Case KHM 280314
Arbitrary detention/ Lack of proper medical attention/ Disappearance
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Cambodia.
Brief description of the situation
The International Secretariat of the OMCT has been informed by the Cambodian Centre for Human rights (CCHR), a member of the OMCT SOS-Torture Network, about the ongoing detention of 21 protesters[1], including four human rights defenders, detained following the violent crackdowns by police and military on protests by garment workers on 2 and 3 January 2014[2]. OMCT has also been informed about the disappearance of a 16-year-old boy Khem Sophath since 3 January 2014 in the framework of these crackdowns.
According to the information received, Mr Vorn Pao, President of the Independent Democratic of Informal Economic Association (IDEA), which works for the promotion of worker’s rights, land and housing rights, Mr Then Saveurn Coordinator of the Coalition of Cambodian Farmer Community (CCFC), Mr Chan Puthisak a famous Boeng Kak Lake activist, and Mr Sokun Sombath Piseth, who works for the Centre for Labor Rights of Cambodia, were arrested along with six other individuals on 2 January 2014, during a protest on National Road 4, in front of Yak Jin factory, in Phnom Penh demanding for a greater increase of the minimum wage. 13 others individuals were arrested on 3 January 2014 near Canadia Industrial Park. They were all initially charged under Article 411 “Intentionally causing damage with aggravating circumstances” and Article 218 “Acts of violence with aggravating circumstances” of the Penal Code 2009 facing up to five year’s imprisonment and fines from $1’000 - $ 2’500.
According to the same information received, during the same violent crackdown by Cambodian security forces, a 16-year-old boy, Khem Sophath, went missing and disappeared. He was last seen on 3 January 2014, lying on the ground on Veng Sreng road, at the Canadia Industrial Park, with blood pouring from what appeared to be a gunshot wound to his chest. More than two months later his whereabouts remain unknown, and the authorities reportedly neglected to conduct any investigation.
Following these events, on 4 January 2014, the Ministry of Interior of the Royal Government of Cambodia (“RGC”) issued a press release stating that there was to be a ban on demonstrations, assemblies, or marches until “public order and security are restored.” On 25 February 2014, the Prime Minister reportedly committed to lift the ban. However, as of issuing this urgent appeal, the ban was still in place.
While two individuals, namely Bou Sarith and Yon Sok Chea, who were among the 23 protesters arrested early January, were granted bail during a hearing on 7 February 2014 and released under judicial supervision the next day, the Phnom Penh Court of Appeal denied bail on 11 February 2014 to the 21 aforementioned protesters on the basis of ending and preventing crime and ensuring detainees are available for trial.
On 14 March 2014, the investigating judge informed the lawyers of the 21 protesters that the investigation was closed and that he had sent the file to the court. According to the same information received, the investigating judge changed the charges against Mr Vorn Pao, Mr Chan Puthisak, Mr Then Saveurn and Mr Sombath Piseth, but not against the other detainees. The charges are now on the grounds of Article 494 and 495 of the Penal Code, which refer to the incitement to commit a felony, punishable with six months to two years of imprisonment. As of issuing this urgent appeal, no date for a hearing had been set. Furthermore, on 24 March 2014, the Court of Appeal again denied Mr Vorn Pao bail.
According to the same information received, the 21 aforementioned individuals remain detained at the Correctional Center 3 (‘CC3’), a maximum-security prison, in Kampong Cham province. The health conditions of some of the detainees are a serious concern. Mr Vorn Pao, who had earlier a kidney surgery, required a medical check-up in Thailand in February, but he was not able to go due to his ongoing detention. Currently, he would be in pain because of his kidney and the lack of appropriate medical attention. Mr Sombath Piseth’s left hand was reportedly broken during the protests on 2 January 2014 when he was detained. However, he has not received any proper treatment. Mr Chan Puthisak has reportedly swollen legs because he was not allowed to go outside for exercises for almost 20 days as a punitive measure.
OMCT expresses its deep concern about the ongoing detention of the 21 protesters, including the four human rights defenders, and calls on the Cambodian authorities to immediately and unconditionally release all of them and to drop the charges against them, as they seem to be aimed at merely sanctioning their peaceful exercise of their freedom of association, assembly and expression.
OMCT recalls the UN Human Rights Council resolutions 19/35 (preambular para. 11) and 22/10 (preambular para. 16), stressing that “peaceful protests should not be viewed as a threat, and therefore […] all States [should] engage in an open, inclusive and meaningful dialogue when dealing with peaceful protests and their causes”.
OMCT further urges the competent authorities to guarantee at all times the physical and psychological integrity of all 21 protesters and to grant them immediate access to adequate medical care.
Action requested
Please write to the authorities of Cambodia urging them to:
i. Take all necessary measures to guarantee at all times the physical and psychological integrity of all 21 protesters, and to ensure that they have full access to their families, lawyers, medical professionals and adequate medical care and civil society groups;
ii. Carry out an immediate, exhaustive and adequate investigation concerning the fate and the whereabouts of 16-year-old Khem Sopath and disclose his whereabouts;
iii. Order the immediate release of all the aforementioned 21 protesters and immediately and unconditionally drop the charges against them, as they seem to be aimed at merely sanctioning their peaceful exercise of their freedom of association, assembly and expression;
iv. Give clear instruction to security forces to refrain from using force against protestors and to act in accordance with human rights standards, notably with the United Nations Basic Principles on the Use of Force and Firearms;
v. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
- Mr. Hun Sen, Prime Minister, Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax: +855 23 36 06 66 / 855 23 88 06 24 (c/o Council of Ministers), Email: leewood_phu@nida.gov.kh, cppparty@gmail.com
- Mr. Sar Kheng, Deputy Prime Minister and Co-Minister of Interior, Ministry of Interior, 275 Norodom Blvd, Phnom Penh, Kingdom of Cambodia, Fax: + 855 23 21 27 08, moi@interior.gov.kh
- Mr. Hor Nam Hong, Minister of Foreign Affairs, 161 Preah Sisowath Quay, cnr rue 204, Phnom Penh; Kingdom of Cambodia, Fax: + 855 23 21 61 44 / + 855 23 21 61 42 / +855 23 214 441/ +855 23 216 122, mfaic@mfa.gov.kh, mfaicasean@bigpond.com.kh
- Mr. Om Yentieng, Minister & President of the Cambodian Human Rights Committee, Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia, Fax: +855 12 81 37 81 / +855 23 21 11 62 or +855 23 88 10 45 (c/o Council of Ministers)
- Mr. Ang Vong Vathna, Minister of Justice, No 240, Sothearos Blvd. Phnom Penh, Kingdom of Cambodia, Fax: 023 364119. Email: moj@cambodia.gov.kh
- Mr. Sok An, Deputy Prime Minister, Fax: + 855 23 88 06 24, Email: leewood_phu@nida.gov.kh, info@pressocm.gov.kh
- Ambassador Mr. Ney Samol, Permanent Mission of Cambodia to the United Nations in Geneva, Chemin de Taverney 3, Case postale 213, 1218 Grand-Saconnex, Switzerland, Fax: + 41 22 788 77 74, camemb.gva@mfa.gov.kh
Please also write to the diplomatic representations of Cambodia in your respective countries.
Geneva, 28 March 2014.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply. Action requested.
[1] Vorn Poa, Then Saveurn, Chan Puthisak, Sokun Sombathpiseth, Chhim Theurn, Yong Som An, Reth Roatha, Nakry Vanda, Lun San, Teng Chany, Chea Sarath, Mam Piseth, Neup Sokhourn, Phang Tren, Ry Sinoun, Heng Ratha, Pang Vanny, Pheurn Da, Ros Sophoan and Prong Sarath.
[2] See OMCT press releases issued on 8 January 2014 and 11 February 2014, available on www.omct.org
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