Judicial harassment against Mr. Ny Chakrya

KHM 001 /0715 / OBS 056

Judicialharassment / Arbitrary detention

Cambodia

July 7, 2015

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

Descriptionof the situation:

TheObservatory has been informed by reliable sources about the judicial harassmentagainst Mr. Ny Chakrya, Head of the Human Rights and Legal Aid Sectionof the Cambodian Human Rights and Development Association (ADHOC), an FIDHmember organisation in Cambodia. ADHOC, among others, provides legal assistanceto victims of human rights violations – including victims of land disputes,engages in human rights advocacy, and monitors human rights violations.

According tothe summons received by his lawyers on June 26, 2015, and by Mr. Chakyrapersonally on July 1, 2015, the Phnom Penh Municipal Court requested Mr.Chakrya to appear before the Deputy Prosecutor of the Phnom Penh MunicipalCourt on July 13, 2015.

Mr. NyChakrya has been charged with “public defamation”, “acts of slanderousdenunciation”, and “publication of commentaries to put pressure onjurisdiction” (Art. 305, 311 and 522 of the Criminal Code respectively).

This followsa complaint filed by the investigating judge of the Siem Reap Provincial Courtand the Deputy Prosecutor of the Siem Reap Provincial Court.

On May 15,2015, the Prosecution office of the Siem Reap Provincial Court made a publicstatement in response to a press conference organised by ADHOC's main office inPhnom Penh on May 12, 2015, during which Mr. Ny Chakrya, along with one ADHOClawyer, condemned the arbitrary arrest and detention of Mr. Ven Lorn andMr. Beourn Sok, two residents of the Chup Romdeng Village (Phnom SraNgam area, Kantout commune, Svay Leu district, Siem Reap province) involved ina high profile land dispute in the Siem Reap province.

On June 17at 8:30am, both were found guilty on charges of inciting a group of residentsof Chup Romdeng Village to destroy and intrude on the property of theagricultural development company, Community Takhmao Development Agricultural& Industrial[1], withMr. Ven Lorn sentenced to six and Mr. Beourn Sok, sentenced to eight monthsimprisonment. Whereas Mr. Ven Lorn was released on July 3, 2015, upon servinghis sentence, Mr. Boeurn Sok has still two months to serve.

In itsabove-mentioned public statement, the Office of the Prosecutor of the Siem ReapProvincial Court threatened Mr. Ny Chakrya and the ADHOC lawyer defending thetwo victims involved in the land dispute that it would initiate legalproceedings against them, alleging that their “provocative comments” madeduring the press conference jeopardised the effective functioning of the Cambodianjudicial institutions and the ongoing proceedings in the concerned landdispute.

On May 20,2015, Mr. Ny Chakrya filed a complaint with the President of the DisciplinaryCouncil of the Supreme Council of Magistracy, claiming that the proceedingsagainst Mr. Ven Lorn and Mr. Beourn Sok were not conducted in accordance withfair trial standards because of the lack of independence and autonomy of theDeputy Prosecutor. No developments have been observed since the complaint wasfiled.

TheObservatory strongly condemns the judicial harassment against Mr. Ny Chakrya,which only aims at sanctioning his legitimate human rights activities, as wellas the arbitrary arrest, detention and wrongful convictions against Mr. VenLorn and Mr. Beourn Sok.

TheObservatory calls on the Cambodian authorities to drop all charges against Mr.Ny Chakrya and to put an end to threats and harassment against human rightsdefenders in the country.

Actionsrequested:

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

i. Put anend to all forms of harassment, including at the judicial level, against Mr. NyChakrya as well as of all human rights defenders in the country;

ii.Immediately and unconditionally release Mr. Beourn Sok;

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

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:

• article 1, which states that "everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels",

• article 5.b which stipulates that everyone has the right "to form, join and participate in non-governmental organisations, associations or groups",

• as well as article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present 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, 41 Russian Federation Blvd, Phnom Penh, 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, Ministry of Interior, 275 Norodom Blvd, Phnom Penh, Kingdom of Cambodia. Fax: + 855 23 212708

• Mr. Ang Vong Vathna, Minister of Justice, Ministry of Justice, 240 Sothearos 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 23 216 141 Email: mfaic@mfa.gov.kh

• Mr. Om Yentieng, Minister & President of the Cambodian Human Rights Committee, Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax: +855 12 81 37 81 / +855 23 21 11 62 or +855 23 88 10 45 (c/o Council of Ministers)

• Mr. Sok An, Deputy Prime Minister, Fax: + (+855) 23 882 065, Email: leewood_phu@nida.gov.kh, info@pressocm.gov.kh

• Ambassador Mr. Ney Samol, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, Chemin de Taverney 3, Case postale 213, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 788 77 74, Email: camemb.gva@mfa.gov.kh / cambodge@bluewin.ch

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

[1] In 2014, TCIDA started clearing plots of agricultural land owned by villageresidents, affecting 31 families and a total of 90 hectares of land. Acomplaint has been filed by the families affected, demanding the return oftheir land as well as the continuation of the use of their land for cultivationpurposes.