Sentencing of Mr. Ven Vorn, environmental activist and indigenous community leader

KHM 003 /1015 / OBS 084.2

Sentencing /Release /

Judicialharassment/

Arbitrarydetention

Cambodia

March 10,2016

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and the International Federationfor Human Rights (FIDH), has received new information and requests your urgentintervention in the following situation in Cambodia.

Newinformation:

TheObservatory has been informed by the Cambodian Center for Human Rights (CCHR)about the sentencing of Mr. Ven Vorn, an Areng Valley environmental activist and a communityleader for the indigenous Chong minority in Koh Kong Province.

According tothe information received, on March 3, 2016, the Koh Kong Provincial Court foundMr. Ven Vorn guilty of “harvesting timber products and/or non-timberforest products without a permit” (Article 98 of the Forestry Law) andsentenced him to a one-year suspended prison sentence. Mr. Ven Vorn was releasedon the same day from Koh Kong Provincial Prison, where he had been detainedsince his arrest on October 7, 2015 (See background information).

The Observatory welcomes the release of Mr. Ven Vornbut strongly condemns his conviction and thearbitrary detention and judicial harassment to which he was subjected, which only aimed at sanctioning his legitimate human rights activities.

Theconviction of activists involved in high-profile cases and their release onsuspended sentences has become an often-used tactic by the Cambodianauthorities to criminalize legitimate activism. Accordingly, the Observatory calls on the Cambodian authorities to put an end to allacts of judicial harassment against all human rights defenders in Cambodia.

TheObservatory recalls that Messrs. Sim Samnang, Tri Sovichea andSan Mala, members of theorganisation “Mother Nature”[1],have been arbitrarily detained since August 17, 2015[2].The Observatory calls on the Cambodian authorities to immediately andunconditionally release the three and drop all charges against them.

Backgroundinformation:

On September 2, 2015, 17 persons, including Mr. VenVorn, were arrested outside Koh Kong Provincial Court. They were picketingto demand the release of the three jailed activists, Messrs. SimSamnang, Tri Sovichea, and San Mala, who had been involvedin protests against a hydroelectric dam (see below). Mr. Ven Vorn wassubsequently released.

OnOctober 7, 2015, Mr. Ven Vorn was re-arrested and sent to KohKong Provincial Prison. The arrest followed the decision of Investigating JudgeMr. Min Makara, who had questioned Mr. Ven Vorn on the same morning and chargedhim with “harvesting timber products and/or non-timber forest products withouta permit” (Article 98 of the Forestry Law) and “destruction of evidence”(Article 533 of the Criminal Code).

Both of theabove-mentioned charges related to the construction by Mr. Vorn and a group oflocal activists of a small visitor centre and community meeting place for localactivists involved in a campaign against the proposed construction of ahydropower dam in the Areng Valley. According to activists andenvironmental groups, the hydropower dam poses a threat to their land,livelihood, and the natural environment. For this project, Mr. Vorn and othershad purchased approximately 10 cubic metres of wood from a vendor in 2014,which authorities claimed had been procured by the vendor through illegallogging.

On February17, 2016, Mr. Ven Vorn appeared before the Koh Kong Provincial Court tohear charges of “harvesting timber products and/or non-timber forestproducts without a permit” (Article 98 of the Forestry Law) and“destruction of evidence” (Article 533 of the Criminal Code). The court droppedthe charge of “destruction of evidence” due to a lack of evidence. Mr. Ven Vornfaced up to five years of imprisonment and a fine of up to tenmillion Riel (about 2,250 Euros).

Mr. Ven Vornhad been previously questioned on April 3, 2015 at the Koh Kong ProvincialCourt in relation to the same alleged illegal logging incident before beingreleased on the same day.

Actionsrequested:

Please writeto the authorities of Cambodia asking them to:

i. Guaranteein all circumstances the physical and psychological integrity of Mr. Ven Vornas well as of all human rights defenders in Cambodia;

ii. Immediately and unconditionally releaseMessrs. Sim Samnang, Tri Sovichea, and San Mala as theirdetention is arbitrary since it only aims at sanctioning their human rightsactivities;

iii. Put an end to all formsof harassment, including at the judicial level, against all human rightsdefenders in the country so that they are able to carry out their work withouthindrance;

iv. Complywith all the provisions of the United Nations Declaration on Human RightsDefenders, adopted by the UN General Assembly on December 9, 1998, inparticular with its:

- Article 1, which statesthat "everyone has the right, individually or collectively, to promote theprotection and fulfilment of human rights and fundamental freedoms at the nationaland international levels",

- as well as Article 12.2,which provides that "the State shall take all necessary measures to ensurethe protection by the competent authorities of everyone, individually or inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration";

v. Guaranteethe respect 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.

i.Addresses:

· Mr. Hun Sen, Prime Minister, Office of the Prime Minister, 41Russian Federation Blvd, Phnom Penh, Kingdom of Cambodia. Fax: +855 23360666 / 855 23 880624 (c/o Council of Ministers), Email: leewood_phu@nida.gov.kh / cppparty@gmail.com

· Mr. Sar Kheng, Minister of Interior, Ministry of Interior, 275 NorodomBlvd, Phnom Penh, Kingdom of Cambodia. Fax: + 855 23 212708

· Mr. Ang Vong Vathna, Minister of Justice, Ministry of Justice, 240Sothearos Blvd, Phnom Penh, Kingdom of Cambodia. Fax: + 855 23 364 119

· Mr. Hor Nam Hong, Minister ofForeign Affairs, 161 Preah Sisowath Quay, Phnom Penh, Kingdom of Cambodia. Fax:+ 855 23 216 144 / 855 23 216 141 Email: mfaic@mfa.gov.kh

· Mr. Sok An, Deputy Prime Minister, Fax: +855 23 882065, Email: leewood_phu@nida.gov.kh / info@pressocm.gov.kh

· Mr. Mak Sambath, President of the Cambodian HumanRights Committee, Office of the Prime Minister, Phnom Penh, Kingdom ofCambodia, Fax: +855 12 81 37 81 / +855 23 21 11 62 or +855 23 88 10 45 (c/oCouncil of Ministers)

· Mr. Bun Hun, President of the Cambodian BarAssociation, Building at the corner of Street 1129 and 1930, Sangkat Phnom PenhThmei, Khan Sen Sok, Phnom Penh, Kingdom of Cambodia, Tel: +855 23 864 078.Fax: +855 23 864 076, Email: info@bakc.org.kh

· AmbassadorMr. Ney Samol, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, Chemin de Taverney 3, PO Box213, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 788 77 74, Email: camemb.gva@mfa.gov.kh

Please alsowrite to the diplomatic representations of Cambodia in your respectivecountries.

[1] “Mother Nature” is a local environmental group known for its efforts tostop illegal sand dredging and the construction of a controversial hydropowerdam in Koh Kong Province.

[2] See Observatory Urgent Appeal KHM 004 / 1115 / OBS 094.