Cambodia: Quash Conviction of Rights Land Activist – Human Rights Watch

People gather outside the Appeals Court in Phnom Penh, Cambodia on August 8, 2017, holding signs of support for land rights activist, Tep Vanny.

On August 8, 2017, an Appeals Court in Phnom Penhrejected Tep Vanny's appeal of her conviction on February 23 for"intentional violence with aggravated circumstances." She was sentenced to 30 months in prison following a summary trialin which the prosecution failed to present any witnesses preventing any possible cross examination by the defense. The Cambodian government routinely misuses the courts, which lack independence, to target members of the political opposition and civil society activists, Human Rights Watch said.

Deputy Asia Director

"The case against Tep Vanny is a blatant misuse of prosecutorial power to punish her for her peaceful activism,"saidPhil Robertson, deputy Asia director at Human Rights Watch. "Thisprosecution is intended to silence Tep Vanny and intimidate other Cambodian activists."

The charges against Tep Vanny relate to her participation in a peaceful protest in front of Prime Minister Hun Sens house in 2013, during which she and other activists called for the release of a detained fellow community member. She was found guilty under article 218 of the Cambodian Criminal Code for assaulting Hun Sens security guards. No credible evidencewas presented during the trial to substantiate these charges. The court refused to heartestimonyfrom witnesses supporting Tep Vannys account that she and other protesters did not commit any violence during the protest.

During the trial, para-police kicked, shoved, and dragged activists who had gathered outside the court, resulting in injuries to twoactivistsand a pregnant woman.Video footageof the incident shows para-police chasing demonstrators into a neighboring mall, and guards cornering one protester and repeatedly punching and kicking him.

Tep Vanny is also being held on spurious charges of public insult and death threats brought against her and five other members of the Boeung Kak Lake community dating back to the Black Monday protests on behalf of detained activists in 2012.

Since August 15, 2016,she has been held at CC2 PreySarfacility prison on the outskirts of Phnom Penhandhasnowserved a total of 358 days in detention.

TepVanny is oneof Cambodias leading land rights activists. She has worked to combat unlawful evictions and corruption by mobilizing affected communities in theBoeungKakLake area of Phnom Penh, where more than4,000 families have had to vacatetheir homesfor a private development project. In 2013, she received aVital Voices Global Leadership Awardfor her work on land rights.

Tep Vanny has been an important voice on behalf of fellow activists, and has been active in urging an independent investigation into the July 10, 2016 shooting death ofKemLey, a popular social commentator and frequent government critic.

Cambodian authorities should dropallpolitically motivated charges againstTepVanny, quashher Februaryconviction, and immediately release her, Human Rights Watch said. The government should also cease persecution of human rights defenders and others exercising their fundamental rights to freedom of expression, association, and peaceful assembly.

Cambodias international donorsshould be outraged by the governments harassment of peaceful activists through the courts, Robertson said. Together,they should publicly call for an end to thepolitically motivated and unsubstantiated charges against Tep Vannyand otherdetained activists in Cambodia.

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Cambodia: Quash Conviction of Rights Land Activist - Human Rights Watch