Cambodia: NGO staff summoned for defamation
Event- Country
- Cambodia
- Initial Date
- Jul 1, 2015
- Event Description
Local NGO official summoned to court after speaking out about alleged torture of villagers embroiled in land dispute UPDATE: By Lauren Crothers PHNOM PENH, Cambodia - Charges against a Cambodian human rights advocate summoned to appear in court later this month are "spurious" and designed to stifle his advocacy, an international human rights group said Friday. Ny Chakrya, who heads the human rights and legal aid section of Cambodian rights group Adhoc, received the summons Wednesday after speaking out in May about the alleged torture of two villagers embroiled in a land dispute in Siem Reap. He had condemned the behavior of the authorities at the press conference. The allegations of torture have been leveled against the police and military, which allegedly came at the behest of the deputy district governor. Chakrya had also called upon the Supreme Council of Magistracy to take action against a judge and prosecutor at the provincial court, after they spoke out in defiance of his allegations. He claimed that such actions tested their supposed independence. The advocate has since been charged with defamation, "acts of slanderous denunciation", and "publication of commentaries to put pressure on jurisdiction" for his remarks. He is set to appear before the Siem Reap Municipal Court on July 13. On Friday, Adhoc circulated a statement issued by Front Line Defenders in which the Dublin-based organization expressed "grave concern at the judicial harassment of human rights defender Ny Chakrya". Calling on the authorities to drop the charges "immediately and unconditionally", the statement said the group believed they were issued only as a means of restricting Chakrya's work. He has been advocating for the largely indigenous community at the heart of the land dispute, which centers around 90 hectares of land cleared by an agricultural firm. It criticized the court summons, saying it considers it "another attempt to silence human rights defenders in Cambodia and their legitimate work providing support to victims of human rights violations". Chakrya joins a long line of human rights defenders in Cambodia who have come under the grip of the courts, which are widely slated as being beholden to the ruling Cambodian People's Party. Supreme Council of Magistracy secretary-general, Sam Pracheameanith, could not be reached for comment Friday. UPDATE: 14/ 07/ 2015 Court begins Chakrya queries Reporters and supporters of human rights activist Ny Chakrya were barred from entering Phnom Penh Municipal Court yesterday, as he sought to avert charges being laid against him in a case described by advocates as "judicial harassment". Chakrya, head of the human rights and legal aid section of local NGO Adhoc, faces potential charges of "public defamation", "acts of slanderous denunciation", and "publication of commentaries to put pressure on the judiciary", brought against him by prosecutors at Siem Reap Provincial Court. The accusations are based on comments he made during a May 12 press conference in Phnom Penh condemning the arbitrary arrest and detention of Ven Lorn and Beourn Sok, two residents of Chup Romdeng village in Siem Reap province's Svay Leu district, who are involved in a high-profile land dispute. On June 17, Lorn and Sok both were found guilty of inciting a group of residents to destroy and intrude on the property of agricultural development company Community Takhmao Development Agricultural & Industrial. They received six- and eight-month prison terms, respectively. The Observatory for the Protection of Human Rights Defenders, an organisation that seeks to prevent the repression of rights workers, branded the proceedings against Chakrya "judicial harassment", aimed at derailing his efforts to provide legal assistance to victims of human rights violations. Emerging from the court yesterday after the two-hour preliminary hearing, Chakrya remained bullish about the case against him. "The evidence we have presented shows it does not make sense for them to accuse me of defamation, framing, or putting pressure on the court's jurisdiction," he said. According to Chakrya, his proof includes documents from Siem Riep's provincial government that he says back the claims of the men he was defending at the press conference. Nevertheless, he remained cautious about his prospects of escaping charges and a potential lawsuit. "Confident? No," he said. "But I have very strong evidence." Phnom Penh Municipal Court prosecutor Seang Sok declined to comment on the case, while the deputy prosecutor in Siem Reap Sok Keo Bandit and the investigating judge Ki Rithy could not be reached for comment. Chakrya's statements were made in front of dozens of supporters gathered outside the courthouse, with more than 40 leaving their homes in Tbong Khmum province before daybreak to visit the capital and lend him their support. According to Un Songcheng, who said she was spending $10 on transportation and losing $5 in wages as an agricultural labourer to be there, people from her community felt compelled to offer Chakrya their support because of the work he has done to help them in their battle for land rights. "He is a patriot and he helps the weak people; he has not done anything illegal, so we came here to support him, because we are worried that he might face injustice," she said. With prosecutors set to present more evidence to the court, it is still unclear whether Chakrya will face formal charges. UPDATE: 20/ 07/ 2015 Phnom Penh court charges Ny Chakrya A Phnom Penh Municipal Court deputy prosecutor said yesterday that he has decided to charge prominent human rights monitor Ny Chakrya in a case that rights groups have described as a bald-faced attempt to suppress criticism of the Kingdom's judiciary. The case stems from two Siem Reap Provincial Court officials - investigating judge Ky Rithy and deputy prosecutor Sok Keo Bandith - who filed a complaint against Chakrya, accusing him of public defamation, acts of slanderous defamation and putting pressure on the court's jurisdiction after Chakrya conducted two press conferences speaking out on what he characterised as the court's illegal detention of two villagers involved in a land dispute. Deputy Phnom Penh prosecutor Seang Sok said yesterday that after reviewing the case, he had decided to lay charges against Chakrya, and had forwarded the case to the investigating judge on Saturday. "The investigative judge will make the decision as to whether to continue the procedure or not," he said. Chakrya, head of the human rights and legal aid section at rights group Adhoc, said he would "follow the procedure", but maintained that he had committed no wrong, and condemned the case against him as an attempt to intimidate human rights activists. He and another Adhoc employee, lawyer Pouk Yarann, had accused the two officials of unlawfully detaining two villagers - since convicted - for inciting fellow land disputants to destroy the property of Community Takhmao Development Agricultural & Industrial. Chakrya later filed a complaint against Keo Bandith and Rithy accusing them of a lack of independence in their handling of the case. The two men and their attorney, Chan Vichet, could not be reached. However, Keo Bandith has maintained they have "adequate evidence for arresting and detaining the two suspects;[and were] not afraid of facing the law if Adhoc found evidence" of wrongdoing. A probe into the land dispute led by the Cambodian Human Rights Action Committee also found the two were wrongly imprisoned, and blamed the dispute on "local and provincial maladministration". Chakrya's fellow rights monitor Am Sam Ath, technical supervisor at Licadho, yesterday said Chakrya had been within his rights in criticising the conduct of the court. "If the court is still working against him, it shows clearly the risks and the dangers of NGO officials that[make] demands of law enforcement, and that respect for democracy in this country is being threatened gradually," he said. UPDATE: 22/ 10/ 2015 Activist's arrest could come soon, judge says The investigating judge involved in ongoing legal proceedings against human rights activist Ny Chakrya has said a warrant for the man's arrest is under consideration after Chakrya failed to respond to a subpoena to appear in court yesterday. However, Chakrya's employer, rights group Adhoc, said the subpoena is not legally binding because it was not delivered to him personally. Phnom Penh Municipal Court investigating judge Veng Hort yesterday would not respond directly to questions about the subpoena's validity and whether it was delivered to Chakrya personally. "If he had no clear reason[for his absence], we will take the second option: summoning him to court. If the second option is not effective, we will use the third: arrest," he said. Article 188 of the Cambodian Criminal Procedure Code states: "A judicial police officer, a judicial police agent, or bailiff shall deliver the subpoena to the cited person. The cited person receives a copy of the decision and shall sign the original subpoena, which will then be returned to the investigating judge. The judicial police officer, judicial police agent or the bailiff shall notify the investigating judge of any difficulty in their mission of delivering the subpoena." According to a statement released on October 9 by Adhoc, the subpoena was only shown to Chakrya's wife, who was allowed to take a photo of the document but not provided a copy, and no signature or fingerprint was given. Chakrya faces charges of public defamation and pressuring the court's jurisdiction over comments he made during two press conferences in May in Siem Reap, during which he denounced the detention of two villagers involved in a land dispute. Responding to the subpoena earlier this month, Chakrya defended his comments at the May press conference. "What I said in the press conference was true, the investigative judge and deputy prosecutor arrested and detained two villagers without evidence," he said. The case was initiated by two Siem Reap Provincial Court officials - investigating judge Ky Rithy and deputy prosecutor Sok Keo Bandith - whose complaint against Chakrya was dismissed by the Siem Reap Provincial Court. The case was then taken up by Phnom Penh Municipal Court. The case has been slammed by the International Committee of Jurists, which branded it "legal harassment" and a "rights violation".
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Land rights
- HRD
- NGO staff
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Event Location
Latitude: 12.565678999999994
Longitude: 104.990963
- Event Location
- Summary for Publications
On 1 July 2015, Ny Chakrya, who heads the human rights and legal aid section of Cambodian rights group Adhoc, received the summons for defamation after speaking out in May about the alleged torture of two villagers embroiled in a land dispute in Siem Reap. UPDATE: 30/08/2016 After several postpones, the trial date date for Mr Ny Chakrya defamation case is set on the 22nd of September. UPDATE: On 22 September 2016, the Phnom Penh Municipal Court sentenced Ny Chakrya to 6 months and 6 million Cambodian Riel fine.