56 while monitoring a peaceful World Habitat Day march in Phnom Penh in October 2016. In February 2017, parapolice attacked a group of 35 women and children protesting the detention of environmental activist Tep Vanny in 57 Phnom Penh, injuring three. Trade union members have also been subjected to violence by authorities and non58 state actors while protesting working conditions. Legal Threats 37. During the period under review, the Cambodia government has routinely applied criminal law provisions in an abusive and arbitrary fashion to silence HRDs and obstruct their work. The following cases are emblematic of a far 59 larger number of cases of judicial harassment of activists and HRDs. 38. On 28 April 2016, five individuals affiliated with Cambodian human rights organization ADHOC –who came to be known as the “ADHOC 5” – were taken into police custody and subsequently charged with “bribery of a witness” after providing legal advice to a woman who was due to be questioned by authorities about her relationship with 60 opposition leader Kem Sokha. The five spent more than a year in prison before being released on bail on 30 61 June 2017. The case against the five remains open. 39. On 1 July 2016, three activists from the environmental group Mother Nature, Sim Somnang, Tri Sovikea, and San Mala, were convicted on charges of “threatening to cause destruction, defacement or damage” for their role in protests against illegal sand dredging in Koh Kong Province. Upon their conviction, they were released on a 62 suspended sentence and time served, having been in detention since their arrest in August 2015. Two additional members of Mother Nature, Dem Kundy and Hun Vannak, were convicted of “incitement to commit a felony” on 26 January 2018 in relation to their filming of sand dredging activities. They were released less than three weeks later 63 on a suspended sentence and time served. 40. On 10 August 2017, political analyst Kim Sok was convicted of defamation and incitement for suggesting in a radio interview that the ruling CPP was behind the killing of Kem Ley. He was sentenced to 18 months 64 imprisonment, fined, and ordered to pay approximately US$200,000 in compensation to the CPP. 41. In 2017, prominent environmental HRD Tep Vanny was convicted in two separate criminal trials relating to her participation in a land rights protest several years earlier. In February, she was sentenced to 30 months’ imprisonment on charges of “intentional violence with aggravating circumstances”, and in September, she was sentenced to six months’ imprisonment for “insult” and “obstruction of a public official with aggravating circumstances”. Tep Vanny has been detained continuously since her August 2016 arrest while protesting the 65 detention of the ADHOC 5. 42. On 4 January 2018, activists But Buntenh, Pa Nguon Teang and Moeun Tola were charged with “breach of trust” for allegedly misappropriating funds raised for Kem Ley’s funeral based on a complaint filed by the leaders of the 66 Cambodian Youth Party, a party with alleged links to the CPP. Kem Ley’s family did not support the complaint. 43. In February 2018, Thai authorities returned Sam Sokha to Cambodia to serve a two year prison sentence for a conviction in absentia for “incitement to discrimination” and “insults to a public official”. She had fled Cambodia in 2017 after a warrant was issued for her arrest in relation to a Facebook video, which showed her throwing a 67 sandal at a picture of Prime Minister Hun Sen. Recommendations: 44. The government should: i. Publicly condemn violence, threats and harassment against HRDs, including environmental activists, and publicly commit to holding those responsible to account ii. End impunity for all attacks against HRDs, ensuring the prompt, thorough and impartial investigation of all cases of murder, attacks and threats, including by examining the alleged involvement of public officials 56 LICADHO, “The Dangers of Dissent: Attacks on Human Rights Defenders”, July 2017, p. 6, available at: https://www.licadhocambodia.org/reports/files/2232017_HRD_ENG[finalWeb].pdf. 57 Ibid. p. 7. 58 Ibid. 59 See, ibid. 60 Human Rights Watch, “Cambodia: Cease Campaign to Curtail Rights Monitoring” 3 May 2016, available at: https://www.hrw.org/news/2016/05/03/cambodia-ceasecampaign-curtail-rights-monitoring. 61 Yon Sineat, Ananth Baliga and Mech Dara, “‘Adhoc 5’ released on bail in case widely seen as political”, Phnom Penh Post, 30 June 2017, available at: https://www.phnompenhpost.com/national/adhoc-5-released-bail-case-widely-seen-political. 62 FIDH, “Cambodia: Suspended sentences and subsequent release of Messrs. Sim Somnang, Tri Sovikea and San Mala”, 4 July 2016, available at: https://www.fidh.org/en/issues/human-rights-defenders/cambodia-suspended-sentences-and-subsequent-release-of-messrs-sim. 63 Prak Chan Thul, “Cambodia jails two environment activists for filming sand export activity”, Reuters, 26 January 2018, available at: https://www.reuters.com/article/uscambodia-human-rights/cambodia-jails-two-environment-activists-for-filming-sand-export-activity-idUSKBN1FF16G. 64 Niem Chheng and Ananth Baliga, “Kim Sok gets 18 months and must pay $200K in compensation to CPP”, Phnom Penh Post, 11 August 2017, available at: https://www.phnompenhpost.com/national/kim-sok-gets-18-months-and-must-pay-200k-compensation-cpp. 65 Amnesty International, “Supreme Court verdict against Tep Vanny and other activists exposes Cambodia’s courts of injustice”, 8 December 2017, available at: https://www.amnesty.org/en/latest/news/2017/12/supreme-court-verdict-against-tep-vanny-and-other-activists-exposes-cambodias-courts-of-injustice/. 66 FIDH, “Cambodia: Judicial harassment of prominent defenders Pa Nguon Teang, Venerable But Buntenh and Moeun Tola”, 30 January 2018, available at: https://www.fidh.org/en/issues/human-rights-defenders/cambodia-judicial-harassment-of-prominent-defenders-pa-nguon-teang. 67 Human Rights Watch, “Cambodia: Free Forcibly Returned Critic of Hun Sen”, 9 February 2018, available at: https://www.hrw.org/news/2018/02/09/cambodia-freeforcibly-returned-critic-hun-sen. 8