Home / News / Urgent Appeals / CAMBODIA: Two prominent human rights activists arrested on defamation charges

CAMBODIA: Two prominent human rights activists arrested on defamation charges

January 3, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEALS PROGRAMME
Urgent Appeal

3 January 2006
------------------------------------------------------------------------
UA-004-2006: CAMBODIA: Two prominent human rights activists arrested on defamation charges

CAMBODIA: Freedom of expression; Human Rights Defenders
------------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the arrest of two prominent human rights activists, Mr. Kem Sokha and Mr. Yeng Virak, which took place in Phnom Penh, Cambodia on 31 December 2005.
Mr Kem Sokha is a nationally well respected politician who has consistently advocated for democracy and is also president of the Cambodian Center for Human Rights (CCHR). Mr Yeng Virak is the director of the Community Legal Education Centre (CLEC) and is also a well known human rights activist. Both Mr Yeng Virak and Mr Kem Sokha were members of the organising committee for activities to mark international human rights day on December 10.

According to the information received, both of them were charged over allegedly offensive banners displayed during the December 10 activities. Mr Kem Sokha was arrested after a three-hour standoff at his office while Mr Yeng Virak was detained separately. It brings the number of government critics and rights activists who have either been jailed pending trial or have fled the country in the last two months to nine.

The AHRC is deeply concerned by this matter, which is yet another indication of the Cambodian government's use of defamation charges to silence and intimidate its opposition and critics.

We call for your urgent intervention into this matter. Please send a letter to
the UN Secretary General Mr. Kofi Annan, and urge him to pressure the Cambodian government to release the two men from prison and withdraw the charges against them. Please also urge him to encourage the Cambodian government to establish democratic governance and a culture of human rights.  

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
------------------------------------------------------------

January 3, 2006

An Open Letter to the UN Secretary General Mr. Kofi Annan

Dear Mr Annan,

RE: CAMBODIA: The arrest of a senior politician committed to human rights and another prominent human rights activist on December 31, 2005 for organising human rights day activities on December 10

The Asian Human Rights Commission (AHRC) is writing to direct your attention to the serious human rights violations committed by the arrest of Mr Kem Sokha and Mr Yeng Virak on December 31, 2005.

Mr Kem Sokha is a senior Cambodian politician, who has been a member of parliament since its inception in 1993 after the United Nation’s sponsored elections. In fact, both during and after the period of the United Nations Transitional Authority in Cambodia, Kem Sokha has been a prominent spokesperson for liberal democracy, which was introduced by the Cambodian Constitution of 1993. His work was recognised by the new government and he was appointed to head the Human Rights Commission created after the elections, in which capacity he served for several years. He is a nationally known and well respected politician who has consistently advocated for democracy. He is also the president of the Cambodian Center for Human Rights (CCHR).

Mr Yeng Virak is the director of the Community Legal Education Centre (CLEC) and is also a well known human rights activist. Both Mr Yeng Virak and Mr Kem Sokha were members of the organising committee for activities to mark international human rights day on December 10. These activities attracted a large crowd from all over Cambodia, with over 10,000 persons. The activities and demonstrations were held peacefully, without any violence.

For this reason, the December 31 arrests of these two individuals came as a shock to everyone. On learning of the arrests, embassy officials from the United States, Britain, Germany and many other countries as well as representatives from the United Nations Cambodian Office of the High Commissioner of Human Rights, many international human rights and development agencies and local human rights groups, gathered to witness the arrests.

Mr Kem Sokha and Mr Yeng Virak were arrested and taken to court separately, despite protests by their lawyers and others. It appears that the alleged charges against them are based on the contents of alleged banners exhibited on December 10. The organisers of the December 10 event stated that some unknown persons attempted to exhibit banners accusing Prime Minister Hun Sen of being a communist and a traitor who sold away Cambodian land to Vietnam; the use of these banners was immediately stopped by the organisers. Given past experiences in Cambodia, there is concern that these banners were part of a plot to implicate the organisers.

Both Mr Kem Sokha and Mr Yeng Virak are currently in prison awaiting further inquiries. Under Cambodian law, persons can be detained pending such inquiries for long periods of time.  The conditions of Cambodian prisons are known to be extremely poor and unhygienic.

The last few months have seen several persons sentenced to imprisonment on defamation charges, while many others have fled the country to avoid arrest. The arrests of Mr Kem Sokha and Mr Yeng Virak are seen as part of the same scheme to arrest all opposition members and government critics. Their detention comes 10 days after Sam Rainsy, the head of the main opposition party, was convicted in absentia of defaming Mr Hun Sen and the national assembly speaker. It brings the number of government critics and rights activists who have either been jailed pending trial or have fled the country in the last few months to nine.

The United States ambassador, Joseph Mussomeli, described the arrest of these two individuals as another step down the wrong path, with little left to a real democracy.

Under the sponsorship of the UN, the international community has invested enormously in Cambodia, with a view towards restoring stability and establishing responsible governance for a people who have undergone one of the worst catastrophes in human history. The introduction of liberal democracy through the 1993 Constitution was seen as an encouragement for the people to rebuild their lives and regain their dignity. However, the present attempts to silence critics and reintroduce a fear psychosis will severely undermine the few steps towards democracy and human rights taken by the country.

The AHRC therefore requests you to get the United Nations as a whole, through its Security Council, to respond urgently to the situation that has developed in Cambodia.  The United Nations also has an obligation to those persons in Cambodia who have heeded its call for the development of democratic governance and a culture of human rights. Mr Kem Sokha and Mr Yeng Virak are a symbol of many thousands who wish to pursue that path of democracy. The AHRC therefore requests you to also intervene on behalf of both these men in order to get them released from prison immediately.

Yours sincerely,


Basil Fernando
Executive Director
Asian Human Rights Commission



SUGGESTED ACTION:
Please send a letter to the UN Secretary General Mr. Kofi Annan and urge him to intervene into this matter immediately. Please also send a copy of the letter to the UN High Commissioner for Human Rights and the Special Rappresentative of the Secretary-General for human rights in Cambodia.

Sample letter:

Dear Mr. Annan,

Re: CAMBODIA: Two prominent human rights activists arrested on defamation charges

I am very disturbed to learn about the arrest of the two prominent human rights activists, Mr. Kem Sokha, the president of the Cambodian Center for Human Rights (CCHR) and Mr. Yeng Virak, the director of the Community Legal Education Centre (CLEC) which took place on 31 December 2005. They were charged with defamation against the government and are currently in prison awaiting further inquiries. Under Cambodian law, persons can be detained pending such inquiries for long periods of time.  The conditions of Cambodian prisons are known to be extremely poor and unhygienic.

This is yet another indication of the Cambodian government's use of defamation charges to silence and intimidate its opposition and critics. It brings the number of government critics and rights activists who have either been jailed pending trial or have fled the country in the last two months to nine.

I therefore request you to intervene into this matter and pressure the Cambodian government to release the two men from prison and withdraw the charges against them immediately. I also urge you to encourage the Cambodian government to establish democratic governance and a culture of human rights.  

Yours truly,


-------------------

SEND A LETTER TO:

Mr Kofi Annan
Secretary General of the United Nations
Office of the Spokesman for the Secretary-General
United Nations,
S-378, New York, NY 10017
USA
Tel: +1 212 963 5012
Fax: +1 212 963 7055 or 2155
E-mail: ecu@un.org, inquiries@un.org

SEND A COPY TO:

1. Ms. Louise Arbour
United Nations High Commissioner for Human Rights
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Fax: +41 22 917 9012/0213

2. Mr. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Contact: Ms. Afarin SHAHIDZADEH
Room: 3-080
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Tel: +41 22 91 79214
Fax: +41 22 91 79018


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC) 
Document Type :
Urgent Appeal Case
Document ID :
UA-004-2006
Countries :
Share |
Subscribe to our Mailing List
Follow AHRC
Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.