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On 19 May 2013 Mr. Kuch Veng, a land rights and forestry activist and member of the Community Peace Network, was arrested in the Krako district, without provision of reasons or an arrest warrant, and has not been released. Reports indicate that Kuch Veng is being detained for questioning in relation to allegations of fraud from 2010, but LRWC believes his arrest is motivated by his peaceful and legitimate work as a human rights defender. For now no charges have been laid.
LRWC sent a letter on 23 May 2013 requesting the immediate and unconditional release of Mr. Veng and the dropping of false allegations against him. Kuch Veng has been active in land rights work since 2000 when the Pheapimex Group began operating in the area. Kuch Veng’s arrest is part of an alarming pattern of arbitrary arrests and detentions, the majority of which are community members asserting their rights in land disputes, over land concessions to investors or investment companies. See the full letter below.
23 May 2013
H.E. 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
H.E. Sok An
Deputy Prime Minister and Chairman, Council for Legal and Judicial Reform
Council of Ministers
Nº. 38, Confederation de la Russie12209
Phnom Penh, CAMBODIA
Fax: +855-23-880-628, +855-23-880-635, +855-23-212-490; Email: info@pressocm.gov.kh, pressocm@gmail.com
H.E. Sar Kheng
Deputy Prime Minister and Minister of Interior
Ministry of Interior,
275 Norodom Blvd,
Phnom Penh, Kingdom of Cambodia,
Fax: + 855 23 212708. Email: moi@interior.gov.kh
H.E. Ang Vong Vathna
Minister of Justice
No 240, Sothearos Blvd.
Phnom Penh, Kingdom of Cambodia,
Fax: 023 364119. Email: moj@cambodia.gov.kh
H.E. Hor Nam Hong
Minister of Foreign Affairs
161 Preah Sisowath Quay
Phnom Penh, Kingdom of Cambodia
Fax: + 855 23 21 61 44 / + 855 23 21 69 39.
Email: mfaicasean@bigpond.com.kh
Your Excellencies:
Re: Judicial harassment and arbitrary detention of Mr. Kuch Veng,
I am writing on behalf of Lawyers Rights Watch Canada (LRWC), a committee of Canadian lawyers who promote human rights and the rule of law internationally. LRWC also provides support to lawyers and other human rights defenders in danger because of their advocacy.
LRWC is alarmed to hear that on 19 May 2013 at 9:30 am, Mr Kuch Veng, a land rights activist and community forestry leader and member of the Community Peace Network, was arrested by four police officers at Kbal Trach commune, Krako district, Pursat village. At the time of this arrest, Kuch Veng was visiting ten families of villagers affected by the community’s land conflict with the Pheapimex Company Ltd. This corporation is owned by Ms. Choeung Sopheap (also known as Yeay Phu), whose husband is also an influential business person and a Cambodia People’s Party Senator, Mr Lao Meng Khin.
The police officers reportedly did not show an arrest warrant or state the reason for the arrest. The police told the villagers that if they wanted to know the charges, they would have to go to the district police station. It is reported that Kuch Veng was later sent to the Pursat Provincial Court at 9:00 am on 20 May 2013. He has not been released.
Although reports indicate that on 29th May 2013 Kuch Veng is to be questioned by an investigating judge of Pursat provincial court regarding allegations of fraud in 2010, LRWC believes his arrest is motivated by his peaceful and legitimate work as a human rights defender and not by the fraud allegations. Kuch Veng has been active in land rights work since 2000 when the Pheapimex Group commenced activities in the area. He has been involved with the Community Peace Network since 2010. He has been arrested a number of times because of his land rights work. The 19 May 2013 arrest is part of an alarming pattern of arbitrary arrests and detentions of human rights defenders. Most frequently the victims of arbitrary arrest and detention are people asserting community members’ rights in land disputes with powerful corporate land concession holders who have influence with government officials.
Whether or not charges in relation to the 2010 fraud allegations are laid, Kuch Veng is entitled to the presumption of innocence and to release pending hearings or trial pursuant to the provisions of the International Covenant on Civil and Political Rights (ICCPR) to which Cambodia is a party. The right to be presumed innocent until proven guilty is recognized by the Universal Declaration of Human Rights (UDHR), Article 11.(1) and guaranteed by the ICCPR (Article 14.(2)). Freedom from arbitrary detention and the right to release is recognized by Articles 3 and 9 of the UDHR and guaranteed by Article 14.(2) of the ICCPR. These provisions of the UDHR and the ICCPR preclude pretrial detention except when detention is both necessary and the only means to protect public safety, ensure attendance in court and/or prevent interference with evidence. Cambodia’s Constitution specifically guarantees recognition and respect for the UDHR and the ICCPR, and states in Article 38 that accused persons “shall be considered innocent until the court has judged finally on the case.” Cambodia’s Code of Criminal Procedure. Article 203, confirms these principles and must be read in conformity with the UDHR and the ICCPR. LRWC is aware of no allegations or evidence of any lawful reason for continued detention of Kuch Veng, and he should be released immediately.
Human rights defenders such as Kuch Veng are entitled to conduct peaceful human rights advocacy and to be protected from all forms of retaliation including arbitrary arrest and detention, malicious prosecution and judicial harassment. The Declaration on Human Rights Defenders, adopted 9 December 1998 by consensus of the member States of the United Nations General Assembly, states that:
- “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels” (Article 12.1);
- “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms” (Article 1);
- “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.” (Article 12.2)
LRWC requests all necessary steps be immediately taken to:
- Immediately release Mr. Kuch Veng;
- immediately and unconditionally drop the false allegations for which Kuch Veng is being investigated;
- ensure the physical and psychological safety and wellbeing of Kuch Veng.
We also urge your government to ensure that all judges, prosecutors and other officials in this case are mandated and empowered to act independently and in accordance with law, including the legal obligations recognized and created by the Universal Declaration of Human Rights, ICCPR and the Basic Principles on the Independence of the Judiciary. The Principles articulate State duties to ensure judicial independence and impartiality and to prevent interference.
LRWC also requests that your government ensure: 1) the safety of all human rights defenders advocating for community and individual rights to the occupation and use of lands and resources; 2) an immediate halt to all forms of intimidation and harassment of human rights defenders including land rights advocates, journalists and others calling for adherence to Cambodia’s international law and Constitutional obligations.
Yours sincerely,
Gail Davidson
Executive Director
Lawyers’ Rights Watch Canada
Copied to:
H.M. Preah Bat Samdech Preah Boromneath Norodom Sihamoni
Office of the King
Royal Palace
Phnom Penh, Cambodia
Fax: +855 23 426802
H.E. Om Yentieng
President, 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)
Email: info@pressocm.gov.kh, pressocm@gmail.com
Ambassador Mr. Sun Suon
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.
Email: camemb.gva@mfa.gov.kh; cambodge@bluewin.ch
Mr. Surya Prasad Subedi
UN Special Rapporteur for human rights in Cambodia
c/o Office of the High Commissioner for Human Rights/Cambodia
N 10, Street 302, Sangkat Boeng Keng Kang I, Khan Chamcar Mon
P.O. Box 108
Phnom Penh, Cambodia,
Fax: (+855) 23 212 579, 213 587, Email: cohchr@online.com.kh
Mrs. Margaret Sekaggya
Special Rapporteur on the situation of human rights defenders
c/o Office of the High Commissioner for Human Rights
Palais Wilson United Nations Office at Geneva
CH 1211 Geneva 10 Switzerland
Fax: +41(0) 22.917.90.06, email: defenders@ohchr.org
Gabriela Carina Knaul de Albuquerque e Silva
Special Rapporteur of the Human Council on the independence of judges and lawyers
c/o Office of the United Nations High Commissioner for Human Rights
United Nations Office at Geneva
8-14 Avenue de la Paix
1211 Geneva 10 Switzerland
Fax: +41 22 917 9006; e-mail: SrindependenceJL@ohchr.org
Mr. Maina Kiai
Special Rapporteur on the rights to freedom of peaceful assembly and of association
c/o Office of the High Commissioner for Human Rights
Palais Wilson United Nations Office at Geneva
CH 1211 Geneva 10 Switzerland
Fax: +41(0) 22.917.90.06, email: freeassembly@ohchr.org
Mr. Frank La Rue
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Palais des Nations
CH-1211 Geneva 10 Switzerland
Fax: +41 22 917 9006, Email: freedex@ohchr.org
Mr. El Hadji Malick Sow
Chair-Rapporteur
Working Group on Arbitrary Detention
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
8-14, avenue de la Paix
1211 Geneva 10, Switzerland, Fax: +41 22 9179006, e-mail: wgad@ohchr.org
Office of the UN High Commissioner for Human Rights
No. 10, Street 302, P.O. Box 108 ,
Phnom Penh, Cambodia
Fax: (+855) 23 212 579; E-mail: cambodia@ohchr.org
Mr. José Manuel Barroso, President
Ms. Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy
Mr. Karel de Gucht, Commissioner for Trade
European Commission Berlaymont
Rue de la Loi/Wetstraat 200
1049 Bruxelles, Belgium
Fax: +32 (0)2 296 42 84 (BERL 3/350), +32 (0)2 295 01 43 (BERL 2/342)
Email: jose-manuel.barroso@ec.europa.eu, sg-web-president@ec.europa.eu, catherine.ashton@ec.europa.eu, Karel.DE-GUCHT@ec.europa.eu
Ambassador Ron Hoffmann
Embassy of Canada
P.O. Box 2090
Bangkok 10501, Thailand
Fax: +66 (0) 2636-0566; email: bngkk@international.gc.ca, bngkk-gr@international.gc.ca
Pheapimex Co. Ltd.
#17, Wat Langkar (St.55)
Phnom Penh, Cambodia
Fax: (+855) 023 212 240; email: vannvymex@online.com.kh
