CSOs call on Appeal Court to overturn the unjust conviction of Tep Vanny and to #FreeTepVanny

Phnom Penh, 26 July 2017 - We, theundersigned, call on the Court of Appeal to overturn the unjust conviction ofMs. Tep Vanny on charges ofintentional violence with aggravating circumstances based on her peacefulactivism at a 2013 protest, for which she received a draconian sentence of twoyears and six months’ imprisonment on 23 February 2017. The Court of Appealwill hear Ms. Tep Vanny’s appeal against conviction tomorrow, 27 July 2017. On15 August 2017, Ms. Tep Vanny will have spent one year in detention; herimprisonment is a clear attempt to silence one of Cambodia’s most fearless andoutspoken defenders of human rights ahead of the national elections in July2018.

Tomorrow’sappeal is one of three previously dormant years-old cases punitivelyreactivated against Ms. Tep Vanny. In August 2016 the prosecutor of the PhnomPenh Municipal Court reactivated the long-dormant charges of intentionalviolence with aggravating circumstances against Ms. Tep Vanny while she was inpre-trial detention prior to her spurious conviction on other charges fortaking part in a “Black Monday” protest to call for the release of the “Freethe5KH”detainees,[1] whowere being held in arbitrary pre-trial detention at the time.[2] Thecase under appeal dates back to Ms. Tep Vanny’s participation in a 2013peaceful protest in front of Prime Minister Hun Sen’s house, during which agroup of Boeung Kak Lake activists called for the release of a detained fellowcommunity member. This protest had ended in violence against protesters at thehands of Daun Penh security guards, in which Ms. Tep Vanny herself wasinjured. On 23 February 2017, Ms. Tep Vanny was convicted on thesecharges and sentenced to 30 months in prison and a fine of five million riel(about US$1,250), as well as being ordered to pay compensation totaling ninemillion riel (about US$2,250) to the plaintiffs, two Daun Penh security guards.

Ms. TepVanny’s trial did not comply with international standards for fair trial rights:no credible evidence was presented to justify the charges against her andneither the plaintiffs nor any prosecution witnesses gave live testimony ateither of the two hearings; instead only written statements were provided,preventing cross-examination. Community members outside the court facedunprovoked violence from para-police and, following delivery of the verdict,riot police entered the court room and physically restrained a number ofdefense witnesses.[3]

There-opening of these charges appears to be a politically motivated attempt torestrict and punish Ms. Tep Vanny’s work as a land activist and human rightsdefender, as part of the Cambodian authorities’ ongoing crackdown on dissentingvoices. Peaceful assembly and free expression are not crimes, and human rightsdefenders should not be penalized for peacefully exercising their fundamentalfreedoms. We call on the Court of Appeal to exercise its independence andrectify the injustice of Ms. Tep Vanny’s flawed trial by overturning herconviction and sentence. We call on the Cambodian authorities to cease theirjudicial harassment of Ms. Tep Vanny, as well as other Boeung Kak Lakeactivists, and to release her from prison.

This joint statement is endorsed by:

1. Amnesty International

2. Boeung Kak Community

3. Boeung Trabek Community

4. Cambodian Center for Human Rights (CCHR)

5. Cambodian Human Rights and DevelopmentAssociation (ADHOC)

6. Cambodian Independent Teacher Association(CITA)

7. Cambodian Indigenous Youth Association (CIYA)

8. Cambodian League for the Promotion and Defenseof Human Rights

9. Cambodian Youth Network

10. Coalition for Integrity & SocialAccountability

11. Community Legal Education Center

12. Equitable Cambodia (EC)

13. FIDH, in the framework of the Observatory forthe Protection of Human Rights Defenders

14. Forum Asia

15. Human Rights Watch​​ (HRW)

16. Indigenous Youth at Prome Community, PreahVihear Province

17. Indradevi Association (IDA)

18. Land Community, I Village Preah Sihanoukprovince

19. Land Community, Prek Chik Village, Koh Kong

20. Land Conflict Community, Skun Village, SiemReap province

21. Lor Peang Community, Kampong Chhnang Province

22. Ponlok Khmer

23. Progressive Voice (Myanmar)

24. Railway Station, Tuol Sangkae A Community

25. SOS International Airport Community

26. The Alliance for Conflict Transformation

27. World Organisation Against Torture (OMCT), inthe framework of the Observatory for the Protection of Human Rights Defenders

[1] See JointStatement, “Civil Society Calls for Immediate Release of Boeung Kak LakeActivists” (18 August 2016) http://bit.ly/2vQD6PM.

[2] Four staffmembers of the Cambodian Human Rights and Development Association (“ADHOC”),Lim Mony, Ny Sokha, Yi Soksan and Nay Vanda, as well as Deputy SecretaryGeneral of the National Election Committee (and former ADHOC staff member) NyChakrya. All five human rights defenders were released on bail on 29 June 2017.See https://freethe5kh.net/campaign-updates/

[3] See JointStatement: Tep Vanny Convicted Again as Para-Police Attack Supporters (23 February2017) http://bit.ly/2kSiJ40