Joint Statement: On the 1st anniversary of the arbitrary detention of land rights defender Tep Vanny, CSOs call for her release #FreeTepVanny

Phnom Penh, 14 August 2017 — Tep Vanny, one of Cambodia’s most prominent landactivists and human rights defenders, will have spent one year in prison on 15August for defending her community and exercising her human rights. We, theundersigned, condemn her arbitrary imprisonment. We call for her convictions tobe overturned, for all ongoing politically motivated and unsubstantiatedcharges against her to be dropped, and for her immediate release from prison.

Tep Vanny has fought tirelessly to protect the rights of members of theBoeung Kak Lake community, following their forced eviction from their homes inPhnom Penh. More recently, she played a leading role in the so-called ‘Black Monday”campaign, challenging the arbitrary pre-trial detention of five human rightsdefenders, Lim Mony, Ny Sokha, Yi Soksan, Nay Vanda, and Ny Chakrya (the“Freethe5KH” detainees).

On 22 August 2016, following her arrest at a protest calling for therelease of the five, she was convicted of ‘insulting of a public official’, andsentenced to six days in prison. However, instead of releasing her based ontime served, the authorities reactivated dormant charges dating back to a 2013protest and kept her in detention.

“It is clear that theauthorities are using the courts to lock me up, silence my freedom ofexpression and break my spirit” said Tep Vanny. They want to stop me from advocating andseeking a solution for the remaining people from Boeung Kak Lake as well asother campaigns to demand justice in our society.”

On 19 September 2016, Tep Vanny was sentenced, along with three otherBoeung Kak Lake community activists, to six months imprisonment for “insultingand obstructing public officials” in a reactivated case related to a 2011 peacefulprotest calling for a resolution to the Boeung Kak Lake land dispute, despitethe absence of credible inculpatory evidence. This conviction has since beenupheld by the Court of Appeal on 27 February 2017. On 23 February 2017,following proceedings which fell short of fair trial standards,[1] Tep Vanny was convicted of“intentional violence with aggravating circumstances”, sentenced to a further 30months in prison and fined more than 14 million riel (about US $3,500 – ortwice the annual minimum wage in Cambodia) for having peacefully participatedin protests calling for the release of her fellow activist Yorm Bopha, back in2013.

While the #FreeThe5KH human rights defenders were released on bail on 29June 2017, after having spent 427 days in arbitrary detention,[2] Tep Vanny remains inprison. She is currently on trial in a third reactivated case, facing chargesof “public insult” and “death threats” brought by another member of the BoeungKak Lake community, despite the complaint having been dropped by the communitymember.[3] On 8 August 2017, thePhnom Penh Court of Appeals upheld her February 2017 conviction.

Human rightsdefenders, like any other person, should enjoy all the fundamental freedoms andrights guaranteed by international human rights law and the Constitution ofCambodia. This includes the rights to freedom of expression, peaceful assemblyand association guaranteed by the International Covenant on Civil and PoliticalRights, to which Cambodia is a State Party. The UN Declaration on Human RightsDefenders[4] affirms the right topromote and strive for the protection and realization of human rights andfundamental freedoms, as well as the duty of all states to allow them to workpeacefully and safely, and to protect them from arrest, violence, threats,retaliation and anydiscrimination. In 2013, the UN General Assembly specifically recognized thevaluable work of women human rights defenders, and the systemic and structuraldiscrimination and violence they face, and called on States to ensure they canperform their important role.[5]

Humanrights defenders are regularly subject to harassment through the criminal judicialsystem in Cambodia. Among the most commonly used tactics are suspendedsentences and arbitrary resurrection of dormant charges which are used tointimidate human rights defenders and deter them from further activities. Tep Vanny’s currentimprisonment is only the latest in a series of acts of harassment aimed atsilencing her. It contributes to creating an atmosphere of fear for humanrights defenders and other individuals throughout Cambodia. As a result of her imprisonment, TepVanny is prevented from carrying out her peaceful and valuablework as a woman human rights defender. Peaceful protest and expressionsof dissent are not a crime, and human rights defenders should not be penalizedfor the exercise of their human rights.

“TepVanny is innocent. She is a woman who is greatly committed to fulfilling herduty as a citizen. Yet, she has been imprisoned three times already, because ofthe Cambodian judicial system” said Song Sreyleap, a fellowBoeung Kak Lake community activist. “TepVanny is the only woman activist in Cambodia who has been imprisoned andarrested so many times. This is very unjust for her; her children have to livewithout the mother’s care for one year. However, even with all the threats, herwill remains unchanged.”

We call on the Cambodian authorities to quash the convictions of TepVanny, to release her from prison, and to cease their harassment of Ms. TepVanny and other Boeung Kak Lake activists through arrests, prosecution andimprisonment.

This joint statement is endorsed by:

1. Adil Soz - InternationalFoundation for Protection of Freedom of Speech

2. Amnesty International

3. ARTICLE 19

4. ASEAN Parliamentariansfor Human Rights (APHR)

5. Association of CaribbeanMedia Workers

6. Boeung Bram community

7. Boeung Chhouk Community

8. Boeung Kak Community

9. Boeung Trabek Community

10. CamASEAN Youth’s Future

11. Cambodia Development People Life Association (CDPLA)

12. Cambodia Indigenous Youth Association (CIYA)

13. Cambodian Alliance Trade Unions (CATU)

14. Cambodian Center for Human Rights

15. Cambodian Domestic Workers Network (CDWN)

16. Cambodian Food and Service Workers' Federation (CFSWF)

17. Cambodian Human Rights and Development Association (ADHOC)

18. Cambodian Independent Teacher Association (CITA)

19. Cambodian Informal Economic Workers Association (CIEWA)

20. Cambodian Labour Confederation (CLC)

21. Cambodian League for the Promotion and Defense of Human Rights

22. Canadian Journalists for Free Expression

23. Cartoonists Rights Network International

24. Center for Alliance of Labor and Human Rights (CENTRAL)

25. Center for Independent Journalism - Romania

26. Centro de Reportes Informativos sobre Guatemala - CERIGUA

27. Digital Rights Foundation

28. FIDH, within the framework of the Observatory for the Protection of HumanRights Defenders

29. Foundation for Press Freedom - FLIP

30. Free Media Movement

31. Freedom Forum

32. Gender and Development for Cambodia (GADC)

33. Globe International Center

34. Housing Rights Task Force (HRTF)

35. Independent Journalism Center - Moldova

36. Independent Monk Network for Social Justice (IMNSJ)

37. Indigenous Youth at Brome Commune, Preah Vihear Province

38. InternationalCommission of Jurists (ICJ)

39. International Press Centre (IPC)

40. Khmer Kampuchea Krom for Human Rights and Development Association(KKKHRDA)

41. Kuoy Ethnic Community, Prame Village, Preah Vihear Province

42. Land Community, Prek Chik Village, Chikhor Kraom Commune, Koh KongProvince

43. Land Conflict Community, Krenh Village, Pailin Province

44. Land Conflict Community, Skun Village, Siem Reap

45. Lor Peang community,Kampong Chhnang Province

46. Media Institute of Southern Africa (MISA)

47. National Union of Somali Journalists (NUSOJ)

48. Norwegian PEN

49. PEN American Center

50. PEN Canada

51. Ponlok Khmer

52. Railway Station, Toul Sangkae A community

53. Reach Sey Samaky Land Community Romchek Village, Battambang

54. Samakum Teang Tnaut (STT)

55. SFLC.in

56. SOS International Airport Community

57. Southeast Asian Press Alliance

58. The Alliance for Conflict Transformation (ACT)

59. The Asia Democracy Network

60. The Building and Wood Workers Trade Union (BWTU)

61. Vigilance pour la Démocratie et l’État Civique

62. World Association of Community Radio Broadcasters - AMARC

63. World Organisation Against Torture (OMCT), within the framework of theObservatory for the Protection of Human Rights Defenders

[1] Joint statement bycivil society group, ‘Tep Vanny convicted again as para-police attackssupporters’ (23 Feb 2017), http://bit.ly/2lcS2TL.

[2] Press release by#Freethe5KH Campaign, welcoming their release and calling for all charges to bedropped (30 Jun 2017), http://bit.ly/2thSwjq.

[3] Joint press release: ‘Cambodia:drop charges against land rights defenders’ (14 Jul 2017), http://bit.ly/2uzdXgb.

[4] United Nations GeneralAssembly Resolution, ‘Declaration on the Right and Responsibility ofIndividuals, Groups and Organs of Society to Promote and Protect UniversallyRecognized Human Rights and Fundamental Freedoms’ (8 Mar 1999), http://bit.ly/19w8LEm.

[5] United Nations GeneralAssembly Resolution ‘Promotion of the Declaration on the Right andResponsibility of Individuals, Groups and Organs of Society to Promote andProtect Universally Recognized Human Rights and Fundamental Freedoms:protecting women human rights defenders’, (18 Dec 2013), http://goo.gl/yz4xwt.