#FreeThe5KH, arbitrarily detained for one year

Paris-Geneva, April 28, 2017 - The arbitrary pre-trial detention of five human rights defenders forone year marks a new low for the Cambodian Government, the Observatory for theProtection of Human Rights Defenders (an FIDH-OMCT partnership) said today.

Today marks one year sincefour staff members of the Cambodian Human Rights and Development Association(ADHOC), Messrs. Ny Sokha, Yi Soksan, Nay Vanda,and Ms. Lim Mony, and former ADHOC senior staff member Mr. Ny Chakryawere detained on trumped-up charges. The Observatory reiterates its callfor their immediate and unconditional release.

“The authorities’ treatmentof the five human rights defenders as if they weredangerous criminals shows the extent to which Cambodia’s judiciary is in PrimeMinister Hun Sen’s pocket. The international community must band together anddemand the Cambodian Government immediately end the crackdown on its criticsand civil society and #FreeThe5KH,” said FIDH President Dimitris Christopoulos.

On April 27, 2017, the Phnom Penh Municipal Court’sInvestigating Judge Theam Chanpiseth extended the detention of Messrs. NySokha, Yi Soksan, Nay Vanda, Ny Chakrya, and Ms. Lim Mony for another six-monthperiod. The Observatory condemns the court’s decision as the latest act ofjudicial harassment against the five. Article 208 of Cambodia’s CriminalProcedure Code allows for up to 18 months in pre-trial detention.

“The one-year longpre-trial detention on fabricated charges of Ny Sokha, Yi Soksan, Nay Vanda, NyChakrya and Lim Mony is outrageous and bears all the hallmarks ofpolitically-motivated harassment of human rights defenders in Cambodia. It clearly illustrates the Government’sdeliberate efforts to suppress any human rights work and dissenting voices inthe country,” said OMCT Secretary General Gerald Staberock.

On April 26, 2017, #FreeThe5KH were named finalists for the 2017 Martin Ennals Award for Human Rights Defenders as arecognition of their human rights work and reprisals they face because of theirlegitimate activities.

The Observatoryrecalls that their ongoing arbitrary detention is a blatant breach of Cambodia’s international human rights obligations.

On November 21, 2016, the United Nations Working Groupon Arbitrary Detention (WGAD) declared that the detention of Messrs. Ny Sokha,Yi Soksan, Nay Vanda, Ny Chakrya, and Ms. Lim Mony was arbitrary. The WGAD saidtheir deprivation of liberty was in contravention of Articles 7, 9, 10, 11, and20 of the Universal Declaration of Human Rights (UDHR) and Articles 9, 10, 14,22, and 26 of the International Covenant on Civil and Political Rights (ICCPR),to which Cambodia is a State party. The WGAD called on the Cambodianauthorities to immediately release the five human rights defenders and awardthem appropriate compensation.

Background information:

On April 27 and 28, 2016, Messrs. Ny Sokha, Yi Soksan,Nay Vanda, Try Chhuon, Ny Chakrya and Ms. Lim Mony were brought in forquestioning by the Anti-Corruption Unit (ACU). Office of the UN HighCommissioner for Human Rights (OHCHR) official Mr. Soen Sally, who was also summoned, did not appear before the ACUdue to his immunity as a UN staff member.

On May 2, 2016, Messrs. Ny Sokha, Yi Soksan, NayVanda, and Ms. Lim Mony were charged with “bribery of a witness” under Article548 of the Criminal Code and detained. In addition, Messrs. Ny Chakrya and SoenSally were charged with being “accomplices to bribery of a witness” (Articles29 and 548 of the Criminal Code). Mr. Ny Chakrya was also detained.

In March 2016, Ms. Khom Chandaraty (aka Srey Mom) hadrequested the assistance of ADHOC, one ofCambodia's leading human rights NGOs and FIDH member organisation, in connection with her interrogation byanti-terrorism police and a prosecutor about an alleged affair with deputyopposition leader Mr. Khem Sokha. ADHOC responded to Ms. Srey Mom’s request forlegal and material assistance and provided a US$204 allowance to cover her foodand transportation costs. This legitimate support, aimed at covering the basicexpenses of a client, was subsequently construed by the ACU as bribery andcorruption.

On June 13 and September 28, 2016 respectively, theCourt of Appeal in Phnom Penh and then the Phnom Penh Municipal Court deniedbail to the five defenders.

On October 27, 2016, the Phnom Penh Municipal Courtextended the detention of the five for up to another six months under thepretext that the defendants needed to remain available for any furtherinterrogation and court procedures.

On November 11, 2016, the five defenders were deniedbail for the second time by the Court of Appeal.

On November 28, 2016, the Court of Appeal upheld theextension of the pre-trial detention for another six months and refused toclose the investigation. It argued that the issues of the extension of thedetention and the continuation of the investigation were up to the discretionof the Investigating Judge of the Phnom Penh Municipal Court.

On November 30, 2016, the Supreme Court upheld theJune 13, 2016 decision by the Court of Appeal to refuse to release the five onbail. The Court based its decision on Article 205 of the Criminal ProcedureCode, therefore upholding the continued applicability of both detentiongrounds, i.e. to maintain public order and to prevent collusion withaccomplices, victims, and witnesses.

On February 27, 2017, the Supreme Court decided tosever the appeal of Mr. Ny Chakrya from that of the other four defenders. OnMarch 13 and March 31, 2017 respectively, the Supreme Court upheld the November28, 2016 decision by the Court of Appeal to extend the pre-trial detention ofMessrs. Ny Sokha, Yi Soksan, Nay Vanda, and Ms. Lim Mony on the one hand and ofMr. Ny Chakrya on the other hand for up to another six months.

Messrs. Ny Sokha, Yi Soksan, and Nay Vanda remain indetention in Prey Sar’s Correctional Centre 1 (‘CC1’), while Ms. Lim Mony isdetained in Prey Sar’s Correctional Centre 2 (‘CC2’). Mr. Ny Chakrya isdetained in Police Judiciaire (PJ) prison. All three jails are located in PhnomPenh. All of the detainees are being held alongside convicted criminals,contrary to Article 10(2)(a) of the ICCPR and Article 26 of Cambodia’s Law on Prisons.

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by FIDH and the World Organisation Against Torture (OMCT). Theobjective of this programme is to intervene to prevent or remedy situations ofrepression against human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu,the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

Formore information, please contact:

· FIDH: Audrey Couprie/Samuel Hanryon:+33143551412

· OMCT: Delphine Reculeau: +41228094939