Tep Vanny released by Royal Pardon
On 11 April 2015, ten Boeung Kak Lake activists, including Tep Vanny, were released by royal pardon. The land rights defenders, who have been involved in community protests in relation to a proposed development project in the area, had been imprisoned on 10 November 2014.
Tep Vanny is a land rights activist and human rights defender combating corruption in Cambodia. She played a prominent role in mobilising Boeung Kak Lake communities against government and private corporations' development plans and the evictions of community residents, for which she was eventually sentenced in 2012.
On 11 April 2015, at approximately 4 pm, 10 Boeung Kak Lake activists, arrested and imprisoned on 10 November 2014, were released by royal pardon.
The ten human rights defenders were arrested in two separate instances on 10 November 2014. Ms Tep Vanny, Ms Nget Khun, Ms Song Sreyleap, Ms Kong Chantha, Ms Pan Chunreth, Ms Bop Chorvy and Ms Nong Srengand, were arrested after they placed a wooden bed in front of Phnom Penh’s City Hall in protest at the repeated flooding of their homes. After spending the night in police custody, the human rights defenders were brought before Phnom Penh First Instance Court, where they were questioned and then charged by the prosecutor with obstructing traffic, under Article 78 of Cambodia's Traffic Law. The trial began later that afternoon, and the human rights defenders were convicted following a three hour trial. They received the maximum possible sentence of one year's imprisonment and a fine of a 2 million Cambodian Riel (approximately €400). Their convictions were upheld by the Cambodian Court of Appeal on 26 January 2015. Ms Heng Pich, Im Srey Touch, and Phoung Sopheap, were arrested while protesting the arrest of their colleagues outside the court room, and were convicted on 12 November 2014.
The land rights defenders, who have been involved in community protests in relation to a proposed development project in the area, had been peacefully demanding that the city authorities clear the drains surrounding Boeung Kak Lake immediately. As the activists reported, their homes were flooded with foul-smelling water for many days as a result of Boeung Kak Lake being filled in as part of the development project, which is backed by Senator Lao Meng Khin of Cambodia's ruling party. Since 2008, almost 20,000 people have been forcefully evicted from the area in connection with the ongoing project.
The release of the human rights defenders comes as part of recent political deals between the ruling and opposition party leaders.
Front Line Defenders welcomes the release of the human rights defenders, and calls upon the Cambodian authorities to guarantee in all circumstances that all human rights defenders in Cambodia are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
On 26 January 2015, the Court of Appeal upheld the convictions – with slightly reduced sentences – in two cases against 10 women land rights rights defenders, namely Ms Tep Vanny, Ms Nget Khun, Ms Song Sreyleap, Ms Kong Chantha, Ms Pan Chunreth, Ms Bop Chorvy, Ms Nong Srengand, Ms Heng Pich, Ms Im Srey Touch, Ms Phoung Sopheap, as well as Ven Seung Hai. The human rights defenders had been sentenced in November 2014 to one year's imprisonment and a fine of a 2 million Cambodian Riel (approximately €400) on charges of obstructing traffic, after protesting in front of Phnom Penh’s City Hall.
The Court of Appeal upheld the sentence against Tep Vanny, and reduced the fine against her to approximately €330. The sentences against Song Srey Leap, Kong Chantha, Phan Chhunreth, Po Chorvy and Nong Sreng were reduced to 10 months' imprisonment and a €330 fine. Nget Khun received a reduced sentence of 6 months' imprisonment and a €220 fine. In the second case, the Court upheld the convictions for “obstructing a public official” and reduced the sentences against Heng Pich, Im Srey Touch and Phoung Sopheap 10 months' imprisonment and a €330 fine. There was no reduction in the sentence against Ven Seung Hai.
Tep Vanny, Song Srey Leap, Kong Chantha, Phan Chhunreth, Po Chorvy, Nong Sreng and Nget Khun were originally arrested on 10 November 2014, after they placed a wooden bed in front of Phnom Penh’s City Hall in protest at the repeated flooding of their homes. After spending the night in police custody, the human rights defenders were brought before Phnom Penh First Instance Court, where they were questioned and then charged by the prosecutor with obstructing traffic, under Article 78 of Cambodia's Traffic Law. Reportedly, no investigation of the alleged traffic violations was carried out. The trial began later that afternoon, and the human rights defenders were convicted following a three hour trial. They received the maximum possible sentence.
Heng Pich, Im Srey Touch, Phoung Sopheap and Ven Seung Hai were arrested the same day, while protesting the arrest of their colleagues outside the court room, and were convicted on 12 November 2014.
Nget Khun, Tep Vanny, Song Srey Leap, Kong Chantha, and Phan Chhunreth had also been convicted previously, in May 2012 in relation to their peaceful protests against evictions that were taking place in the Boeung Kak area. In that case, the court of first instance found the land rights defenders guilty on charges of “obstructing public officials and illegally occupying land” and sentenced them to long-term imprisonment after a three-hour trial. A month later, in June 2012, the Court of Appeals upheld the conviction but ruled to reduce their sentences to the time already served in custody, and the human rights defenders were released.
On 11 November 2014, seven women land rights defenders Ms Tep Vanny, Ms Nget Khun, Ms Song Sreyleap, Ms Kong Chantha, Ms Pan Chunreth, Ms Bop Chorvy and Ms Nong Srengand were sentenced by Phnom Penh First Instance Court to one-year imprisonment and a fine on charges of obstructing public traffic after protesting in front of Phnom Penh’s City Hall.
On the morning of 10 November 2014, the day before the protest, the seven women land rights defenders placed a wooden bed in front of Phnom Penh’s City Hall protesting against the repeated flooding of their homes in the Boeung Kak lake area. The land rights defenders demanded that the city authorities clear the surrounding drains immediately. As the activists reported, their homes were flooded with foul-smelling water for many days as a result of Boeung Kak lake being filled in as part of a development project backed by Senator Lao Meng Khin of Cambodia's ruling party. Since 2008, almost 20,000 people have been forcefully evicted from the area in connection with the ongoing development project.
Later the same day, 10 November 2014, the seven land rights defenders were detained by police following their protest in front of City Hall. After spending the night in police custody in Phnom Penh, in the morning of 11 November the activists were brought to Phnom Penh First Instance Court, where they were questioned by the public prosecutor. After the interrogation, the prosecutor charged each of the defenders with obstructing public traffic, according to Article 78 of Cambodia's Traffic Law. Reportedly, no investigation of the alleged traffic violations was carried out.
At 3.30pm on 11 November 2014, the same day as the prosecutor's interrogation, the trial of the detained land rights defenders began. Three hours later, all seven activists, Tep Vanny, Nget Khun, Song Sreyleap, Kong Chantha, Pan Chunreth, Bop Chorvy and Nong Srengand, were convicted by Phnom Penh First Instance Court and each received the maximum penalty for the obstruction of public traffic: one-year imprisonment, and a 2 million Cambodian Riel (approx. 400 euro) fine. There is the option to appeal the verdict a month after sentencing, if the prosecutor does not appeal it beforehand.
Five of the imprisoned activists, Nget Khun, Tep Vanny, Song Srey Leap, Kong Chantha, and Phan Chhunreth, were previously convicted two years ago, on 24 May 2012, in relation to their peaceful protests against evictions that were taking place in the Boeung Kak area. In 2012 the court of first instance found the land rights defenders guilty of “obstructing public officials and illegally occupying land” and sentenced them to long-term imprisonment after a three-hour trial. A month later, in June 2012, the Appeals court ruled to reduce their sentences to the time already served in custody but upheld the convictions.
Front Line Defenders urges the authorities in Cambodia to:
1. Immediately and unconditionally quash the conviction against human rights defenders Ms Tep Vanny, Ms Nget Khun, Ms Song Sreyleap, Ms Kong Chantha, Ms Pan Chunreth, Ms Bop Chorvy and Ms Nong Srengand, and release them from detention, as it believed that the sole motive is their peaceful and legitimate human rights activism in Cambodia;
2. Guarantee in all circumstances that all human rights defenders in Cambodia are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
