Case History: Yorm Bopha

On 28 June 2016, the Court of Appeals in Phnom Penh confirmed the sentencing of human rights defenders Ms Yorm Bopha during a retrial in relation to an alleged attack on two motorbike taxi drivers on 7 August 2012. Front Line Defenders issued an Urgent Appeal regarding the  appeal trial on 5 June 2013.

Yorm Bopha has been actively involved in a community struggle against forced eviction at Boeng Kak, which is ongoing since 2007. When thirteen of her fellow activists (the Boeng Kak 13) were charged and imprisoned on 24 May 2012, the human rights defender emerged at the forefront of the campaign for their release. The human rights defender says she has been targeted by the police ever since. Police reportedly told her that she was 'on the blacklist'. The human rights defender was arrested on 4 September 2012 and sentenced to three years' imprisonment on 27 December 2012 for “intentional violence with aggravating circumstances”. The charges were based on Yorm Bopha's alleged attack against two motorbike taxi drivers. In November 2013, the Supreme Court ordered a re-trial.

On 28 June 2016, Yorm Bopha was found guilty for the second time by the Court of Appeals in Phnom Penh of organising the beating of two motorbike taxi drivers in 2012. She has been sentenced to three years in prison, of which she already served 14 months and 18 days, with the remainder of her sentence to be suspended. She was also ordered to pay the alleged victims 10 million riel. The court sentenced Yorm Bopha despite the prosecution's failure to produce any credible evidence linking her to the alleged attack.

Front Line Defenders is concerned about the sentencing of Yorm Bopha. Front Line Defenders urges the Cambodian authorities to quash the sentence as it is believed it is solely motivated by her peaceful and legitimate work in defence of human rights, particularly her struggle against forced eviction in Boeng Kak.

On 5 June 2013, the appeal trial of human rights defender Ms Yorm Bopha was suspended until 14 June 2013 in Phnom Penh. On 4 September 2012, the housing rights activist was charged with 'intentional violence with aggravating circumstances' under Article 218 of the Cambodian Criminal Code in relation to a skirmish that had broken out near her house on 7 August 2012. She was sentenced to three years imprisonment on 27 December 2012.

Yorm Bopha has been actively involved in a community struggle against forced eviction at Boeng Kak which is ongoing since 2007. When thirteen of her fellow activists (the Boeng Kak 13) were charged and imprisoned on 24 May 2012, the human rights defender emerged at the forefront of the campaign for their release. The human rights defender says she has been targeted by the police ever since, and was even told that she was 'on the blacklist'.

On the morning of 4 September 2012, police called Yorm Bopha and her husband, Lous Sakhorn, to tell them they needed to renew their voting cards. When they left the house they were apprehended and forced into a car by plain-clothes policemen. Yorm Bopha was then taken to Prey Sar prison where she was held in pre-trial detention whilst her husband was released. In the prison, the human rights defender was forced to make her thumbprint on a number of documents without being informed of the reasons for her detention. Yorm Bopha was held in detention until, on 26 December 2012, she was tried along with her husband. Her two brothers, Mr Yorm Kanloang and Mr Yorm Seth, were tried in absentia. The human rights defender and the three other accused were ordered to pay compensation of 30 million riels (approximately 7,500USD each to two alleged victims. The human rights defender was sentenced to three years imprisonment against which she filed an appeal in January 2013 and had the date set for 5 June 2013. On 19 March 2013, the Cambodian Prime Minister referred to the human rights defender's case as “a simple case of her beating someone up”. Yorm Bopha's second appeal for bail was denied on 27 March 2013.

The assault for which the human rights defender has been sentenced is alleged to have taken place on 7 August 2012 at approximately 7pm. Two motorcycle taxi-drivers, Mr Nget Chet and Mr Vath Thaiseng were drinking outside a bar when they were set upon by two assailants wielding an axe and a screwdriver. Yorm Bopha had been out exercising and had stopped to talk to her husband and a neighbour. When they saw the skirmish break out, they went over to enquire but did not enter the bar. According to the Prosecution, Yorm Bopha and her husband had ordered the attack and then arrived at the scene to witness it. It is alleged that Yorm Bopha's brothers carried out the attack because the alleged victims had stolen the human rights defender's car mirror one month before. Yorm Bopha says that although it is true her mirror was stolen, she had no idea who the suspects were, nor had she ever seen the alleged victims before. Despite the fact that the Cambodian Criminal Procedure Code states that no civil party can stand as a witness in a case they stand to gain compensation from, the two motorcycle taxi-drivers were allowed to make statements, which were used as the main source of evidence against the defendants, and they were not required to take an oath.

Front Line Defenders is concerned at the above-mentioned irregularities in the trial of Yorm Bopha. It is believed that the charges and conviction against her are motivated solely by her peaceful and legitimate work in defence of human rights in Cambodia, particularly her struggle against forced eviction in Boeng Kak.

Front Line Defenders urges the authorities in Cambodia to:

Immediately and unconditionally release and drop all charges against Yorm Bopha as it is believed the charges and conviction against her are solely motivated by her peaceful and legitimate work in defence of human rights;

Guarantee in all circumstances that all human rights defenders in Cambodia are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.