Request for observers to be sent to the appeal trial of the Boeung Kak Lake human rights defenders

Jean‐François Cautain

Ambassador/Head of EU Delegation to the Kingdom of Cambodia

Delegation of the European Union to Cambodia

No. 100 A, Preah Norodom Boulevard

Khan Daun Penh,

12207 Phnom Penh

Telephone: +855 23 216 996/220 611

Fax:+855 23 216 997

22 June 2012

Dear Ambassador Jean-François Cautain:

Re: Request for observers to be sent to the appeal trial of the Boeung Kak Lake human rights defenders

We, the undersigned human rights organisations, are writing to encourage you to send

High level observers to attend the June 27, 2012 appeal hearing for the 13 female

Boeung Kak Lake land and housing rights activists. They were charged, tried, convicted,

And sentenced on May 24, 2012 solely as a result of exercising their fundamental right

To freedoms of expression.

The women are part of the ‘Boeung Kak Lake 15’, which refers to 15 land and housing rights

Activists (14 women and one man) who have been actively protesting the forced evictions of

the Boeung Kak Lake community in Phnom Penh,

Cambodia. 13 women were arrested on May 22, 2012 during a peaceful protest on the site of demolished homes at the former lake. On May 24, just 48 hours after their arrests, all 13

Were subjected to an approximately three‐hour long mass trial. The women’s lawyers’

Requests for time to prepare the case, examine the case file, speak with their clients, and

Call witnesses were all denied. These fair trial rights are not only expressly guaranteed under

Cambodia’s own Constitution and Code of Criminal Procedure, they are also guaranteed under international treaties which Cambodia has ratified.

Two additional community representatives who were prepared to testify on behalf of the 13

women were arrested outside the court room during the trial. They were charged with the

same crimes and detained. Immediately upon the conclusion of the May 24 trial, all 13 women received sentences of 2.5 years each, with some portions of six of their sentences

suspended. The two representatives arrested during the trial have recently been released

and are under judicial supervision awaiting their trial. Further details about the case can be

found in the briefing paper attached to this letter.

An appeal hearing for the 13 has been set for 7.30 a.m. on June 27 at the appellate court (court is located on the riverside just south of the Royal Palace). We are of the view that strong international pressure and interest in the case will improve the women’s chance of receiving a fair trial.

The presence of international observers from donor Government and the international

Community more generally will add significant support to calls for a hearing that follows the

Rule of law and international human rights standards. Moreover, we consider that the case

Against the women should in fact be dismissed and that they should be immediately and

Unconditionally released. Suppression of activists and community members opposing forced

Evictions and land grabbing appears to be increasing should the convictions of the 13 Boeung Kak Lake activists stand, the case will serve as a warning to other human rights

Defenders and embolden those governments, corporations and individuals perpetrating

Forced evictions and other human rights violations. We sincerely appreciate the contribution

your presence at the trial would make in the defense of human rights.

For more information including articles, photos and video please visit The Cambodian League for the Promotion and Defense of Human Rights (LICADHO) website:

http://www.licadho-°©‐cambodia.org and the Free the 15! Blog: http://freethe15.wordpress.com.

We look forward to receiving your response to our letter.

Sincerely,

Kate Lappin

Regional Coordinator

Asia Pacific Forum on Women,

Law and Development (APWLD)

Donna J. Guest

Deputy Director,

Asia Pacific

Amnesty International

Brittis Edman

Southeast Asia Programme

Director

Civil Rights Defenders

Brad Adams

Director,

Asia Division

Human Rights Watch

Daniel Calingaert

Vice President,

Policy and

External Affairs

Freedom House

Yap Swee Seng

Executive Director

Asian Forum for Human Rights

And Development

Yvette J. Alberdingk Thijm

Executive Director

WITNESS