Urgent Action Case Alert Notice to Members of the Khmer Community
Allison J Love
Legal Intern, Commission of Inquiry for Cambodia
Allison J. Love, a legal intern of the Commission of Inquiry provides a video message speaking about a letter-writing model for the Khmer community to send to Hun Sen government officials in support of the prisoners of conscience.
(Detailed transcript and letter-writing model can be found below)
Your special attention and action is urgently needed to provide letters of concern/protest/support on behalf of two groups of prisoners of conscience that presently are facing the threat of arbitrary arrest, imprisonment and criminal prosecution at the hands of the Hun Sen government. There is a long history of letters of support of this type having major positive results through the work and experience of Amnesty International and their network of local community groups that write these letters on behalf of prisoners of conscience worldwide. By shining a spotlight on the abuses that are being perpetrated against these prisoners of conscience, and by making it clear to the oppressive governments subjecting them to arbitrary arrests and imprisonment that “the world is watching,” and that their acts of persecution are being seen, the international community can afford these prisoners of conscience a measure of protection that they will not have on their own.
The two groups of prisoners of conscience that desperately deserve and need your support are:
Defendants in the Mass Criminal Trials that the Hun Sen government has initiated against 137 leaders and members of the main opposition political party, including Theary Seng and [list other key Defendants by name] ...
Independent journalists who are being silenced by the Hun Sen for exercising their free press and free expression rights, in an effort to tell the true story of what is happening in Cambodia – their situation has just been made the subject of a special new hard-hitting report by the United Nations issued on August 3, titled: “The State of Press Freedom in Cambodia.”
What the UN report makes clear, and what we need to emphasize in our letters of concern and protest as well, is that these massive arrests, criminal prosecutions, and other forms of highly repressive harassments, are being carried out by the Hun Sen government for the specific purpose of controlling the results of the upcoming 2023 national elections, making it impossible for any form of meaningful political opposition to take place, and heavily controlling the ability of civil society and voters in Cambodia to participate in political life, and in the elections, in a meaningful and effective way. The Hun Sen government’s oppressive tactics are designed to silence and immobilize critics, and to assure that Hun Sen remains in power on an indefinite and uncontested basis. The linkage between these major human rights and rule of law abuses, and Hun Sen’s purpose of controlling the electoral process and removing any form of public criticism or participation, needs to be emphasized in our letters of concern and protest, just as the United Nations did in its “Press Freedom” report.
You are free to write your letter of protest/concern on behalf of one of the Mass Trial Defendants and/or independent journalists listed in this Alert, or on behalf of all of them as a group. A “model” letter has been provided on the following page that you can use to help frame your submission, and names have been provided of the officials to whom your letters of protest/concern should be sent, with their addresses. So your task is simple. Just make whatever additions to the model letter that you wish, add your name and contact information, and send it on to the appropriate officials. Be sure to send a copy of your letter to us at: [ADDRESS PROVIDED HERE] so that we can keep track of the results of your efforts.
Model Letter of Concern/Protest on Behalf of Detainees and Other Prisoners of Conscience
[Following the Amnesty International model with appropriate names and addresses of both the United Nations and the Hun Sen government officials]
H.E. Koeut Rith, Minister of Justice of Cambodia
E: moj@cambodia.gov.khMr. Hun Sen, Prime Minister of the Kingdom of Cambodia
E: 2eewood_phu@nida.gov.kh / cppparty@gmail.comMr. Sar Kheng, Minister of Interior and Deputy Prime Minister of the Kingdom of Cambodia
E: moi@cambodia.gov.khMr. Prak Sokhon, Minister of Foreign Affairs and Deputy Prime Minister of the Kingdom of Cambodia
E: mfaic@mfa.gov.kh / mfaicasean@mfaic.gov.khMr. Ly Chantola, President of the Cambodian Bar Association
E: info@bakc.org.khH.E. Mr. Sokkhoeurn An, Permanent Mission of the Kingdom of Cambodia to the United Nations in Geneva, Switzerland
E: camemb.gva@mfaic.gov.khH.E. Mr. Sovann Ke, Permanent Representative of Cambodia to the United Nations
E: camemb.un@mfa.gov.kh
Dear [Cambodian Government Official Name] _________________,
We are writing to express our concern and protest regarding the arbitrary and unlawful treatment of two groups of Cambodia citizens who are being subjected to major abuses in violation of universally accepted standards of international human rights and rule of law requirements. They are first, leaders and members of the leading political opposition party who have been arrested and detained, and subjected to criminal prosecution in Mass Criminal Trials charging them with treason and incitement of social unrest because of their political affiliation and activities. And, second, a number of independent journalists, who have been targeted by the Hun Sen government for criminal prosecution and other forms of harassment and repression for exercising their free expression and free press rights to criticize government policies and practices as part of their work as journalists.
In the case of the political opposition leaders and members, over 130 have been subjected to Mass Criminal Trials leading to convictions of between five to eight years. Their trials are linked to long-standing government actions aimed at eliminating meaningful and effective political opposition to the Hun Sen government, including declaring the main political opposition party illegal, and eliminating any form of meaningful public criticism and civil society activities that the Hun Sen government views as a threat to their ability to stay in power on an indefinite and uncontested basis.
Among the detainees and Mass Criminal Trial Defendants are Cambodian American lawyer Theary Seng, who is currently serving a six year sentence in a Preah Vihear prison, and thirty other party members and activists currently serving or facing prison sentences, including Heng Chan Sothy, Kam Komphear, Tum Bunthorn, and Yok Neang. Overseas defendants include former CNRP leaders Sam Rainsy, Mu Sochua, Ho Vann, Eng Chhai Eang, Ou Chanrith, Long Ry, Men Sothavarin, and Nuth Romduol.
In the case of the independent journalists, their arrests and prosecutions are linked to prior government actions aimed at closing down and/or silencing independent media outlets and actual news coverage. The United Nations, in a 3 August report titled “The State of Press Freedom in Cambodia,” identified twenty-seven independent journalists being targeted because of their news coverage. The United Nations report correctly noted that the prosecution of these independent journalists was linked to a broader range of highly repressive government actions aimed at closing down and/or silencing civil society institutions so as to control the outcome of the upcoming 2023 national elections in Cambodia, thereby keeping Hun Sen in power. The United Nations found that the government’s campaign of repression was designed to prevent the elections from being free and fair, and guaranteeing that Hun Sen would remain in control without meaningful and effective political opposition.
Among the journalists that the United Nations identified as being targeted for abuse were Kouv Piseth, Uon Chhin and Yeang Sothearin, whose ongoing legal proceedings make their cases of particular concern. Other targeted journalists have included Youn Chhiv, James Ricketson, Rath Roth Mony, Ros Sokhet, Aun Pheap, and Zsombor Peter.
We call on the Hun Sen government to:
Immediately end the criminal prosecutions of these prisoners of conscience;
Release them from prison;
Reopen and allow the free and unfettered operation of the main political opposition party and independent media outlets and their reporters; and,
Return the political and electoral process and civil society institutions more generally, to a situation that conforms with international human rights and rule of law standards.
Furthermore, we ask the United Nations and other international monitoring agencies to play a major role in monitoring the free and fair operation of the electoral process leading up to the 2023 elections, so as to assure that the elections can be held on a free and fair basis.
Unless these meaningful and effective reforms are taken prior to the elections, the results of the 2023 national elections should not be recognized and accepted by the international community of nations as legitimate.
Sincerely,
Organizations
Individuals
CC:
khmunity@savecambodia.org
Thibaut Guillet, Special Procedures Branch of the United Nations
E: tguillet@ohchr.org
Roueida El Hage (Ms), United Nations’ Cambodia Office — OHCHR, Country Representative
E: roueida.elhage@un.org