Refusal by the Supreme Court to grant bail to Ms. Yorm Bopha

New information

KHM 006 / 1212 / OBS 119.1

Denial of bail / Arbitrarydetention

Cambodia

March 28, 2013

The Observatory for the Protection of Human RightsDefenders, a joint programme of the World Organisation Against Torture (OMCT)and the International Federation for Human Rights (FIDH), has received newinformation and requests your urgent intervention in the following situation inCambodia.

New information:

The Observatory has been informed by the Cambodian Center for Human Rights(CCHR) and the Cambodian Human Rights and Development Association (ADHOC) about the Supreme Court's decision not to grant bail to Ms. YormBopha, a pivotal figure in the protests against forced evictions ofresidents from the Boeung Kak Lake community in Phnom Penh.

According to the information received, on March 27, 2013, the Supreme Court refused to grantbail to Ms. Yorm Bopha, due to the gravity of the charges for which she wasconvictedand because there was no evidence of health difficulties. After the decision,Ms. Yorm Bopha was returned to Prey Sar prison, where she has been detainedsince September 4, 2012 (See background information). She will now wait for herappeal to be heard by the Court of Appeal.

The Observatory expresses itsdeep concern about the Supreme Court's decision to refuse to grant bail to Ms.Yorm Bopha, and now calls on the Court of Appeal in PhnomPenh to expedite the process of appeal in her case and urgently set a date forthe appeal hearing.

Furthermore,the Observatory reiterates its call on the Cambodian authorities for Ms. Yorm Bopha's immediate and unconditional release and lift the charges pendingagainst her, as her detention and judicial harassment seem merely to aim atobstructing her human rights activities.

TheObservatory is also concerned that, on March 19, 2013, Prime Minister Hun Sen spokeabout the Yorm Bopha case in a speech at the Peace Palace, and said that it wasnot a political case but that Ms. Bopha was in prison for committing a crime.This obviously impacts on Ms. Yorm Bopha's fair trial rights and the separationof powers between the executive and the judiciary.

Background information:

Thefamilies from the Boeung Kak Lake community have been battling forced evictionssince 2007, when the Government leased their land to a company, Shukaku Inc,for development. In May 2012, after 15 members of the BKL community wereviolently and arbitrarily arrested, Ms. Yorm Bopha was at the forefront of thecampaign for their release. She maintained a high profile presence at everydemonstration, became a media spokesperson for the campaign, and did not shyaway from publicly criticizing government officials. This new-found prominencebrought with it the attention of the authorities - she was verbally threatened,harassed and intimidated.

OnSeptember 4, 2012, Ms. Yorm Bopha was detained for allegedly assaulting aperson who was suspected of stealing. Ms. Bopha has denied the allegations.

On December 27, 2012, Phnom Penh’s Municipal Court sentenced Ms. Yorm Bophato three years in prison for “intentional violence”under Article 218 of the Penal Code, onthe basis of questionable allegations, and despite the fact that no credibleevidence was presented at her trial. After the verdict, Ms. Bopha was returnedto Prey Sar Prison's Correctional Center 2 to serve her sentence.

Actionsrequested:

Pleasewrite to the Cambodian authorities urging them to:

i.Guarantee, in all circumstances, the physical and psychological integrity of Ms. Yorm Bopha, as well as ofall human rights defenders in Cambodia;

ii.Release Ms. Yorm Bopha immediately and unconditionally, since her detention isarbitrary as it only aims at obstructing her human rights activities andappears to be a result of exercising her right to freedoms of expression andassociation;

iii.Put an end to acts of harassment - including at the judicial level - againstMs. Yorm Bopha and all human rights defenders in Cambodia;

iv.Comply with all the provisions of the Declaration on Human Rights Defenders,adopted on December 9, 1998 by the United Nations General Assembly, inparticular:

- 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”,

- Article12.1, which foresees that “everyone has the right, individually and inassociation with others, to participate in peaceful activities againstviolations of human rights and fundamental freedoms”,

- andArticle 12.2 which provides that “the State shall take all necessary measuresto ensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration.”

v. Guaranteethe respect of human rights and fundamental freedoms in accordance with theUniversal Declaration of Human Rights and other international human rightsinstruments ratified by Cambodia.

Addresses:

• Mr. Hun Sen, Prime Minister, 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/ cppparty@gmail.com
• Mr. H.E. Ang Vong Vathna, Minister of Justice, No 240, Sothearos Blvd, Phnom Penh, Kingdom of Cambodia, Fax: 023 364119. Email: moj@cambodia.gov.kh
• Mr. Sar Kheng, Deputy Prime Minister and Minister of Interior, Ministry of Interior, 275 Norodom Blvd, Phnom Penh, Kingdom of Cambodia, Fax: + 855 23 212708. Email: moi@interior.gov.kh
• Mr. Hor Nam Hong, Deputy Prime Minister and Minister of Foreign Affairs, 161 Preah Sisowath Quay, Phnom Penh, 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 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 to diplomatic representations of Cambodia in yourrespective countries.

***

Geneva-Paris, March 28, 2013

Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.

The Observatory, a OMCT and FIDH venture, is dedicatedto the protection of human rights defenders and aims to offer them concretesupport in their time of need.

To contact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org
• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 4929

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