Posts Tagged ‘ADHOC5’

Cambodia: Quash Convictions of ‘ADHOC 5’

June 22, 2022
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© 2018 ADHOC

The Cambodian authorities should quash the baseless criminal convictions of four members and one former member of the Cambodian Human Rights and Development Association (ADHOC), Human Rights Watch said on 22 June 2022. On June 21, 2022, four of the defendants, Yi Soksan, Lim Mony, Ny Sokha, and Ny Chakrya appealed a May 23 appeals court ruling upholding their convictions to the Cambodian Supreme Court.

From the very beginning, the Cambodian authorities have sought to unjustly punish the ADHOC 5 as a way to intimidate all civil society activists from criticizing Prime Minister Hun Sen’s government,” said Phil Robertson, deputy Asia director at Human Rights Watch. “Foreign governments, the United Nations country team, and international donor agencies should urge the authorities to drop these cases and end all repression of human rights defenders.” See also: https://humanrightsdefenders.blog/2017/03/11/even-landmark-un-decision-does-not-change-cambodias-treatment-of-human-rights-defenders/

In April 2016 the government’s Anti-Corruption Unit arrested ADHOC members Ny Sokha, Nay Vanda, Yi Soksan, and Lim Mony, along with the former ADHOC member Ny Chakrya, who was then deputy secretary-general of the National Election Committee, and accused them of making false statements regarding a criminal case against the then-opposition leader Kem Sokha.

The five activists spent 14 months in pretrial detention. During their criminal trial, the prosecution failed to present any of the witnesses mentioned in the case or provide any credible evidence to substantiate the charges.

On September 26, 2018, the Phnom Penh municipal court convicted Vanda, Sokha, Soksan, and Mony of “bribery of a witness” (article 548 of Cambodia’s criminal code) and Chakrya of being an accomplice (articles 28 and 548). All five received suspended five-year prison terms, minus 14 months of time served.

On October 24, 2018, the defendants appealed the guilty verdicts to the Court of Appeal. The prosecutor’s office also filed an appeal, seeking to have the defendants serve the remainder of their suspended sentence in prison. The Court of Appeal denied both appeals on May 23, 2022.

The ADHOC 5 case arose during a broader government crackdown on civil society and the political opposition, specifically on the Cambodia National Rescue Party (CNRP), which the government-dominated Supreme Court later dissolved in a politically motivated ruling.

The former CNRP leader, Kem Sokha, continues to face unsubstantiated, politically motivated treason charges brought in September 2017. While he is no longer detained, his trial only recommenced in January, after being suspended for two years ostensibly because of the Covid-19 pandemic and the government deemed his case to not be a “priority”. The allegations against Sokha are based on the government’s groundless claim that the CNRP fomented a “color revolution” to overthrow the government.

Human Rights Watch has documented the situations of more than 50 current political prisoners in Cambodia, including both those in pretrial detention and those serving prison sentences following politically motivated convictions. They include political opposition members, human rights defenders, land and environmental rights activists, and journalists.

“The Cambodian authorities should recognize that every day the ADHOC 5 case persists, the greater this travesty of justice inflicts harm to the government’s reputation,” Robertson said. “The only way for justice to be served is for the prosecutor to quash the convictions and provide the defendants with an appropriate remedy for the years of hardship the case caused them.”

see also: https://www.martinennalsaward.org/hrd/the-khmer-5/

https://www.hrw.org/news/2022/06/22/cambodia-quash-convictions-adhoc-5

Cambodian ‘ADHOC 5’ Human Rights Defenders surprisingly freed…for the time being

June 30, 2017
 Lim Mony (first from left), Nay Vanda (third from left), Ny Sokha (fourth from right), and Yi Sokan (first from right) speak to the media in Phnom Penh after their release from pre-trial detention, June 29, 2017.
Lim Mony (first from left), Nay Vanda (third from left), Ny Sokha (fourth from right), and Yi Sokan (first from right) speak to the media in Phnom Penh after their release from pre-trial detention, June 29, 2017.  RFA
Many media outlets [here Radio Free Asia] and social media reported on the conditional release of the ‘ADHOC5′ (https://humanrightsdefenders.blog/2017/04/29/the-adhoc-five-in-cambodia-continue-to-linger-in-shameful-pre-trial-detention-for-more-than-a-year). On 29 June 2017, Phnom Penh Municipal Court Judge Theam Chan Piseth concluded his investigation and issued a court order to send their case to trial, conditionally freeing the five from detention and placing them under court supervision. According to the ruling, the five cannot change their residence or leave the country without court permission and must answer to any court summons. Following their release, the former detainees traveled to a nearby temple, where a Buddhist monk performed a cleansing ceremony to “wash away all evil.” The four active ADHOC officials then gathered at their organization’s office for an hour before returning to their homes.

[ADHOC officials Lim Mony, Ny Sokha, Yi Soksan, and Nay Vanda, and National Election Committee (NEC) deputy secretary-general Ny Chakrya, had been held for 427 days amid a wide-ranging probe into a purported affair by opposition Cambodia National Rescue Party (CNRP) president Kem Sokha. Authorities have charged the ADHOC officials with bribery and the NEC official—who is also a former ADHOC official—with accessory to bribery for attempting to keep Kem Sokha’s alleged mistress quiet. The five are collectively known as the “ADHOC 5.”]

Ny Chakra’s lawyer Som Sokong told RFA’s Khmer Service that he welcomed the provisional release of the ADHOC 5, but said the court should have thrown out their cases. “We are not satisfied with the court for not dropping all charges against them,” he said. “This release was done through a closing order by the investigating judge, who has forwarded the case to trial while releasing the charged persons provisionally. Their provisional detention has never been justified, which means it was a violation of their rights.”

Speaking to RFA after his release, Ny Sokha said that despite the hardships of his time in prison, he was encouraged by the support he and the other four detainees received from the local and international community, adding that he is committed to continue campaigning for human rights. “Even as a human rights defender, I was still badly mistreated, so I cannot imagine how ordinary people would have been treated,” he said.

Nay Vanda thanked the media for its coverage of his case, as well as NGOs and local supporters for pushing for the release of the ADHOC 5, while Ny Chakra pledged to return to his work at the NEC as soon as possible.

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Yi Sokan embraces his daughter in Phnom Penh after his release from prison, June 29, 2017. Credit: RFA

ADHOC director Thun Saray, who fled to Canada last fall amid the charges against his four colleagues, told RFA he was pleased to learn that they had been released, but added that a provisional release was not enough to bring them and Ny Chakra justice. “I’m afraid they will be imprisoned again if their activities upset their arrestors.”

In response to an April court ruling to extend the pre-trial detention of the ADHOC 5, the United Nations Human Rights Office of the High Commissioner (OHCHR) called for Cambodian Prime Minister Hun Sen’s government to “release without delay” the five rights defenders, while the U.N. Working Group on Arbitrary Detention recommended last November that they be freed. On April 26, the detainees were collectively named as a finalist for the 2017 Martin Ennals Award https://humanrightsdefenders.blog/2017/04/26/breaking-news-three-human-rights-defenders-selected-as-finalists-for-the-2017-martin-ennals-award/.

Source: Cambodia Court Conditionally Frees ADHOC 5 Rights Activists