20 October Prime Minister Mr. Hun Sen

Transcription

1 20 October 2015 Prime Minister Mr. Hun Sen Office of the Prime Minister 41 Russian Federation Blvd Phnom Penh, Kingdom of Cambodia Fax: / (c/o Council of Ministers) leewood_phu@nida.gov.kh / cppparty@gmail.com Re: Judicial harassment against Mr. Ny Chakrya We, the Asian Forum for Human Rights and Development (FORUM- ASIA), together with our 47 member organizations from 16 countries across Asia, request that the judicial harassment against Mr. Ny Chakrya be discontinued. Mr. Ny Chakrya is a prominent human rights defender in Cambodia and the Head of the Human Rights and Legal Aid Section of the Cambodian Human Rights and Development Association (ADHOC), a non- governmental organisation in Cambodia, which engages in human rights advocacy and monitors human rights violations throughout the country. On 13 July 2015, Mr. Ny Chakrya was summoned to appear before the Deputy Prosecutor of the Phnom Penh Municipal Court in order to answer questions in relation to a complaint submitted against him by two judicial officers of the Siem Reap Provinical Court. They accused him of having committed public defamation, acts of slanderous denunciation, and publication of commentaries to put pressure on the judiciary under articles 305, 311 and 522 of the Cambodian Criminal Code respectively. During a press conference organised by ADHOC in May 2015, Mr. Ny Chakrya had accused the same two judicial officers of lacking independence and for ordering the arbitrary arrest and detention of two of ADHOC s clients, who were involved in a land dispute in Siem Reap. On 19 July 2015, the Deputy Prosecutor referred Mr. Ny Chakrya s case file to the Investigating Judge of the Phnom Penh Municipal Court. Mr. Ny Chakrya currently remains under judicial investigation by the Investigating Judge, who has issued a subpoena on 8 October 2015, requesting Mr. Ny Chakrya to appear before him on 21 October The subpoena was sent to Mr. Ny Chakrya s home address, where his wife was only allowed to take a photo of the subpoena. In accordance to Cambodian Criminal Procedural Law, a subpoena needs to be signed or fingerprinted by the concerned person and thereafter be returned to the Investigating Judge (article 188 of the Cambodian Criminal Procedure Code). As this was not the case, the subpoena is technically invalid and a blatant violation of Cambodian Criminal Procedural Law. In his capacity as human rights defender, like every other Cambodian national, Mr. Ny Chakrya enjoys the right to freedom of expression, including the right to speak out freely against injustices in Cambodia. Therefore, to judicially harass him is not only an intimidation attempt against him, but against every other human rights defender, who speaks out against human rights violations in Cambodia or provides support to victims of such violations. It is important to note that in the past other employees of ADHOC have been the subject of harassment by law enforcement agencies, the judiciary and the Royal Government of Cambodia. Regional Office: 66/2 Pan Road, Silom, Bang Rak, Bangkok 10500, Thailand Tel: +66 (0) Fax: +66 (0) nd International Office: Rue de Varembé 1, 2 Floor, 1202 Geneva, Switzerland Tel: +41 (0) Fax: +41 (0) Webpage: asia.org, info@forum- asia.org

2 On 3 September 2015, 17 persons were arrested by the Koh Kong police, including staff of ADHOC, the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) and the Community Legal Education Center (CLEC), as well as journalists and other community activists. They had peacefully gathered in front of the Koh Kong Provincial Court, demanding the release of three arrested Mother Nature land activists and the discontinuance of further sand dredging in Koh Kong province. Subsequent to the arrest of the civil society members, who had monitored the protest, and journalists, who had documented the event, the security forces cracked down on the protest and also arrested the other activists. In the same province, on 25 June 2015, ADHOC s Press Officer, Mr. Dit Sokthy was arrested by security forces, together with three environmental activists, and held at the Chamkarmon district authority. This happened after forces had cracked down on a march to the National Assembly, with the aim of handing in a petition against further sand dredging for the construction of the Koh Kong s Cheay Areng hydro- power dam. Similarly, on 4 May 2015, activists working for ADHOC were threatened by Keo Seima district governor, Mr. Sun Vanvuth, with arrest for organizing workshops on issues related to human rights and democracy. On 2 February 2015, ADHOC's provincial coordinator, Mr. Chhay Thy was threatened to be sued by a four- star military General for his report on Montagnard asylum seekers in Cambodia. These persisting attempts to stop human rights defenders from raising their voices against human rights violations in the country has been highly obstructive to their legitimate work. We would like to request the Royal Government of Cambodia to guarantee that all human rights defenders are able to carry out their human rights activities without fear of reprisals, intimidation, threats and judicial harassment or any unjustifiable and unnecessary restrictions of their human rights, as is stipulated in the UN Declaration on Human Rights Defenders. We also urge the judiciary to respect the rule of law, function in an independent, impartial and transparent manner, and respect and implement Cambodia s international human rights obligations, including the right to freedom of opinion and expression, as enshrined in the Cambodian Constitution and other international instruments Cambodia has ratified. We request all responsible authorities of Cambodia to immediately discontinue the judicial harassment of Mr. Ny Chakrya, and to put an end to such persecution of human rights defenders in Cambodia. Thank you. Evelyn Balais- Serrano Executive Director, FORUM- ASIA Tel: +66 (0) Fax: +66 (0) hrd@forum- asia.org Website: asia.org On behalf of the following member organisations of FORUM- ASIA: Bangladesh 1. Ain O Salish Kendra (ASK) 2. Madaripur Legal Aid Association (MLAA) 3. Odhikar

3 4. Resource Integration Center (RIC) Burma/Myanmar 5. Human Rights Education Institute of Burma (HREIB) Cambodia 6. Cambodian Human Rights and Development Association (ADHOC) 7. Cambodian League for the Promotion and Defense of Human Rights (LICADHO) India 8. Banglar Manabadhikar Suraksha Mancha (MASUM) 9. Center for Social Action Documentation Research & Training (ADHIKAR) 10. Dalit Foundation 11. Friends Association for Rural Reconstruction (FARR) 12. People s Watch 13. People s Vigilance Committee on Human Rights (PVCHR) 14. Rural Development Society (RDS- LRSA) 15. South India Cell for Human Rights Education and Monitoring (SICHREM) Indonesia 16. Alliance of Independent Journalists Indonesia (AJI) 17. Federation of Commission for the Disappeared and Victims of Violence (KontraS) 18. Indonesia Legal Aid Foundation (YLBHI) 19. Indonesian Legal Aid and Human Rights Association (PBHI) 20. Indonesia s NGO Coalition for International Human Rights Advocacy Human Rights Working Group (HRWG) 21. Inisiatif Masyarakat Partisipatif untuk Transisi Berkeadilan (IMPARSIAL) 22. Yayasan Sekretariat Anak Merdeka Indonesia (SAMIN) Malaysia 23. Education and Research Association for Consumers (ERA Consumer) 24. Suara Rakyat Malaysia (SUARAM) Mongolia 25. Center for Human Rights and Development (CHRD) 26. Globe International Nepal 27. Community Self Reliance Centre (CSRC) 28. Informal Sector Service Center (INSEC) 29. Women s Welfare Society (WWS) Pakistan 30. Bytes for All (ICTs for development, democracy and social justice) 31. Human Rights Commission of Pakistan (HRCP) 32. National Commission for Justice and Peace (NCJP) 33. Potahar Organization for Development Advocacy (PODA) 34. Society for the Protection of the Rights of the Child (SPARC) Philippines 35. Philippine Alliance of Human Rights Advocates (PAHRA) 36. PILIPINA Legal Resources Center (PLRC)

4 37. Task Force Detainees of the Philippines (TFDP) 38. Tanggol- Kalikasan Public Interest Environmental Law Office Singapore 39. Think Centre South Korea 40. Korean House for International Solidarity (KHIS) 41. People s Solidarity for Participatory Democracy (PSPD) Sri Lanka 42. Information Monitor (INFORM) 43. Law and Society Trust (LST) Taiwan 44. Taiwan Association for Human Rights (TAHR) Thailand 45. People s Empowerment Timor Leste 46. Perkumpulan Hukum, Hak Asasi dan Keadilan (Law, Basic Rights, and Justice Foundation) (HAK Association) 47. Judicial System Monitoring Programme Cc: 1. Mr. Sok An, Deputy Prime Minister Fax: + (+855) leewood_phu@nida.gov.kh, info@pressocm.gov.kh 2. Mr. Sar Kheng, Minister of Interior Ministry of Interior, 275 Norodom Blvd, Phnom Penh, Kingdom of Cambodia Fax: Mr. Ang Vong Vathna, Minister of Justice Ministry of Justice, 240 Sothearos Blvd, Phnom Penh, Kingdom of Cambodia Fax: Mr. Hor Nam Hong, Minister of Foreign Affairs, 161 Preah Sisowath Quay, Phnom Penh, Kingdom of Cambodia Fax: / mfaic@mfa.gov.kh 5. Mr. Mak Sambath, Minister & President of the Cambodian Human Rights Committee Office of the Prime Minister, Phnom Penh, Kingdom of Cambodia Fax: / or (c/o Council of Ministers) 6. Ambassador Mr. Ney Samol, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, Chemin de Taverney 3, Case postale 213, 1218 Grand- Saconnex, Switzerland, Fax: , camemb.gva@mfa.gov.kh / cambodge@bluewin.ch

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