Sentencing of land rights defender Ms. Tep Vanny

Sentencing /Arbitrary detention

Cambodia
February 9, 2018

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

New information:

The Observatory has been informed by reliable sources about the sentencingof land rights defender and BoeungKak Lake community representative Ms. Tep Vanny, in relation to a peacefulprotest she attended in 2013.

Accordingto the information received, on February 7, 2018, theSupreme Court rejected Ms. Tep Vanny’s appeal against her conviction on chargesof “intentional violence with aggravating circumstances” (Article 218 ofthe Criminal Code) for her participation in a protestcalling for the release of then-jailed Boeung Kak activist Ms. Yorm Bopha, in 2013 (see backgroundinformation) and upheld her 30-month prison sentence.

Ms. Tep Vanny has been arbitrarily detained in Correctional Centre 2(CC2) prison in Phnom Penh since August 15, 2016 (see background information).

The Observatory strongly condemns Ms. Tep Vanny’s ongoing arbitrarydetention, which only aims at punishing her for her legitimate human rightsactivities, and calls upon the Cambodian authorities to put an end to all actsof harassment - including at the judicial level - against Ms. Tep Vanny and toimmediately and unconditionally release her.

TheObservatory also urges the Cambodian authorities tocease the harassment of all human rights defenders in Cambodia and to guaranteethat they can carry out their activities free of any hindrance orreprisals.

Background information:

Ms.Tep Vanny played a prominent role in mobilising communities around Phnom Penh’sBoeung Kak Lake to fight against an eviction order issued by the Government toauthorize a private company to carry out development plans that includedfilling 90% of the lake to build tourism infrastructure. She is one of the 13women human rights defenders (the ‘Boeung Kak 13’) who were charged, convicted,and sentenced to two years and six months’ imprisonment in 2012 as a result oftheir work resisting these development plans.

OnAugust 15, 2016, Ms. Tep Vanny and Ms.Bov Sophea, another defender from the Boeung Kak Lake community,were arrested while participating in a peacefulprotest held by the Boeung Kak Lake community in Phnom Penh to mark the15th week of the ‘Black Monday’ campaign. The campaign involvedweekly peaceful protests, held on Mondays, where participants wore blackclothing to call for the release of human rights defenders Messrs. Ny Sokha, Yi Soksan, Nay Vanda, Ny Chakrya, and Ms. Lim Mony, as well as for justice forthe murder of prominent political analyst KemLey[1].

Following their arrest, Ms. Tep Vanny and Ms. BovSophea were initially detained at the Daun Penh districtpolice station before being sent to pre-trial detention in Prey Sar’s CC2prison in Phnom Penh on August 17, 2016.

On August 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.

OnAugust 22, 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.

WhileMs. 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 Ms. Yorm Bopha[2].The protest turned violent when State security forces beat 10 of the activistsand pushed others into police trucks.

OnJanuary 25, 2017, Supreme Court Judge Kim Sathavyrejected Ms. Tep Vanny’s second appeal for bail.

OnFebruary 23, 2017, the Phnom Penh Municipal Court convicted Ms. Tep Vanny on chargesof “intentional violence with aggravated circumstances” (Article218 of the Criminal Code) and sentenced her totwo years and six months’ imprisonment for their participation in the March 2013protest. Ms. Tep Vannywas also ordered to pay a fine of five million riel (about EUR 1,150), as well ascompensation 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.

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

Inanother case, 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, who wastried in absentia, to six months’ imprisonment after a three-hour hearingat the Phnom Penh Municipal Court. The four defenders were found guilty of“obstruction of a public official with aggravating circumstances” and “insult”relating to a November 2011 protest that turned violent when police andsecurity guards were sent in to disperse demonstrators[3]. Ms. Bo Chhorvy and Ms. Kong Chantha were not arrested, asall appeals had not been exhausted.

On February 27, 2017, the Court of Appeal upheld the convictions andprison sentences for Ms. Tep Vanny, Ms. Bo Chhorvy and Ms. Kong Chantha.

OnDecember 8, 2017, the Supreme Court rejected theappeals of Ms. Tep Vanny, Ms. Kong Chantha, and Ms. Bo Chhorvy and upheld theCourt of Appeals’ six-month prison sentences for the three on charges of“insult [of a public official]” and “obstruction of a public official withaggravating circumstances” under Articles 502 and 504 of the Criminal Code.

Actions requested:

Please write 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 punishing her for her legitimate human rights activities;

iii.Put an end to all acts of harassment - including atthe judicial level - against Ms. Tep Vanny and all human rights defenders in Cambodia so that they are able tocarry out their work without hindrance or fear of reprisals;

iv. 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;

v. Ensurein all circumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and withinternational human 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. 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

Pleasealso write to the diplomatic representations of Cambodia in your respectivecountries.

***

Geneva-Paris, February 9, 2018

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by the World Organisation Against Torture (OMCT) and FIDH. Theobjective of this programme is to prevent or remedy situations of repressionagainst human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights DefendersMechanism implemented by international civil society.

To contact the Observatory, call the emergencyline:

· E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT +41 (0) 22 809 49 39 / +41 22809 49 29

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

[1] The Boeung Kak Lake community inPhnom Penh was one of the co-implementing partners of the #FreeThe5KH campaign,launched on August 8, 2016 by civil society groups in support of the five humanrights defenders who were remained in pre-trial detention for 427 days for allegations of bribery, before beingreleased on bail in the wake of sustainedinternational pressure in June 2017. Yet they still face5 to 10 years in prison, and their freedom of movement and ability tocarry out human rights work remains hindered. For moreinformation, see www.freethe5kh.net.

[2] For more information, see Observatory Press Release, issued onSeptember 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.