Cambodia: Stop Judicial harassment against Mr. Soum Chankea

February 16, 2012

Mr. 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

 

Re: Cambodia: Stop Judicial harassment against Mr. Soum Chankea

 

Dear Mr.Hun Sen,

 

I am writing to voice my deep concern regarding illegal judicial harassment against Mr. Soum Chankea.

 

I have been informed by the reliable sources of the judicial harassment faced by Mr. Soum Chankea, its Provincial Coordinator in Banteay Meanchey province.

 

According to the information received, on February 9, 2012, Mr. Soum Chankea was summoned by the Prosecutor's Office in Sisophon, capital of Banteay Meanchey province, following a complaint lodged by Mr. Oum Socheath, Head of the Banteay Meanchey branch of the Cambodia Mine Action Centre (CMAC) and Coordinator of the UNDP-CMAC mine clearance programme. The questioning is scheduled for February 20, 2012. The Prosecutor will then decide whether charges will be officially brought against Mr. Soum Chankea. These include "slanderous denunciation", an offence punishable by up to one year in prison and a up to two million riels (380 euros) fine under Article 311 of the Criminal Code.

 

The complaint against Mr. Soum Chankea follows ADHOC's intervention in a gender-based violence case. The victim filed complaints against Mr. Oum Socheath and Mr. Pong Piseth, also known as Mr. Veth, a business man in the area of real estate and construction, on November 4 and 9, 2011 respectively, accusing them of sexual harassment and assault. Following the victim's complaints, the authorities allegedly took no action to investigate the allegations. Mr. Soum Chankea intervened several times in her favour to urge the police and the Prosecutor to investigate the case. According to information gathered by ADHOC, Messrs. Oum Socheath and Pong Piseth would be benefiting from the protection of a businessman whose brother is a high-ranking government official.

 

I express my deepest concern about Mr. Soum Chankea's summons for questioning, which seems to merely aim at sanctioning his human rights activities, and accordingly calls upon the Cambodian authorities to put an end to all acts of harassment – including at the judicial level – against him.

 

The approach of judiciary against Mr. Soum Chankea reflects that the judiciary in Cambodia is not independent .There is visible and notable problem in the criminal justice system and there is absence of Rule of law in the country.

 

 

I request you please  guarantee in all circumstances the physical and psychological integrity of Mr. Soum Chankea.Put an end to acts of harassment – including at the judicial level – against him as well as against all human rights defenders in Cambodia;

 

I urge you please conform in any circumstances with the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, and in particular :

 

-       Article 1, which states that "everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels",

 

-     and Article 12.2 which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration".

Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Cambodia.

 

Sincerely

William Nicholas Gomes

William's Desk

www.williamgomes.org

 

Download: Cambodia-Stop Judicial harassment against Mr. Soum Chankea

http://www.williamgomes.org/?p=470

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William Nicholas Gomes
Journalist & Human Rights Activist
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