Khmerization

PRESS RELEASE
Phnom Penh - 9 August 2009
CCHR CONCERNED BY REMOVAL OF PEN BONNAR FROM RATANAKIRI
PROVINCE

The Cambodian Center for Human Rights (CCHR) is deeply concerned by the role
played by a Provincial Municipal Judge in the recent removal of Cambodian Human
Rights and Development Organisation (ADHOC) activist Pen Bonnar from his position
as Ratanakiri provincial coordinator. The CCHR calls on Judge Thor Saran to clarify his
recent comments in relation to charges against Mr. Pen and to explain his role in the
removal of the provincial coordinator from Ratanakiri. The CCHR is concerned that the
case of Pen Bonnar represents evidence of a practice in Cambodia whereby the threat of
legal charges is used to silence the voices of human rights activists and to curtail freedom
of expression.

The removal of Mr. Pen from Ratanakiri follows an extrajudicial and ultra vires request
by Judge Thor to the administration of ADHOC that they remove Mr. Pen from the
Province. In so doing, Judge Thor advised, ADHOC would remove Mr. Pen from the
jurisdiction of the Provincial Municipal Court of Ratanakiri thereby ensuring that charges
of incitement against him would be dropped; “it is easy to end the case and the court can
compromise, drop his case and avoid [his] detention”.

Although ADHOC deny that the decision to remove Mr. Pen from the province was made
at the suggestion of Judge Thor, the timing of the decision tends to suggest otherwise.
Since the removal of Mr. Pen and his reassignment to Svay Rieng Province, Judge Thor
has stated that charges of inciting terrorism have been initiated against Mr. Pen. The
Ratanakiri Provincial Police and Prosecutors have denied any knowledge of the existence
of such a charge against Mr. Pen.

The campaign against Mr. Pen Bonnar arises from his role in a 4 year land dispute in
Lumphat district between the developer DM Group and ethnic minority villagers in
Ratanakiri Province. In November 2007, violence broke out when members of the ethnic
community, who had congregated at the courthouse in Banlung to protest the land dispute
at the suggestion of ADHOC, clashed with armed police. Judge Saran has since alleged
that Mr. Pen Bonnar had orchestrated the violence in order to facilitate the escape of two

men from police custody. Mr. Pen has denied these allegations stating that although he
had told the villagers to protest at the court he had told them not to resort to violence.

The CCHR opines that the extent of Mr. Pen’s role in the November 2007 incident was to
encourage the ethnic villagers to exercise their fundamental and democratic freedoms of
expression and assembly. By alleging that these actions are tantamount to terrorism Judge
Thor has displayed a distinct misunderstanding of democracy and the law. Furthermore,
by threatening legal action against Mr. Pen so as to ensure his removal from Ratanakiri
and his replacement by an individual who can develop “a good relationship with and
work with all levels of the provincial authorities”, Judge Thor has usurped his

constitutional function to fulfill his duty with respect for the laws, wholeheartedly and
conscientiously and to uphold impartiality and to protect the rights and freedoms of

Cambodian citizens.

The case of Ben Ponnar represents a serious threat to the work of civil society in
Cambodia. The CCHR calls on Judge Thor to clarify his statements and his role in the
removal of Pen Bonnar from Ratanakiri Province. The CCHR calls for an end to the
practice of using the threat of criminal charges to suppress freedom of expression and to
curtail the legal activities of civil society. The CCHR calls on the government to ensure
the necessary environment for a viable civil society In Cambodia in the interests of
democracy and human rights.

For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org