Ongoing judicial harassment and arbitrary detention of Messrs. Ny Chakrya, Ny Sokha, Yi Soksan, Nay Vanda, and Ms. Lim Mony - #FreeThe5KH

KHM 001 / 0616 / OBS 047.2

Judicialharassment /

Arbitrarydetention

Cambodia

December9, 2016

The Observatory for the Protection of Human RightsDefenders, a partnership of FIDH and the World Organisation Against Torture(OMCT), has received new information and requests your urgent intervention inthe following situation in Cambodia.

New information:

The Observatory has been informed by reliablesources about the ongoing judicial harassment and arbitrary detention of Mr. NyChakrya, former Head of the Human Rights and Monitoring Section of theCambodian Human Rights and Development Association (ADHOC) and now DeputySecretary-General of the National Election Committee (NEC), as well as of fourADHOC staff members, Messrs. Ny Sokha,Yi Soksan, Nay Vanda, and Ms. Lim Mony.

According to theinformation received, on November 30, 2016, the Supreme Court upheld a previous decision adopted by the Court ofAppeals on June 13, 2016 to refuse torelease Messrs. Ny Chakrya, NySokha, Yi Soksan, Nay Vanda, and Ms. Lim Mony on bail. The Court based its decision on Article 205 of the Criminal Procedure Code[1],therefore, upholding the continued applicability of both detention grounds,i.e. to maintain public order and prevent collusion with accomplices, victims,and witnesses.

The Supreme Court’s verdictwas preceded by two other Court of Appeals rulings. On November 11, 2016, thefive defenders were denied bail for the second time by the Court of Appeals (seeBackground information). On November 28, 2016, the Court of Appeals upheld theextension of the pre-trial detention for another six months and refused toclose the investigation. The Court argued that the issues of the extension ofthe detention and the continuation of the investigation were up to thediscretion of the Investigating Judge of the Phnom Penh Municipal Court.

The Observatory considersthat this decision infringes upon Article208 of the Criminal Procedure Code because there is no “clear andwell-motivated warrant” to extend the detention, as stipulated in the article[2].

The Observatory strongly condemns the ongoingarbitrary detention of Messrs. Ny Chakrya, Ny Sokha, Yi Soksan, Nay Vanda, andMs. Lim Mony, which only aims at sanctioning their legitimate human rightsactivities, and calls upon the Cambodian authorities to immediately and unconditionallyrelease the five human rights defenders.

Until theirunconditional release, the Observatory further urges the Cambodian authoritiesto ensure that all judicial proceedings against them are carried out in fullcompliance with their right to a fair trial, as protected under internationallaw.

Backgroundinformation:

On April 27 and 28, 2016, Messrs. Ny Sokha, NayVanda, Yi Soksan, Try Chhuon, and Ms. Lim Mony - as well as Mr. Ny Chakrya werebrought in for questioning by the Anti-Corruption Unit (ACU). UNOHCHR officialMr. Soen Sally, who was also summoned, did not appear before the ACU dueto his immunity as a UN staff member.

OnMay 2, 2016, following five to six days of questioning by the ACU and then bythe prosecutor, Messrs. Ny Sokha, Nay Vanda, Yi Soksan, and Ms. Lim Mony werecharged with “bribery of a witness” under Article 548 of the Criminal Code anddetained. In addition, Messrs. Ny Chakrya and Soen Sally were charged as“accomplices to bribery of a witness” (Articles 29 and 548 of the CriminalCode). Mr. Ny Chakrya was also detained.

Thecharges were related to a complaint signed by Ms. Khom Chandaraty (also knownas Ms. Srey Mom), which was lodged following her questioning in March 2016 byanti-terrorism police and a prosecutor about an alleged affair with deputyopposition leader Mr. Khem Sokha, after ADHOC responded to Ms. Srey Mom’srequest for legal and material assistance - a US$204 allowance to cover foodand transport costs. This legitimate support, aimed at covering the basicexpenses of a client, was construed by the ACU as bribery and corruption.

OnJune 13, 2016, the Court of Appeals in Phnom Penh denied bail to Messrs. NyChakrya, Ny Sokha, Nay Vanda, Yi Soksan, and Ms. Lim Mony. The defendantsappealed the decision.

OnSeptember 22, 2016, the Phnom Penh Municipal Court sentenced Mr. Ny Chakrya to six months in prison anda six-million-Riel (about 1,414 Euros) fine in relation to another criminalcase[3].Mr. Ny Chakrya filed an appealagainst his conviction. After a hearing scheduled on December 6, 2016, theCourt of Appeals is expected to render its decision on December 14, 2016.

OnSeptember 28, 2016, the Phnom Penh Municipal Court denied bail to Messrs. Ny Chakrya, NySokha, Yi Soksan, Nay Vanda, and Ms. Lim Mony.

OnOctober 27, 2016, as the period of pre-trial detention of Messrs. Ny Chakrya,Ny Sokha, Yi Soksan, Nay Vanda, and Ms. Lim Mony was about to expire, the PhnomPenh Municipal Court extended the detention of thefive for up to another six months under the pretext that the defendants neededto remain available for any further interrogation and court procedures.

Messrs.Ny Sokha, Nay Vanda, and Yi Soksan remain in detention in Prey Sar’sCorrectional Centre 1 (‘CC1’), while Ms. Lim Mony is detained in Prey Sar’sCorrectional Centre 2 (‘CC2’). Mr. Ny Chakrya is detained in Police Judiciaire(PJ) prison. All three jails are located in Phnom Penh. All of the detaineesare being held alongside convicted criminals, contrary to Article 10(2)(a) ofthe International Covenant on Civil and Political Rights (ICCPR), and Article26 of Cambodia’s Law on Prisons.

Actionsrequested:

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

i.Immediately and unconditionally releaseMessrs. Ny Chakrya, Ny Sokha, Yi Soksan, Nay Vanda, and Ms. Lim Mony as their detention is arbitrary sinceit only aims at sanctioning their human rights activities;

ii.Guarantee in all circumstances their physical and psychological integrity, aswell as that of all human rights defenders in Cambodia;

iii. Put an end to all forms ofharassment, including at the judicial level, against Messrs. Ny Chakrya, NySokha, Yi Soksan, Nay Vanda, and Ms. Lim Mony and all human rights defenders in the country so that they areable to carry out their work without hindrance;

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 on Human Rights and other international humanrights instruments signed or ratified by the Kingdom of Cambodia.

Addresses:

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

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

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

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

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

· Mr. Keo Remy, President of the Cambodian HumanRights Committee, Office of the Prime Minister, Kingdom of Cambodia. Fax: +85512 81 37 81 / +855 23 21 11 62 or +855 23 88 10 45 (c/o Council of Ministers)

· Mr. Bun Hun, President of the Cambodian BarAssociation. Fax: +855 23 864 076, Email: info@bakc.org.kh

· Ambassador Mr. Ney Samol, Permanent Mission of theKingdom of Cambodia to the United Nations in Geneva, Switzerland. Fax: +41 22788 77 74, Email: camemb.gva@mfa.gov.kh

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

***

Paris-Geneva,December 9, 2016

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

TheObservatory for the Protection of Human Rights Defenders (the Observatory)was created in 1997 by FIDH and OMCT. The objective of this programme isto prevent or remedy situations of repression against humanrights defenders. FIDH and OMCT are both membersof ProtectDefenders.eu, the European Union Human Rights DefendersMechanism implemented by international civil society.

[1]Article 205 of the Criminal Procedure Code states that “provisional detentionmay be ordered when it is necessary to: […] prevent any harassment of witnessesor victims or prevent any collusion between the charged person andaccomplices”.

[2]Article 208 of the Criminal Procedure Code states that “for an adult accused ofa felony, the pre-trial detention shall not exceed 6 (six) months. However,when this time period ends, the investigating judge can extend the pre-trialdetention for another 6 (six) months each time, by a clear and well-motivatedwarrant”.

[3]See Observatory’s Press Release, September 23, 2016.