The Human Rights Actions Network
www.derechos.org/human-rights/actions/
ACTION REQUEST
Conditional Release/ Harassment
KHM 001 / 9812 / OBS 090.01
New Information.
Cambodia.
21 January 1999.
The Observatory for the Protection of Human Rights Defenders, a
programme of FIDH and OMCT, has received further information on the
following situation in Cambodia.
New Information :
The Observatory has been informed by the Cambodian League for
Human Rights (LICAHDO), a member of FIDH of the conditional release
of Mr Kim Sen and Mr. Meas Minear, both members of the above
organisation, following a decision of the Phnom Penh court of appeal.
Following their arrest LICADHO referred the issue to the Sihanoukville
Province Court requesting their conditional release. On the 29th
December the Judge turned down their application without giving any
reasons. On 31 December LICADHO referred the case to the Court of
Appeal of Phnom Penh who issued its positive decision on the 20th of
January overturning the previous decision. According to the law in
force, Mr Kim Sen and Mr. Meas Minear should be face trial within 6
months. The Observatory remains particularly concerned by these
events and would urge that charges against Mr Kim Sen and Mr Meas
Minear be
dropped. Beyond these events the Observatory has been informed of
other acts of harassment on several members of coalition of human rights
called the " Human Rights Action Committee " (see below) following
their calls to establish an international Court to judge the Khmer Rouge
for crimes against humanity. According to the information, whilst
gathering signatures for a petition for the General Secretary of the United
Nations calling for the International Tribunal, several activists were
intimidated by the local authorities. These events took place most
notably in the provinces of Kompong Chhnang, Kompong Thom,
Kompong Cham, Kratic, Kompong Som and Battambang. Moreover on
the 13th of January, the authorities of
the province of Kandal threatened to arrest an activist because of his
involvement in the campaign. Brief reminder of the situation :
The Observatory for the Protection of Human Rights Defenders was
informed by the Human Rights Action Committee, a coalition of 13
national NGOs (including ADHOC, CCPCR, CHHRA, CKIMHDRA,
GENEROUS, IDA, KKKA, KKKHRA,KKKHRDA, KID, LICADHO,
TASK FORCE and VIGILANCE) of the detention of two human rights
workers, Mr. Kim Sen and Mr. Meas Minear from the LICADHO
(Cambodian League for the Defense of Human Rights), member
organization of FIDH, following their involvement in the monitoring f the
demonstrations that took place in K. Som town.
According to the information, on 19 and 20 December 1998, hundreds of
people protested the dumping of toxic industrial waste near the city. On
Monday December 21, at 10 :15 a.m., ten policemen picked up Mr. Kim
Sen, LICADHO's coordinator, in K.Som, from the Deum Pring coffee
shop and escorted him to the police station. The same day, at 10 :40 a.m.,
four policemen took Mr. Meas Minear from LICADHO's office to the
same police station. Prior to and during the interrogation, no arrests
warrants were shown to the two human rights workers nor were they
allowed to consult with a lawyer.
It is further reported that on the 21st of December, at approximately 3 :30
p.m., the two human rights defenders were brought to court and
interrogated by the judge about their activities. At around 6 :40 p.m. they
were transferred to the K.Som provincial prison. They were charged with
inciting the population to demonstrate.
On December 23rd 1998, the judge issued arrest warrants for M. Kim
Sen and M. Meas Minear. The first charges were dropped and they were
then charged of robbery and wilful damage to property during the
demonstration. Moreover, the judge refused to give an answer to the
lawyers' request for their release on bail, and stated that he would use
the 5-day legal delay to give his answer.
The Observatory feared that the reasons behind these arrests are to
sanction the activities of two human rights defenders in Cambodia, in
particular their monitoring of this demonstration, and raised concerns
over the legality of their detention.
Action requested :
Please write to the authorities of Cambodia urging them to :
i. drop the charges against Mr. Kim Sen and Mr. Meas Minear or
ensure that should they have to face trial, that they be brought before a
competent and impartial court and their procedural rights be guaranteed
at all times ;
ii. abide by the provisions of the Declaration on the Protection of
Human Rights Defenders adopted on the 9th of December 1998, by the
U.N. General Assembly ("Declaration on the right and responsibility of
individuals, groups and organs of society to promote and protect
universally recognized human rights and fundamental freedoms"),
particularly, Article 1 which mandates that "[e]veryone has the right,
individually and in association with others, to promote and to strive for
the protection and realization of human rights and fundamental freedoms
at the national and international levels".
iii. more generally abide by the Universal Declaration on Human Rights
and Covenants and Conventions ratified by Cambodia, as well as
international human rights standards.
Addresses :
Samdech Hun Sen, Second Prime Minister, Office of the Council of
Ministers Phnom Penh, Cambodia, Fax : +855 23 42 6134 (if voice, ask for
fax) HE Sar Kheng, Minister of Interior, Office of the Council of
Ministers, Phnom Penh Cambodia, Fax : +855 23 42 6144 To diplomatic
representatives of Cambodia accredited to your country.
Geneva, Paris 21 January 1998
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