Description of the situation:
The Observatory has been informed about the arbitrary detention and judicial harassment of Mr Koet Saray, president of the Khmer Student Intelligent League Association (KSILA), a group that works on capacity building to increase students’ participation in social development, good governance, and sustainable use of natural resources in Cambodia.
On April 5, 2024, at approximately 4:00pm, Koet Saray was arrested by 10 police officers, some in uniforms and some in plainclothes, outside of KSILA’s office in Phnom Penh, following an order issued by the Office of the Prosecutor at Phnom Penh Municipal Court of First Instance on the same day, on charges of “incitement to cause serious chaos to social security”. Koet Saray was then immediately sent to the Phnom Penh Police Commissariat for questioning.
On April 6, 2024, in the afternoon, Koet Saray was sent to the Phnom Penh Municipal Court of First Instance after being detained overnight at the Phnom Penh Police Commissariat.
On April 7, 2024, an investigating judge at Phnom Penh Municipal Court of First Instance remanded Koet Saray to pretrial detention at Phnom Penh’s Correctional Centre 1 (CC1) on charges of “committing a misdemeanour after being sentenced for another misdemeanour” and “incitement to commit a felony” under Articles 88, 494, and 495 of the Criminal Code of Cambodia, after being interrogated by the Phnom Penh Municipal prosecutor. At the time of publication of this Urgent Appeal, Koet Saray remained arbitrarily detained in CC1. If convicted, he could face between six months and two years in prison.
The charges against Koet Saray relate to a decade-long land dispute in Preah Vihear Province, where around 300 families in several villages were evicted from their homes in Kuleaen District to make way for a rubber plantation on a land concession given by the government to Phnom Penh-based Seila Damex Co., Ltd. On March 21, 2024, Koet Saray visited a group of the evicted villagers who were hiding in the nearby forest area, and spoke to reporters about their plight.
The Observatory recalls that Koet Saray was previously arbitrarily arrested on September 6, 2020, in connection with his participation in a peaceful gathering calling for the release of then-imprisoned union leader Rong Chhun at Phnom Penh’s Freedom Park. He was charged with “incitement to commit a felony or cause social unrest”, and sentenced in October 2021 to 20 months in prison, with six months of his sentence suspended for a period of two years, and fined with two million riel (approximately 420 Euros) and placed under pre-trial detention in CC1. He was released on November 5, 2021.
The Observatory strongly condemns the arbitrary detention of Koet Saray, which seems to be only aimed at punishing him for his peaceful and legitimate human rights activities. The Observatory urges the Cambodian authorities to immediately and unconditionally release him and to put an end to all acts of harassment, including at the judicial level, against him and all other human rights defenders in the country.
The Observatory also urges the Cambodian authorities to guarantee in all circumstances the right to freedom of expression, as enshrined in international human rights law and particularly in Article 19 of the International Covenant on Civil and Political Rights, to which Cambodia is a state party.
Actions requested:
Please write to the authorities of Cambodia to urge them to:
– Guarantee in all circumstances the physical integrity and psychological well-being of Koet Saray and all other human rights defenders in Cambodia;
– Immediately and unconditionally release Koet Saray, since his detention is arbitrary as it seems to be only aimed at punishing him for his peaceful and legitimate human rights activities;
– Put an end to all acts of harassment - including at the judicial level - against Koet Saray and all other human rights defenders in Cambodia, and ensure that they are able to carry out their legitimate activities in all circumstances without any hindrance and fear of reprisals;
– Guarantee in all circumstances the right to freedom of expression, as enshrined in international human rights law and particularly in Article 19 of the International Covenant on Civil and Political Rights, to which Cambodia is a state party.
Addresses:
• Mr. Hun Manet, Prime Minister of the Kingdom of Cambodia. Email: leewood_phu@nida.gov.kh / cppparty@gmail.com
• Mr. Sar Sokha, Minister of Interior and Deputy Prime Minister of the Kingdom of Cambodia. Email: moi@cambodia.gov.kh
• Mr. Koeut Rith, Minister of Justice of the Kingdom of Cambodia. Email: moj@cambodia.gov.kh
• Mr. Sok Chenda Sophea, Minister of Foreign Affairs of the Kingdom of Cambodia. Email: mfaic@mfa.gov.kh / mfaicasean@mfaic.gov.kh
• Mr. Ly Chantola, President of the Cambodian Bar Association. Email: info@bakc.org.kh
• Ambassador Mr. Ney Samol, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, Switzerland. Email: camemb.gva@mfa.gov.kh
Please also write to the diplomatic representations of Cambodia in your respective countries.
***
Paris-Geneva, April 12, 2024
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.
To contact the Observatory, call the emergency line:
• E-mail: alert@observatoryfordefenders.org
• Tel FIDH: + 33 (0) 1 43 55 25 18
• Tel OMCT: + 41 22 809 49 39