Recent restrictions on access to detained human rights defenders and opposition politicians

Created Date	: 26 / Apr / 2017
Nature of Violation	:
Rights Involved	: Freedom of Expression; Freedom of Assembly

Description

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On 10 April 2017,CCHR’s request to visit five detained human rights defenders (“HRDs”), Mr. NySokha, Mr. Yi Soksan, Mr. Nay Vanda and Ms. Lim Mony in Prey Sar prison, anddeputy secretary-general of the National Election Committee (and former ADHOCstaff member) Mr. Ny Chakrya in Police Judiciare prison, was denied by PhnomPenh Municipal Court. No justification for the refusal was provided. As part ofits on going work to support HRDs and activists, CCHR has been conductingregular visits to the five HRDs since they were detained in April 2016, as wellas to land activist and HRD Ms. Tep Vanny, who has also been detained in PreySar since her arrest in August 2016. On 19 April 2017,the Ministry of Interior announced that members of the opposition CambodiaNational Rescue Party (CNRP) would be banned from making visits to detainedCNRP members in future. The Ministry alleged that a Radio Free Asia journalist,Huot Khin Vuthy (also known as Chun Chanboth) had joined a group of CNRPlawmakers to enter the prison with them during a visit, based on a falsedeclaration. On 25 April a Justice Ministry spokesman stated that the ban wason the basis of “the principle of public administrative policy” and that “inorder to keep social security and public order, the authorities have the rightto use any measure, like banning people.”[1]However, no legal basis was referred to in support of this sweeping assertionof government powers. The governmentcannot by an administrative measure act in contradiction of existing law. Article55 of the 2011 Law on Prisons provides that “detainees are entitled to havevisits from their families or relatives or friends on a specific date, exceptprohibition from judicial authorities.” Therefore,it is clear that the Ministry of Interior lacks the authority to ban visits todetainees by administrative decision alone, without a decision by the judicialauthorities. The United Nations Standard Minimum Rules for the Treatment of Prisoners,adopted by the General Assembly in 1955, provide that prisoners shall beallowed, under necessary supervision, to communicate with their family andfriends at regular intervals. On 22 April 2017,Mr. Huot received a summons from Phnom Penh Municipal Court to appear forquestioning on 2 May on the basis that heis suspected of making a false statement to prison officials. On the sameday, CNRP lawmakers Ms. Mu Sochua andMr. Long Ry received summonses to be questioned as witnesses in relation to thesame case.[1] Ben Sokhean, “Ban on CNRP PrisonVisits to Maintain ‘Public Order’” TheCambodia Daily (25 April 2017) https://goo.gl/n7l8mT