Continued judicial harassment faced by Messrs. Vorn Pao, Theng Savoeun, Chan Puthisak and Sokun Sambath Piseth

Judicialharassment /

Obstacles tofreedom of peaceful assembly

Cambodia

February 9,2016

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), requests your urgent intervention in the followingsituation in Cambodia.

Descriptionof the situation:

TheObservatory has been informed by reliable sources about the continued judicialharassment faced by Messrs. Vorn Pao, President of the IndependentDemocracy of Informal Economy Association (IDEA)[1],Theng Savoeun, SecretariatCoordinator of the Coalition of Cambodian Farmer Community (CCFC), ChanPuthisak, a human rights defender from the Boeung Kak Lake community, and SokunSambath Piseth, former staff member at the Center for Labor Rights ofCambodia (CLaRi).

According tothe information received, on January 5, 2016, the Phnom Penh’s Court of Appealset the date of January 26 for the appeal trial against the fourabove-mentioned human rights defenders. On the same day, Prime Minister Hun Senpublicly threatened Mr. Vorn Pao with legal action during a speech for theinauguration of the Pram Makara overpass in Phnom Penh.

Theappeal trial date was set two days after the four defenders participated in apeaceful memorial ceremony to mark the second anniversary of the January 2-3,2014 violent crackdown on striking workers and the death of several peopleduring the events (see background information). This ceremony was dispersed by police and securityforces.

Messrs. VornPao, Theng Savoeun, Chan Puthisak and Sokun Sambath Piseth have been prosecutedfor their involvement in organising and leading the January 2-3, 2014 protests.

All fourhave appealed a conviction dating back to May 30, 2014. On that date, the PhnomPenh Municipal Court sentenced the four men to suspended sentences ranging fromfour to four and a half years of imprisonment[2] on charges of“intentional violence with aggravating circumstances” under Article 218 of theCriminal Code[3].They had also been fined eight million riels (approx. 1,840 Euros)[4].

On January26, 2016, the appeal trial against Messrs. Vorn Pao, Theng Savoeun, ChanPuthisak, and Sokun Sambath Piseth - which was due to take place at the Phnom Penh’s Court of Appeals - was postponed to anunknown date, at the request of some of the accused[5].

TheObservatory strongly condemns the ongoing judicial harassment against Messrs.Vorn Pao, Theng Savoeun, Chan Puthisak and Sokun Sambath Piseth, which onlyaims at sanctioning their legitimate human rights activities, and calls uponthe Cambodian authorities to put an immediate end to it.

Backgroundinformation:

During theJanuary 2014 crackdown, government security forces arrested 23 protesters,including striking garment workers and human rights defenders, at two separatelocations in Phnom Penh. Among those detained were Messrs. Vorn Pao[6],Theng Savoeun, Chan Puthisak and Sokun Sambath Piseth. The 23 men were heldincommunicado by the authorities for five days, without access to lawyers,medical care or families, and 21 of the 23 were repeatedly denied bail. It wasonly on January 7, 2014 that the authorities finally revealed that Messrs. VornPao, Theng Savoeun, Chan Puthisak and Sokun Sambath Piseth, among others, werebeing held at Correctional Center 3 in Kampong Cham Province. They were allreleased on May 30, 2014.

On April 25,2014, the first hearing of the trial against the 23 men arrested, includingMessrs. Vorn Pao, Theng Savoeun, Chan Puthisak, and Sokun Sambath Piseth,commenced at the Phnom Penh Municipal Court. Four more hearings took place fromMay 22 to 30, 2014, when the Phnom Penh Municipal Court sentenced the 23 toprison terms ranging from one and four and a half years in connection with theJanuary 2014 crackdown[7].

Actionsrequested:

Please writeto the authorities of Cambodia asking them to:

i. Guaranteein all circumstances the physical and psychological integrity of Messrs. VornPao, Theng Savoeun, Chan Puthisak and Sokun Sambath Piseth, as well as of allhuman rights defenders in Cambodia;

ii. Put anend to all forms of harassment, including at the judicial level, againstMessrs. Vorn Pao, Theng Savoeun, Chan Puthisak, and Sokun Sambath Piseth, aswell as against all human rights defenders in the country so that they are ableto carry out their work without hindrance;

iii. 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:

- Article 1, which states that “everyone has the right,individually or collectively, to promote the protection and fulfilment of humanrights and fundamental freedoms at the national and international levels”,

- Article 5(a), whichstipulates that everyone has the right “to meet or assemble peacefully”,

- Article 12.1, whichprovides that “everyone has the right, individually and in association withothers, to participate in peaceful activities against violations of humanrights and fundamental freedoms.”

-Article 12.2, which says that “the State shall take all necessary measures toensure the protection by the competent authorities of everyone, individually orin association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration”;

iv.Guarantee the respect of human rights and fundamental freedoms in accordancewith the Universal Declaration on Human Rights and other international humanrights instruments signed or ratified by Cambodia.

Addresses:

· Mr. Hun Sen, Prime Minister, Office of the Prime Minister, 41Russian Federation Blvd, Phnom Penh, Cambodia. Fax: +855 23 360666 / +85523 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 NorodomBlvd, Phnom Penh, Cambodia. Fax: +855 23 212708

· Mr. Ang Vong Vathna, Minister of Justice, Ministry of Justice, 240Sothearos Blvd, Phnom Penh, Cambodia. Fax: +855 23 364 119

· Mr. Hor Nam Hong, Minister of Foreign Affairs, Ministry of ForeignAffairs, 161 Preah Sisowath Quay, Phnom Penh, Cambodia. Fax: +855 23 216144 /+855 23 216141 Email: mfaic@mfa.gov.kh

· Mr. MakSambath, President of the Cambodian Human Rights Committee, Office of the PrimeMinister, Phnom Penh, Cambodia, Fax: +855 12 813781 / +855 23 211162 / +855 23881045 (c/o Council of Ministers)

· Mr. SokAn, Deputy Prime Minister, Fax: +855 23 882065, Email: leewood_phu@nida.gov.kh, info@pressocm.gov.kh

· AmbassadorMr. Ney Samol, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, Chemin de Taverney 3, Casepostale 213, 1218 Grand-Saconnex, Switzerland, Fax: +41 22 788 77 74, Email: camemb.gva@mfa.gov.kh / cambodge@bluewin.ch

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

[1] IDEA is a labour group that unitesaround 4900 workers in Cambodia. The organisation is located in Phnom Penh andworks in protecting the rights of informal workers such as street vendors,domestic workers and Tuk Tuk drivers.

[2] Messrs. VornPao, Chan Puthisak and Sokun Sambath Piseth were sentenced to four and a halfyears and Mr. Theng Savoeun to four years.

[3] The charges of the four men werechanged at the last minute as they were initially charged with “intentionaldamage with aggravating circumstances” under Article 414 of the CriminalCode.

[4] In addition, on January 27, 2016, 13other activists appeared before the Phnom Penh’s Court of Appeals. The appeal'sverdict was issued on February 4, 2016, upholding the convictions of the 13.

[5] On January 26, four other strikingworkers were also due to appear alongside Messrs. Vorn Pao, Theng Savoeun, ChanPuthisak, Sokun Sambath Piseth. A total of 10 individuals had been sentenced infirst instance by the Phnom Penh Municipal Tribunal in that case, but onlyeight of them had decided to appeal their sentencing.

[6] Before being arrested, Mr. Vorn Paowas severely beaten up by the military in the streets.

[7]The convictions follow a trial process that was characterised by a totalabsence of fair trial standards. The judges failed to act with impartiality,often favouring the prosecution in the admission of evidence and the permissionto cross-examine witnesses; there was also little evidence of the presumptionof innocence or of the prosecution’s burden to prove guilt beyond reasonabledoubt, as the judges and prosecutors focused mainly on the defendants’ presenceat the protests and possible inconsistency of testimony rather than on findingevidence that would link them to the charges.