Appeals Court Denies Bail for ADHOC and NEC Staffers Ny Sokha, Nay Vanda, Yi Soksan, Lim Mony and Ny Chakrya

KHM 001 /0616/ OBS 047

Judicialharassment /

Arbitrarydetention / Obstacles

to freedomof peaceful assembly

Cambodia

June 14,2016

TheObservatory for the Protection of Human Rights Defenders, a joint partnershipof the World Organisation Against Torture (OMCT) and FIDH, has received newinformation and requests your urgent intervention in the following situation inCambodia.

Newinformation:

TheObservatory has been informed by reliable sources about the continuousjudicial harassment and arbitrarydetention of Messrs. Ny Sokha, Nay Vanda, Yi Soksan, and Ms. LimMony, four staffmembers of the Cambodian Human Rights and Development Association (ADHOC), as well as Mr. NyChakrya, Deputy Secretary General of the National Election Committee (NEC)and former Head of ADHOC’s human rights section.

According tothe information received, on June 13, 2016, in an hearing presided by Judge KhunLeang Meng, Cambodia’s Court of Appeals in Phnom Penh denied bail to Messrs. Ny Sokha, Nay Vanda,Yi Soksan, Ny Chakrya and Ms. Lim Mony.

Messrs. Ny Sokha, Nay Vanda,Yi Soksan, Ny Chakrya and Ms. Lim Mony have been arbitrarilydetained since May 2, 2016, under bribery charges for providing legal andmaterial assistance to a client (see background information). If convicted, the fivehuman rights defenders face from five to ten years’ imprisonment.

Moreover, police interrupted thepeaceful protests of about 40 activists who had gathered outside the Court ofAppeals in order to call for the release of the five defenders. Ms. Sor Sorn, an activist from BoreiKeila community, was arrested outside the court and briefly detained at PhnomPenh’s Daun Penh police station.

TheObservatory strongly condemns the ongoing arbitrary detention of Messrs. Ny Sokha, Nay Vanda, Yi Soksan,Ny Chakrya, and Ms. Lim Mony, which onlyaims at sanctioning their legitimate human rights activities, and calls uponthe Cambodian to immediately and unconditionallyrelease them and drop all charges against them.

Backgroundinformation[1]:

On April 27and 28, 2016, the five staff members of ADHOC - Mr. Ny Sokha (Head of the HumanRights Section), Mr. Nay Vanda (Deputy Head of the Human Rights Section), Mr.Yi Soksan (Senior Investigator of the Land and Natural Resources Section), Mr.Try Chhuon (lawyer) and Ms. Lim Mony (Senior Investigator of the Women's RightsSection) - as well as Mr. Ny Chakrya (Deputy Secretary General of the NECand former Head of ADHOC’s human rights section) were brought for questioningby the Anti-Corruption Unit (ACU). UNOHCHR official Soen Sally, who was also summoned, did not appear before the ACUdue to his immunity as a UN staff member.

OnMay 2, 2016, following five to six days of questioning firstly bythe ACU and then by the Prosecutor, Messrs. NySokha, Nay Vanda, Yi Soksan, and Ms. Lim Mony were charged with “bribery ofa witness” under Article 548 of the Criminal Code and detained in CC1 andCC2 prisons in Phnom Penh. In addition, Messrs. Ny Chakrya and Soen Sally were charged as “accomplices to briberyof a witness” (Criminal Code Articles 29 & 548). Mr. Ny Chakryawas detained in Police Judiciare (PJ) prison.

The charges are related to acomplaint signed by Ms. Khom Chandaraty, also known as Ms. SreyMom. The complaint was lodged following her questioning in March 2016 byanti-terrorism police and a prosecutor about an alleged affair with deputyopposition leader Khem Sokha, after ADHOC responded to Srey Mom’s request forlegal and material assistance - a US$204 allowance to cover food and transport costs. Thislegitimate support was aimed at covering the basic expenses of a client wasconstrued by the ACU as bribery and corruption.

OnMay 9, 2016, twohuman rights workers, four land rights activists and two international rightsworkers were arrested in Phnom Penh as they attempted to make their way to ademonstration organised to denounce the arbitrary detention of the fivedefenders. All were released in the evening of the same day[2].

Similarly,on May 16 and June 6, 2016 respectively, five and seven women activists werebriefly arrested on the occasion of “Black Monday” protests to call for the release of thefive defenders. They were all released later in the day, after they signed apledge to stay out of future Black Monday protests.

Actionsrequested:

Please writeto the authorities of Cambodia asking them to:

i. Guaranteein all circumstances the physical and psychological integrity of Messrs. Ny Sokha, Nay Vanda, Yi Soksan,Ny Chakrya, and Ms. Lim Mony as well asof all human rights defenders in Cambodia;

ii. Immediately and unconditionally release of Messrs. Ny Sokha, Nay Vanda, Yi Soksan,Ny Chakrya, and Ms. Lim Monyas their detention is arbitrary since it only aims at sanctioning their humanrights activities;

iii. Put an end to all formsof harassment, including at the judicial level, against Messrs. Ny Sokha, Nay Vanda,Yi Soksan, Ny Chakrya, Soen Sally, and Ms. Lim Mony as well asagainst all human rights defenders in the country so thatthey are able to carry out their work without hindrance;

iv. Complywith all the provisions of the United Nations Declaration on Human RightsDefenders, adopted by the UN General Assembly on December 9, 1998, inparticular with its Articles 1, 5(a), 12.1 and 12.2;

v. Guaranteethe respect of human rights and fundamental freedoms in accordance with theUniversal Declaration on Human Rights and other international human rightsinstruments signed or ratified by the Kingdom of Cambodia.

Addresses:

· Mr. Hun Sen, Prime Minister, Office of the Prime Minister, Kingdomof 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, Kingdom of Cambodia. Fax: + 855 23212708

· Mr. Ang Vong Vathna, Minister of Justice, Ministry of Justice, Kingdomof Cambodia. Fax: + 855 23 364 119

· Mr. Prak Sokhon, Minister ofForeign Affairs, Kingdom of Cambodia. Fax: + 855 23 216 144 / 855 23 216 141Email: mfaic@mfa.gov.kh

· Mr. Sok An, Deputy Prime Minister of the Kingdom ofCambodia, Fax: +855 23 882 065, Email: leewood_phu@nida.gov.kh / info@pressocm.gov.kh

· Mr.Keo Remy, President of the Cambodian Human RightsCommittee, Office of the Prime Minister, Kingdom of Cambodia, Fax: +855 12 8137 81 / +855 23 21 11 62 or +855 23 88 10 45 (c/o Council of Ministers)

· Mr. Bun Hun, President of the Cambodian BarAssociation, Fax: +855 23 864 076, Email: info@bakc.org.kh

· AmbassadorMr. Ney Samol, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, Switzerland, Fax: + 41 22 78877 74, Email: camemb.gva@mfa.gov.kh

Please alsowrite to the diplomatic representations of Cambodia in your respectivecountries.

[1] See Joint Public Statement, May 2, 2016.

[2] For moreinformation, see Observatory Press Release, May 9,2016.