Release of land rights defender Ms. Tep Vanny following 735 days of detenton

New information

KHM 002 / 0816 / OBS 077.5

Release

Cambodia
August 22, 2018

The Observatory for the Protection of Human Rights Defenders, a jointpartnership of the World Organisation Against Torture (OMCT) and FIDH, has receivednew information and requests your urgent intervention in the followingsituation in Cambodia.

New information:

TheObservatory has been informed by reliable sources about the release of landrights defender and Boeung Kakcommunity representative Ms. TepVanny, after being detained for 735 days inrelation to a peaceful protest she attended in 2013.

According tothe information received, on August 20, 2018, Ms. Tep Vanny was freed from jailafter she received a royal pardon.

TheObservatory welcomes Ms. Tep Vanny’s release but recalls that she should have never been detained and prosecuted in the first place,as her arbitrary detention was clearly aimed at punishing her legitimate humanrights activities.

TheObservatory calls upon the Cambodian authorities to ensure that she will not besubjected to any further reprisals and to putan end to all acts of harassment - including at the judicial level - againstall human rights defenders in Cambodia and to guarantee that they cancarry out their activities free of any hindrance or reprisals.

Background information:

Ms. TepVanny played a prominent role in mobilising Phnom Penh’s Boeung Kak communitiesto fight against an eviction order issued by the Government to authorize aprivate company to carry out development plans that included filling in 90% ofthe lake in the area in order to build tourism infrastructure. She is one ofthe 13 women human rights defenders (the ‘Boeung Kak 13’) who were charged,convicted, and sentenced to two years and six months’ imprisonment in 2012 as aresult of their work resisting these development plans.

On August15, 2016, Ms. Tep Vanny and Ms. BovSophea, another defender from the Boeung Kak community, werearrested while participating in a peaceful protestheld by the Boeung Kak community in Phnom Penh to mark the 15th weekof the ‘Black Monday’ campaign. The campaign involved weekly peaceful protests,held on Mondays, during which participants wore black clothing to call for therelease of human rights defenders Messrs. NySokha, Yi Soksan, Nay Vanda, Ny Chakrya, and Ms. Lim Mony,as well as for justice for the murder of prominent political analyst Mr. Kem Ley[1].

Following their arrest, Ms. Tep Vanny and Ms. Bov Sophea wereinitially detained at the Daun Penh district police station before being sentto pre-trial detention in Prey Sar’s CC2 prison in Phnom Penh on August 17,2016. On that day, both were charged with“incitement” under Article 495 of Cambodia’s Criminal Code, after a dayof interrogation at the Phnom Penh Municipal Court. They were immediately sentto trial, which was adjourned until August 22, 2016.

On August22, 2016, following a 90-minute trial and after just 18 minutes ofdeliberation, presiding judge Pech Vicheator unexpectedly changed the charge to“insult of a public official” (Article 502 of the Criminal Code) during thedelivery of the verdict. After presenting a defence against the original chargeof incitement, the defendants’ lawyers were given no opportunity to prepare adefence against the new charge. The twoactivists were convicted of “insulting a public official” and sentencedto six days in prison.

While Ms.Bov Sophea was released on the evening of August 22, 2016, on time served, Ms.Tep Vanny was brought back to CC2 prison, after an additional charge wasbrought against her. On August 19, 2016, the Phnom Penh Municipal Court hadcharged her with “intentional violence with aggravating circumstances” underArticle 218 of the Criminal Code. The charge stemmed from Ms. Tep Vanny’s participationin a protest near Prime Minister Hun Sen’s house in March 2013 that called forthe release of then-jailed Boeung Kak activistMs. Yorm Bopha[2].The protest turned violent when state security forces beat 10 of the activistsand pushed others into police trucks.

On January25, 2017, Supreme Court Judge Kim Sathavy rejectedMs. Tep Vanny’s second appeal for bail.

On February23, 2017, the Phnom Penh Municipal Court convicted Ms. Tep Vanny on charges of“intentional violence with aggravated circumstances” (Article 218of the Criminal Code) and sentenced her to twoyears and six months’ imprisonment for her participation in the March 2013protest. Ms. Tep Vannywas also ordered to pay a fine of five million riel (about EUR 1,150), as wellas compensation payments of four million riel (about EUR 920) to the firstplaintiff and five million riel to the second plaintiff, both members of DaunPenh district para-police. During the trial, no credible evidence was presentedto either justify the charges brought against Ms. Tep Vanny or to prove thatany violence had been committed against the para-police.

On August 8, 2017, theCourt of Appeal upheld the Phnom Penh Municipal Court’s conviction and prisonsentence.

OnFebruary 7, 2018, the Supreme Court rejected Ms. TepVanny’s appeal against her conviction on charges of “intentional violence withaggravating circumstances” for herparticipation in the March 2013 protest and upheld her 30-month prisonsentence.

In anothercase, on September 19, 2016, presiding judge Ly Sokleng sentenced Ms. Tep Vanny and three other Boeung Kak community representatives,Ms. BoChhorvy, Ms. Kong Chantha, and Ms. Heng Mom, who wastried in absentia, to six months’ imprisonment after a three-hourhearing at the Phnom Penh Municipal Court. The four defenders were found guiltyof “insult [of a public official]” and “obstruction of a public official withaggravating circumstances” (Articles 502 and 504 of the Criminal Code) relatingto a November 2011 protest that called for a resolution to the Boeung Kak landdispute and turned violent when police and security guards were sent in todisperse demonstrators[3]. Ms. Bo Chhorvy and Ms. Kong Chantha were not arrested, asall appeals had not been exhausted.

OnFebruary 27, 2017, the Court of Appeal upheld the convictions and prisonsentences of Ms. Tep Vanny, Ms. Bo Chhorvy, and Ms. Kong Chantha.

On December8, 2017, the Supreme Court rejected the appeals ofMs. Tep Vanny, Ms. Bo Chhorvy, and Ms. Kong Chantha and upheld the Court ofAppeal’s six-month prison sentences for the three on charges of “insult [of apublic official]” and “obstruction of a public official with aggravatingcircumstances” under Articles 502 and 504 of the Criminal Code.

Actions requested:

Pleasewrite to the authorities of Cambodia asking them to:

i. Guarantee inall circumstances the physical and psychological integrity of Ms. Tep Vanny andall human rights defenders in Cambodia;

ii. Putan end to all acts of harassment - including at the judicial level - against Ms. Tep Vanny andall human rights defenders in Cambodia so that they are able to carry out theirwork without hindrance or fear of reprisals;

iii. Comply withall provisions of the UN Declaration on Human Rights Defenders, adopted by theUnited Nations General Assembly on December 9, 1998, in particular with itsArticles 1, 5(b), and 12.2;

iv. Ensurein all circumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and with internationalhuman rights instruments to which Cambodia is a state party.

Addresses:

· Mr. Hun Sen, Prime Minister of theKingdom of Cambodia. Fax: +855 23 360666 / 855 23 880624 (c/o Council ofMinisters), Email: leewood_phu@nida.gov.kh/ cppparty@gmail.com

· Mr. Sar Kheng, Minister of Interiorand Deputy Prime Minister of the Kingdom of Cambodia. Fax: +855 23 212708

· Mr. Ang Vong Vathna, Minister ofJustice of the Kingdom of Cambodia. Fax: +855 23 364119

· Mr. Prak Sokhon, Minister of ForeignAffairs of the Kingdom of Cambodia. Fax: +855 23 216 144 / 855 23 216141,Email: mfaic@mfa.gov.kh

· Mr. Sok An, Deputy Prime Minister ofthe Kingdom of Cambodia. Fax: +855 23 882065, Email: leewood_phu@nida.gov.kh / info@pressocm.gov.kh

· Mr. Keo Remy, President of theCambodian Human Rights Committee. Fax: +855 12 813781 / +855 23 211162 or +85523 881045 (c/o Council of Ministers)

· Mr. SuonVisal, President of the Cambodian Bar Association. Fax: +855 23 864076,Email: info@bakc.org.kh

· Ambassador Mr. Ney Samol, PermanentMission of the Kingdom of Cambodia to the United Nations in Geneva,Switzerland. Fax: +41 22 788 77 74, Email: camemb.gva@mfa.gov.kh

Please alsowrite to the diplomatic representations of Cambodia in your respective countries.

***

Geneva-Paris, August 22, 2018

Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.

The Observatory for the Protection of HumanRights Defenders (the Observatory) was created in 1997 by the WorldOrganisation Against Torture (OMCT) and FIDH. The objective of this programmeis to prevent or remedy situations of repression against human rightsdefenders. OMCT and FIDH are both members of ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.

To contact the Observatory, call the emergency line:

· E-mail:Appeals@fidh-omct.org

· Teland fax OMCT +41 (0) 22 809 49 39 / +41 22 809 49 29

· Teland fax FIDH +33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

[1] The Boeung Kak community in Phnom Penh was one of theco-implementing partners of the #FreeThe5KH campaign, launched on August 8,2016 by civil society groups in support of the five human rights defenders whowere remained in pre-trial detention for 427 daysfor allegations of bribery, before being released on bail in the wake of sustained international pressure in June2017. Yet they still face 5 to 10 years inprison, and their freedom of movement and ability to carry out human rightswork remains hindered.

[2] For more information, see ObservatoryPress Release, issued on September 4, 2013.

[3] During the 2011 protest, theactivists were demanding that 94 Boeung Kak families be included in a land plotthat Prime Minister Hun Sen had promised to set aside for displaced members ofthe community.Violence broke out whenpolice blocked about 100 women from walking towards Monivong Boulevard. @font-face { font-family: Arial;}@font-face { font-family: "Cambria Math";}@font-face { font-family: Calibri;}@font-face { font-family: "MS Mincho";}p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }h1 { margin: 0cm 0cm 0.0001pt; text-indent: 0cm; page-break-after: avoid; font-size: 10pt; font-family: "Times New Roman"; font-weight: normal; }p.MsoHeader, li.MsoHeader, div.MsoHeader { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoFooter, li.MsoFooter, div.MsoFooter { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }a:visited, span.MsoHyperlinkFollowed { color: purple; text-decoration: underline; }span.Titre1Car { }span.Caractresdenotedebasdepage { vertical-align: super; }span.apple-converted-space { }span.Numrodepage1 { }span.subh11 { }span.s1 { }span.Marquenotebasdepage11 { vertical-align: super; }span.PieddepageCar { }span.En-tteCar { }p.ListParagraph1, li.ListParagraph1, div.ListParagraph1 { margin: 0cm 0cm 0.0001pt 36pt; font-size: 10pt; font-family: "Times New Roman"; }.MsoChpDefault { font-size: 10pt; }div.WordSection1 { }ol { margin-bottom: 0cm; }ul { margin-bottom: 0cm; }