CCHR PRESS RELEASE – Phnom Penh, 29 May 2014
CCHR calls for the acquittal of “the 23” and their immediate release
Ahead of the verdict for the “23,” which will be delivered on 30 May 2014, the Cambodian Center for Human Rights (“CCHR”) calls for their acquittal and their immediate release. CCHR’s monitoring of their hearings revealed a complete lack of any incriminatory evidence, serious concerns relating to the independence of the court, repeated violations of the defendants’ fair trial rights and the immediate need for medical care for some of the detainees.
On 25 April, 6, 20, 21 and 22 May 2014, 23 individuals arrested on 2 and 3 January 2014 during the security forces’ violent crackdown on workers and protesters in the Kingdom of Cambodia (“Cambodia”), stood trial at the Phnom Penh Court of First Instance. Among the 23, 19 are facing charges under Articles 218 and 411 of the Penal Code with “intentional violence with aggravating circumstances” and “intentional damage with aggravating circumstances.” In addition, four human rights defenders – Vorn Pao, President of the Independent Democracy of Informal Economy Association (“IDEA”), Chan Putisak, Boeng Kak Lake land rights activist, Theng Savoeun, secretary of the Coalition of Cambodian Farmer Community (“CCFC”) and Sambath Piseth, member of the Center for Labor Rights of Cambodia (“CLaRI-Cambodia”) – are facing charges under Article 494 of the Penal Code, “existence of incitement and incitement to commit felony,” which was changed by the prosecutor during his closing statements to “instigation” of acts of violence and damage of property. They all face between two and five years’ imprisonment. CCHR staff monitored the entirety of the two hearings, which exposed the following issues.
Complete lack of incriminatory evidence
The hearings were marked by a complete lack of evidence linking the 23 accused to the alleged crimes. In both courtrooms, the documentary video of events at Yak Jin factory and on Veng Sreng Boulevard on 2 and 3 January did not show any of the defendants. Many of the questions focused on establishing whether a defendant was present at the protests and whether the defendants’ testimonies included any inconsistencies, meanwhile ignoring evidence that many of the defendants’ original statements were obtained under duress. These questions and the defendants’ answers alone are not sufficient to prove guilt. Instead, defense lawyers in one of the courtrooms presented a documentary video, exonerating Vorn Pao, as he can clearly be heard calling for non-violence. As such, any guilty verdict made against the 23 accused will be untenable. On the contrary, evidence clearly demonstrated the disproportionate and indiscriminate use of violence by the military and police forces against protesters. However, no credible and independent investigation into the excessive use of violence by state security forces has taken place so far.
Repeated violations of the defendants’ fair trial rights
The entire premise of the trials was flawed. The court appeared neither impartial, nor independent. Judges seemed to have already assumed the guilt of the defendants, in contravention with the right to be presumed innocent. For instance, the enquiries made by the prosecutions and judges repeatedly equated presence at the protest with guilt. Furthermore, the prosecutors and the judges referred to protesters as “illegal groups,” “anarchists” and “gangsters,” indicating prejudice against the defendants. The judges questioned why the accused were arrested if they did nothing wrong, equating arrest with guilt. Finally, 21 of the 23 accused wore orange prison uniforms which read “convicted” on the back, giving the impression that the accused were already convicted felons.
The trials were also deeply biased as judges only allowed testimony and evidence regarding one side of the events. Prosecutors and judges throughout the hearings repeatedly interrupted defense lawyers and defendants when the latter attempted to mention military and police brutality and to introduce evidence related to violence by the security forces. Lawyers were barred from presenting some evidence, such as two video footages, while, for instance, in the case of the ten arrested on 2 January 2014, both the judge and prosecutor introduced new evidence during the trial that was not part of the original case file. Finally, trials went ahead with the majority of civil parties and witnesses not present, whose written statements were instead read out loud in court, consequently preventing them from being cross-examined by the defense lawyers.
Serious health concerns
The five-day hearing of the ten arrested on 2 January highlighted the serious remaining physical and mental health concerns of some of the defendants, who have been repeatedly denied bail. During the hearing, Sambath Piseth raised concerns regarding his hand, which was broken while he was beaten by the military and his difficulties to breath. Further worrying, Vorn Pao, who raised concerns for his health each time CCHR visited him in detention, collapsed in the courtroom, illustrating the physical and mental strain resulting from the violence they endured at the hands of the security forces and from the pressure of being in detention.
CCHR Human Rights Defender Project Coordinator Chhunly Chhay comments:
“If the 23 are found guilty, it will do little besides illustrating that the judiciary in Cambodia is not independent, and only partial to the interests of the elite and the Royal Government of Cambodia. After these five days of hearing, it is clear that the judicial system of Cambodia is not a tool for justice but a tool to repress opposition voices. While the 23 are standing trial despite a serious lack of evidence, no military or police officer has been investigated or simply questioned about the violence that occurred in January. In light of the lack of evidence, we call for the acquittal of the 23, for their immediate release and for a prompt and independent investigation into the excessive use of force by state security forces.”
Please find the Press Release attached in PDF format in English and in Khmer.
Kind Regards,
CCHR
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