Sentencing of Ms. Tep Vanny and Ms. Bov Sophea and new charge against Ms. Tep Vanny

Sentencing/ Arbitrary detention /

Judicialharassment

Cambodia
August 26, 2016

The Observatory for the Protection of Human Rights Defenders, a jointpartnership of the World Organisation Against Torture (OMCT) and FIDH, requestsyour urgent intervention in the following situation in Cambodia.

Description of thesituation:

The Observatory has been informed byreliable sources of the sentencing of Ms. Tep Vanny and Ms. Bov Sophea, two Boeung Kak Lake activists, in relation to theirparticipation in a peaceful protest to call for the release of five imprisonedhuman rights defenders.

(c) Licadho

According to the information received, on August 22,2016, Ms. Tep Vanny and Ms. Bov Sophea wereconvicted of “insulting a public official” and sentenced to six days in prison.

Thetwo activists were arrested on August 15, 2016, whileparticipating in a peaceful vigil, which was held by the Boeung Kak Lakecommunity in Phnom Penh to mark the 15th week of the ‘Black Monday’campaign. The campaign involves weekly peaceful protests, held on Mondays, whereparticipants wear black clothing to call for the release of human rightsdefenders Mr. Ny Sokha, Mr. Yi Soksan, Mr. Nay Vanda, Ms. Lim Mony,and Mr. Ny Chakrya, as well as forjustice for the recent murder of prominent political analyst and ‘Black Monday’supporter Kem Ley[1]. Spanish researcher Ms. Marga Bujosa Segado, who was alsotaking part in the ‘Black Monday’ demonstration, was also arrested andsubsequently deported from Cambodia on August 17, for allegedly not possessing awork permit.

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’s CC2prison in Phnom Penh on August 17.

On August 17, 2016, Ms. Tep Vanny and Ms. Bov Sophea were chargedwith “incitement” under Article 495 of Cambodia’sCriminal Code, after a day of interrogation at Phnom Penh’s Municipal Court.The two were immediately sent to trial, 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.

While Ms.Bov Sophea was released on the evening of August 22 after serving six days indetention, Ms. Tep Vanny was transported to Prey Sar’s CC2 prison, due to anadditional charge against her. On August 19, the Phnom Penh Municipal Court chargedher with “intentional violence with aggravating circumstances” (Article 218 ofthe Criminal Code). The charge stemmed from Ms. Tep Vanny’s participation in aprotest near Prime Minister Hun Sen’s house in 2013 to call for the release ofthen-jailed activist Ms. Yorm Bopha[2].The protest ended in one of the most violent crackdowns against the community,leaving five citizens injured, including some with broken bones. If foundguilty, Ms. Tep Vanny could face from two to five years in prison.

The Observatory strongly condemns the arrest and sentencing of Ms. TepVanny and Ms. Bov Sophea, as well as Ms. Tep Vanny’s ongoing arbitrarydetention, which only aims at sanctioning their legitimate human rightsactivities. The Observatory further recalls that under Cambodia’sCode of Criminal Procedure, pre-trial detention can only be ordered in“exceptional” circumstances.

TheObservatory calls upon the Cambodian authorities toput an end to their harassment and to immediately and unconditionally releaseMs. Tep Vanny.

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.

Finally,the Observatory urges the Cambodian authorities toabide by the joint call issued on May 12, 2016, by four United Nations SpecialRapporteurs “to stop targeting civil society, human rights defenders (…) and totake effective measures to protect civil society and respect fundamentalfreedoms in the country”[3].

Actions requested:

Please write to the authorities of Cambodiaasking them to:

i. Guarantee in all circumstances thephysical and psychological integrity of Ms. Tep Vanny, as well as of Messrs. Ny Sokha, Nay Vanda, Yi Soksan,Ny Chakrya, Ms. LimMony, and all human rights defenders in Cambodia;

ii. Immediately and unconditionallyrelease Ms. Tep Vanny and Ms. Lim Mony, Messrs. Ny Sokha, Nay Vanda, Yi Soksan,and Ny Chakrya as their arbitrary detentionis merely aimed at sanctioning their legitimate human rights activities;

iii. Put an end to all acts of harassment – including at the judicial level –against Ms. Tep Vanny, Ms. BovSophea, Ms. Lim Mony andMessrs. Ny Sokha, Nay Vanda, Yi Soksan, and Ny Chakrya, aswell as against all human rights defenders in Cambodia so that they are able tocarry out 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 and regional human rights instruments ratified byCambodia.

Addresses:

• Mr. Hun Sen, Prime Minister of the 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. Sar Kheng, Minister of Interior and Deputy Prime Minister of the Kingdom of Cambodia. Fax: + 855 23 212708
• 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, Deputy Prime Minister of the Kingdom of Cambodia, Fax: +855 23 882 065, Email: leewood_phu@nida.gov.kh / info@pressocm.gov.kh
• Mr. Keo Remy, President of the Cambodian Human Rights Committee, Fax: +855 12 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 Bar Association, Fax: +855 23 864 076, Email: info@bakc.org.kh
• Ambassador Mr. Ney Samol, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, 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, August 26, 2016

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

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by the World Organisation Against Torture (OMCT) and FIDH. Theobjective of this programme is to prevent or remedy situations of repressionagainst human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.

To contact the Observatory, call the emergencyline:

· E-mail:Appeals[at]fidh-omct.org

· Teland fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 143 55 18 80

[1] Boeung KakLake community in Phnom Penh is one of the co-implementing partners of thecampaign #FreeThe5KH, launched on August 8, 2016, by civil society groups insupport of the five human rights defenders who are currently in pre-trialdetention and under judicial investigation for allegations of bribery, and who have now spent over 100 days in prison. Formore information, see www.freethe5kh.netas well as Observatory Urgent Appeal KHM001 / 0616/ OBS 047 and Joint Press Release, issued on July 13, 2016.

[2] For moreinformation, see Observatory PressRelease, issued on September 4, 2013.

[3] http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19954&LangID=E