Cambodia
18.11.24
Urgent Interventions

Cambodia: Koet Saray sentenced to four years in prison

© Ratana Anthony / Unsplash

URGENT APPEAL - THE OBSERVATORY

    New information
    KHM 001 / 0424 / OBS 014.1
    Conviction and sentencing /
    Arbitrary detention /
    Judicial harassment
    Cambodia
    November 18, 2024

    The Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Cambodia.

    New information:

    The Observatory has been informed about the conviction and sentencing 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 November 6, 2024, the Phnom Penh Capital Court convicted Koet Saray of “incitement to commit a felony” and “committing a misdemeanour after sentencing for a misdemeanour” under Articles 494, 495, and 88 of Cambodia’s Criminal Code. He was subsequently sentenced to four years in prison and fined two million riel (approximately 420 Euro).

    The conviction of Koet Saray relates to a decade-long land dispute in Preah Vihear Province, where approximately 300 families were evicted from their homes in Kuleaen District to make way for a rubber plantation on a government-granted land concession to Seladamex Co., Ltd, a Phnom Penh-based company. On March 21, 2024, Koet Saray visited a group of these evicted villagers who were hiding in a nearby forest area, and spoke to reporters about their situation.

    The Observatory recalls that on April 5, 2024, Koet Saray was arrested following an order issued on the same day by the Office of the Prosecutor at Phnom Penh Capital Court. He was charged with “incitement to cause serious chaos to social security”. On April 7, 2024, an investigating judge at Phnom Penh Capital Court remanded him to pretrial detention at Phnom Penh’s Correctional Centre 1 (CC1) on charges of “committing a misdemeanour after sentencing for another misdemeanour” and “incitement to commit a felony”, following an order issued by the Deputy Prosecutor of the Phnom Penh Capital Court. At the time of publication of this urgent appeal, Koet Saray was still arbitrarily detained at CC1.

    The Observatory further recalls that Koet Saray was previously arbitrarily arrested on September 6, 2020, in connection with his participation in a peaceful gathering at Phnom Penh’s Freedom Park calling for the release of then-imprisoned union leader Rong Chhun. 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. He was additionally fined two million riel (approximately 420 Euro) and placed under pre-trial detention in CC1. He was released on November 5, 2021.

    The Observatory strongly condemns the convictions, prison sentences, and arbitrary detention of Koet Saray. 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 further 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 required:

    Please write to the authorities of Cambodia to urge them to:

    1. Guarantee in all circumstances the physical integrity and psychological well-being of Koet Saray and all other human rights defenders in Cambodia;
    2. Immediately and unconditionally release Koet Saray, whose detention appears to be solely aimed at punishing him for his legitimate human rights activities, and all other arbitrarily detained human rights defenders in Cambodia;
    3. 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.
    4. 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. Dara In, 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, November 18, 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