Cambodia: Arbitrary detention of Messrs. Koet Saray, Mean Prommony, Kong Sam An, Tha Lavy, Muong Sopheak and Ms. Eng Malai

The Observatory has been informed by reliable sources about the ongoing arbitrary detention of six human rights defenders in relation to a peaceful assembly that was to take place at Freedom Park in Phnom Penh on September 7, 2020 in order to demand the release of Mr. Rong Chhun[1] and other imprisoned human rights defenders.

According to the information received, on September 6, 2020, Mr. Koet Saray, a Buddhist monk and a member of the Khmer Thavrak youth group[2], and Mr. Mean Prommony, Vice-President of the Khmer Student Intelligent League Association (KSILA)[3], were arrested by Phnom Penh police over their plan to attend the above-mentioned assembly, which was eventually prevented by the police. On the same day, Mr. Kong Sam An, ex-member of the Cambodia National Rescue Party (CNRP), was arrested at his home in Tbong Khmum Province.

On September 7, 2020, Mr. Tha Lavy, a member of Khmer Thavrak, was arrested by Phnom Penh police while stepping out of a tuk-tuk at Phnom Penh’s Freedom Park on his way to the gathering. Another Khmer Thavrak member, Ms. Eng Malai, was followed by police from the protest and arrested that same evening after leaving the Office of the United Nations High Commissioner on Human Rights (OHCHR) in Phnom Penh.

On September 7, 2020, Messrs. Koet Saray, Mean Prommony and Kong Sam An appeared before the Phnom Penh Municipal Court. On September 8, 2020, Mr. Tha Lavy and Ms. Eng Malai were also brought before the Phnom Penh Municipal Court. They were all charged with “incitement to commit a felony or cause social unrest” under Articles 494 and 495 of the Cambodian Criminal Code. If found guilty, they could face up to two years in prison and a 4,000,000 Riels (approximately 825 Euros) fine. They were then all placed in pre-trial detention, Messrs. Koet Saray, Tha Lavy, Kong Sam An and Mean Prommony in Phnom Penh’s Correctional Center 1 (CC1) and Ms. Eng Malai in Phnom Penh’s Correctional Center 2 (CC2), where they currently remain detained.

On September 11, 2020, Mr. Muong Sopheak, a member of KSILA, was arrested by the police in Phnom Penh and subsequently charged with “incitement to commit a felony or cause social unrest” for planning to participate in the above-mentioned assembly. He was then taken to CC1, where he remains detained.

This wave of arrests follows the detention of three more defenders who were charged with “incitement to commit a felony or cause social unrest” and put in pre-trial detention in August for participating in peaceful demonstrations calling for Mr. Rong Chhun’s release, including Ms. Sar Kanika, a CNRP member who was arrested in Phnom Penh on August 7, 2020; and Ms. Chhoeun Daravy and Mr. Hun Vannak, two Khmer Thavrak members who were arrested on August 13, 2020. They all remain in pre-trial detention, Ms. Chhoeun Daravy and Ms. Sar Kanika in CC2 and Mr. Hun Vannak in CC1.

The Observatory further recalls that Mr. Thun Ratha, Ms. Long Kunthea, and Ms. Phoun Keo Reaksmey, three members of “Mother Nature Cambodia”, also remain detained since September 3, 2020 for planning a peaceful demonstration to denounce the exploitation of Phnom Penh’s Bueng Ta-mouk lake[4].

Moreover, on September 7, 2020, the Ministry of Interior released a statement instructing authorities to take legal action against members of Khmer Thavrak and Mother Nature Cambodia, accusing the two groups of “causing social chaos”, and labelling them as illegal for not being registered under the repressive Law on Associations and Non-Governmental Organizations (“LANGO”)[5].

The Observatory reiterates its deepest concern about the fact that Cambodian authorities systematically use legal harassment and the politicised judicial system to target all critical voices, including human rights defenders, as well as about the serious deterioration of the human rights situation in the country, including through increasing obstacles to the exercise of freedoms of expression and peaceful assembly in Cambodia.

The Observatory calls for the immediate and unconditional release of all above-mentioned human rights defenders since their detention is arbitrary as it only aims at punishing them for their legitimate human rights activities.