Cambodia: CSOs condemn the unfair conviction of Mother Nature activists San Mala, Try Sovikea and Sim Somnang

While we, the undersigned civil society organizations (“CSOs”), welcome the long overdue release of Mother Nature activists San Mala, Try Sovikea and Sim Somnang, we strongly condemn their conviction for acting as instigators to the offence of ‘threatening to destroy property accompanied by an order’ under Articles 28 and 424 of the Cambodian Penal Code. The three activists were sentenced to 18 months in prison and released today, with the remainder of the sentence suspended, having already served ten months and 15 days in pre-trial detention. The three activists were also given a fine of 2 million riel (USD $500) and ordered to pay unwarranted compensation of 100 million riel (USD $25,000) to Direct Access, the sand dredging company that initially brought a criminal complaint against the activists.

The convictions relate to the events of 26-28 July and 12 August 2015, when Mother Nature activists supported the local community in Andoung Teuk to protest on-going sand dredging, a lucrative export trade which has caused extensive damage to the environment and livelihoods of local communities in the Koh Kong region. The defendants’ legal team told the court that the only evidence relied on by the prosecution was inconclusive video clips and witness testimony from several individuals who were not present at the scene of the alleged crime. One key prosecution witness who was on site gave testimony contradicting an earlier written witness statement. The trial judge was also repeatedly challenged by defence lawyers seeking to protect the presumption of innocence for the three youths. Despite the fact that the three activists were initially charged under Article 424 of the Penal Code only, the trial judge changed the charges at the last minute to convict the three as instigators to the principal offence under Article 28. Such a last-minute change constitutes a denial of the three activists’ right to prepare an adequate legal defence, in violation of their fair trial rights.

We condemn this unfair conviction and flawed trial process, as well as the unsubstantiated award of compensation. This award of compensation was made despite no evidence being presented in court of any loss suffered by Direct Access, financial or otherwise. We further condemn the unlawful and arbitrary over-detention of the three defendants prior to trial, in excess of the legal limit of 10 months since their arrest on 17 August 2015, in breach of their right to liberty as guaranteed by international human rights law[1].

Mr. Alejandro Gonzalez-Davidson, a Spanish citizen and the Director of Mother Nature, has also been charged as an accomplice to the same offense, despite being in effective exile from Cambodia since he was deported on 23 February 2015. We fully support Mr. Gonzalez-Davidson’s repeated calls to be allowed to re-enter Cambodia to face his accuser, in line with his fair trial rights.

These charges and convictions are the latest in a series of incidents in which the authorities have repeatedly persecuted Mother Nature and its activists, despite the recent statement by four UN human rights experts calling for an end to the escalation of criminal charges, questioning, court proceedings and public statements against civil society and human rights defenders in Cambodia. Unfortunately, the suppression of Mother Nature’s efforts to protect the environment is just one example of the wider on-going crackdown on civil society in Cambodia, and the Cambodian authorities’ intolerance of legitimate peaceful activism.

We reaffirm the rights and fundamental freedoms of civil society actors to conduct their activities free from threats and punishment, in accordance with the Cambodian Constitution and Cambodia’s obligations under international law, and recall the Royal Government of Cambodia’s acceptance of recommendations made during the second Universal Periodic Review of Cambodia by the UN Human Rights Council, in particular the recommendation to ensure that the right of human rights defenders to conduct their work without hindrance, intimidation or harassment is respected[2].

We, the undersigned CSOs, reiterate our condemnation of the use of politically-motivated show-trials to curb legitimate activism, and call upon the Cambodian authorities to respect human rights and the vital work of human rights defenders.

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[1] For further details, see the Legal Analysis of the case published by the Cambodian Center for Human Rights on 21 June 2016, available at: http://bit.ly/297OAF4

[2] See: Report of the Working Group on the Universal Periodic Review, Addendum: Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review, 25 June 2014. Available at: http://bit.ly/296zz6M

Source: Cambodian Center for Human Rights

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