Release detained human rights defenders and stop their harassment

“Anincreasing number of Cambodian human rights defenders find themselves behindbars or forced into exile. The Government must immediately end its campaign ofrepression against civil society and release all those who have beenarbitrarily detained,” said FIDH President Karim Lahidji.

OnJuly 18, 2016, Ny Chakrya, formerHead of the Cambodian Human Rights and Development Association’s (ADHOC) humanrights section and current National Election Committee (NEC) DeputySecretary-General, stood trial at the Phnom Penh Municipal Court on charges ofdefamation brought by the former Deputy Prosecutor and the Investigative Judgeat the Siem Reap Provincial Court (see background information). At the trial,Ny Chakrya objected to the continuation of the proceedings without the presencein court of the two plaintiffs. Ny Chakrya’s legal team argued that the absenceof the two plaintiffs prevented their client from challenging his accusers.When the trial Judge Khy Chhai refused to adjourn the proceedings to allow forthe presence of the plaintiffs, Ny Chakrya’s attorney requested that he beallowed to file a motion to recuse the judge within 30 days. As a result, JudgeKhy Chhai adjourned the trial pending a decision on the request to recuse him.The proceedings lasted less than 20 minutes.

“The trial ofNy Chakrya exemplifies the Cambodian judiciary’s lack of impartiality andindependence. Until he was faced with a request to have him recused, the judgeappeared determined to proceed with the prosecution of the defendant in totaldisregard of standards for fair trials,” said FIDHDirector of Asia Desk - Southeast Asia Andrea Giorgetta, who observed the courtproceedings.

TheObservatory recalls that Ny Chakrya has been detained since May 2, 2016, inrelation to another case in which he is accused of having been an accomplice inthe bribing of a witness, along with ADHOC staff members Ny Sokha, NayVanda, Yi Soksan, and Lim Mony (see background information).

“The ongoingdetention of the five human rights defenders is arbitrary and comes as yetanother confirmation of how the judiciary is being used by the Government ofCambodia to silence and intimidate dissenting voices. Courts should send astrong signal of judicial independence and grant bail to all detained humanrights defenders as a first step towards their unconditional release,” said OMCT Secretary General Gerald Staberock.

On June 13, 2016, the Court of Appeals in Phnom Penh denied bail to NyChakrya, Ny Sokha, Nay Vanda, Yi Soksan, and Lim Mony. The court’s refusal torelease the five detained human rights defenders on bail is a significantobstacle to the exercise of their basic rights, including the fundamental rightto liberty and the right to a fair trial.

Family members of the five expressed concerns over poor detentionconditions in the prisons. They noted overcrowded cells, insufficient and poorquality food, and inadequate medical care. In addition, the family memberscomplained that their relatives were not segregated from the general prisonpopulation of convicted criminals, including those imprisoned for seriousoffenses.

TheObservatory calls on the Cambodian Government to comply with the country’sobligations under the International Covenant on Civil and Political Rights(ICCPR), to which Cambodia is a State party. Article 9(3) of the ICCPRprescribes that pre-trial detention should be an exception and should be asshort as possible. The refusal to grant bail to thehuman rights defenders also compromises their right to be presumed innocent(guaranteed by Article 14(2) of the ICCPR). The Observatory also urgesthe Cambodian 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.

TheObservatory conducted a three-day mission in Phnom Penh from July 17to 19, 2016. In addition to the observation of Ny Chakrya’s trial and avisit to Ny Chakrya in Phnom Penh's Police Judiciaire prison, Mr. Giorgettaalso met with activists, human rights defenders, and members of civil societyto discuss their human rights concerns, as well as with acting CambodiaNational Rescue Party (CNRP) Deputy Leader Kem Sokha and European Union (EU)Ambassador to Cambodia George Edgar.

Background information:

Ny Chakrya is facing charges of “public defamation”,“acts of slanderous denunciation”, and “publication of commentaries to putpressure on jurisdiction”, under Articles 305, 311, and 522 of the CambodianCriminal Code. If found guilty of all charges, he could face a prison term of up to one-and-a-half years and a fine[1].

In addition to the above, Ny Chakrya has beenarbitrarily detained since May 2, 2016, on charges of being an accomplice inthe bribing of a witness (Articles 29 and 548 of the Criminal Code) inconnection with a separate case. On the same day, ADHOC staff members Ny Sokha,Nay Vanda, Yi Soksan, and Lim Mony were detained on charges of bribing awitness (Article 548 of the Criminal Code). If convicted, the five human rightsdefenders could face from five to ten years’ imprisonment[2].

NySokha, Nay Vanda, and Yi Soksan are held in Prey Sar’s Correctional Center 1(‘CC1’), while Lim Mony is detained in Prey Sar’s Correctional Center 2(‘CC2’). Ny Chakrya is detained in Police Judiciaire prison. All three prisonsare located in Phnom Penh.

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.

For more information, pleasecontact:

· FIDH:Andrea Giorgetta: +66 886117722 (Bangkok) / Audrey Couprie:+33648059157 (Paris)

· OMCT: Delphine Reculeau: +41 22 809 49 39 (Geneva)

[1] For moreinformation, see Observatory Urgent Appeal KHM 002 / 0715 / OBS 056.3, issuedon July 15, 2016.

[2] Formore information, see Observatory Urgent Appeal KHM 001/0616/OBS 047, issuedon June 14, 2016.