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Despite assurances from defense lawyers and mounting criticism from rights groups, the Phnom Penh Appeal Court on December 1 refused to grant bail to five Mother Nature activists serving six to eight years in jail for “plotting” and “insulting the King”. Their charge followed their arrest in July 2024 when they launched a campaign to protect the environment and natural resources.
The case of Ly Chandaravuth, Phuon Keoreaksmey, Long Kunthea, Thon Ratha, and Yim Leanghy, which began on Monday afternoon, was heard by a panel of three judges headed by Ith Sothea.
Four of the activists were transported to the court about 2 p.m while Thon Ratha arrived at 2:26 p.m. Ratha yelled from the prison vehicle, “I’m doing okay, I’m doing okay”, waving to supporters with his handcuffed hands.
To be sure, 10 Mother Nature campaigners have been sentenced by the Phnom Penh Municipal Court in the same case.
Pat Reaksmey, Ratha’s wife, told CamboJA News she was disappointed that the court rejected her husband and the other four activists’ application for bail even though they presented valid reasons. After the decision was announced, the judge asked them to file an appeal to the Supreme Court.
“I am speechless. I am so disappointed with the decision. The rejection puts more pressure on me as I’m taking care of three young children alone. I hope he will be back soon,” said Reaksmey.
The five appellants are serving time in different provincial prisons in the country. Their detention in distant facilities makes it difficult for their family and friends to visit them, and affects their access to health care and legal counsel.
Ratha is kept in Correctional Center 3 in Tboung Khmum province, which NGO Licadho said “goes against the detention policies outlined in a Ministry of Interior prakas in 2022”.
According to senior investigator Yi Soksan of Cambodian Human Rights and Development Association (Adhoc), over a year has passed since the Court of Appeal lawsuit against the activists. It is particularly difficult with the court allegedly failing to conduct a proper hearing after the Phnom Penh Municipal Court charged and sentenced them. Owing to that, their lawyers sought their release on bail.
Three activists were handed down a six-year jail term, however, Ratha, Leanghy, and Mother Nature co-founder Alejandro Gonzalez-Davidson, who was sentenced in absentia, were convicted for insulting the king under Article 437, resulting in eight years in prison and 10 million riel (around $2,500) fine.
He said despite the promise and pleas by the five Mother Nature members, the court denied them. Soksan expressed disappointment over this. “The court did not only reject their [the activists] bail [but said] if they are not satisfied with the decision they can follow through with the Supreme Court.”
Soksan pointed out that Mother Nature has done a lot of social work and made significant contributions to bridge the gap in the government, so they should be supported. However, their work has not been recognized.
“They sobbed during the case because they wanted to go back to social work but remain detained because the court decided to detain them,” said Soksan.
In 2023, the Mother Nature Cambodia members received the Right Livelihood Award for their “fearless and engaging activism” to protect the environment. The Swedish foundation behind the prize condemned their conviction.
The Mother Nature movement was co-founded in 2013 by Spanish national Gonzalez-Davidson. He was deported in 2015, but was tried in absentia and permanently banned from re-entering Cambodia after serving his sentence.
