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UPDATE (THAILAND/CAMBODIA): Update on Sok Yoeun

December 12, 2003

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 12 December 2003

[RE: UA-75-2003: A 67 year old political prisoner, Sok Yoeun faces extradition to Cambodia on 29 November 2003]

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UP-52-2003: THAILAND/CAMBODIA: Update on Sok Yoeun

THAILAND/CAMBODIA: Prisoner of conscience; Forced extradition to Cambodia
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Dear friends

On 28 November 2003, the Appellate Court in Thailand ordered the extradition of Cambodian national Mr. Sok Yoeun, 67, who is a political prisoner and prisoner of conscience, to Cambodia. According to the legal process ordered by the court verdict, Mr. Sok Yoeun must be extradited within 90 days. The verdict also notee that he cannot be extradited for the first 15 days after verdict (until 13 December 2003). Therefore, the Thai authorities can send Mr. Sok Yoeun back to Cambodia starting on 14 December 2003.

On 24 December 1999, Sok Yoeun, who fled to Thailand from Cambodian political oppression in September 1999, was arrested on the charge of involvement in the alleged assassination attempt on Hun Sen, which occurred on 24 September 1998. Since then, he has been imprisoned for over three and a half years. At the time of his arrest, he was recognized as a refugee by the United Nations High Commissioner for Refugees (UNHCR). Later, he was also regarded as a prisoner of conscience by Amnesty International. (Refer to our previous urgent appeal regarding this case: http://www.ahrchk.net/ua/mainfile.php/2003/512/)

The Asian Human Rights Commission (AHRC) is gravely concerned that Mr. Sok Yoeun will be sent back to Cambodia, where he will be at risk of ill treatment, incommunicado detention, and unfair trial on politically motivated charges. Your urgent action is required to request the Thai government not to extradite Mr. Sok Yoeun back to Cambodia and to protect him in accordance with international human rights standards and laws.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

According to the legal process refereed by the lower court verdict, the appeal verdict affirmed the lower court and the lower court decided to extradite Mr. Sok Yoeun within 90 days, but not to send him back for first 15 days (from 29 November to 13 December 2003). Mr. Sok Yeoun will be detained at the Klong Prem Prison before extradition. From 14 December 2003 (after 15 days), Thai authorities can request the court to summon Mr. Sok Yoeun in order to process the extradition. The Immigration Office and the Immigration Office shall request the court to order the prison authorities to send Mr. Sok Yoeun to the Suan Pu Immigration Detention Center until the extradition process is finished.

Please send a letter to the Thai authorities requesting them not to extradite Mr. Sok Yoeun to Cambodia and to protect him in accordance with international human rights standards and laws.

SUGESSTED ACTION:

Please send your letters to:

1. Prime Minister Thaksin Shinawatra
Office of the Prime Minister
Government House
Pisanulok Road, Dusit
Bangkok 10300, Thailand
Faxes: 011 66 2 282 8631
Salutation: Dear Prime Minister
Email: govspkman@mozart.inet.co.th

2. Minister of Interior
Asdang Road
Bangkok 10200, Thailand
Faxes: 011 66 2 226 4371

3. Minister of Foreign Affairs
Surakiart Sathirathai
Ministry of Foreign Affairs
Saranromya Palce
Sri Ayudhya Road
Bangkok 10400, Thailand
Faxes: 011 66 2 643 5180

4. Chief Justice of the Criminal Court
Praman Teeyapaiboonfit
Criminal Court
Ratchadapisak Road
Jutujak
Bangkok 10900, Thailand

5. Mr. Jahanshah Assadi
Regional Representative
UNHCR Regional Office for Thailand, Cambodia and Vietnam
3rd floor, United Nations Building
Rajdamnern Avenue, Bangkok 10120
THAILAND
Fax: (662) 280 0555; 281 6100
Email: assadi@unhcr.ch

6. Prof. Dr. Ruud Lubbers
United Nations High Commissioner for Refugees
Case Postale 2500
CH-1211 Gen?e 2 D??
SWITZERLAND
Tel: +41 22 739 8111
Fax: +41 22 917 9006
email: webmaster@unhcr.ch

OTHER SUGGESTED ACTION:
You can also visit this website and sign online petition for Mr. Sok Yoeun: http://www.pitt.edu/AFShome/s/a/sak9/public/html/sokyoeun/

Sample letter:

Dear

Re: Sok Yoeun Should Not Be Extradited to Cambodia

I am writing to bring your urgent attention to Mr. Sok Yoeun, who faces extradition to Cambodia.

A Thai court rejected his appeal against extradition on November 28, and under Thai law he may be returned to Cambodia any time after December 13, 2003. Sok Yoeun, a Cambodian national, has been given refugee status by the United Nations High Comissioner for Refugees and is considered a prisoner of conscience by Amnesty International. He has been in detention in Thailand for three and a half years, pending the outcome of an extradition request by the Cambodian government.

I am gravely concerned that Mr. Sok Yoeun will be at risk of ill-treatment, incommunicado detention and unfair trial on politically motivated charges for which there is no evidence, if he is sent back to Cambodia.

I am calling for his immediate, unconditional release. I also urge you to allow Mr. Sok Yoeun to settle in a third country where he and his family have been granted asylum. In accordance with international human rights and refugee law, and for humanitarian reasons, Mr. Sok Yoeun should be freed immediately and reunited with his family.

Sincerely yours



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Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-52-2003
Countries :
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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.