KHM 002 / 0816 / OBS 077.4
Sentencing /
Arbitrary detention
Cambodia
February 9, 2018
The Observatory for the Protection of Human Rights Defenders, a joint
partnership of the World Organisation Against Torture (OMCT) and FIDH, has
received new information and requests your urgent intervention in the following
situation in Cambodia.
New information:

The Observatory has been informed by reliable sources about the sentencing
of land rights defender and Boeung
Kak Lake community representative Ms. Tep Vanny, in relation to a peaceful
protest she attended in 2013.
According
to the information received, on February 7, 2018, the
Supreme Court rejected Ms. Tep Vanny’s appeal against her conviction on charges
of “intentional violence with aggravating circumstances” (Article 218 of
the Criminal Code) for her participation in a protest
calling for the release of then-jailed Boeung Kak activist Ms. Yorm Bopha, in 2013 (see background
information) and upheld her 30-month prison sentence.
Ms. Tep Vanny has been arbitrarily detained in Correctional Centre 2
(CC2) prison in Phnom Penh since August 15, 2016 (see background information).
The Observatory strongly condemns Ms. Tep Vanny’s ongoing arbitrary
detention, which only aims at punishing her for her legitimate human rights
activities, and calls upon the Cambodian authorities to put an end to all acts
of harassment - including at the judicial level - against Ms. Tep Vanny and to
immediately and unconditionally release her.
The
Observatory also urges the Cambodian authorities to
cease the harassment of all human rights defenders in Cambodia and to guarantee
that they can carry out their activities free of any hindrance or
reprisals.
Background information:
Ms.
Tep Vanny played a prominent role in mobilising communities around Phnom Penh’s
Boeung Kak Lake to fight against an eviction order issued by the Government to
authorize a private company to carry out development plans that included
filling 90% of the lake to build tourism infrastructure. She is one of the 13
women human rights defenders (the ‘Boeung Kak 13’) who were charged, convicted,
and sentenced to two years and six months’ imprisonment in 2012 as a result of
their work resisting these development plans.
On
August 15, 2016, Ms. Tep Vanny and Ms.
Bov Sophea, another defender from the Boeung Kak Lake community,
were arrested while participating in a peaceful
protest held by the Boeung Kak Lake community in Phnom Penh to mark the
15th week of the ‘Black Monday’ campaign. The campaign involved
weekly peaceful protests, held on Mondays, where participants wore black
clothing to call for the release of human rights defenders Messrs. Ny Sokha, Yi Soksan, Nay Vanda, Ny Chakrya, and Ms. Lim Mony, as well as for justice for
the murder of prominent political analyst Kem
Ley[1].
Following their arrest, Ms. Tep Vanny and Ms. Bov
Sophea were initially detained at the Daun Penh district
police station before being sent to pre-trial detention in Prey Sar’s CC2
prison in Phnom Penh on August 17, 2016.
On August 17, 2016, both were charged with “incitement” under
Article 495 of Cambodia’s Criminal Code, after a day of interrogation at the
Phnom Penh Municipal Court. They were immediately sent to trial, which was
adjourned until August 22, 2016.
On
August 22, 2016, following a 90-minute trial and after just 18 minutes of
deliberation, presiding Judge Pech Vicheator unexpectedly changed the charge to
“insult of a public official” (Article 502 of the Criminal Code) during the
delivery of the verdict. After presenting a defence against the original charge
of incitement, the defendants’ lawyers were given no opportunity to prepare a
defence against the new charge. The two
activists were convicted of “insulting a public official” and sentenced
to six days in prison.
While
Ms. Bov Sophea was released on the evening of August 22, 2016, after having served
six days in detention, Ms. Tep Vanny was brought back to CC2 prison, after an
additional charge had been brought against her. On August 19, 2016, the Phnom
Penh Municipal Court had charged her with “intentional violence with
aggravating circumstances”. The charge stemmed from Ms. Tep Vanny’s
participation in a protest near Prime Minister Hun Sen’s house in March 2013 to
call for the release of Ms. Yorm Bopha[2].
The protest turned violent when State security forces beat 10 of the activists
and pushed others into police trucks.
On
January 25, 2017, Supreme Court Judge Kim Sathavy
rejected Ms. Tep Vanny’s second appeal for bail.
On
February 23, 2017, the Phnom Penh Municipal Court convicted Ms. Tep Vanny on charges
of “intentional violence with aggravated circumstances” (Article
218 of the Criminal Code) and sentenced her to
two years and six months’ imprisonment for their participation in the March 2013
protest. Ms. Tep Vanny
was also ordered to pay a fine of five million riel (about EUR 1,150), as well as
compensation payments of four million riel (about EUR 920) to the first
plaintiff and five million riel to the second plaintiff, both of whom are
members of Daun Penh district para-police. During the trial, no credible
evidence was presented to either justify the charges brought against Ms. Tep
Vanny or to prove that any violence was committed against the para-police.
The
Court of Appeal upheld the Phnom Penh Municipal Court’s conviction and prison
sentence on August 8,
2017.
In
another case, on September 19, 2016, Presiding Judge Ly Sokleng sentenced Ms. Tep Vanny and three other Boeung Kak Lake community
representatives, Ms. Bo Chhorvy, Ms.
Kong Chantha, and Ms. Heng Mom, who was
tried in absentia, to six months’ imprisonment after a three-hour hearing
at the Phnom Penh Municipal Court. The four defenders were found guilty of
“obstruction of a public official with aggravating circumstances” and “insult”
relating to a November 2011 protest that turned violent when police and
security guards were sent in to disperse demonstrators[3]. Ms. Bo Chhorvy and Ms. Kong Chantha were not arrested, as
all appeals had not been exhausted.
On February 27, 2017, the Court of Appeal upheld the convictions and
prison sentences for Ms. Tep Vanny, Ms. Bo Chhorvy and Ms. Kong Chantha.
On
December 8, 2017, the Supreme Court rejected the
appeals of Ms. Tep Vanny, Ms. Kong Chantha, and Ms. Bo Chhorvy and upheld the
Court of Appeals’ six-month prison sentences for the three on charges of
“insult [of a public official]” and “obstruction of a public official with
aggravating circumstances” under Articles 502 and 504 of the Criminal Code.
Actions requested:
Please write to the authorities of Cambodia asking them to:
i. Guarantee in
all circumstances the physical and psychological integrity of Ms. Tep Vanny and
all human rights defenders in Cambodia;
ii. Immediately
and unconditionally release Ms. Tep Vanny as her arbitrary detention is merely
aimed at punishing her for her legitimate human rights activities;
iii.
Put an end to all acts of harassment - including at
the judicial level - against Ms. Tep Vanny and all human rights defenders in Cambodia so that they are able to
carry out their work without hindrance or fear of reprisals;
iv. Comply with
all the provisions of the UN Declaration on Human Rights Defenders, adopted by
the United Nations General Assembly on December 9, 1998, in particular with its
Articles 1, 5(b), and 12.2;
v. Ensure
in all circumstances the respect for human rights and fundamental freedoms in
accordance with the Universal Declaration of Human Rights and with
international human rights instruments to which Cambodia is a State party.
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 364119
·
Mr. Prak Sokhon, Minister of Foreign
Affairs of the Kingdom of Cambodia. Fax: +855 23 216 144 / 855 23 216141,
Email: mfaic@mfa.gov.kh
·
Mr. Sok An, Deputy Prime Minister of
the Kingdom of Cambodia. Fax:
+855 23 882065, Email: leewood_phu@nida.gov.kh / info@pressocm.gov.kh
·
Mr. Keo Remy, President of the
Cambodian Human Rights Committee. Fax: +855 12 813781 / +855 23 211162 or +855
23 881045 (c/o Council of Ministers)
·
Mr. Bun Hun, President of the
Cambodian Bar Association. Fax: +855 23 864076, 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, February 9, 2018
Kindly inform us of any action undertaken
quoting the code of this appeal in your reply.
The
Observatory for the Protection of Human Rights Defenders (the Observatory) was
created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The
objective of this programme is to prevent or remedy situations of repression
against human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders
Mechanism implemented by international civil society.
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 49 29
· Tel and fax FIDH +33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
[1] The Boeung Kak Lake community in
Phnom Penh was one of the co-implementing partners of the #FreeThe5KH campaign,
launched on August 8, 2016 by civil society groups in support of the five human
rights defenders who were remained in pre-trial detention for 427 days for allegations of bribery, before being
released on bail in the wake of sustained
international pressure in June 2017. Yet they still face
5 to 10 years in prison, and their freedom of movement and ability to
carry out human rights work remains hindered. For more
information, see www.freethe5kh.net.
[2] For more information, see Observatory Press Release, issued on
September 4, 2013.
[3] During the 2011 protest, the activists were demanding that
94 Boeung Kak Lake families be included in a land plot that Prime Minister Hun
Sen had promised to set aside for displaced members of the community. Violence broke out when police blocked about 100 women from
walking
towards Monivong
Boulevard.
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