Withdrawal of charges against Mr. Soum Chankea

New information

KHM 001 / 0212 / OBS 020.1

Withdrawal of charges

Cambodia

June 5, 2012

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), has received new information and requests your urgentintervention in the following situation in Cambodia.

Newinformation:

The Observatory has beeninformed by the Cambodian Human Rights and Development Association (ADHOC) ofthe withdrawal of the charges faced by Mr. Soum Chankea, its Provincial Coordinator in BanteayMeanchey province.

According to theinformation received, the Deputy Prosecutor of the Provincial Court in Sisophon decided to drop, on May 8,all the charges brought against Mr. Chankea. The latter was notified of thedecision by letter at the end of May.

While the Observatorywelcomes this positive development, it notes that the plaintiff, Mr. OumSocheath, may still lodge an appeal against this decision.

Background information:

On November 4 and 9,2011 respectively, a woman filed complaints of sexual harassment and assaultagainst Mr. Oum Socheath, Head of the Banteay Meanchey branch of the CambodiaMine Action Centre (CMAC) and Coordinator of the UNDP-CMAC mine clearanceprogramme, and Mr. Thong Piseth, also known as Mr. Veth, a real estate and construction businessman.

As the authoritiesallegedly took no action to investigate the woman’s allegations, Mr. SoumChankea, as ADHOC Provincial Coordinator, intervened several times on her behalfand urged the police and the Prosecutor to investigate the case. According to information gathered byADHOC, Messrs. Oum Socheath and Thong Piseth were under the protection of abusinessman whose brother is a high-ranking government official. On February 22, 2012, local media reports revealed that Hun San, the brother of CambodianPrime Minister Hun Sen, signed a letter to the prosecutor in Sisophon askinghim not to investigate the complaints against Oum Socheath.

On February 9, 2012, Mr. Soum Chankea was summoned to appear on February 20, 2012 before theProsecutor’s Office in Sisophon, capital of Banteay Meanchey province,following a complaint lodged by Mr. Oum Socheath in which he accused ADHOCCoordinator of forcing the victim to file a complaint against the two men.

If the Prosecutor hadthen decided to bring charges against Mr. Soum Chankea, they could have included the charge of “slanderousdenunciation”, an offence punishable by up to one year in prison and up to twomillion riels (380 Euros) fine under Article 311 of the Criminal Code.

Actions requested:

Please write to the Cambodian authorities and ask themto:

i. Guarantee in all circumstances the physicaland psychological integrity of Mr.Soum Chankea;

ii. Put an end to acts of harassment - including atthe judicial level - against him as well as against all human rights defendersin Cambodia;

iii. Conform with the provisions of the Declarationon Human Rights Defenders, adopted on December 9, 1998 by the United NationsGeneral Assembly, and in particular :

- 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”,

- and Article 12.2 which provides that “the Stateshall take all necessary measures to ensure the protection by the competentauthorities of everyone, individually and in association with others, againstany violence, threats, retaliation, de facto or de jure adverse discrimination,pressure or any other arbitrary action as a consequence of his or herlegitimate exercise of the rights referred to in the present Declaration”.

iv. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified 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

· 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,Minister of Foreign Affairs, 161 Preah Sisowath Quay, Phnom Penh, Kingdom ofCambodia, 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

Pleasealso write to the diplomatic representations of Cambodiain your respective countries.

***

Paris-Geneva,June 5, 2012

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, a FIDH and OMCT venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

· Email: Appeals@fidh-omct.org

· Tel and fax FIDH: +33(0) 1 43 55 25 18 / 01 43 55 18 80

· Tel and fax OMCT: + 4122 809 49 39 / 41 22 809 49 29