Ongoing judicial harassment of land rights activist Ms. Tep Vanny

KHM 002 / 0816 / OBS 077.1

Arbitrarydetention /

Judicialharassment

Cambodia
January 27, 2017

The Observatory for the Protection of Human Rights Defenders, a jointpartnership of the World Organisation Against Torture (OMCT) and FIDH, hasreceived new information and requests your urgent intervention in the followingsituation in Cambodia.

New information:

The Observatory has been informed by reliable sources of the ongoingjudicial harassment of land rights activist Ms.Tep Vanny, who has been in pre-trialdetention since August 2016 in relation to a protest in March 2013.

According to theinformation received, on January 25, 2017, SupremeCourt Judge Kim Sathavy announced that Ms. Tep Vanny’s second appeal for bailhad been denied, following a 45-minute hearing conducted by the Judge onJanuary 18, 2017. Ms. Tep Vanny’s trial before Phnom Penh Municipal Court isdue to be held on February 3, 2017. The Court of Appeals had previously deniedMs. Vanny’s request for bail on November 17, 2016.

The Observatoryrecalls that Ms. Tep Vanny is being detained oncharges of “intentional violence with aggravating circumstances” (Article 218 of the Criminal Code) forparticipating in a protest held by members of the Boeung Kak Lake community in March2013 in front of Prime Minister Hun Sen’s house in Phnom Penh. This case isjust one of three cases which were re-activated in August 2016 while Ms. TepVanny was awaiting trial on separate charges stemming from her participation ina peaceful ‘Black Monday’ protest (see background information). If found guilty, Ms. Tep Vanny could face two to five years in prison.

The Observatory strongly condemns Ms. Tep Vanny’s ongoing arbitrary detention,which only aims at sanctioning her legitimate human rights activities, andcalls upon the Cambodian authorities to immediatelyand unconditionally release her. The Observatory furtherrecalls that under Cambodia’s Code of Criminal Procedure, pre-trialdetention can only be ordered in “exceptional” circumstances.

Untilall charges are dropped against Ms. Tep Vanny,the Observatory urges the Cambodian authorities to ensure that all judicialproceedings against her are conducted in full compliance with her right to afair trial, as provided for under international law.

Background information:

OnAugust 15, 2016, Ms. Tep Vanny and Ms.Bov Sophea, another Boeung Kak Lake activist, were arrested while participating in a peaceful protest held bythe Boeung Kak Lake community in Phnom Penh to mark the 15th week ofthe ‘Black Monday’ campaign. The campaign involves weekly peaceful protests,held on Mondays, where participants wear black clothing to call for the releaseof human rights defenders Messrs. NySokha, Yi Soksan, Nay Vanda, Ny Chakrya and Ms. Lim Mony,as well as for justice for the murder of prominent political analyst and ‘BlackMonday’ supporter Kem Ley[1].

Following their arrest, Ms. Tep Vanny and Ms. BovSophea were initially detained at the Daun Penh districtpolice station before being sent to pre-trial detention in Prey Sar’sCorrectional Centre 2 (CC2) prison in Phnom Penh on August 17.

On August 17, 2016, both were charged with “incitement” under Article 495 of Cambodia’s Criminal Code, after a day ofinterrogation at the Phnom Penh Municipal Court. They were immediately sent totrial, which was adjourned until August 22.

OnAugust 22, following a 90-minute trial and after just 18 minutes ofdeliberation, presiding Judge Pech Vicheator unexpectedly changed the charge to“insult of a public official” (Article 502 of the Criminal Code) during thedelivery of his verdict. After presenting a defence against the original chargeof incitement, the defendants’ lawyers were given no opportunity to prepare adefence against the new charge. The twoactivists were convicted of “insulting a public official” and sentencedto six days in prison.

WhileMs. Bov Sophea was released on the evening of August 22 after having servingsix days in detention, Ms. Tep Vanny was transported to CC2 prison, due to anadditional charge against her. On August 19, the Phnom Penh Municipal Court hadcharged her with “intentional violence with aggravating circumstances”. Thecharge stemmed from Ms. Tep Vanny’s participation in a protest near PrimeMinister Hun Sen’s house in March 2013 to call for the release of then-jailedactivist Ms. Yorm Bopha[2]. The protest turned violent when State security forces beat10 of the activists and pushed others into police trucks.

On September 19, 2016,Presiding Judge Ly Sokleng sentenced Ms. Tep Vanny and three other Boeung Kak Lake community members, Ms. Bo Chhorvy, Ms.KongChantha, and Ms.HengMom, to six months’ imprisonment after athree-hour hearing at the Phnom Penh Municipal Court. The four land rightsactivists were found guilty of “obstruction of a public official withaggravating circumstances” and “insult” relating to a November 2011 protest thatturned violent when police and security guards were sent in to disperse demonstrators[3]. Ms. Tep Vanny was sent back to pre-trial detention inCC2 prison due to her separate charges stemming from her participation in the2013 protest. Ms. Bo Chhorvy, Ms. Kong Chantha, and Ms. Heng Mom, who was triedin absentia, were not arrested as their sentence will not be enforced until allappeals are exhausted.

Actions requested:

Please write to the authorities of Cambodia asking them to:

i. Guaranteein all circumstances the physical and psychological integrity of Ms. Tep Vanny,as well as of Messrs. Ny Sokha, Nay Vanda, Yi Soksan,Ny Chakrya, Ms. Lim Mony, Ms. Bo Chhorvy, Ms.Kong Chantha, and Ms.Heng Mom, andof all human rights defenders in Cambodia;

ii. Immediatelyand unconditionally release Ms. Tep Vanny and Ms. Lim Mony, Messrs. Ny Sokha, Nay Vanda,Yi Soksan, and Ny Chakrya as their arbitrarydetention is merely aimed at sanctioning their legitimate human rightsactivities;

iii. Put an end to all acts of harassment - including at the judicial level -against Ms. Tep Vanny, Ms. BovSophea, Ms. Bo Chhorvy, Ms. Kong Chantha, Ms.Heng Mom, Ms. LimMony and Messrs. Ny Sokha,Nay Vanda, Yi Soksan, and Ny Chakrya, as well asagainst all human rights defenders in Cambodia so that they are able to carryout their work without hindrance or fear of reprisals;

iv. Complywith 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. More generally, ensure in all circumstances the respect for human rightsand fundamental freedoms in accordance with the Universal Declaration of HumanRights and with international human rights instrumentsratified by Cambodia.

Addresses:

· Mr. Hun Sen, PrimeMinister of the 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, Ministerof Interior and Deputy Prime Minister of the Kingdom of Cambodia. Fax: + 855 23212708

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

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

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

· Mr. Keo Remy, Presidentof the Cambodian Human Rights Committee, Fax: +855 12 81 37 81 / +855 23 21 1162 or +855 23 88 10 45 (c/o Council of Ministers)

· Mr. Bun Hun, Presidentof the Cambodian Bar Association, Fax: +855 23 864 076, Email: info@bakc.org.kh

· Ambassador Mr. NeySamol, Permanent Mission of the Kingdom of Cambodia to the United Nations inGeneva, Switzerland, Fax: + 41 22 788 77 74, Email: camemb.gva@mfa.gov.kh

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

***

Geneva-Paris, January 27, 2017

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997 bythe World Organisation Against Torture (OMCT) and FIDH. The objective of thisprogramme is to prevent or remedy situations of repression against human rightsdefenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

[1] Boeung Kak Lake community in Phnom Penh is one of the co-implementingpartners of the campaign #FreeThe5KH, launched on August 8, 2016, by civilsociety groups in support of the five human rights defenders who are currentlyin pre-trial detention and under judicial investigation for allegations of bribery,and who have now spent over 100 days inprison. For more information, see www.freethe5kh.net as well as JointPress Releases, issued on July 13, 2016 and January 21, 2017.

[2] For more information, see ObservatoryPress Release, issued on September 4, 2013.

[3] During the 2011 protest, the activists weredemanding that 94 Boeung Kak Lake families be included in a land plot thatPrime Minister Hun Sen had promised to set aside for displaced members of thecommunity. Violence broke out when police blocked about100 women from walking towardsMonivong Boulevard. ​