Upholding of the conviction of housing rights activist Yorm Bopha

New information

KHM 006 / 1212 / OBS 119.2

Conviction / Arbitrary detention

Cambodia

June 18, 2013

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

New information:

The Observatory has been informed by the CambodianCenter for Human Rights (CCHR) and the CambodianLeague for the Promotion and Defense of Human Rights (LICADHO) aboutthe upholding of theconviction of Ms. Yorm Bopha, a housing rights activistwho was pivotal in the protests against forced evictions of residents from theBoeung Kak Lake community in Phnom Penh.

According to theinformation received, onJune 14, 2013, the Court ofAppeal in Phnom Penh decided to uphold the conviction of Ms. Yorm Bopha, butsuspended one year of her three-year original sentence, on the grounds that shedid not directly commit violence.

Ms. Bopha was sentenced on December 27, 2012 bythe Phnom Penh’s Municipal Court to three years in prison for “intentionalviolence with aggravatingcircumstances”. Much of theso-called evidence produced at the appeal stage was based on the testimony ofthe two alleged victims - civil parties to the case who sat in the court roomthe whole time, who were not required to swear an oath and who stood to gainconsiderable compensation pending a guilty verdict. The accounts of the allegedvictims were often convoluted and uncorroborated. The prosecution witnesses,one of whom was the father of one of the alleged victims, continually changedtheir stories and contradicted one another.

After the decision Ms. Bophawas taken back to Prey Sar prison, where she will serve the rest of her sentence - fifteen months - untilSeptember 2014.

On June 17, 2013, Ms. Yorm Bopha filed an appeal with the Supreme Courtin a bid to overturn or reduce her two-year prison sentence.

The Observatory expresses itsdeep concern about the Court of Appeal’s decision to uphold Ms. Yorm Bopha’s conviction, andreiterates its call on the Cambodian authorities for Ms. Yorm Bopha's immediate and unconditional release, as her detention seems aimedmerely at obstructing her human rights activities.

Background information:

Thefamilies from the Boeung Kak Lake community have been battling forced evictionssince 2007, when the Government leased their land to a company, Shukaku Inc,for development. In May 2012, after 15 members of the BKL community wereviolently and arbitrarily arrested, Ms. Yorm Bopha was at the forefront of thecampaign for their release. She maintained a high profile presence at everydemonstration, became a media spokesperson for the campaign, and did not shyaway from publicly criticizing government officials. This new-found prominencebrought with it the attention of the authorities - she was verbally threatened,harassed and intimidated.

OnSeptember 4, 2012, Ms. Yorm Bopha was detained for allegedly ordering herbrothers to assault twomotorbike taxi drivers near her home on August 7, 2012. Ms. Bopha has denied the allegations.

On December 27, 2012, Phnom Penh’s Municipal Court sentenced Ms. Yorm Bophato three years in prison for “intentional violence”under Article 218 of the Penal Code, onthe basis of questionable allegations, and despite the fact that no credibleevidence was presented at her trial.

OnMarch 19, 2013, Prime Minister Hun Sen spoke about the Yorm Bophacase in a speech at the Peace Palace, and said that it was not a political casebut that Ms. Bopha was in prison for committing a crime.

Actionsrequested:

Pleasewrite to the Cambodian authorities urging them to:

i.Guarantee, in all circumstances, the physical and psychological integrity of Ms. Yorm Bopha, as well as ofall human rights defenders in Cambodia;

ii.Release Ms. Yorm Bopha immediately and unconditionally, since her detention isarbitrary as it only aims at obstructing her human rights activities andappears to be a result of exercising her right to freedoms of expression andassociation;

iii.Put an end to acts of harassment - including at the judicial level - againstMs. Yorm Bopha and all human rights defenders in Cambodia;

iv.Comply with all the provisions of the Declaration on Human Rights Defenders,adopted on December 9, 1998 by the United Nations General Assembly, inparticular:

- Article1, which states that “everyone has the right, individually or in associationwith others, to promote the protection and realization of human rights andfundamental freedoms at the national and international levels”,

- Article12.1, which foresees that “everyone has the right, individually and inassociation with others, to participate in peaceful activities againstviolations of human rights and fundamental freedoms”,

- andArticle 12.2 which provides that “the State shall take all necessary measuresto ensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration.”

v. Guaranteethe respect of human rights and fundamental freedoms in accordance with theUniversal Declaration of Human Rights and other international human rightsinstruments ratified by Cambodia.

Addresses:

· Mr. Hun Sen, PrimeMinister, Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax:+855 23 36 06 66 / 855 23 88 06 24 (c/o Council of Ministers), Email: leewood_phu@nida.gov.kh/ cppparty@gmail.com

· Mr. H.E. Ang VongVathna, Minister of Justice, No 240, Sothearos Blvd, Phnom Penh, Kingdom ofCambodia, Fax: 023 364119. Email: moj@cambodia.gov.kh

· Mr. Sar Kheng, DeputyPrime Minister and Minister of Interior, Ministry of Interior, 275 NorodomBlvd, Phnom Penh, Kingdom of Cambodia, Fax: + 855 23 212708. Email: moi@interior.gov.kh

· Mr. Hor Nam Hong, DeputyPrime Minister and Minister of Foreign Affairs, 161 Preah Sisowath Quay, PhnomPenh, Kingdom of Cambodia, Fax: + 855 23 21 61 44 / + 855 23 21 69 39. Email: mfaicasean@bigpond.com.kh

· Ambassador Mr. Sun Suon,Permanent Mission of Cambodia to the United Nations in Geneva, Chemin deTaverney 3, Case postale 213, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22788 77 74. Email: camemb.gva@mfa.gov.kh; cambodge@bluewin.ch

Please also write to diplomatic representations of Cambodia in yourrespective countries.

***

Geneva-Paris, June 18, 2013

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

The Observatory, an OMCT and FIDH venture, isdedicated to the protection of Human Rights Defenders and aims to offer themconcrete support in their time of need.

To contact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org

· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 4929

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