Cambodia: civil society groups condemn the continued arbitrary detention of the #FREETHE5KH detainees

06/03/2017
Press release

We, the undersigned international and Cambodian civil society organizations, strongly condemn the brazen attacks carried out against Cambodian human rights defenders (HRDs) over recent weeks, in what appears to be a deliberate strategy by the Cambodian authorities to punish and deter any expression of dissent ahead of the upcoming commune and national elections, scheduled for June 2017 and July 2018 respectively.

We are alarmed by the escalating severity of the government’s crackdown on fundamental freedoms, which has seen HRDs targeted with threats, judicial harassment and even violence. HRDs play an essential role in holding those in power to account. Attacks on those who peacefully and legitimately carry out such work are unlawful, unacceptable, and must cease.

HRDs Mr. Ny Sokha, Mr. Yi Soksan, Mr. Nay Vanda, Ms. Lim Mony and Mr. Ny Chakrya (also known as the ‘Khmer Five’) have as of today spent 311 days in arbitrary detention in Phnom Penh [1]. In November 2016 the United Nations Working Group on Arbitrary Detention (“UNWGAD”) concluded that they had been discriminated against on the basis of their status as human rights defenders and that this, along with violations of their right to a fair trial, renders their imprisonment arbitrary. The UNWGAD called on the Cambodian government to immediately release the five [2], yet more than three months later, they remain behind bars with the investigation into the politically motivated charges still ongoing [3].

On 23 February 2017, four of the five detaineesappeared before the Court of Appeal to challenge their continued detention. For the sixth time, their release on bail was denied. Furthermore, on 27 February 2017, all five were scheduled to appear before the Supreme Court in a public hearing to challenge a decision made last year to extend their pre-trial detention for a further six months [4]. However, the necessary order summoning the detainees to the court was not sent to any of the three different prisons where the five are being held, with the result that the hearing has been postponed [5].

Last week also saw long-time land rights activist and HRD Ms. Tep Vanny convicted of ‘intentional violence with aggravated circumstances’ in a case dating back to 2013. The conviction came after over five months of pre-trial detention on a baseless charge that was suddenly reactivated following Ms. Tep Vanny’s arrest in August 2016 while protesting for the release of the Khmer Five. In a clear attempt to silence one of the Cambodian authorities’ most fearless and outspoken critics, Ms. Tep Vanny was sentenced to two years and six months’ imprisonment, as well as a series of fines and compensation payments amounting to the equivalent of $2250 USD. A group of Ms. Tep Vanny’s supporters, who had peacefully gathered outside the court building, were also violently dispersed by police and security forces, leaving some in need of hospital treatment [6]. These events follow on the heels of a September 2016 conviction of Ms. Tep Vanny and three other activists, on charges also reactivated in August 2016, for ‘obstruction of a public official with aggravating circumstances’ and ‘insult of a public official’ in relation to a 2011 protest, despite a lack of any credible evidence. The six-month sentence has been upheld on appeal but is yet to be enforced.

These developments have occurred in an increasingly hostile environment for human rights inCambodia. In the last month alone, two human rights monitors were summoned for questioning under suspicion of committing ‘intentional violence’ during a protest at which they were victims of beatings by security guards [7]. A human rights NGO was also publicly threatened with legal action in relation to their publication of research highlighting child labor and debt bondage in brick factories [8]. In a further backlash against legitimate advocacy, 48 NGOs were threatened with legal action for ‘putting pressure on the court’ – a criminal offense that appears uniquely reserved for those critical of government - following their criticism of the conviction of three environmental activists [9] .

In addition, the characterisation of any form of protest as ‘color revolutions’ by leading government figures appears to be an attempt to delegitimize any form of peaceful protest and pre-emptively justify disproportionate and violent crackdowns on demonstrations [10]. We are seriously concerned that such rhetoric may lead to an increasingly dangerous situation both for human rights defenders and for all individuals who wish to exercise their fundamental rights to freedom of opinion, expression, peaceful assembly, and associationthroughout the election period.

These attacks on HRDs are in violation of Cambodia’s legally binding obligations under international human rights law. Additionally, the United Nations Declaration on Human Rights Defenders [11] explicitly restates the internationally-guaranteed right of all individuals to participate in peaceful activities against violations of human rights and fundamental freedoms, as well as the duty of each state to take all necessary measures to protect individuals against any violence, threats, retaliation, discrimination, pressure or any other arbitrary action as a consequence of their legitimate exercise of this right.

The United Nations Human Rights Council is currently holding its 34 th session in Geneva: the international community - in particular signatories to the Paris Peace Agreements who undertook to “promote and encourage respect for and observance of human rights and fundamental freedoms in Cambodia” – must join us in publicly condemning these violations and urge the Cambodian authorities to comply with international law.

We call on the Cambodian authorities to cease their unlawful attacks on HRDs and immediately release all those detained as a result of the legitimate exercise of their fundamental freedoms.

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  • Co-signatories

    1. Afghanistan Journalists Center
    2. Alliance for Conflict Transformation (ACT)
    3. ARTICLE 19
    4. Asia Democracy Network (ADN)
    5. Asian Forum for Human Rights and Development (FORUM-ASIA)
    6. Asian Network for Free Elections (ANFREL)
    7. Association of Caribbean Media Workers
    8. Banglar Manabadhikar Suraksha Mancha (MASUM), India
    9. Boeung Kak Community
    10. Boeung Trabek Community
    11. Borei Keila Community
    12. Bytes For All, Pakistan
    13. CamASEAN
    14. Cambodia Indigenous Youth Association (CIYA)
    15. Cambodian Center for Human Rights (CCHR)
    16. Cambodian Center for Independent Media (CCIM)
    17. Cambodian Human Rights and Development Association (ADHOC)
    18. Cambodian League for the Promotion & Defense of Human Rights (LICADHO)
    19. Canadian Journalists for Free Expression
    20. Cartoonists Rights Network International
    21. Center for Human Rights and Development (CHRD), Mongolia
    22. Center for Independent Journalism - Romania
    23. Center for Media Freedom and Responsibility
    24. Center for Media Studies & Peace Building
    25. Coalition of Cambodian Farmer Community (CCFC)
    26. Community Legal Education Center (CLEC)
    27. Equitable Cambodia (EC)
    28. Former Boeung Kak Women Network Community
    29. Free Media Movement
    30. Front Line Defenders
    31. Fundamedios - Andean Foundation for Media Observation and Study
    32. Gender and Development for Cambodia (GADC)
    33. Globe International Center, Mongolia
    34. Human Rights Defenders Alert, India
    35. Human Rights Network for Journalists - Uganda
    36. Human Rights Working Group (HRWG), Indonesia
    37. Index on Censorship
    38. Indigenous Youth at Prome Community, Preah Vihear Province
    39. Indradevi Association (IDA)
    40. INFORM Human Rights Documentation Centre, Sri Lanka
    41. INSEC (Informal Sector Service Centre), Nepal
    42. Institute for Media and Society
    43. International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders
    44. International Press Centre
    45. Journaliste en danger
    46. Kuoy Ethnic Community, Prame Village, Preah Vihear province
    47. Land Community, I Village Preah Sihanouk province
    48. Land Community, Prek Chik Village, Koh Kong
    49. Land Conflict Community, Skun Village, Siem Reap province
    50. Law and Society Trust (LST), Sri Lanka
    51. Lor Peang Community, Kampong Chhnang Province
    52. Maldivian Democracy Network (MDN)
    53. Media Institute of Southern Africa
    54. Media Watch
    55. Mongolia Democracy Network
    56. National Union of Somali Journalists
    57. Norwegian PEN
    58. Odhikar, Bangladesh
    59. Pacific Islands News Association
    60. Pakistan Press Foundation
    61. Palestinian Center for Development and Media Freedoms - MADA
    62. Peoples’ Vigilance Committee on Human Rights (PVCHR)
    63. Philippines Alliance of Human Rights Advocates (PARHA)
    64. PILIPINA Legal Resources Center (PLRC)
    65. Ponlok Khmer (PKH)
    66. Programme Against Custodial Torture and Impunity (PACTI), India
    67. Progressive Voice, Myanmar
    68. Railway Station, Tuol Sangkae A Community
    69. Society for the Protection of the Rights of the Child (SPARC), Pakistan
    70. SOS International Airport Community
    71. South East European Network for Professionalization of Media
    72. South India Cell for Human Rights Education and Monitoring (SICHREM)
    73. Southeast Asian Press Alliance
    74. Suara Rakyat Malaysia (SUARAM),
    75. Task Force Detainees of the Philippines
    76. Think Centre, Singapore
    77. Vigilance pour la Démocratie et l’État Civique
    78. World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders

  • Member organisations - Cambodia
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    Cambodia
    3 STREET 158
    PHNON PENH
    +855 23 21 86 53
    +855 23 98 24 07
    +855 23 21 72 29
    vignette contact
    Cambodia
    No. 16 rue 99 Cambodge
    BP 499 Phnom Penh
    +855 23 727 102
    +855 23 216 602
    +855 23 217 626
    +855 23 727 102

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