Judicial harassment
Cambodia
January 30, 2018
The Observatory for the Protection of Human Rights
Defenders, a partnership of the World Organisation Against Torture (OMCT) and
FIDH, requests your urgent intervention in the following situation in Cambodia.
Brief
description of the information:
The Observatory has been informed about the judicial
harassment of three prominent human rights defenders in Cambodia, Mr.
Pa Nguon Teang, Executive Director of the Cambodian Center for
Independent Media, Venerable But
Buntenh, Executive Director of the Buddhism
for Peace Organization, and Mr. Moeun
Tola, Executive Director of the Center for Alliance of Labour and Human Rights
(CENTRAL).
According to
the information received, on January 4, 2018, Mr. Pa Nguon Teang, Venerable But
Buntenh and Mr. Moeun Tola were charged by the Phnom Penh Municipal Court with
“breach of trust” under Articles 391 and 392 of the Criminal Code of Cambodia,
for allegedly misappropriating funds in relation to the funeral of Dr. Kem Ley, a prominent activist and
political analyst who was murdered on July 10, 2016[1].
The charges
follow a complaint filed on September 8, 2017 by Cambodian Youth Party leader, Mr.
Pich Sros, who accused the three human rights defenders of embezzling donations
as members of Dr. Kem Ley’s funeral committee. If convicted, the defenders face
between six months and three years in prison and a fine of up to six million
Riel (about 1,247 Euros).
Following Dr.
Kem Ley’s death, a funeral committee was formed, which included Mr.
Pa Nguon Teang, Venerable But Buntenh and Mr. Moeun Tola among
its members. The committee was responsible for logistical support, including
organizing the funeral procession and related events. The three
human rights defenders insist that their role did not involve the management of
donations or any other funds. Further, members of Dr. Kem Ley’s family have
publicly discredited the current lawsuit, calling it “baseless”, and never filed a complaint regarding the handling of
donated funds.
The Observatory strongly condemns the judicial
harassment against Mr. Pa Nguon Teang, Venerable But Buntenh and
Mr. Moeun Tola, and considers
the charges against them as being politically motivated, since they clearly aim
at punishing them for their legitimate human rights activities and further
silencing Cambodian civil society and human rights defenders in general. The Observatory calls on the Cambodian
authorities to put an end to all acts of harassment against them and all human
rights defenders in Cambodia.
Actions requested:
Please write to the Cambodian
authorities asking them to:
i. Guarantee in all
circumstances the physical and psychological integrity of Mr.
Pa Nguon Teang, Venerable But Buntenh, and Mr. Moeun Tola, as well as of all human rights defenders in Cambodia;
ii. Put an end to all forms of
harassment, including at the judicial level, against Mr. Pa Nguon
Teang, Venerable But Buntenh, Mr. Moeun Tola and all human rights defenders in the
country so that they are able to carry out their work without hindrance;
iii. Comply with all the
provisions of the United Nations Declaration on Human Rights Defenders, adopted
by the UN General Assembly on December 9, 1998, in particular with
its Articles 1 and 12.2;
iv. Guarantee the respect of
human rights and fundamental freedoms in accordance with the Universal
Declaration on Human Rights and other international human rights instruments
signed or ratified by Cambodia.
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.
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.
Suon Visal, 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
Please also write to the
diplomatic representations of Cambodia in your respective countries.
***
Geneva-Paris, January 30, 2018
Kindly inform us of any action
undertaken quoting the code of this appeal in your reply.
[1]
For more information see Cambodia:
Joint Open Letter: Request to Create a
Commission of Inquiry into the killing of Kem Ley, July 7, 2017, and Cambodia:
Joint Open Letter regarding the investigation into the death of Dr. Kem Ley,
February 28, 2017.
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