Ongoing judicial harassment against Mr. Ny Chakrya, Head of the Human Rights and Legal Aid Section of ADHOC

URGENT APPEAL - THEOBSERVATORY

New information

KHM 001 / 0715 / OBS 056.1

Judicialharassment / Arbitrary detention

Cambodia

July 22, 2015

The Observatory forthe Protection of Human Rights Defenders, a joint programme of theInternational Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), has received new information and requests your urgentintervention in the following situation in Cambodia.

New information:

TheObservatory has been informed by reliable sources about the ongoing judicialharassment against Mr. Ny Chakrya, Head of the Human Rights and LegalAid Section of the Cambodian Human Rights and Development Association (ADHOC),an FIDH member organisation in Cambodia. ADHOC monitors human rightsviolations, provides legal assistance to victims of human rights violations –including victims of land disputes - and engages in human rights advocacy.

Accordingto the information received, on July 19, 2015, the Deputy Prosecutor of thePhnom Penh Municipal Court decided to refer Mr. Ny Chakrya’s file on charges of“public defamation”, “acts of slanderous denunciation”, and “publication ofcommentaries to put pressure on jurisdiction” (Art. 305, 311, and 522 of theCriminal Code respectively) to the investigating judge.

Theinvestigating judge, who at this point is still unknown, will conduct judicialinvestigations in order to decide whether there are sufficient grounds tobelieve that Mr. Ny Chakrya committed the three counts of defamation. The investigating judge has the sole power toformally charge Mr. Ny Chakrya.

Mr. NyChakrya did not receive any notification from the Deputy Prosecutor, informinghim that his complaint and evidence had been submitted to the investigatingjudge. He found out from the Cambodian press, which the Deputy Prosecutor hadinformed on July 18, upon an inquiry on the progress in Mr. Ny Chakrya’s case.

TheObservatory strongly condemns the ongoing judicial harassment against Mr. NyChakrya, which only aims at sanctioning his legitimate human rights activities.

TheObservatory calls on the Cambodian authorities to put an end to threats andharassment against human rights defenders in the country.

Backgroundinformation:

Accordingto the summons received by his lawyers on June 26, 2015, and by Mr. Ny Chakryapersonally on July 1, 2015, the Phnom Penh Municipal summonsed Mr. Ny Chakryato appear for questioning before the Deputy Prosecutor of the Phnom PenhMunicipal Court on July 13, 2015.

Thisfollows a complaint filed by the investigating judge of the Siem ReapProvincial Court and the Deputy Prosecutor of the Siem Reap Provincial Court oncharges of “public defamation”, “acts of slanderous denunciation”, and“publication of commentaries to put pressure on jurisdiction” (Art. 305, 311, and522 of the Criminal Code respectively).

Thecomplaint was related to a press conference organised by ADHOC's office in SiemReap on May 12, 2015, during which Mr. Ny Chakrya, along with one ADHOC lawyer,Ms. Pouk Yarann, condemned the arbitrary arrest and detention of Mr. VenLorn and Mr. Beourn Sok, tworesidents of the Chup Romdeng Village (Phnom Sra Ngam area, Kantout Commune,Svay Leu District, Siem Reap Province) involved in a high profile land disputein the Siem Reap Province.

On May 15, 2015, theProsecution office of the Siem Reap Provincial Court published a statement threatening Mr. Ny Chakrya and Ms. Pouk Yarann that itwould initiate legal proceedings against them, alleging that the “provocativecomments” made during the press conference jeopardised the effectivefunctioning of the Cambodian judicial institutions and the on-going proceedingsin the concerned land dispute.

On May20, 2015, Mr. Ny Chakrya filed a complaint with the President of theDisciplinary Council of the Supreme Council of Magistracy, claiming that theproceedings against Mr. Ven Lorn and Mr. Beourn Sok were not conducted inaccordance with fair trial standards because of the lack of independence of theDeputy Prosecutor. No developments have been observed since the complaint wasfiled.

On June22, 2015, the Cambodian Bar Association lodged a disciplinary complaint againstMs. Pouk Yarann, accusing her to provide Mr. Ny Chakrya with legal advice whensubmitting the complaint to the Supreme Council of Magistracy. She was summonedfor questioning on July 3, 2015 by the Investigating Committee of the CambodianBar Association, which subsequently issued a report to the President of theCambodian Bar Association. Since then, there have been no developments.

On June17, 2015, at 8:30am, Mr. Ven Lorn and Mr. Beourn Sok were found guilty oncharges of inciting a group of residents of Chup Romdeng Village to destroy andintrude on the property of the agricultural development company, CommunityTakhmao Development Agricultural & Industrial[1].Mr. Ven Lorn and Mr. Beourn Sok were sentenced to six and eight months inprison respectively. Whereas Mr. Ven Lorn was released on July 3, 2015, afterserving his sentence, Mr. Boeurn Sok has still two months to serve.

Actions requested:

Please write to theauthorities of the Kingdom of Cambodia asking them to:

i. Put an end to allforms of harassment, including at the judicial level, against Mr. Ny Chakryaand Ms. Pouk Yarann as well as of all human rights defenders in the country;

ii. Guarantee in allcircumstances the physical and psychological integrity of Mr. Ny Chakrya andMs. Pouk Yarann as well as of all human rights defenders in Cambodia;

iii. Comply with allthe provisions of the United Nations Declaration on Human Rights Defenders,adopted by the UN General Assembly on December 9, 1998, in particular with:

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

• article 6.c which stipulates that everyone hasthe right [...] "to study, discuss, form and hold opinions on theobservance, both in law and in practice, of all human rights andfundamental freedoms and, through these and other appropriate means, todraw public attention to those matters";

• article 9.a which provides that everyone has theright […] “to complain about the policies and actions of individualofficials and governmental bodies with regard to violations of humanrights and fundamental freedoms, by petition or other appropriate means,to competent domestic judicial, administrative or legislative authoritiesor any other competent authority provided for by the legal system of theState, which should render their decision on the complaint without unduedelay”;

• as well as article 12.2, whichprovides that "the State shall take all necessary measures to ensurethe protection by the competent authorities of everyone, individually orin association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitraryaction as a consequence of his or her legitimate exercise of the rightsreferred to in the present Declaration";

iv. Guarantee therespect 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 RussianFederation 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. SarKheng, Minister of Interior, Ministry of Interior, 275 Norodom Blvd, PhnomPenh, Kingdom of Cambodia. Fax: + 855 23 212708

• Mr. Ang VongVathna, 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, PhnomPenh, Kingdom of Cambodia. Fax: + 855 23 216 144 / 855 23 216 141Email: mfaic@mfa.gov.kh

• Mr. Om Yentieng,Minister & President of the Cambodian Human Rights Committee, Officeof the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax: +855 12 81 3781 / +855 23 21 11 62 or +855 23 88 10 45 (c/o Council of Ministers)

• Mr. Bun Hun, Presidentof the Cambodian Bar Association, Building at the corner of Street 1129and 1930, Sangkat Phnom Penh Thmei, Khan Sen Sok, Phnom Penh, Kingdom ofCambodia, Tel: (855) 23 864 078, Fax: (855) 23 864 076, Email:info@bakc.org.kh

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

• Ambassador Mr. NeySamol, 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 also write tothe diplomatic representations of Cambodia in your respective countries.

***

Paris-Geneva, July22, 2015

Kindly inform us ofany action undertaken quoting the code of this appeal in your reply.

The Observatory, aFIDH and OMCT venture, is dedicated to the protection of human rights defendersand aims to offer them concrete support in their time of need.

To contact theObservatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 1880

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

[1] In 2014, TCIDA started clearingplots of agricultural land owned by village residents, affecting 31 familiesand a total of 90 hectares of land. A complaint has been filed by the familiesaffected, demanding the return of their land as well as the continuation of theuse of their land for cultivation purposes.