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Tep Vanny sentenced to 6 months in prison

Status: 
Released
About the situation

On 20 August 2018, human rights defender Tep Vanny was released from prison after serving two years of her sentence, following a royal pardon from Cambodia’s King Norodom Sihamoni. The royal pardon, requested by Prime Minister Hun Sen, was granted for two convictions; the first, a 30 month sentence for “intentional violence”, for which Tep Vanny had already been imprisoned, and the second, a six month sentence that had not been enforced yet.

About Tep Vanny

Tep Vanny. Credit: Hul Reaksmey VOA KhmerTep 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.

23 August 2018
Tep Vanny released from prison

On 20 August 2018, human rights defender Tep Vanny was released from prison after serving two years of her sentence, following a royal pardon from Cambodia’s King Norodom Sihamoni. The royal pardon, requested by Prime Minister Hun Sen, was granted for two convictions; the first, a 30 month sentence for “intentional violence”, for which Tep Vanny had already been imprisoned, and the second, a six month sentence that had not been enforced yet.

Tep Vanny was unjustly arrested on 15 August 2016 while protesting against the arbitrary detention and sentencing of four human rights defenders in Cambodia under charges of “insulting a public official”. However, instead of releasing the human rights defender at the end of her sentence, the authorities reactivated an old case, and on 23 February 2017, Tep Vanny was convicted by Phnom Penh Municipal Court for “intentional violence with aggravating circumstances” under Article 218 of the Cambodian Criminal Code and sentenced to two and a half years’ imprisonment. She was found guilty of assaulting security guards during a protest outside the house of Prime Minister Hun Sen in 2013. Her appeals were rejected on multiple occasions despite a lack of sufficient credible evidence to convict her.

On 19 September 2016, Tep Vanny was convicted on charges of insulting and obstructing public officials in relation to her activities during a protest in November 2011, and was sentenced to six months in prison. The case was resumed five years after the events occurred, amid an ongoing campaign to intimidate human rights defenders in the country. On 8 December 2017, the Supreme Court in Phnom Penh upheld her conviction and confirmed her sentence of six months in prison.

Despite her pardon, Tep Vanny must still present herself for a hearing on 24 August 2018 in a separate case relating to a complaint made in 2012, for which she faces charges of “public insult” and “death threats”. These charges carry a sentence of up to two years in prison.

Tep Vanny played a prominent role in protecting the rights of the Boeung Kak communities following their forced eviction from their homes, and campaigned tirelessly for the release of other human rights defenders in Cambodia. The royal pardon has come in the aftermath of the recent Cambodian national elections wherein Prime Minister Hun Sen’s party, the Cambodian People’s Party, won all parliamentary seats in the face of no opposition and reappointed Hun Sen as the Prime Minister of Cambodia.

While Front Line Defenders welcomes Tep Vanny’s release from prison, it reiterates its belief that she should never have been convicted or imprisoned in the first place. Tep Vanny was unjustly imprisoned for two years and faced judicial harassment solely for her legitimate and peaceful human rights work in Cambodia. Front Line Defenders urges the authorities in Cambodia to drop the remaining charges against Tep Vanny and ensure that she will not be subject to any further judicial harassment or reprisals.

12 December 2017
Supreme Court upholds Tep Vanny’s sentence

On 8 December 2017, the Supreme Court in Phnom Penh upheld the conviction and six month sentencing of human rights defender Tep Vanny on charges of “insult [of a public official] and “obstruction of a public official with aggravating circumstances”.

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 evictions of community residents in connection with government and private corporations' development plans. Tep Vanny is one of the 13 women human rights defenders (the Boeng Kak 13) who were previously charged and sentenced to 2.5 years imprisonment in May 2012 as a result of their work resisting these development plans.

On 8 December 2017, the Supreme Court of Cambodia rejected Tep Vanny’s appeal of her conviction under Articles 502 and 504 of the Cambodia Criminal Code. On 19 September 2016, she was sentenced to six months in prison in relation to a protest in November 2011. No enforcement order has been issued, which means the enforcement of Tep Vanny’s sentencing can be ordered any time at the discretion of the Phnom Penh municipal prosecutor. After the hearing, she was immediately returned to Correctional Centre 2, where she has been detained since her arrest on 15 August 2016. Tep Vanny is already serving a 30-month sentence for her alleged role in a demonstration outside PM Hun Sen’s house demanding the release of a fellow human rights defender.

Cambodian human rights NGO Licadho stated that neither the human rights defender’s lawyers nor her witnesses were present during the appeal process. Similar to the earlier appeal hearing, insufficient evidence was presented to meet the legal standards of proof.

Front Line Defenders condemns the Supreme Court’s decision to uphold the sentence of human rights defender Tep Vanny and urges the Cambodian authorities to quash her conviction, which it believes is solely motivated by her peaceful and legitimate work for human rights in Cambodia.
 

30 September 2016
Four land rights activists sentenced to 6 months in prison

On 19 September 2016, human rights defender Ms. Tep Vanny was convicted on charges of insulting and obstructing public officials and was sentenced to six months in prison, in relation to a protest in November 2011. Land rights activists Heng Mom, Kong Chantha and Bo Chhorvy were also convicted.

The four human rights defenders were arrested on 28 November 2011, after mobilising the Boeung Kak community to protest outside the Municipality office. The demonstration was organised to fight against an eviction order, agreed between the Government and a private corporation, to carry out development plans which would include filling 90% of the Boeung Kak lake for domestic and foreign tourists.

The case was resumed five years after the events occurred, amid an ongoing campaign to intimidate human rights defenders in the country. During the court session, the authorities did not present any evidence to prove the four human rights defenders insulted or obstructed government officials.

Following the court hearing, Tep Vanny was sent back to pre-trial detention for a separate case, while the other three activists remain at liberty pending an appeal. On 22 August 2016, Tep Vanny was charged of ‘intentional violence with aggravating circumstances’ and sent to Prey Sar prison, Phnom Penh, for a protest that was organised in 2013.

Front Line Defenders condemns the conviction against Tep Vanny, Heng Mom, Kong Chantha and Bo Chhorvy. Front Line Defenders urges the Cambodian authorities to drop all charges against them as it is believed they are solely motivated by their peaceful and legitimate work in defence of human rights in Cambodia, particularly their struggle against forced eviction in Boeng Kak.