CCHR Press Release - Tomorrow's Mam Sonando hearing an opportunity to set the record straight on fair trial rights

CCHR PRESS RELEASE – Phnom Penh, 10 September 2012

Tomorrow’s Mam Sonando hearing an opportunity to set the record straight on fair trial rights

On the eve of Mam Sonando’s hearing at the Phnom Penh Municipal Court, the Cambodian Center for Human Rights (“CCHR”) urges the Cambodian authorities to give Cambodia’s image on human rights a much-needed boost, by setting the record straight on fair trial rights and ensuring that Mam Sonando receives a fair hearing, in line with its domestic and international legal commitments.  If convicted, however, he could face up to 30 years in prison.

One of Cambodia’s most prominent human rights defenders, Mam Sonando has been held in pre-trial detention for almost two months at a Phnom Penh prison relating to bogus charges of secession.  Despite being 70-years-old, increasingly withdrawn and afflicted by poor health, Mam Sonando has been denied bail on two occasions now.  As stated in its 13 August 2012 Media Comment, CCHR is deeply concerned at the abuse of pre-trial detention in Cambodia, now used as a tool of repression in political cases almost as a matter of routine – at the expense of defendants’ human rights – rather than as intended, namely a means of protecting the public from dangerous individuals.  The charges against Mam Sonando are spurious and politically motivated, and do not by any stretch of the imagination qualify him as a suitable candidate for pre-trial detention regardless of whether he is guilty or not.

Mam Sonando founded Beehive Radio, one of only three independent radio stations in Cambodia which regularly broadcasts reports that are critical of the Royal Government of Cambodia (the “RGC”) and its allies.  On 25 July 2012 Beehive Radio broadcast a report about a complaint brought to the International Criminal Court accusing the RGC of crimes against humanity.  The following day, Prime Minister Hun Sen called for the arrest of Mam Sonando.  After returning to Cambodia on 12 July 2012 to answer to the charges filed against him, Mam Sonando was arrested at his home on 15 July 2012 in connection with the alleged secession movement in Kratie province in May 2012 in which a 14-year-old girl was shot dead by the military.  He said from prison: “Even though I am incarcerated, in my heart I am free … I have done nothing wrong, therefore I will not hide.”

The RGC has committed to judicial reform as part of its “Rectangular Strategy” and stated strategy on legal and judicial reform, and has also accepted all 91 recommendations made by United Nations member states under the 2009 Universal Periodic Review – including judicial reform.  The reality is, though, that things are going the opposite way insofar as transparency and fairness in criminal procedure are concerned, with the end result that Cambodians have almost lost faith in the system.

CCHR President Ou Virak, closely following developments, comments:

“On virtually a daily basis recently, the newspapers have been full of reports of activists being taken away from their homes and communities by plain-clothed security agents on unspecified charges.  Procedures are becoming ever more opaque, and rights more illusory.  The judicial system is currently attracting a significant amount of suspicion and negative attention – both in Cambodia and abroad.  The impression given is that the Cambodian government simply wants to quash any dissent or free opinion, at the expense of the rule of law, legal procedure and human rights.  Mam Sonando’s hearing is a good opportunity for Cambodia to set the record straight and preside over a fair trial, with the fair trial rights of the accused fully and properly observed, while also making a positive statement for freedom of expression in Cambodia.  That being so, we look forward to Mam Sonando being acquitted of these bogus charges and allowed home at the earliest opportunity.”

For more information, please contact Ou Virak via telephone at +855 (0) 12 40 40 51 or e-mail at ouvirak@cchrcambodia.org or Robert Finch via telephone at +855 (0) 78 80 99 60 or e-mail at robert.finch@cchrcambodia.org.

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Notes to Editor:

CCHR, founded in November 2002, is a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights – primarily civil and political rights – throughout Cambodia.

CCHR is a member of the International Freedom of Expression Exchange (IFEX), the global network for freedom of expression.

The Cambodian Human Rights Portal www.sithi.org is the 2011 winner of the Information Society Innovation Fund Award in the category of Rights and Freedoms.