Judicial harassment of Mr. Chan Soveth

KHM004 / 0812 / OBS 075

Judicialharassment

Cambodia

August16, 2012

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.

Description of the situation:

TheObservatory has been informed by reliable sources of a citation to appear incourt issued against Mr. Chan Soveth, Senior Investigator and DeputyHead of the Monitoring Section of the Cambodian HumanRights and Development Association (ADHOC).

Accordingto the information received, on August 9, 2012, the Phnom Penh Municipal Courtissued a citation summoning Mr. Soveth to appear before an investigating judgeon August 24, 2012.

Mr.Soveth was charged with “providing assistance to the perpetrator” of a “crime”under Article 544 of the Cambodian Criminal Code, and faces an imprisonmentsentence of one to three years and a fine of two million to six million Riels.

Exactdetails behind this charge have not yet been disclosed by the government, butthey appear to be connected to a long-standing land dispute in Kratie province.On May 16, 2012, the government sent in hundreds of armed security personnel,supported by helicopters, to evict villagers who were living in an area inKratie province marked for development by a Russian company. During theeviction, Ms. Heng Chantha, a 14-year-old girl, was shot dead. Governmentofficials later justified the operation by claiming the villagers, some of whomare members of the Independent Democrats Association, were part of a secessionmovement. ADHOC released a statement on May 17 and condemned the killing of theyoung girl[1].It is believed that the charges against Mr. Soveth are linked to his sheltering of a land activist involved in this issue.The court citation was signed on August 9, 2012, just eight days after PrimeMinister Hun Sen made accusatory references in a nationally televised speech toan unnamed “human rights worker” for his role in providing assistance tovillagers in relation to this land dispute.

TheObservatory recalls that ADHOC has been repeatedly harassed by the governmentin recent years. In July 2012, armed police officers raided a training sessionon land rights organised jointly by ADHOC and the Cambodian Centre for HumanRights (CCHR) in Rattanakiri province[2].Moreover, Mr. Soum Chankea, ADHOC’s Provincial Coordinator in Banteay Meancheyprovince, faced spurious charges of defamation, which the court eventuallydropped in June 2012. Furthermore, in January 2011, Mr. Sam Chankea, ADHOC’scoordinator in Kampong Chhnang province, was convicted of defamation, inconnection to a critical statement he made about land-grabbing by a Cambodiancompany during an interview with Radio Free Asia in December 2009[3].

OnJuly 2012, independent radio station owner Mr. Mam Sonando was arrested and iscurrently in pre-trial detention in Phnom Penh, facing charges of 'secession'in relation to the same land dispute in Kratie[4].The government has yet to present any credible evidence substantiating itsclaims that a secessionist movement exists in Kratie.

The Observatoryexpresses its deepest concern about these acts of judicial harassment of Mr.Chan Soveth, since they seem to merely aim at hindering his human rightsactivities, in a context of continued governmental harassment against humanrights defenders, including against other ADHOC members. The Observatory thereforecalls upon the Cambodian authorities to stop any judicial actions against Mr.Chan Soveth aimed at curbing his legitimate human rights work and to put an endto all acts of harassment against him as well as against all human rightsdefenders in Cambodia.

Actions requested:

Please write to theCambodian authorities and ask them to:

i. Putan end to all acts of harassment – including at the judicial level – againstMr. Chan Soveth as well as against all human rights defenders and theirorganisations in Cambodia;

ii. Guaranteein all circumstances the physical and psychological integrity of all human rights defenders and theirorganisations in Cambodia;

iii. Conform with the provisions of theDeclaration on Human Rights Defenders, adopted on December 9, 1998 by theUnited Nations General Assembly, and in particular :

- Article1, which states that “everyone has the right, individually or in associationwith others, to promote the protection and realization of human rights andfundamental freedoms at the national and international levels”,

- and Article 12.2 which provides that “the Stateshall take all necessary measures to ensure the protection by the competentauthorities of everyone, individually and in association with others, againstany violence, threats, retaliation, de facto or de jure adverse discrimination,pressure or any other arbitrary action as a consequence of his or herlegitimate exercise of the rights referred to in the present Declaration”.

iv. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by Cambodia.

Addresses:

· Mr. Hun Sen, PrimeMinister, Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax:+855 23 36 06 66 / 855 23 88 06 24 (c/o Council of Ministers), Email: leewood_phu@nida.gov.kh

· Mr. H.E. Ang VongVathna, Minister of Justice, No 240, Sothearos Blvd, Phnom Penh, Kingdom ofCambodia, Fax: 023 364119. Email: moj@cambodia.gov.kh

· Mr. Sar Kheng, DeputyPrime Minister and Minister of Interior, Ministry of Interior, 275 NorodomBlvd, Phnom Penh, Kingdom of Cambodia, Fax: + 855 23 212708. Email: moi@interior.gov.kh

· Mr. Hor Nam Hong, DeputyPrime Minister and Minister of Foreign Affairs, 161 Preah Sisowath Quay, PhnomPenh, Kingdom of Cambodia, Fax: + 855 23 21 61 44 / + 855 23 21 69 39. Email: mfaicasean@bigpond.com.kh

· Ambassador Mr. Sun Suon,Permanent Mission of Cambodia to the United Nations in Geneva, Chemin deTaverney 3, Case postale 213, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22788 77 74. Email: camemb.gva@mfa.gov.kh; cambodge@bluewin.ch

Pleasealso write to the diplomatic representations of Cambodia in your respectivecountries.

***

Paris-Geneva,August 16, 2012

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, a FIDH and OMCT venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

· Email: Appeals@fidh-omct.org

· Tel and fax FIDH: +33(0) 1 43 55 25 18 / 01 43 55 18 80

· Tel and fax OMCT: + 41 22 809 49 39 / 41 22 80949 29

[1] During the eviction,Ms. Heng Chantha, a 14-year-old girl, was shot dead. Government officials laterjustified the operation by claiming the villagers, some of whom are members ofthe Independent Democrats Association, were part of a secession movement. ADHOCreleased a statement on May 17 and condemned the killing of the young girl.

[2] See Observatory Urgent Appeal KHM 003/ 0712 / OBS 073

[3] See Observatory Urgent Appeals KHM001 / 0111 / OBS 002 and KHM 001 / 0111 / OBS 002.1

[4] See Observatory PressRelease of July 17, 2012