Arbitrary detention and judicial harassment of environmental activist Mr. Ven Vorn

Arbitrarydetention /

Judicialharassment

Cambodia

October 9,2015

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and the International Federationfor Human Rights (FIDH), requests your urgent intervention in the followingsituation in Cambodia.

Briefdescription of the information:

TheObservatory has been informed by the Cambodian Center for Human Rights (CCHR) aboutthe arbitrary detention and judicial harassment of Mr. Ven Vorn, an Areng Valley environmentalactivist and a community leader for the indigenous Chong minority in Koh Kong Province.

Accordingto the information received, on October 7, 2015, at around12.20pm, Mr. Ven Vorn was arrested and sent to Koh Kong provincial prison. Thearrest followed the decision of Investigating Judge Mr. Min Makara, who hadquestioned Mr. Ven Vorn the same morning and charged him with “harvestingtimber products and/or non-timber forest products without a permit” (Article 98of the Forestry Law) and “destruction of evidence” (Article 533 of the CriminalCode).

Both ofthese charges relate to the construction by Mr. Vorn and a group of localactivists of a small visitor centre and community meeting place for localactivists involved in a campaign against the proposed construction of a hydropowerdam in the Areng Valley. The hydropower dam poses a threat to their land,livelihood and the natural environment. For this project, Mr. Vorn and othershad purchased approximately 10 cubic metres of wood from a vendor in 2014, whichauthorities claimed had been procured by the vendor through illegal logging.

On April 3,2015, Mr. Ven Vorn was questioned at the Koh Kong provincial court in relationto the same alleged illegal logging incident before being released on the sameday.

As of the issuingof this Urgent Appeal, Mr. Ven Vorn remains in detention in Koh Kong provincialprison.

Mr. Ven Vornhas been targeted by the authorities in the past due to his human rightsactivities. On September 2, 2015, he was among 17 people arrested outside KohKong provincial court, where he was protesting for the release of three jailedactivists from the environmental NGO Mother Nature, namely Messrs. Sim Samnang, Tri Sovichea and Sun Mala,who had also been involved in protests against the hydroelectric dam. They havebeen charged with “threatening to destroy dredging barges”, and have been indetention since August 17, 2015 in Koh Kong provincial prison.

TheObservatory strongly condemns the arbitrary detention of and judicialharassment against Mr. Ven Vorn,which only aims at sanctioning his legitimate human rights activities, andcalls on the Cambodian authorities to release himimmediately and unconditionally.

Actionsrequested:

Please writeto the authorities of the Kingdom of Cambodia asking them to:

i. Guaranteein all circumstances the physical and psychological integrity of Messrs. VenVorn, Sim Samnang, Tri Sovichea, andSun Mala as well as of all human rights defenders in Cambodia;

ii. Release Messrs. Ven Vorn, Sim Samnang, Tri Sovicheaand Sun Mala immediately and unconditionally sincetheir detention is arbitrary as it only aims at curtailing their human rightsactivities;

iii.Put an end to all forms of harassment, including at the judicial level,against Messrs. Ven Vorn, Sim Samnang, Tri Sovichea and Sun Mala as well as ofall human rights defenders in the country so that they are able to carry outtheir work without hindrance;

iv. Complywith all the provisions of the United Nations Declaration on Human RightsDefenders, adopted by the UN General Assembly on December 9, 1998, inparticular with its:

- Article 1, which statesthat "everyone has the right, individually or collectively, to promote theprotection and fulfilment of human rights and fundamental freedoms at thenational and international levels",

- as well as Article 12.2,which provides that "the State shall take all necessary measures to ensurethe protection by the competent authorities of everyone, individually or inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration";

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

Addresses:

· Mr. Hun Sen, Prime Minister, Office of the Prime Minister, 41Russian Federation Blvd, Phnom Penh, Kingdom of Cambodia. Fax: +855 23360666 / 855 23 880624 (c/o Council of Ministers), Email: leewood_phu@nida.gov.kh / cppparty@gmail.com

· Mr. Sar Kheng, Minister of Interior, Ministry of Interior, 275 NorodomBlvd, Phnom Penh, Kingdom of Cambodia. Fax: + 855 23 212708

· Mr. Ang Vong Vathna, Minister of Justice, Ministry of Justice, 240Sothearos Blvd, Phnom Penh, Kingdom of Cambodia. Fax: + 855 23 364 119

· Mr. Hor Nam Hong, Minister of Foreign Affairs, 161 Preah Sisowath Quay,Phnom Penh, Kingdom of Cambodia. Fax: + 855 23 216 144 / 855 23 216 141Email: mfaic@mfa.gov.kh

· Mr. SokAn, Deputy Prime Minister, Fax: +855 23 882 065, Email: leewood_phu@nida.gov.kh / info@pressocm.gov.kh

· Mr. OmYentieng, Minister & President of the Cambodian Human Rights Committee,Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax: +855 12 8137 81 / +855 23 21 11 62 or +855 23 88 10 45 (c/o Council of Ministers)

· Mr. BunHun, President of the Cambodian Bar Association, Building at the corner ofStreet 1129 and 1930, Sangkat Phnom Penh Thmei, Khan Sen Sok, Phnom Penh,Kingdom of Cambodia, Tel: +855 23 864 078. Fax: +855 23 864 076, Email: info@bakc.org.kh

· AmbassadorMr. Ney Samol, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, Chemin de Taverney 3, PO Box213, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 788 77 74, Email: camemb.gva@mfa.gov.kh

Please alsowrite to the diplomatic representations of Cambodia in your respectivecountries.