CCHR PRESS RELEASE
1
October 2012
CCHR condemns in the strongest
possible terms the guilty verdict brought against Mam Sonando today at the
Phnom Penh Municipal Court. He was found guilty of all the charges
brought against him – under articles 28, 456, 457, 464, 504 and 609 of the
Penal Code 2009 – including instigating an alleged insurrection in Kratie
province in May 2012 and inciting people to take up arms against the state
authority. He has been sentenced to 20 years in prison and a fine of 10
million riel. Bun Ratha, who is also accused
of instigating the same alleged insurrection, was sentenced in absentia
to 30 years; two others were sentenced in absentia to 15 years; and
three other defendants held in pre-trial detention were handed sentences of ten
months, three years and five years. Seven others were handed suspended
sentences ranging from ten months to five years.
Over the course of three days of close
monitoring of Mam Sonando’s trial last month, CCHR heard no evidence that in
any way connected Mam Sonando with the May 2012 events in Broma village, Kratie
province, or with any of the charges of which he has now been found
guilty. Given the lack of evidence, the only rational, reasonable and
legal thing the court could have done, as CCHR and many others urged during the
trial, would be to acquit Mam Sonando of all charges against him and set him
free immediately. Today’s events represent a gross travesty of justice –
an outrageous violation of Mam Sonando’s right to freedom of expression and
fair trial rights, including the fundamental right to be deemed innocent until
proven guilty.
One
of Cambodia’s most prominent human rights defenders, 70-year-old 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 June 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 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 during 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.”
This verdict comes towards the end of
a year which has seen Cambodia’s image on human rights take a real battering,
with a leading environmental activist shot dead by the military in Koh Kong
province in April 2012, female garment factory protestors shot by the city
governor in Svay Rieng province, 13 Boeng Kak women sentenced for protesting
for their land and housing rights, and whole communities violently evicted from
their homes all around the country. Mam Sonando’s trial was an
opportunity for the Cambodian judiciary to set the record straight on fair
trial rights and ensure that Mam Sonando received a fair hearing, in line with
Cambodia’s domestic and international legal commitments. Tragically, it
has misguidedly decided to pass up this opportunity, and has fallen woefully
short of its moral and legal obligations, proving that it is not fit for
purpose.
CCHR President Ou Virak, attending the
verdict today, comments:
“I am outraged and appalled at today’s
verdict. Not a shred of evidence has been submitted in court that proves
any connection between Mam Sonando and these bogus charges. Not only is
this verdict a total violation of Mam Sonando’s human rights, it is also
embarrassingly unsophisticated and brazen. There has been no effort
whatsoever to disguise the political interference, and it will be no surprise
now if whatever faith Cambodians still had in the judiciary to deliver justice
evaporates for good. What’s more, the sentence is ridiculous and totally
lacking in proportion. 20 years is practically a life sentence in many
countries, and a death sentence for a man of 70. At a time when Cambodia
should be making amends for the depressing roll call of human rights violations
this year, the judiciary has only brought further shame to the country.”
No comments:
Post a Comment