Sentencing of land rights defender Ms. Tep Vanny

KHM 002 / 0816 / OBS 077.2

Sentencing /Arbitrary detention /

Obstacles tofreedom of peaceful assembly

Cambodia
February 27, 2017

The Observatory for the Protection of Human Rights Defenders, a joint partnershipof the World Organisation Against Torture (OMCT) and FIDH, has received newinformation and requests your urgent intervention in the following situation inCambodia.

New information:

TheObservatory has been informed by reliable sources about the sentencing of landrights defender Ms. TepVanny.

According tothe information received, on February 23, 2017, the Phnom Penh Municipal Courtconvicted Ms. Tep Vanny on charges of “intentional violence with aggravatedcircumstances” (Article 218 of the Criminal Code) and sentenced her to two years and six months’imprisonment for participating in a protest held by members of the Boeung Kak Lakecommunity in March 2013 in front of Prime Minister Hun Sen’s house in PhnomPenh. 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 of whom aremembers of Daun Penh district para-police. During the trial, no credibleevidence was presented to either justify the charges brought against Ms. TepVanny or to prove that any violence was committed against the para-police.

Ms.Tep Vanny’s trial before Phnom Penh Municipal Court was due to be held onFebruary 3, 2017 but resumed only on February 23, afternearly three weeks’ postponement.

TheObservatory recalls that this case is just one ofthree cases which were re-activated in August 2016 while Ms. Tep Vanny wasawaiting trial on separate charges stemming from her participation in apeaceful ‘Black Monday’ protest (see background information). Ms. Tep Vanny hasremained in pre-trial detention since August 2016 in Prey Sar’s CorrectionalCentre 2 (CC2) prison in Phnom Penh.

TheObservatory strongly condemns Ms. Tep Vanny’s sentencing and ongoing arbitrarydetention, which only aims at sanctioning her legitimate human rightsactivities, and calls upon the Cambodian authorities toimmediately and unconditionally release her.

The Observatory is also concerned that para-policeviolently dispersed a group of supporters who had peacefully gathered outside the Phnom Penh MunicipalCourt to show solidarity with Ms. Tep Vanny. Para-policetried to forcibly disperse the supporters. When the supporters resisted theviolent removal, para-police attacked them and dragged them across the floor,injuring three women.

Background information:

Ms. TepVanny played a prominent role in mobilising communities around Boeung Kak Laketo fight against an eviction order agreed upon by the Government and a privatecorporation, in order for the corporation to carry out development plans whichwould include filling 90% of the lake to build tourism infrastructure. She isone of the 13 women human rights defenders (the Boeung Kak 13) who were chargedand sentenced to two years and six months’ imprisonment in 2012 as a result oftheir work resisting these development plans.

On August15, 2016, Ms. Tep Vanny and Ms. BovSophea, another defender from the Boeung Kak Lake community, werearrested while participating in a peaceful protestheld by the Boeung Kak Lake community in Phnom Penh to mark the 15thweek of the ‘Black Monday’ campaign. The campaign involved weekly peacefulprotests, held on Mondays, where participants wore black clothing to call forthe release of human rights defenders Messrs. Ny Sokha, Yi Soksan, Nay Vanda, Ny Chakrya, and Ms. Lim Mony,as well as for justice for the murder of prominent political analyst and ‘BlackMonday’ supporter 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.

OnAugust 17, 2016, both were charged with “incitement” underArticle 495 of Cambodia’s Criminal Code, after a day of interrogation at thePhnom Penh Municipal Court. They were immediately sent to trial, which wasadjourned 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 his 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 after having servedsix days in detention, Ms. Tep Vanny was brought back to CC2 prison, after anadditional charge had been brought against her. On August 19, 2016, the PhnomPenh Municipal Court had charged her with “intentional violence withaggravating circumstances”. The charge stemmed from Ms. Tep Vanny’sparticipation in a protest near Prime Minister Hun Sen’s house in March 2013 tocall for the release of then-jailed activist Ms. Yorm Bopha[2]. The protest turnedviolent when State security forces beat 10 of the activists and pushed othersinto police trucks.

On September 19, 2016, Presiding Judge Ly Sokleng sentenced Ms. Tep Vanny and three other Boeung Kak Lake communityrepresentatives, Ms. Bo Chhorvy, Ms.Kong Chantha, and Ms. Heng Mom, to sixmonths’ imprisonment after a three-hour hearing at the Phnom Penh MunicipalCourt. The four defenders were found guilty of “obstruction of a publicofficial with aggravating circumstances” and “insult” relating to a November2011 protest that turned violent when police and security guards were sent into disperse demonstrators[3].Ms. Tep Vanny was sent back to pre-trial detention in CC2 prison due to herseparate charges stemming from her participation in the 2013 protest. Ms. BoChhorvy, Ms. Kong Chantha, and Ms. Heng Mom, who was tried in absentia, werenot arrested as all appeals had not been exhausted.

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

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. Immediatelyand unconditionally release Ms. Tep Vanny as her arbitrary detention is merelyaimed at sanctioning her legitimate human rights activities;

iii. Carry out an immediate, thorough, impartial,and transparent investigation into the violent dispersal of Ms. TepVanny’s supporters on February 23, 2017, in order to identify all thoseresponsible, bring them before an independent tribunal, and sanction themas provided by the law;

iv. 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;

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

vi. Ensurein all circumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and withinternational human rights instruments ratified by Cambodia.

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. Bun Hun, President of theCambodian 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 respectivecountries.

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Geneva-Paris, February 27, 2017

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.

[1] The BoeungKak Lake community in Phnom Penh is one of the co-implementing partners of the#FreeThe5KH campaign, launched on August 8, 2016, by civil society groups insupport of the five human rights defenders who are currently in pre-trialdetention and under judicial investigation for allegations of bribery, and who have now spent over 100 days in prison. Formore information, see www.freethe5kh.net as well as Joint Press Releases, issued on July13, 2016 and January 21, 2017.

[2] Formore information, see Observatory PressRelease, issued on September 4, 2013.

[3] During the 2011 protest, the activists were demanding that94 Boeung Kak Lake families be included in a land plot that Prime Minister HunSen had promised to set aside for displaced members of the community. Violence broke out when police blocked about 100 women fromwalkingtowards MonivongBoulevard.