Cambodia: Arbitrary Detention of Human Rights Defender Mr. Kuch Veng | Letter

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

Re: Arbitrary Detention of Mr. Kuch Veng, human rights defender

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.

We are following up on our letters of 23 May 2013 and 22 July 2013 concerning Mr. Kuch Veng (attached in English and an excerpt of the 23 May 2013 letter in Khmer). On 19 May 2013, Mr Kuch Veng, a land rights activist, 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 the arrest, Mr. Kuch Veng was visiting villagers affected by the community’s land conflict with the Pheapimex Company Ltd, owned by Ms. Choeung Sopheap (also known as Yeay Phu), wife of Cambodia People’s Party Senator, Mr Lao Meng Khin. Police officers reportedly failed to show an arrest warrant or state the reason for the arrest. Mr. Kuch Veng was kept in detention without bail and charges were filed on 4 July 2013. A trial was scheduled for 10 July 2013, but was postponed pending a decision from the investigating chamber of the court.

We understand that a bail hearing of approximately 20 minutes was held at the Appeal Court on 23 July 2013, and pre-trial release was denied. Reasons given by the Appeal judge were that:  1) there was evidence of the accused’s guilt and that the victim suffered damage; 2) the case has been sent to hearing; and 3) there was no evidence to confirm Mr. Kuch Veng’s illness in the form of a document from the hospital or doctor. The Court made this latter finding despite information that Mr. Kuch Veng had been sent by prison officials to Pursat provincial hospital and was kept at the hospital in a locked room guarded by two or three prison officials. We understand that a trial has been re-scheduled for 20 August 2013 in Pursat Provincial Court.

In considering pre-trial release, the Appeal Court apparently did not apply Article 203 of the Code of Criminal Procedure and incorrectly assumed that the onus was on the accused to prove the right to release rather than on the prosecution to prove the necessity for detention. The reported reasons do not identify a legal justification for detention undereither Cambodian law or international law.  Kuch Veng is entitled to the presumption of innocence and to release pending trial pursuant to the provisions of the International Covenant on Civil and Political Rights (ICCPR) to which Cambodia is a party. The onus is on the prosecutor to first demonstrate that exceptional circumstances exist that require detention to prevent flight, interference with the administration of justice or to harm to others and second, that no alternative could provide prevention of the demonstrated harm(s). The Appeal Court reasons do not contain a finding of any such concerns.

For further information about the applicable international human rights law we refer you to the attached letter of 23 May 2013 (also found at http://www.lrwc.org/?p=7165; Khmer excerpt found at http://goo.gl/uBuoUx). We also point out that international human rights law and Cambodia’s Code of Criminal Procedure require a fair trial before a competent, independent and impartial court and that no conviction may be entered without evidence of guilt beyond a reasonable doubt. The information we have received suggests that the charges against Mr. Kuch Veng are related to his work as a human rights defender and that Mr. Kuch Veng is being detained arbitrarily to suppress his legitimate human rights work.

LRWC requests that immediately steps be taken to:

• Ensure the pre-trial release Mr. Kuch Veng in accordance with Cambodian and international law;
• Ensure the withdrawal of all unfounded charges and false allegations against Mr. Kuch Veng;
• Ensure that all judges, prosecutors and other officials in this case are properly mandated and empowered to act independently and impartially  in accordance with law, including legal obligations to adhere to Cambodia’s Constitution, Criminal Code and Code of Criminal Procedure as well as all international obligations arising from or recognized by, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Basic Principles on the Independence of the Judiciary.
• Ensure that Kuch Veng is provided with proper and adequate medical attention;
• Ensure the physical and psychological safety and wellbeing of Kuch Veng.

LRWC also urges your government to 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 and domestic law obligations.

Yours sincerely,

Gail Davidson, Executive Director
Lawyers’ Rights Watch Canada