KHM 001 / 0616 / OBS 047.1

Judicial harassment /

Arbitrary detention

Cambodia

November 7, 2016

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

New information:

The Observatory has been informed by reliablesources about the ongoing judicial harassment and arbitrary detention of Mr. NyChakrya, former Head of the Human Rights and Monitoring Section of theCambodian Human Rights and Development Association (ADHOC) and now DeputySecretary-General of the National Election Committee (NEC), as well as of fourADHOC staff members, Messrs. Ny Sokha,Yi Soksan, Nay Vanda, and Ms. Lim Mony.

According to theinformation received, on October 28, 2016, the Phnom Penh Municipal Courtdenied bail to Messrs. Ny Chakrya, Ny Sokha, Yi Soksan, Nay Vanda, and Ms. LimMony and extended their pre-trial detention for up to six more months on thepretext that the five defendants needed to remain at hand for any furtherinterrogation and court procedures.

The Observatory considersthat the court’s refusal to release the five detained human rightsdefenders on bail is a significant obstacle to the exercise of their basicrights, including the fundamental right to liberty and the right toa fair trial.

The Observatory recalls that the five human rightsdefenders have been arbitrarily detained since May 2, 2016, on charges of “briberyof a witness” (Article 548 of the Criminal Code) for Messrs.Ny Sokha, Nay Vanda, Yi Soksan and Ms. Lim Mony, and beingan “accomplice to bribery of a witness” (Articles 29 and 548 of theCriminal Code) for Mr. Ny Chakrya, for providing legal and material assistanceto a client. If convicted, the five could face from five to ten years inprison.

The Observatory furtherrecalls that on September 22, 2016, the Phnom Penh Municipal Court sentencedMr. Ny Chakrya to six months inprison and a six-million-Riel (about 1,310 Euros) fine in relation to anothercriminal case[1]. Mr. Ny Chakrya filed an appeal against hisconviction.

The Observatory strongly condemns the ongoingarbitrary detention of Messrs. Ny Chakrya, Ny Sokha, Yi Soksan, Nay Vanda, andMs. Lim Mony, which only aims at sanctioning their legitimate human rightsactivities, and calls upon the Cambodian authorities to immediately andunconditionally release the five human rights defenders.

Until theirunconditional release, the Observatory further urges the Cambodian authoritiesto ensure that all judicial proceedings against them are carried out in fullcompliance with their right to a fair trial, as protected under internationallaw.

Backgroundinformation:

On April 27 and 28, 2016, five staff membersof ADHOC - Mr. Ny Sokha (Head of the Human Rights Section), Mr. Nay Vanda(Deputy Head of the Human Rights Section), Mr. Yi Soksan (SeniorInvestigator of the Land and Natural Resources Section), Mr. Try Chhuon(lawyer), and Ms. Lim Mony (Senior Investigator of the Women’sRights Section) - as well as Mr. Ny Chakrya were brought in forquestioning by the Anti-Corruption Unit (ACU). UNOHCHR official Soen Sally, who was also summoned, didnot appear before the ACU due to his immunity as a UN staff member.

On May 2, 2016, following five to sixdays of questioning by the ACU and then by the Prosecutor, Messrs.Ny Sokha, Nay Vanda, Yi Soksan, and Ms. Lim Mony werecharged with “bribery of a witness” under Article 548 of the CriminalCode and detained. In addition, Messrs. Ny Chakrya and SoenSally were charged as “accomplices to bribery of a witness” (Articles29 and 548 of the Criminal Code). Mr. Ny Chakrya was also detained.

The charges were related toa complaint signed by Ms. Khom Chandaraty (also known as Ms.Srey Mom), which was lodged following her questioning in March 2016by anti-terrorism police and a prosecutor about an alleged affair withdeputy opposition leader Mr. Khem Sokha, after ADHOC responded to Ms.Srey Mom’s request for legal and material assistance - a US$204allowance to cover food and transport costs. This legitimate support,aimed at covering the basic expenses of a client, was construed by the ACUas bribery and corruption.

On June 13, 2016, the Court of Appeals in PhnomPenh denied bail to Messrs. Ny Chakrya, Ny Sokha, Nay Vanda, Yi Soksan,and Ms. Lim Mony.

Messrs. Ny Sokha, Nay Vanda, and Yi Soksanremain detained in Prey Sar’s Correctional Center 1 (‘CC1’), while Ms. LimMony is detained in Prey Sar’s Correctional Center 2 (‘CC2’). Mr. NyChakrya is detained in Police Judiciare (PJ) prison. All three jails arelocated in Phnom Penh. All of the detainees are being heldalongside convicted criminals, contrary to Article 10(2)(a) of the International Covenant on Civil andPolitical Rights, and Article 26 of Cambodia’s Law on Prisons.

Actions requested:

Please write to the authorities of the Kingdom ofCambodia asking them to:

i. Put an end to all forms of harassment, includingat the judicial level, against Messrs. Ny Chakrya, Ny Sokha, Yi Soksan, NayVanda, and Ms. Lim Mony and all human rights defenders in the country so that they are able tocarry out their work without hindrance;

ii. Guarantee in all circumstances their physicaland psychological integrity as well as of all human rights defenders inCambodia;

iii. Immediatelyand unconditionally release Messrs.Ny Chakrya, Ny Sokha, Yi Soksan, Nay Vanda, and Ms. Lim Mony as their detentionis arbitrary since it only aims at sanctioning their human rights activities;

iv. Comply with all the provisions of the UNDeclaration on Human Rights Defenders, adopted by the United Nations GeneralAssembly on December 9, 1998, in particular with its Articles 1, 5(b) and 12.2;

v. Guarantee the respect of human rights andfundamental freedoms in accordance with the Universal Declaration on HumanRights and other international human rights instruments signed or ratified bythe Kingdom of Cambodia.

Addresses:

• Mr. HunSen, Prime Minister, Office of the Prime Minister, Kingdom of 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 ofCambodia. Fax: + 855 23 212708

• Mr. Ang Vong Vathna, Minister of Justice, Ministryof Justice, Kingdom of Cambodia. Fax: + 855 23 364 119

• Mr. PrakSokhon, Minister of Foreign Affairs, Kingdom of Cambodia. Fax: + 855 23 216 144/ 855 23 216 141 Email: mfaic@mfa.gov.kh

• Mr. SokAn, Deputy Prime Minister of the Kingdom of Cambodia, 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 UnitedNations in Geneva, Switzerland, Fax: + 41 22 788 77 74, Email: camemb.gva@mfa.gov.kh

Please also write to the diplomatic representationsof Cambodia in your respective countries.

***

Geneva-Paris, November 7, 2016

Kindly inform us of any action undertaken quotingthe code of this appeal in your reply.

The Observatory for the Protection ofHuman Rights Defenders (the Observatory) was created in 1997 by FIDH andOMCT. The objective of this programme is to prevent or remedy situationsof repression against human rights defenders. FIDH and OMCT areboth members of ProtectDefenders.eu,the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

To contact the Observatory, call the emergencyline:

· E-mail: Appeals[at]fidh-omct.org

· Tel andfax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 5518 80

[1] SeeObservatory’s Press Release, September 23, 2016.