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The
Observatory has been informed about the arbitrary detention and
judicial harassment of Mr Koet
Saray,
president of the Khmer Student Intelligent League Association
(KSILA), a group that works on capacity building to increase
students’ participation in social development, good governance, and
sustainable use of natural resources in Cambodia.
On
April 5, 2024, at approximately 4:00pm, Koet Saray was arrested by 10
police officers, some in uniforms and some in plainclothes, outside
of KSILA’s office in Phnom Penh, following an order issued by the
Office of the Prosecutor at Phnom Penh Municipal Court of First
Instance on the same day, on charges of “incitement to cause
serious chaos to social security”. Koet Saray was then immediately
sent to the Phnom Penh Police Commissariat for questioning.
On
April 6, 2024, in the afternoon, Koet Saray was sent to the Phnom
Penh Municipal Court of First Instance after being detained overnight
at the Phnom Penh Police Commissariat.
On
April 7, 2024, an investigating judge at Phnom Penh Municipal Court
of First Instance remanded Koet Saray to pretrial detention at Phnom
Penh’s Correctional Centre 1 (CC1) on charges of “committing a
misdemeanour after being sentenced for another misdemeanour” and
“incitement to commit a felony” under Articles 88, 494, and 495
of the Criminal Code of Cambodia, after being interrogated by the
Phnom Penh Municipal prosecutor. At the time of publication of this
Urgent Appeal, Koet Saray remained arbitrarily detained in CC1. If
convicted, he could face between six months and two years in prison.
The
charges against Koet Saray relate to a decade-long land dispute in
Preah Vihear Province, where around 300 families in several villages
were evicted from their homes in Kuleaen District to make way for a
rubber plantation on a land concession given by the government to
Phnom Penh-based Seila Damex Co., Ltd. On March 21, 2024, Koet Saray
visited
a group of the evicted villagers who were hiding in the nearby forest
area, and spoke to reporters about their plight.
The
Observatory recalls that Koet Saray was previously arbitrarily
arrested
on September 6, 2020, in connection with his participation in a
peaceful gathering calling for the release of then-imprisoned union
leader Rong
Chhun at
Phnom Penh’s Freedom Park. He was charged with “incitement to
commit a felony or cause social unrest”, and sentenced in October
2021 to 20 months in prison, with six months of his sentence
suspended for a period of two years, and fined with two million riel
(approximately 420 Euros) and placed under pre-trial detention in
CC1. He was released
on November 5, 2021.
The
Observatory strongly condemns the arbitrary detention of Koet Saray,
which seems to be only aimed at punishing him for his peaceful and
legitimate human rights activities. The Observatory urges the
Cambodian authorities to immediately and unconditionally release him
and to put an end to all acts of harassment, including at the
judicial level, against him and all other human rights defenders in
the country.
The
Observatory also urges the Cambodian authorities to guarantee in all
circumstances the right to freedom of expression, as enshrined in
international human rights law and particularly in Article 19 of the
International Covenant on Civil and Political Rights, to which
Cambodia is a state party.
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