OPEN LETTER - THE
OBSERVATORY
CAMBODIA:
OPEN LETTER TO PRIME MINISTER MR. HUN SEN
Geneva-Paris, January 8, 2013
Re:
Concern over the end of year crackdown against human rights defenders
Your
Excellency,
The
Observatory for the Protection of Human Rights Defenders, a joint programme of
the World Organisation Against Torture (OMCT) and the International Federation
for Human Rights (FIDH), expresses its deep concern about court decisions in
late December 2012 that led to the wrongful sentencing of two prominent land
and housing rights defenders and continued pattern of impunity in the
high-profile murder of a trade union leader. The Observatory fears that such
decisions were adopted during that time of year to avoid scrutiny by the
international community and the media.
The Observatory recalls that
Ms. Yorm Bopha and Ms. Tim Sakmony were detained since September 4 and 5,
respectively. Ms. Yorm Bopha, a pivotal figure in the protests against forced
evictions in the Boeung Kak area of Phnom Penh, was detained for allegedly
assaulting a person suspected of theft. Ms. Tim Sakmony, a leader in protests
against forced evictions from the Borei Keila area of the capital, was arrested
after the owner of land developer Phanimex lodged a complaint alleging that she
had made a “false declaration” in a suit accusing Phanimex of inadequate
compensation for persons evicted from land the company is developing.
In a separate case, on
December 27, 2012, the Court of Appeals upheld the original sentence of 20
years in prison for Messrs. Born Samnang and Sok Sam Oeun, who were convicted
for the high-profile killing of trade union leader Chea Vichea in 2004.
It is widely acknowledged that their original convictions were based on coerced
confessions and plagued by political interference, intimidation of witnesses,
and other violations of international standards, which led to the decision by
the Supreme Court to release both men from prison in December 2008. The Supreme
Court also ordered a new trial by the Court of Appeals.
The Court of Appeals finally retried the pair on November 7, 2012, in a
swift hearing that was marred with irregularities and
offered absolutely no new evidence of the defendants' guilt. Despite
overwhelming evidence of the innocence of the two men, the Court announced that they
were guilty on December 27. The two were immediately arrested and sent to serve the remainder of their sentences at Prey Sar Prison’s
Correctional Center 1 in Phnom Penh. The Observatory fears that
this parody of justice merely aims at protecting the real perpetrators of the
murder of Mr. Chea Vichea.
The Observatory is deeply concerned about
these new examples of political pressure being used to influence Cambodian's
courts. Likewise, Mr. Mam Sonando,
Director and owner of the independent FM station 105 (Beehive Radio) and
President of the non-governmental organisation Democrats' Association, remains
detained after the Court of Appeal in Phnom Penh refused to release him on bail
pending his appeal. An outspoken critic of the Government's human rights record, including serious
and systematic violations of land and housing rights, Mr. Sonando was sentenced to 20 years’ imprisonment and
a fine of 10 million riels on October 1, 2012.
Accordingly, the Observatory
calls upon the Cambodian authorities to immediately and unconditionally release Ms. Yorm Bopha and Messrs.
Born Samnang, Sok Sam Oeun and Mam Sonando, and to put an end to the judicial
harassment against them.
The authorities should also put an end to the judicial harassment of Mr. Chan Soveth, Senior Investigator and
Deputy Head of the Monitoring Section for the Cambodian Human Rights and
Development Association (ADHOC) - who was first summoned by the Phnom Penh Municipal Court in August 2012 to answer questions in relation to his human rights work. The
hearing was delayed, and on December 24, 2012, Mr. Chan Soveth appeared before Phnom Penh Municipal
Court's Investigating Judge. He was not charged, but the case remains pending.
The past year saw
an increase in arbitrary arrests, unlawful
detention, judicial harassment of defenders, and even the killing of key
activists with impunity, as recently recalled in a report published on December
10, 2012 by the Cambodian League for the Promotion and Defense of Human Rights
(LICADHO). The Observatory thus reiterates its call to the Cambodian authorities to
put an end to any act of harassment against human rights defenders in Cambodia, in compliance with the United Nations Declaration on
Human Rights Defenders, the Universal Declaration of Human Rights and
international human rights treaties ratified by Cambodia.
We express our sincere
hope that you will take these considerations and requests into account.
Yours sincerely,
Souhayr Belhassen
FIDH President
|
Gerald Staberock
OMCT Secretary General
|