Continued judicial harassment against Ny Chakrya

UPDATE 18.07.2016

On July 18, 2016 at 8am, the trial of Mr. Ny Chakrya, former Head of the Human Rights and MonitoringSection of the Cambodian Human Rights and Development Association (ADHOC) and serving Deputy Secretary-General of theNational Election Committee (NEC) - in his and his three lawyers’ presence - commenced. Twenty minutes into the hearing, Mr. Ny Chakrya’s lawyer announced the submission of a complaint to the Court of Appeal, requesting a change in the trial judge. Within 30 days, the Court of Appeal will need to process his complaint and set a hearing date, during which they will render their decision to this effect. Mr. Ny Chakrya requested such a change, as the sitting judge was unwilling to hear his complaint, condemning the absence of both plaintiffs, i.e. the two judicial officials of the Siem Reap Provincial Court (see background information), preventing him from challenging them in court. Mr. Ny Chakrya also raised that the lack of response to his complaint for disciplinary proceedings against the two judicial officials to the Supreme Council of Magistracy and the Ministry of Justice last year was reason for postponement of his trial.

Newinformation

KHM 002 / 0715 / OBS 056.3

Judicialharassment

Cambodia

July 15,2016

TheObservatory for the Protection of Human Rights Defenders, a partnership of theWorld Organisation Against Torture (OMCT) and FIDH, has received newinformation and requests your urgent intervention in the following situation inCambodia.

Newinformation:

(c) ADHOC

TheObservatory has been informed by reliable sources about the continued judicialharassment against Mr. Ny Chakrya, former Head of the Human Rights and MonitoringSection of the Cambodian Human Rights and Development Association (ADHOC) and serving Deputy Secretary-General of theNational Election Committee (NEC).

According to the information received, on July 18,2016, at 8.00am, Mr. Ny Chakrya will stand trial on defamation charges at thePhnom Penh Municipal Court. The Observatory recalls that Mr. Ny Chakrya isfacing charges of “public defamation”, “acts of slanderous denunciation”, and“publication of commentaries to put pressure on jurisdiction”, under Articles305, 311, and 522 of the Cambodian Criminal Code (see background information). Mr.Ny Chakrya could face up to one-and-a-halfyears in prison, in addition to a fine, for the three charges combined[1].

The Observatory further recalls that Mr. Ny Chakrya hasbeen in pre-trial detention since May 2, 2016, in relation to another case inwhich he is accused of having been an accomplice in the bribing of a witness[2].

TheObservatory strongly condemns the ongoing judicial harassment of Mr. NyChakrya, which only aims at sanctioning his legitimate human rights activities.The Observatory demands the Cambodian authorities end Mr. Ny Chakrya harassmentand immediately and unconditionally release him.

Until the charges against Mr.Ny Chakrya aredropped, the Observatory urges the Cambodian authorities to ensure that alljudicial proceedings against him are carried out in full compliance with hisright to a fair trial, as protected under international law.

Background information:

OnJuly 13, 2015, Mr. Ny Chakrya was summoned to appear before the DeputyProsecutor of the Phnom Penh Municipal Court. On that day, Mr. Ny Chakrya wasaccused of “public defamation” (Article 305 of the Criminal Code), “acts ofslanderous denunciation” (Article 311 of the Criminal Code), and “publicationof commentaries to put pressure on jurisdiction” (Article 522 of the CriminalCode), following a complaint filed on May 29, 2015, by the investigating judge andthe Deputy Prosecutor of the Siem Reap Provincial Court on the above-mentionedcharges.

Thecomplaint was related to a press conference organised by ADHOC in Siem Reap onMay 12, 2015, during which Mr. Ny Chakrya, along with one ADHOC lawyer, Ms. Pouk Yarann, condemned the arbitraryarrest and detention of two victims involved in a high-profile land dispute in SiemReap Province.

OnMay 15, 2015, the Office of Prosecutor of the Siem Reap Provincial Courtpublished a statement threatening to initiate legal proceedings against Mr. NyChakrya and Ms. Pouk Yarann. The statement alleged that “provocative comments”made during the press conference jeopardised the performance of the Cambodianjudicial institutions and the on-going proceedings in the related land dispute.

OnMay 20, 2015, Mr. Ny Chakrya filed a complaint with the President of theDisciplinary Council of the Supreme Council of Magistracy, claiming that the proceedingsagainst the two victims involved in the land dispute had not been conducted inaccordance with fair trial standards because of a lack of independence on thepart of the investigating judge and Deputy Prosecutor of the Siem ReapProvincial Court. To date, the Supreme Council of Magistracy has not respondedto Mr. Ny Chakrya’s complaint.

OnJune 22, 2015, the Cambodian Bar Association lodged a disciplinary complaintagainst Ms. Pouk Yarann, accusing her of providing legal advice to Mr. NyChakrya before he submitted his complaint to the Supreme Council of Magistracy.She was summoned for questioning on July 30, 2015, by the InvestigatingCommittee of the Cambodian Bar Association, which subsequently issued a reportto the President of the Cambodian Bar Association. Since then, there have beenno developments.

OnJuly 18, 2015, the Deputy Prosecutor of the Phnom Penh Municipal Court decidedto refer Mr. Ny Chakrya’s case related to the above-mentioned charges of “publicdefamation”, “acts of slanderous denunciation”, and “publication ofcommentaries to put pressure on jurisdiction” to the investigating judge.

OnOctober 7, 2015, the wife of Mr. Ny Chakrya received a subpoena delivered to theirhome address, requesting Mr. Ny Chakrya to appear in camera before the investigatingjudge of the Phnom Penh Municipal Courton October 21, 2015. Pursuant to Article 188 of the Cambodian CriminalProcedure Code, a subpoenahas to be delivered personally to the concerned person, who then either signsor fingerprints the document in orderto confirm its delivery. The fact that the subpoena was handed to Mr. NyChakrya’s is therefore a violation of the Criminal Procedure Code. Mr. NyChakrya subsequently declared that he would not go to court unless a newsubpoena was issued for him to fingerprint/sign.

OnMarch 14, 2016, Mr. Ny Chakrya was summoned to appear before the investigating judgeat the Phnom Penh Municipal Court for questioning on April 6, 2016. This time,he attended the meeting.

OnMay 30, 2016, the Prosecutor of the Phnom Penh Municipal Court filed his finalsubmission to the investigating judge. On May 31, 2016, the investigating judgecharged Mr. Ny Chakrya with the three counts of defamation under Articles 305,311, and 522 of the Criminal Code.

Actionsrequested:

Pleasewrite to the authorities of the Kingdom of Cambodia asking them to:

i.Put an end to all forms of harassment, including at the judicial level, againstMr. Ny Chakrya, as well as against Messrs. Ny Sokha, Nay Vanda, Yi Soksan, Soen Sally, and Ms. LimMony, and all human rights defenders in the country so that they are able to carry out their workwithout hindrance;

ii.Guarantee in all circumstances the physical and psychological integrity of Mr.Ny Chakrya, as well as of all human rights defenders in Cambodia;

iii. Immediately and unconditionally release Messrs.Ny Chakrya, Ny Sokha, Nay Vanda,Yi Soksan, and Ms. Lim Mony as their detention is arbitrary since it only aims atsanctioning their human rights activities;

iv.Comply with all the provisions of the UN Declaration on Human Rights Defenders,adopted by the United Nations General Assembly on December 9, 1998, inparticular with its Articles 1, 5(b), and 12.2;

v.Guarantee the respect of human rights and fundamental freedoms in accordancewith the Universal Declaration of Human Rights and other international humanrights instruments signed or ratified by the Kingdom of Cambodia.

Addresses

· Mr. Hun Sen, Prime Minister, Officeof the Prime Minister, Kingdom of Cambodia. Fax: +855 23 360666 / 855 23 880624(c/o Council of Ministers), Email: leewood_phu@nida.gov.kh/ cppparty@gmail.com

· Mr. Sar Kheng, Minister of Interior,Kingdom of Cambodia. Fax: +855 23 212708

· Mr. Ang Vong Vathna, Minister ofJustice, Ministry of Justice, Kingdom of Cambodia. Fax: +855 23 364 119

· Mr. Prak Sokhon, Minister of ForeignAffairs, Kingdom of Cambodia. Fax: +855 23 216 144 / 855 23 216 141 Email: mfaic@mfa.gov.kh

· Mr. Sok An, Deputy Prime Minister ofthe Kingdom of Cambodia, Fax: +855 23 882 065, Email: leewood_phu@nida.gov.kh / info@pressocm.gov.kh

· Mr. Keo Remy, President of theCambodian Human Rights Committee, Office of the Prime Minister, Kingdom ofCambodia, Fax: +855 12 81 37 81 / +855 23 21 11 62 or +855 23 88 10 45 (c/oCouncil of Ministers)

· Mr. Bun Hun, President of theCambodian Bar Association, Fax: +855 23 864 076, 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.

[1] An English translation of the provisions of the Criminal Code can beaccessed at the following link: https://www.unodc.org/res/cld/document/khm/criminal_code_of_the_kingdom_of_cambodia_html/Cambodia_Criminal-Code-of-the-Kingdom-of-Cambodia-30-Nov-2009-Eng.pdf

[2] Mr. Ny Chakrya has been arbitrarily detainedsince May 2, 2016, along with Messrs.Ny Sokha, Nay Vanda, Yi Soksan, and Ms. Lim Mony, four ADHOC staff members, underbribery charges for providing legal and material assistance to a client. Ifconvicted, the five human rights defenders could face fromfive to ten years’ imprisonment. For more information, seeObservatory Urgent Appeal KHM 001/0616/OBS 047, issued on June 14, 2016.