Open Letter to Prime Minister Mr. Hun Sen: Concern over the end of year crackdown against human rights defenders

CAMBODIA:OPEN LETTER TO PRIME MINISTER MR. HUN SEN

Geneva-Paris, January 8, 2013

Re:Concern over the end of year crackdown against human rights defenders

YourExcellency,

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and the International Federationfor Human Rights (FIDH), expresses its deep concern about court decisions inlate December 2012 that led to the wrongful sentencing of two prominent landand housing rights defenders and continued pattern of impunity in thehigh-profile murder of a trade union leader. The Observatory fears that suchdecisions were adopted during that time of year to avoid scrutiny by theinternational community and the media.

OnDecember 26 and 27, 2012, Phnom Penh’s Municipal Court sentenced Ms. Tim Sakmony and Ms. Yorm Bopha, two prominent land andhousing rights defenders, to prison terms. Ms. Sakmony was found guilty of“making a false declaration” - a charge totally unsupported by the facts of hercase - and received a suspended six-months sentence for time already served.Ms. Bopha was sentenced to three years in prison for “intentional violence”, onthe basis of questionable allegations, and despite the fact that no credibleevidence was presented at her trial. After theverdict, Ms. Bopha was returned to Prey Sar Prison's Correctional Center 2 toserve her sentence.

The Observatory recalls thatMs. Yorm Bopha and Ms. Tim Sakmony were detained since September 4 and 5,respectively. Ms. Yorm Bopha, a pivotal figure in the protests against forcedevictions in the Boeung Kak area of Phnom Penh, was detained for allegedlyassaulting a person suspected of theft. Ms. Tim Sakmony, a leader in protestsagainst forced evictions from the Borei Keila area of the capital, was arrestedafter the owner of land developer Phanimex lodged a complaint alleging that shehad made a “false declaration” in a suit accusing Phanimex of inadequatecompensation for persons evicted from land the company is developing.

In a separate case, onDecember 27, 2012, the Court of Appeals upheld the original sentence of 20years in prison for Messrs. Born Samnang and Sok Sam Oeun, who were convictedfor the high-profile killing of trade union leader Chea Vichea in 2004.It is widely acknowledged that their original convictions were based on coercedconfessions and plagued by political interference, intimidation of witnesses,and other violations of international standards, which led to the decision bythe Supreme Court to release both men from prison in December 2008. The SupremeCourt also ordered a new trial by the Court of Appeals.

The Court of Appeals finally retried the pair on November 7, 2012, in aswift hearing that was marred with irregularities andoffered absolutely no new evidence of the defendants' guilt. Despiteoverwhelming evidence of the innocence of the two men, the Court announced that theywere guilty on December 27. The two were immediately arrested and sent to serve the remainder of their sentences at Prey Sar Prison’sCorrectional Center 1 in Phnom Penh. The Observatory fears thatthis parody of justice merely aims at protecting the real perpetrators of themurder of Mr. Chea Vichea.

The Observatory is deeply concerned aboutthese new examples of political pressure being used to influence Cambodian'scourts. Likewise, Mr. Mam Sonando,Director and owner of the independent FM station 105 (Beehive Radio) andPresident of the non-governmental organisation Democrats' Association, remainsdetained after the Court of Appeal in Phnom Penh refused to release him on bailpending his appeal. An outspoken critic of the Government's human rights record, including seriousand systematic violations of land and housing rights, Mr. Sonando was sentenced to 20 years’ imprisonment anda fine of 10 million riels on October 1, 2012.

Accordingly, the Observatorycalls upon the Cambodian authorities to immediately and unconditionally release Ms. Yorm Bopha and Messrs.Born Samnang, Sok Sam Oeun and Mam Sonando, and to put an end to the judicialharassment against them.

The authorities should also put an end to the judicial harassment of Mr. Chan Soveth, Senior Investigator andDeputy Head of the Monitoring Section for the Cambodian Human Rights andDevelopment Association (ADHOC) - who was first summoned by the Phnom Penh Municipal Court in August 2012 to answer questions in relation to his human rights work. Thehearing was delayed, and on December 24, 2012, Mr. Chan Soveth appeared before Phnom Penh MunicipalCourt's Investigating Judge. He was not charged, but the case remains pending.

The past year sawan increase in arbitrary arrests, unlawfuldetention, judicial harassment of defenders, and even the killing of keyactivists with impunity, as recently recalled in a report published on December10, 2012 by the Cambodian League for the Promotion and Defense of Human Rights(LICADHO). The Observatory thus reiterates its call to the Cambodian authorities toput an end to any act of harassment against human rights defenders in Cambodia, in compliance with the United Nations Declaration onHuman Rights Defenders, the Universal Declaration of Human Rights andinternational human rights treaties ratified by Cambodia.

We express our sincerehope that you will take these considerations and requests into account.

Yours sincerely,

Souhayr Belhassen

FIDH President

Gerald Staberock

OMCT Secretary General