Human Rights Defender Alert – Kandal Province, 5 March 2012

Mr Choung Chou-Ngy questioned in relation to charges of providing a means for escape


Date:                               5 March 2012
Name:                             Mr Choung Chou-Ngy
Category of activist:      Lawyer
Location:                       Kandal Province
Nature of threat:            Judicial Intimidation
Charge:                          Provision of Means for Escape
Outcome:                       Mr Choung Chou-Ngy not arrested or detained but must return to court at a future date. Further, Mr Chou-Ngy must obey certain restriction upon his freedom of movement.

Mr Choung Chou-Ngy, a prominent human rights and opposition lawyer, attended Kandal provincial court on the morning of 5 March 2012 to answer questions in relation to charges brought under Article 565 of the Criminal Code of the Kingdom of Cambodia 2009 (the “Penal Code”) on 29 December 2011 that he allegedly helped his client to escape prison on 23 September 2011.

For over three hours, Mr Choung Chou-Ngy was questioned by the investigating judge, Mr Sin Virak, in the presence of his defence team of eight fellow lawyers and one prosecutor.  Following this rigorous questioning, Mr Choung Chou-Ngy was released on judicial supervision, which involves several limits being placed upon his liberty.  Mr Choung Chou-Ngy felt that he had to agree to these limits, as he wants to co-operate fully with the court and advance the case to the hearing stage as soon as possible in order to clear his name.

The restrictions placed on his liberty under Article 223 of the Penal Code, are:

Not to go outside the territorial boundaries determined by the investigating judge;
Not to change residence without the authorization of the investigating judge; and
To present himself personally on fixed dates at the police office or military office specified by the investigating judge.

However, there is still some debate concerning the first restriction, due to the possibility that Mr Choung Chou-Ngy will require medical treatment abroad.  This restriction has yet to be finalized.

These restrictions are a clear example of judicial intimidation, since they prevent Mr Choungy Chou-Ngy from carrying out his professional responsibilities, and deny him – at least temporarily – his rights to freedom of expression and to defend human rights.

For more information, please contact:

Suon Bunthoeun, Human Rights Defenders Project Co-ordinator (tel: 012 48 35 46; e-mail: bunthoeun@cchrcambodia.org).