Ny Chakrya’s unjust conviction must be overturned

(c) ADHOC

@font-face { font-family: "Arial";}@font-face { font-family: "Cambria Math";}p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoFootnoteText, li.MsoFootnoteText, div.MsoFootnoteText { margin: 0cm 0cm 0.0001pt; font-size: 12pt; font-family: "Times New Roman"; }span.MsoFootnoteReference { vertical-align: super; }a:visited, span.MsoHyperlinkFollowed { color: purple; text-decoration: underline; }p { margin: 14pt 0cm; font-size: 10pt; font-family: "Times New Roman"; }span.NotedebasdepageCar { font-family: "Times New Roman"; }span.marquedannotation2 { }span.Caractresdenotedebasdepage { vertical-align: super; }span.WW-Caractresdenotedebasdepage { vertical-align: super; }.MsoChpDefault { font-family: Cambria; }div.WordSection1 { page: WordSection1; }

Paris-Geneva, September 23, 2016- The unjust conviction of prominent Cambodian human rights defender NyChakrya must be overturned, the Observatory for the Protection of Human RightsDefenders (an FIDH-OMCT partnership) said today.

On September 22, 2016, the Phnom PenhMunicipal Court sentenced Ny Chakrya, former head of the Human Rightsand Monitoring Section of the Cambodian Human Rights and Development Association(ADHOC), to six months in prison and a six million riel (about 1,310 Euros)fine. The conviction was based on trumped-up charges that stemmed solely fromhis human rights activities.

“Ny Chakrya’s conviction is thelatest development in an ongoing pattern of harassment by Cambodia’s judiciary.The guilty verdict clearly exposes the judiciary’s lack of impartiality andindependence. This conviction is unjust and must be overturned”, said FIDH President DimitrisChristopoulos.

Ny Chakrya was found guilty ofcharges of “public defamation”, “acts of slanderous denunciation”, and“commentaries to put pressure on jurisdiction” under Articles 305, 311, and 522of the Cambodian Criminal Code respectively[1].The charges were based on a complaint filed by the former Deputy Prosecutor andthe Investigative Judge at the Siem Reap Provincial Court in relation to apress conference held by Ny Chakrya on May 12, 2015, in Siem Reap. During thepress conference, Ny Chakrya condemned the arbitrary arrest and detention oftwo villagers involved in land disputes in Siem Reap Province.

In court yesterday, the prosecutionfailed to demonstrate that Ny Chakrya had committed any of the crimes withwhich he was charged. During the three-and-half hour hearing, the court heardabundant exculpatory evidence that clearly warranted the dismissal of thecharges against him.

A recording of the May 12, 2015press conference was played in court. From the content of the recording, it wasclear that Ny Chakrya never made any statements that defamed Siem Reap courtofficials. In addition, two defense witnesses who attended the May 12, 2015press conference testified to this fact. After the prosecution and defenseconcluded their presentations, trial judge Khy Chhai took less than 15 minutesto deliberate before announcing the guilty verdict.

“Yesterday’shearing showed that trials of human rights defenders in Cambodia are a farcicalformality. The judge’s behavior during the hearing and his disregard ofexculpatory evidence indicated that he was predisposed to finding Ny Chakryaguilty”, said FIDH Director of Asia Desk - Southeast Asia AndreaGiorgetta, who observedthe court proceedings on behalf of the Observatory.

Ny Chakrya has been arbitrarilydetained since May 2, 2016 in connection with another case in which he isaccused of having been an accomplice in the bribing of a witness, along withADHOC staff members Ny Sokha, Nay Vanda, Yi Soksan, and LimMony[2].

“Theescalating number of cases of judicial harassment and arbitrary detentions inCambodia is alarming and illustrative of the precarious situation in whichhuman rights defenders find themselves. Cambodian courts must no longer be usedas a tool of the authorities to silence civil society”, saidOMCT Secretary General Gerald Staberock.

The Observatory urges the CambodianGovernment to put an end to all forms of harassment, including at the judiciallevel, against Ny Chakrya, as well as against all human rights defenders in thecountry, to enable them to carry out their work without hindrance.

The Observatory further calls on theCambodian Government to ensure that all judicial proceedings against Ny Chakryaand other human rights defenders facing charges are carried out in fullcompliance with their right to a fair trial, as protected under internationallaw.

The Observatory also urges theCambodian authorities to ensure the respect of international human rightsstandards related to prison conditions. These include the United Nations (UN)Standard Minimum Rules for the Treatment of Prisoners (‘Mandela Rules’) and theBody of Principles for the Protection of All Persons under Any Form ofDetention or Imprisonment.

Background information:

Ny Chakryahas been arbitrarily detained since May 2, 2016, on charges of being anaccomplice in the bribing of a witness (Articles 29 and 548 of the CriminalCode) in connection with a separate case from the one for which he wasconvicted on September 22, 2016. On May 2, 2016, ADHOC staff members Ny Sokha,Nay Vanda, Yi Soksan, and Lim Mony were also detained on charges of bribing awitness (Article 548 of the Criminal Code). If convicted, the five human rightsdefenders could face prison terms of five to ten years.

Ny Sokha, Nay Vanda, and Yi Soksanare held in Prey Sar’s Correctional Center 1 (‘CC1’), while Lim Mony isdetained in Prey Sar’s Correctional Center 2 (‘CC2’). Ny Chakrya is detained inPolice Judiciaire (PJ) prison. All three prisons are located in Phnom Penh.

On June 13, 2016, theCourt of Appeals in Phnom Penh denied bail to Ny Chakrya, Ny Sokha, Nay Vanda,Yi Soksan, and Lim Mony. The court’s refusal to release the five detained humanrights defenders on bail is a significant obstacle to the exercise of theirbasic rights, including the fundamental right to liberty and the right to afair trial.

The Observatory for the Protection of Human Rights Defenders (theObservatory) was created in 1997 by FIDH and the World Organisation AgainstTorture (OMCT). The objective of this program is to intervene to prevent orremedy situations of repression against human rights defenders. OMCT and FIDHare both members of ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.

[1] For more information, see ObservatoryUrgent Appeal KHM 002 / 0715 / OBS 056.3, issued on July 15, 2016.

[2] For moreinformation, see www.freethe5kh.net.