KHM 001 / 0820 / OBS
089
Arbitrary detention /
Judicial harassment
Cambodia
August 6, 2020
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.
Description of the situation:
The Observatory has been informed by reliable sources about the arbitrary detention and judicial harassment against Mr. Rong Chhun, a prominent workers’ rights defender, President of the Cambodian Confederation of Unions (CCU), and member of the Cambodian Watchdog Council (CWC)[1].
According to the
information received, on the night of July 31, 2020, Mr. Rong Chhun was
arbitrarily arrested at his home in Phnom Penh by police officers. On August 1,
2020, Mr. Chhun was charged with “incitement to commit a felony or cause social
unrest” (Article 495 of the Cambodian Criminal Code) by the Phnom Penh
Municipal Court and was subsequently transferred to pre-trial detention in the
overcrowded Correction Centre 1 (CC1), in Phnom Penh. If convicted, Mr. Chhun
could face a sentence of two years of imprisonment.
The arrest of Mr. Chhun
followed a written statement issued by the Cambodia Border Affairs Committee on
July 31, 2020 claiming that Mr. Chhun had issued a false and exaggerated
statement on July 21, 2020 intended to stir social unrest and public
misunderstanding[2].
On that day, Mr Chhun, following a trip to Tboung Khmum Province near the border
between Cambodia and Vietnam on July 20, published on his personal social media
account a statement on behalf of the CWC in which he reported alleged community
land loss in the border area.
Furthermore, in an
interview with Radio Free Asia (RFA) on July 31, Mr. Chhun addressed the
statement issued by the government and further discussed the concerns of
villagers and farmers affected by the alleged land loss. Mr. Chhun was arrested
shortly after the radio interview.
The Observatory recalls
that this is not the first time Mr. Chhun has been subjected to arbitrary
arrest and judicial harassment by Cambodian authorities. In December 2018, six
workers’ rights defenders, including Mr. Chhun, were convicted, sentenced to a
suspended prison sentence, and fined 35 million riel (US$8,700) each for their
alleged role in the 2013 and 2014 Phnom Penh protests calling for higher
minimum wage for informal workers[3].
In 2005, Mr. Chhun spent three months in prison on charges of “defamation” and
“inciting others to commit a crime” for a public statement he made on the
border agreement between Vietnam and Cambodia[4].
The Observatory
strongly condemns the arbitrary arrest and judicial harassment of Mr. Chhun,
which seem to be only aimed at punishing him for his legitimate human rights
activities, and reiterates its deepest concern about the fact that freedom of
expression of independent union leaders and human rights defenders in Cambodia
has been increasingly repressed by the government since the run-up to the 2018
general election[5].
The Observatory urges
the Cambodian authorities to guarantee the physical integrity and psychological
well-being of Mr. Chhun and to immediately and unconditionally release him from
the overcrowded CC1 prison in order to protect his health in the current
context of the COVID-19 pandemic, as well as all human rights defenders
arbitrarily detained in Cambodia, as recommended by the United Nations High
Commissioner for Human Rights Michelle Bachelet[6].
Actions requested:
Please write to the
authorities of Cambodia to urge them to:
i.
To guarantee in all
circumstances the physical integrity and psychological well-being of Mr. Rong
Chhun and all other human rights defenders in Cambodia;
ii.
Immediately and
unconditionally release Mr. Rong Chhun, since his detention is arbitrary as it
seems to be merely aimed at punishing him for his human rights activities;
iii.
Put an end to all acts
of harassment - including at the judicial level - against Mr. Rong Chhun and
all other workers’ rights defenders and human rights defenders, in Cambodia,
and ensure in all circumstances that they are able to carry out their
legitimate activities without any hindrance and fear of reprisals;
iv.
Conform in any circumstances with
the provisions of the Declaration on Human Rights Defenders, adopted on
December 9, 1998 by the United Nations General Assembly, in particular its
Articles 1, 6 and 12.2;
v.
Ensure in all circumstances respect
for human rights and fundamental freedoms in accordance with international
human rights instruments ratified by Cambodia.
Addresses:
Please also
write to the diplomatic representations of Cambodia in your respective
countries.
***
Geneva-Paris, August 6, 2020
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) 79 539 41 06 / + 41 22 809 49 29
· Tel and fax FIDH + 33 (0) 1 43 55 25 18 /
+33 1 43 55 18 80
[1] The CWC is a coalition of several
non-governmental organisations and unions, including the Independent Teachers
Association, the Independent Government Workers Association, the Student
Movement for Democracy, the Independent Farmers Association and the Free Trade
Union of Workers of Kingdom of Cambodia, advocating for human rights and
monitoring government activities.
[2] See “Statement by
the Joint Committee on Border Affairs announces the complete rejection of the
statement by Rong Chhun, Representative of the Cambodian Monitoring Council,
which issued a false and exaggerated statement on 20 July, 2020”: https://pressocm.gov.kh/archives/66755
[3] See The Observatory report ‘Down but
not out. Repression of human rights defenders in Cambodia’, published on July
9, 2020.
[4] See OMCT Urgent Appeal Case KHM
201005.1, published on January 20, 2006.
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