URGENT APPEAL - THE OBSERVATORY
KHM 001 / 0715 / OBS 056
Judicial harassment / Arbitrary detention
Cambodia
July 7, 2015
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Cambodia.
Description of the situation :
The Observatory has been informed by reliable sources about the judicial harassment against Mr. Ny Chakrya, Head of the Human Rights and Legal Aid Section of the Cambodian Human Rights and Development Association (ADHOC), an FIDH member organisation in Cambodia. ADHOC, among others, provides legal assistance to victims of human rights violations – including victims of land disputes, engages in human rights advocacy, and monitors human rights violations.
According to the summons received by his lawyers on June 26, 2015, and by Mr. Chakyra personally on July 1, 2015, the Phnom Penh Municipal Court requested Mr. Chakrya to appear before the Deputy Prosecutor of the Phnom Penh Municipal Court on July 13, 2015.
Mr. Ny Chakrya has been charged with “public defamation”, “acts of slanderous denunciation”, and “publication of commentaries to put pressure on jurisdiction” (Art. 305, 311 and 522 of the Criminal Code respectively).
This follows a complaint filed by the investigating judge of the Siem Reap Provincial Court and the Deputy Prosecutor of the Siem Reap Provincial Court.
On May 15, 2015, the Prosecution office of the Siem Reap Provincial Court made a public statement in response to a press conference organised by ADHOC’s main office in Phnom Penh on May 12, 2015, during which Mr. Ny Chakrya, along with one ADHOC lawyer, condemned the arbitrary arrest and detention of Mr. Ven Lorn and Mr. Beourn Sok, two residents of the Chup Romdeng Village (Phnom Sra Ngam area, Kantout commune, Svay Leu district, Siem Reap province) involved in a high profile land dispute in the Siem Reap province.
On June 17 at 8:30am, both were found guilty on charges of inciting a group of residents of Chup Romdeng Village to destroy and intrude on the property of the agricultural development company, Community Takhmao Development Agricultural & Industrial [1], with Mr. Ven Lorn sentenced to six and Mr. Beourn Sok, sentenced to eight months imprisonment. Whereas Mr. Ven Lorn was released on July 3, 2015, upon serving his sentence, Mr. Boeurn Sok has still two months to serve.
In its above-mentioned public statement, the Office of the Prosecutor of the Siem Reap Provincial Court threatened Mr. Ny Chakrya and the ADHOC lawyer defending the two victims involved in the land dispute that it would initiate legal proceedings against them, alleging that their “provocative comments” made during the press conference jeopardised the effective functioning of the Cambodian judicial institutions and the ongoing proceedings in the concerned land dispute.
On May 20, 2015, Mr. Ny Chakrya filed a complaint with the President of the Disciplinary Council of the Supreme Council of Magistracy, claiming that the proceedings against Mr. Ven Lorn and Mr. Beourn Sok were not conducted in accordance with fair trial standards because of the lack of independence and autonomy of the Deputy Prosecutor. No developments have been observed since the complaint was filed.
The Observatory strongly condemns the judicial harassment against Mr. Ny Chakrya, which only aims at sanctioning his legitimate human rights activities, as well as the arbitrary arrest, detention and wrongful convictions against Mr. Ven Lorn and Mr. Beourn Sok.
The Observatory calls on the Cambodian authorities to drop all charges against Mr. Ny Chakrya and to put an end to threats and harassment against human rights defenders in the country.
Actions requested :
Please write to the authorities of the Kingdom of Cambodia asking them to :
i. Put an end to all forms of harassment, including at the judicial level, against Mr. Ny Chakrya as well as of all human rights defenders in the country ;
ii. Immediately and unconditionally release Mr. Beourn Sok ;
iii. Guarantee in all circumstances the physical and psychological integrity of Mr. Ny Chakrya as well as of all human rights defenders in Cambodia ;
iv. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, in particular with :
• article 1, which states that "everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels",
• article 5.b which stipulates that everyone has the right "to form, join and participate in non-governmental organisations, associations or groups",
• as well as article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration" ;
v. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments signed or ratified by the Kingdom of Cambodia.
Addresses :
• Mr. Hun Sen, Prime Minister, Office of the Prime Minister, 41 Russian Federation Blvd, Phnom Penh, Kingdom of Cambodia. Fax : +855 23 360666 / 855 23 880624 (c/o Council of Ministers), Email : leewood_phu@nida.gov.kh / cppparty@gmail.com
• Mr. Sar Kheng, Minister of Interior, Ministry of Interior, 275 Norodom Blvd, Phnom Penh, Kingdom of Cambodia. Fax : + 855 23 212708
• Mr. Ang Vong Vathna, Minister of Justice, Ministry of Justice, 240 Sothearos Blvd, Phnom Penh, Kingdom of Cambodia. Fax : + 855 23 364 119
• Mr. Hor Nam Hong, Minister of Foreign Affairs, 161 Preah Sisowath Quay, Phnom Penh, Kingdom of Cambodia. Fax : + 855 23 216 144 / 855 23 216 141 Email : mfaic@mfa.gov.kh
• Mr. Om Yentieng, Minister & President of the Cambodian Human Rights Committee, Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax : +855 12 81 37 81 / +855 23 21 11 62 or +855 23 88 10 45 (c/o Council of Ministers)
• Mr. Sok An, Deputy Prime Minister, Fax : + (+855) 23 882 065, Email : leewood_phu@nida.gov.kh, info@pressocm.gov.kh
• Ambassador Mr. Ney Samol, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, Chemin de Taverney 3, Case postale 213, 1218 Grand-Saconnex, Switzerland, Fax : + 41 22 788 77 74, Email : camemb.gva@mfa.gov.kh / cambodge@bluewin.ch
Please also write to the diplomatic representations of Cambodia in your respective countries.
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Paris-Geneva, July 7, 2015
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of human rights defenders and aims to offer them concrete support in their time of need.