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Joint Statement – Phnom Penh, 14 December 2016 CSOs condemn upholding of conviction of human rights defender Ny Chakrya We, the undersigned civil society organizations (“CSOs”), condemn in the strongest terms the upholding of the unjustified conviction of the former Head of the Human Rights and Monitoring Section of the Cambodian Human Rights and Development Association (“ADHOC”) and current Deputy Secretary-General of the National Election Committee (“NEC”), Mr. Ny Chakrya, in a verdict handed down by the Court of Appeal today. This case is not only an instance of injustice committed against one individual, but also just one example of a larger, deeply troubling pattern, whereby over the past year the Royal Government of Cambodia (“RGC”) has used a court system armed with vaguely-drafted provisions of the Cambodian Criminal Code, in what appears to be a deliberate effort to eliminate all dissenting voices ahead of the upcoming elections. Human rights defenders, the labor movement, and civil society activists all face an increasingly hostile environment, in which legitimate human rights work and free expression are criminalized, peaceful protesters are imprisoned, and democratic space is increasingly restricted. Despite pardons being granted to opposition members Kem Sokha and Seang Chet in recent weeks, members of the political opposition also continue to face arrest and imprisonment on spurious charges. Although this conviction relates to his previous work as a human rights defender, Mr. Ny Chakrya’s current role as the only non-partisan member of the NEC and his position as the Deputy Secretary-General of the body, strongly suggests that his prosecution is an attempt to undermine the independence of the NEC. If Mr. Ny Chakrya’s conviction becomes final (i.e. subject to no further appeals), he will be removed from his position at the NEC, a development that would seriously call into question whether the upcoming elections could be considered free, fair, and legitimate. On 22 September 2016, Mr. Ny Chakrya was convicted by Phnom Penh Municipal Court on charges of defamation, malicious denunciation, and publication of commentaries intended to unlawfully coerce judicial authorities, under Articles 305, 311 and 522 respectively of the Criminal Code. He was sentenced to six months in prison and given a fine of six million Riel (approximately $1500). The initial complaint against Mr. Ny Chakrya was submitted by an investigating iudge and a deputy prosecutor at Siem Reap Provincial Court, in relation to criticism he voiced in May 2015 during two press conferences organized by ADHOC, calling for investigation into procedural irregularities in the handling of a land dispute and the release of two victims of land rights violations in that conflict. His appeal hearing took place in the Court of Appeal in Phnom Penh on 6 December 2016. We are extremely disappointed that the Court of Appeal failed to take this opportunity to exercise its judicial independence, and correct the serious deficiencies in the procedures and reasoning of the first instance court. The Municipal Court judge deliberated for a mere 15 minutes before deciding to convict Mr. Ny Chakrya on all three charges, while Mr. Ny Chakrya’s right to adequate time and facilities for the preparation of his defense was severely undermined by the fact that for the past 230 days he – along with four of his former colleagues at ADHOC – has been held in unlawful arbitrary detention in a separate case which also bears all the hallmarks of politically motivated harassment of human rights defenders. 1 All three charges on which Mr. Ny Chakrya was convicted constitute an 1
Four senior staff of ADHOC – Ny Sokha, Nay Vanda, Yi Soksan and Lim Mony - have been informally charged with bribery of a witness and remain in pre-trial detention in connection with their legitimate provision of legal
erroneous and disproportionate application of criminal sanctions to punish and deter the exercise of the fundamental right to freedom of expression, and as such are in violation of Cambodia’s binding legal obligations under international and domestic human rights law. Political speech and discussions of human rights, such as the remarks made by Mr. Ny Chakrya, are protected under international human rights law. We, the undersigned CSOs, reiterate our strong condemnation of this flawed and unfair conviction and the continued detention of Ny Chakrya. We recall Cambodia’s binding obligations under the Constitution and international human rights law, and call on the Cambodian judiciary to discharge these obligations by acting with genuine independence, and on the RGC to immediately cease its instrumentalization of the criminal justice system to silence critics and criminalize the peaceful and legitimate actions of human rights defenders. This statement is endorsed by: No
Name of CSOs
Name
Contact
1
Alliance for Conflict Transformation (ACT)
Ms. Srey Sotheavy
017 990 371
2
Boeung Kak Community
Mr. Chan Puthisak
012 910 023
3
Cambodian Center for Human Rights (CCHR) Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
Mr. Duch Piseth
012 712 371
Mr. Thav Kimsan
012 807 763
5
Cambodian Human Rights Action Coalition (CHRAC)
Mr. Ieng Pich
012 848 124
6
Cambodian Human Rights and Development Association (ADHOC) Cambodian Independent Teacher Association (CITA)
Ms. Ouk Chayavy
092 81 42 83
4
7 8
Center for Alliance of Labor and Human Rights (CENTRAL)
Mr. Moeun Tola
093 556 643
9
Coalition of Cambodian farmer Community (CCFC)
Mr. Theng Savoeun
012 707 381
10
Committee for Free and Fair Election in Cambodia (COMFREL)
Mr. Koul Pahna
012 942 017
11
Community Peace-Building Network (CPN)
Mr. Seng Sokheng
092 324 668
12
Democracy and Human Rights Organization in Action (DHRAC)
Mr. Mok Mai
092 455 807
13
Equitable Cambodia
Mr. Eang Vuthy
012 791 700
14
Gender and Development for Cambodia (GADC)
Ms. Ros Sopheap
012 627 857
and material assistance to the woman alleged to have had an extra-marital relationship with deputy opposition leader Kem Sokha. Ny Chakrya has been charged as an accomplice to the same offense. A joint civil society campaign, #Freethe5KH was launched on 8 August 2016 to draw attention to their continued imprisonment and call for their release.
15
Housing Rights Task Force (HRTF)
Mr. Sia Phearum
012 852 325
16
Independent Democratic Association of Informal Economic (IDEA)
Mr. Vorn Pao
012 534 796
17
Indigenous Youth at Brame Commune, Preah Vihear Province
Mr. Lut Sang
097 456 6466
18
Khmer Youth Association (KYA)
Ms. Sith Hong Eang
017 788 955
19
Kuoy Ethnic Community at Prame Commune, Preah Vihear Province
Ms. Nuon Mun
097 773 7549
20
Land Community, Village I, Sangkat III, Preah Sihanouk Province
Ms. Hang Chenda
012 680 435
21
Land Conflict Community, Krous Village, Battambong province
Mr. Lun Keila
078 726 723
22
Lor Peang Community, Kampong Chhnang Province
Ms. Um Sophy
078 705 936
23
Mother Nature
24
People Center for Development and Peace (PDP-Center)
Mr. Alejandro Gonzalez-Davidson Mr. Seng Rithy
015 681 880
25 26
Ponlok Khmer Railway Station, Toul Sangke A Community
Mr. Ang Cheatlom Mr. Sim Virak
012 517943 069 907 983
27
SOS International Airport Community
Ms. Chray Nim
016 536 900
28
Strey Khmer Organization (SKO)
Ms. Arun Reaksmey
092 952 208
