CSOs express serious concern and call for a stop to the ongoing judicial harassment of former Cambodia National Rescue Party members
In recent weeks, an unprecedented number of legal actions have been taken against former CNRP members in Battambang, Kampong Thom, Kandal, Kampong Speu, Kampong Chhnang and Tbong Khmum provinces. At least 140 former CNRP members and activists have reportedly received summonses to appear for questioning by provincial courts or have been questioned by local police. The majority of these summonses provide no basis apart from vague allegations that these individuals violated a widely criticised November 2017 Supreme Court decision, which dissolved the CNRP and banned 118 senior CNRP officials from political activities for five years. None of the former CNRP members recently summonsed by the courts are included in this ban.
Additionally, Kong Mas, a former CNRP member from Svay Rieng province, was arrested and sent to pre-trial detention on charges of “Insult” and “Incitement to commit a felony” (Articles 502 and 495 of the Criminal Code of the Kingdom of Cambodia) in relation to posts he made on Facebook. His request to be released on bail was denied in May 2019 by the Supreme Court. In March 2019, eight senior former CNRP members who live in exile were issued arrest warrants for alleged “Plotting” and “Incitement to commit a felony” (Articles 453, 494 and 495 of the Criminal Code) purportedly connected to meetings they attended overseas in January 2019. In April, Tith Rorn, the son of a former CNRP commune councillor, was arrested and jailed in Kampong Cham on a 2010 misdemeanour conviction. Despite the fact that the statute of limitations on the conviction had already passed, Rorn was imprisoned and found dead within 72 hours of his arrest, with visible bruises over his body.
The recent surge in legal actions taken against former CNRP members illustrates the serious and systematic misuse of laws to target, intimidate and harass individuals for merely exercising their fundamental freedoms. Other Cambodian citizens raising dissenting voices are similarly being silenced and deprived of their right to free expression, increasingly so on social media and online platforms. They are threatened, intimidated or face criminal charges for any dissent expressed, including through the use of the lèse-majesté provision of the Criminal Code introduced over one year ago.
These violations of human rights and fundamental freedoms have run parallel with a severe crackdown against civil society organisations and independent media outlets. The deterioration of the human rights situation prompted the European Union (“EU”) Commission in February 2019 to launch a formal procedure that could lead to the temporary suspension of Cambodia's access to the Everything But Arms (“EBA”) trade scheme. The EU highlighted political rights, judicial repression of the opposition, shrinking civil society space, longstanding labour rights issues, and concerns over Economic Land Concessions as major causes for concern.
We urge the Royal Government of Cambodia to stop the legal harassment of members of the political opposition and other individuals exercising their fundamental rights, and to conduct thorough and independent investigations into any cases of physical violence. This must be accompanied by concrete measures to restore political and civic space, ensure respect for the human rights of all Cambodians, and foster a free and enabling environment for civil society.
For the list of endorsing organisations, see the full statement.