Instead, he was put under court observation. After he was forgiven, he did not seem to change. He even created more problems by producing inciteful news, which means he did not change.” Earlier, in March 2020, police attempted to arrest Keo Thai for criticizing the government on Facebook, but he fled before police arrived. His daughter told Radio Free Asia that she was not sure why her father had been detained at this time because he had merely conducted online teaching after schools had been shut on March 16 due to the Covid-19 outbreak. Keo Thai’s lawyer informed Radio Free Asia that he suffers from high blood pressure and must take medication daily.
On March 26, 2020, Kampong Chhnang police arrested Thai Sokunthea, an activist of the dissolved opposition Cambodia National Rescue Party (CNRP) in Kampong Chnnang province. On March 29, the authorities charged Thai Sokunthea with “plotting” and “incitement to commit felony” (articles 453, 494, and 495 of Cambodia’s Criminal Code) and placed him in pre-trial detention at Phnom Penh’s Prey Sar correctional facility. The reasons for his arrest are not clear but it appears connected to past arbitrary and politically motivated charges being reactivated against him. It appears that Thai Sokunthea has not made any critical Facebook postings in relation to the Cambodian government’s Covid-19 response.
On March 27, 2020, Phnom Penh police arrested Yim Sareth (52 years old), a former commune councilor of the dissolved opposition Cambodia National Rescue Party (CNRP) in Romeas Hak district, Svay Rieng province. The authorities alleged he spread “fake news” about Covid-19 on his Facebook page. However, the only Facebook post that can be found is one from March 20 when he stated that he wears a mask to protect himself from dirt and cement dust, but his real fear is the coronavirus. The Phnom Penh municipal court charged him with “plotting” and “incitement to commit felony” (articles 453, 494, and 495 of Cambodia’s Criminal Code) and placed him in pre-trial detention at Phnom Penh’s Prey Sar correctional facility. His lawyer informed Radio Free Asia that Yim Sareth suffers from high blood pressure and must take medication daily. Similar to other recently arrested former CNRP activists, the charges against Sareth consist of fabricated and politically motivated charges being reactivated against him as part of a wider crackdown against the opposition.
On April 7, 2020, Phnom Penh police arrested journalist and director of online TVFB news site, Sovann Rithy (31 years old) based on allegations that he was inciting chaos by quoting words from a recent Hun Sen speech. Specifically, Sovann Rithy wrote the words on this Facebook page, quoting the prime minister saying “If motorbike-taxi drivers go bankrupt, sell your motorbikes for spending money. The government does not have the ability to help” when reporting on the economic impact of Covid -19. On April 9, the investigating judge of the Phnom Penh municipal court charged him with “incitement to commit felony” (articles 494 and 495 of Cambodia’s criminal code). He is currently held in pre-trial detention at Phnom Penh’s Police Judiciare prison facility. On April 8, the Ministry of Information revoked TVFB's broadcasting license on grounds that Rithy allegedly had broadcasted information “which was to generate an adverse effect on the security, public order and safety of society.”
On April 13, 2020, Kampong Thom police arrested Lek Seangly (21 years old), a petroleum station worker in Thon Maong village, Kampong Thmar commune, Santok district, Kampong Thom province. On April 12, he had posted a Tik Tok video, in which he stated “no Covid-19 spread during the Khmer New Year, so we can travel and now petroleum is cheap – just 3000 riel per liter, we are happy to ride and travel during the Khmer New Year.” Ahead of Khmer New Year, which traditionally sees Cambodians travel to their home provinces, the government issued Directive No. 02 dated April 9 imposing one-week travel restrictions, preventing travel between provinces. The authorities alleged that his Facebook post “affected public order.” On April 14, the Kampong Thom court charged him with “incitement to commit felony” (articles 494 and 495 of Cambodia’s penal code). He is currently held in pre-trial detention at Kampong Thom provincial prison.
On April 2, 2020, Phnom Penh police arrested Kheum Pheana (52 years old), a former senior member of the dissolved Cambodia National Rescue Party (CNRP) in Phnom Penh. On April 3, the Phnom Penh court charged him with “plotting” and “incitement to commit felony” (articles 453, 494, and 495 of Cambodia’s Criminal Code). The authorities ordered his pre-trial detention at Phnom Penh’s Prey Sar correctional center. The rationale for the charges is unclear because it appears that Pheana did not make any critical Facebook post in relation to the Cambodian government’s Covid-19 response.
On April 13, 2020, police arrested Chum Chan (52 years old), a former council member of the dissolved opposition Cambodia National Rescue Party (CNRP) in Prek Khser Khor commune, Peam Ro district, Prey Veng province. He is also a member of the Cambodian Independent Teachers Association in Prey Veng province. The authorities charged him with “plotting,” “inciting military personnel to disobedience” and “incitement to commit felony” (articles 453, 471, 494, and 495 of Cambodia’s Criminal Code) and ordered his pre-trial detention at Phnom Penh’s Prey Sar correctional center. These charges are based on an introductory submission issued by the prosecutor of the Phnom Penh municipal court dated July 11, 2018, approximately two weeks before the general elections on July 29, 2018.
The authorities had told Chum Chan to come to a district police station in Prey Veng’s Peam Ro district for questioning, failing to mention the basis for questioning and the possibility of arrest. The authorities seized his two mobile phones, which he was carrying with him. His wife told Radio Free Asia (RFA) that she only found out two days after Chan’s arrest that he had been taken to Phnom Penh when he called her from inside the prison to ask for money to spend for basic needs in prison. A local human rights group, the Cambodian Human Rights and Development Association (ADHOC), told RFA that Chan had been a teacher but was removed from the Ministry of Education’s list of registered teachers on January 30, 2018 due to his affiliation with the CNRP.
On April 15, 2020, Banteay Meanchey police and national Ministry of Interior police arrested Nhem Vean (50 years old) in Poi Pet city, Banteay Meanchey province, at the border with Thailand. Nhem Vean is a former senior member of the dissolved opposition Cambodia National Rescue Party (CNRP) in Svay Rieng province. The authorities charged him with “plotting,” “inciting military personnel to disobedience” and “incitement to commit felony” (articles 453, 471, 494, and 495 of Cambodia’s Criminal Code). These allegations are old, reactivated charges imposed amidst a wider crackdown on the political opposition in 2018. He is currently held in pre-trial detention at Phnom Penh’s Prey Sar correctional center. It appears that Vean has not posted any critical messages on his Facebook about the government’s Covid-19 response.
On April 20, 2020, police arrested Sok Chantha (55 years old), a former senior member of the dissolved opposition Cambodia National Rescue Party (CNRP) in Kram village, Prey Veng province. The village chief allegedly invited Chantha to come to the commune council office to discuss a possible reduction in his debt payment with a microfinance institution in response to financial challenges caused by Covid-19. At the commune council office, police seized Chantha’s phone, arrested him and took him to Phnom Penh. The authorities failed to present an arrest warrant. The authorities took him to the Ministry of Interior and General Commissariat of National Police in Phnom Penh for further questioning without a lawyer present. The authorities charged him with “plotting,” “inciting military personnel to disobedience” and “incitement to commit felony” (articles 453, 471, 494, and 495 of Cambodia’s Criminal Code) and, on April 22, placed him in pre-trial detention at Phnom Penh’s Prey Sar correctional facility. The basis for his arrest is unknown. It appears that Chantha has not posted any critical messages on his Facebook about the government’s Covid-19 response.
On March 18, 2020, Phnom Penh police arrested Long Phary at Phnom Penh’s O’Russey market. He is a senior member of the dissolved Cambodia National Rescue Party (CNRP) in Kampong Trabeik district, Prey Veng province. The authorities said that they arrested him based on a phone conversation he had about COVID-19, and alleged he was spreading what the government labelled as “fake news.” The authorities did not clarify how they learned about the contents of the conversation. On the same day, the authorities charged him with “plotting” and “incitement to commit felony” (articles 453 and 495 of Cambodia’s criminal code) and sent him to Phnom Penh’s Prey Sar prison. In a speech on March 9, Hun Sen specifically mentioned Phary, accusing him of spreading false information about being secretly transferred to a hospital in Singapore. Hun Sen threatened Long Phary’s arrest and warned him “Don’t ever think that we don’t know what you’re doing!”.
RELEASED ON BAIL, CHARGES PENDING:
On March 17, 2020 at about 8 a.m., Phnom Srouch district and provincial police arrested Sath Sros, a teacher at Dak Por Primary School in Krang Dey Vay village, Phnom Srouch distict, Kampong Speu province. Authorities alleged Sros had shared “fake news” on his Facebook page about the coronavirus. On the same day the Kampong Speu provincial court questioned him and charged him with conspiracy and incitement to commit a felony (articles 453 and 495 of Cambodia’s criminal code). On March 20, police released him after he signed a pledge to refrain from spreading so-called “fake news” about the virus in the future. However, the charges against him are still pending and he will need to report after one month to the police.
On March 20, 2020, the police chief and deputy district police inspector of Sambath Meanchey commune police, accompanied by 10 officers, arrested Hin Chhan (56 years old), a former district councilor for the dissolved opposition Cambodia National Rescue Party (CNRP) in Prey Sras village, Sambath Meanchey commune, Romeas Haek district, Svay Rieng province. The authorities alleged that Chhan incited social unrest through a Facebook post commenting on the government’s Covid-19 response. After taken into police custody, Chhan suffered a stroke. Due to his critical medical condition, the authorities held him overnight at the district public hospital and the next day transferred him to the provincial public hospital. Chhan was in a coma for several days. The Svay Rieng provincial court charged him with “incitement to commit felony” (articles 494 and 495 of Cambodia’s criminal code). On April 6, the authorities released him on bail due to his serious medical condition but Chhan will have to appear at the police station once a month.
ARRESTED, GIVEN OFFICIAL WARNING - RELEASED UPON SIGNING PLEDGE TO STOP SPREADING GOVERNMENT-DEEMED “FAKE NEWS”:
On January 28, 2020, police arrested Men Channouen, a staff member of a tourist company in Siem Reap. He had shared information on the coronavirus on his Facebook page. The authorities accused him of spreading “fake news.” The authorities released him on the same day after he signed a pledge to refrain from spreading so-called “fake news” about the virus in the future.
On January 28, 2020, police arrested Oeung Ching Serey Ratanak, a staff member of a tourist company in Siem Reap. She had shared information on the coronavirus on her Facebook page. The authorities accused her of spreading what the government termed “fake news.” The authorities released her on the same day after she signed a pledge to refrain from spreading so-called “fake news” about the virus in the future.
On January 29, 2020, Koh Kong police arrested Chung Chen based on allegations that he spread what the government termed “fake news” about the coronavirus on his Facebook page. The authorities released his on the same day after he signed a pledge to refrain from spreading so-called “fake news” about the virus in the future.
On January 30, 2020, Pursat police arrested Svay Srey Mom (30 years old) from Peal Nheak 2 village, Phtear Prey commune, Pursat municipality, Pursat Province, based on allegations she spread what the government called “fake news” about the coronavirus on her Facebook page. The authorities released her on the same day after she signed a pledge to refrain from spreading so-called “fake news” about the virus in the future.
On January 30, 2020, Siem Reap police arrested Kan Sopheak based on allegations she spread what the government called “fake news” about the coronavirus on her Facebook page. The authorities released her on the same day after she signed a pledge to refrain from spreading so-called “fake news” about the virus in the future.
On February 3, 2020, Pursat police arrested Muth Samean based on allegations that he spread what the government termed “fake news” about the coronavirus on his Facebook page. On February 6, the authorities released his after he signed a pledge to refrain from spreading so-called “fake news” about the virus in the future.
On March 3, 2020 at about 2:30 p.m., Phnom Penh’s Russey Keo police arrested Tep Phalla (32 years old) based on allegations he spread what the government termed “fake news” about the coronavirus on his Facebook page under the name “Saty Fila.” The authorities released him on the same day, after he signed a pledge to refrain from spreading “fake news” in the future. He also publicly apologized on his Facebook page, and the Phnom Penh police commissariat then put his apology on its Facebook page together with his photo.
On March 9, 2020 at 9:30 a.m., Siem Reap provincial and Prasat Bakorng district police arrested Thai Chhor Yoeun in relation to a post she shared on her Facebook page on March 7. The post she shared alleged that a family in the province had contracted the coronavirus, and warned people to be careful not to get infected. The authorities released her on the same day, after she signed a pledge to refrain from spreading so-called “fake news” about the virus in the future.
On March 11, 2020, Takeo police arrested Chuong Phearum (30 years old) based on allegations he spread fake news about the coronavirus on his Facebook page. His post claimed two people had died in Tel Bun Honh’s polyclinic in Pich Changya village, Boeung Tranh Khang Choeung commune, Samroang district, Takeo province. Police sent him to Takeo provincial prison. On March 12, after the Takeo provincial court questioned him, the authorities decided to release him. In exchange for his release, Phearum had to issue a public apology and sign a pledge to refrain from spreading so-called “fake news” about the virus in the future.
On March 12, 2020, Kampot’s Kampong Trach district police arrested a 14-year-old girl based on a message she had posted on Facebook, saying that three students at her Chinese language school had contracted COVID-19. She also said in the post that three people had died from the virus in Kampot province. After she made a public apology, the authorities released her on the same day.
On March 22, 2020, Siem Reap police arrested Ngor Kaov Tong (23 years old) a phone seller from Kampong Kdey village, Kampong Kdey commune, Chi Kreng district, Siem Reap province. The authorities alleged he spread “fake news” about the coronavirus on his Facebook page. The authorities released him on the same day, after he signed a pledge to refrain from spreading so-called “fake news” about the virus in the future.
On March 21, 2020, Kampong Chhnang provincial and district police arrested Mao Sokha (57 years old), the deputy head of the Department of Information in Kampong Chhnang province. The authorities alleged he spread so-called “fake news” about the coronavirus on his Facebook page on the same day of his arrest. His Facebook post commented on medical staff at Kampong Chhnang referral hospital being incapable of curing the coronavirus, resulting in patients dying. The authorities interrogated him and held him overnight. The arrest was based on a complaint lodged by the head of the provincial referral hospital. The authorities released him on March 22, after he issued an apology to the head of hospital and signed a pledge to refrain from spreading “fake news” about the virus in the future.
On March 25, 2020, military police arrested Oeun Samart (37 years old), a phone seller in Ksach Kandal district, Kandal province. The authorities alleged he spread so-called “fake news” about the coronavirus via a private voice message to a Facebook chat group, saying a migrant worker in the village, who had recently returned from Thailand, had the virus. Military police detained and questioned Samart at their station, where he rejected the allegations. According to a spokesman for the National Police, “this message caused fear and chaos in society, especially to those fighting Covid-19.” The authorities released him on the same day, after he issued an apology and signed a pledge to refrain from spreading “fake news” about the virus in the future.
On March 25, 2020, Siem Reap provincial police arrested Choeun Da, a tour guide, based on a year-old video reposted on his professional Facebook account, “Tour arrangement in Siem Reap,” a day before his arrest, saying that a religious “water-pouring ceremony” could cure Covid-19. The authorities accused him of spreading so-called “fake news” on the coronavirus. The authorities released him after he signed a pledge to refrain from spreading “fake news” about the virus in the future.