[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Cambodian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Cambodian authorities are attached below with this appeal. Thank you.]
[RE: UA-281-2006: CAMBODIA: University lecturer is dismissed allegedly for writing a book that is critical of government; UP-176-2006: CAMBODIA: University lecturer arrested for disinformation due to writing a book critical of the government]
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CAMBODIA: Denial of detainees’ rights; political persecution; arbitrary arrest and detention; suppression of freedom of expression
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Dear friends,
The Asian Human Right Commission (AHRC) has received updates that Teang Narith (30), who is suffering from serious mental depression, is being denied to access psychological counsel by the Phnom Penh Municipal Court. He has been dismissed from the university and then charged with dissemination of disinformation after he published a book criticizing the government (See further: UA-281-2006 and UP-176-2006). He is being detained in the Phnom Penh Municipal Prison since his arrest on 4 September 2006 even though the charge against him is bailable.
UPDATED INFORMATION:
According to Teang Narith’s lawyer Hong Kimsuon, the assessment to determine whether Teang Narith is mentally unsound has been taking an unnecessarily long time and has now been going on for several months. Teang Narith’s family members complained that he occasionally becomes depressed and has had a heart ailment since he was young but, after being detained since 4 September 2006, his condition has deteriorated. His lawyer then appealed this matter, and he subsequently received a psychiatric evaluation in mid-September.
However, no evaluation report has been “officially” published. It is alleged that one of the three psychiatrists who were assigned to conduct an examination of Teang Narith is Dr. Ka Sun Baunat, an advisor of the CPP Senate President Chea Sim. While Dr. Ka Sun Baunat claims that he submitted his evaluation result to the Health Ministry nearly two months ago, the Health Ministry officials Eng Huot and Ung Phyrum deny it and reportedly said that they have never seen an evaluation result on Teang Narith.
Due to such bureaucratic undue delays and contradictions between the two sides, to date the prison authority has not provided any psychological counseling or other adequate medical attention for his mental depression and the judiciary also has not considered bail despite his health condition.
Furthermore, such a denial of medical attention regarding Teang Narith’s condition for any length of time violates Article 12 (1) of the Cambodia Criminal Law that clearly states that “each detainee must have access to appropriate medical care”.
BREIF REMINDER OF THE CASE:
Teang Narith’s lawyer Hong Kimsuon then approached the Phnom Penh Municipal Court and requested another psychological assessment of his client by a new team of doctors. However, Judge Sao Meach, who is hearing Teang Narith’s case, dismissed the lawyer’s request on 4 December 2006, saying that he did not have the authority to make such a decision.
Teang Narith has written a book entitled Political Philosophy that is critical of Cambodia’s current leadership, including Prime Minster Hun Sen and has held them responsible, among other things, for a grenade attack on peace demonstrators in 1997, as well as political violence which echoes recent allegations committed by the former Phnom Penh Police Chief Heng Pov. Subsquently, he was dismissed from the university on August 22 and arrested on September 4, with the criminal offence of disinformation. He has been serving arbitrary pre-trial detention for several months even though the offence is bailable. Also, his arrest was carried out when his lawsuit against his dismissal had not yet been adjudicated. To know details of the case, please see our previous urgent appeals: UA-281-2006 and UP-176-2006.
This is clear attempt by the country’s leadership to use the courts that they control to silence and punish their critics in violation of freedom of expression. The government gives a clear message through this case to other critics of the government including journalists and activists that they would also face similar dangerous consequences when they dare to criticize the government.
Article 19 (2) of the International Covenant for Civil and Political Rights (ICCPR), to which the Cambodia is a state party, states, “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”
Therefore, the Cambodian government should fulfill its international obligation under the ICCPR, immediately stop persecution against him and particularly withdraw the criminal case against him. The AHRC also urges that in the meantime, the municipal court should allow Teang Narith access to medical attention for his serious mental depression and heart ailment and allow him bail as soon as possible.
We further request donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this persecution of critics of the government and push for Teang Narith’s release.
SUGGESTED ACTION:
Please write to the relevant Cambodian government authorities listed below and express your concern about this case. Please urge them to respect the freedom of expression and release the victim immediately and provide adequate medical attention to him in the mean time.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear__________,
CAMBODIA: Detained university lecturer is denied to access proper medical attention
Name of victim: Teang Narith, aged 30; former law and politics lecturer at Sihanouk Raj Buddhist University in Phnom Penh; dismissed from the university on August 22 and arrested on September 4, with the criminal offence of disinformation, after writing a book entitled Political Philosophy that that is critical to Cambodia’s current leadership
Place currently being detained: Phnom Penh Municipal Prison
Current status of the case: Medical attention is being denied for his serious mental depression and heart ailment; arbitrarily serves long-term pre-detention although the offense is bailable
I am writing to express my deep concern about the case of Teang Narith, 30, the former law and politics lecturer at Sihanouk Raj Buddhist University in Phnom Penh, who was dismissed from the university on August 22 and arrested on September 4, with the criminal offence of disinformation. He wrote a book entitled Political Philosophy that that is critical to Cambodia’s current leadership. He is currently being detained at the Phnom Penh Municipal Prison.
According to the latest information I have received, Teang Narith has been denied to access proper medial attention for his serious mental depression and heart ailment for several months during his detention. Teang Narith’s family claims that he occasionally becomes depressed and has had a heart ailment since he was young but after his arrest on 4 September 2006, his condition has deteriorated.
Even though a psychiatric evaluation was conducted on him in mid-September, to date Teang Narith has received no medical assistance. While Dr. Ka Sun Baunat, one of the three psychiatrists who were assigned to conduct an examination of Teang Narith, reportedly claims that he submitted his evaluation result to the Health Ministry nearly two months ago, the Health Ministry officials Eng Huot and Ung Phyrum deny it saying that they never saw any evaluation result of Teang Narith. However, Judge Sao Meach of the Phnom Penh Municipal Court refused to allow another psychological assessment on Teang Narith by a new team of doctors on 4 December 2006.
Due to such bureaucratic undue delays and contradictions between two sides, to date the prison authority has not provided any psychological counsel or other adequate medical attention for his mental depression and the judiciary has also not allowed him bail despite his health condition. I would like to remind you that denial of medical attention to Teang Narith violates Article 12 (1) of the Cambodia Criminal Law that clearly states that “each detainee must have access to appropriate medical care”.
In fact, Teang Narith has been serving arbitrary pre-trial detention for several months even though the offence is bailable. Also, his arrest was carried out when his lawsuit against his dismissal had not yet been adjudicated.
This is a clear attempt by the country’s leadership to use the courts that they control to silence and punish their critics in violation of freedom of expression. Article 19 (2) of the International Covenant for Civil and Political Rights (ICCPR), to which the Cambodia is a state party, protects everyone’s freedom of expression.
I therefore strongly urge you to take action to ensure that political persecution against Teang Narith is immediately stopped and particularly the criminal case against him is withdrawn. I also urge you to ensure that in the meantime, Teang Narith is given access to medical attention for his serious mental depression and heart ailment and that he is released on bail. I further request you to ensure that adequate compensation is given to Teang Narith.
I further request donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this persecution of the critics of the government and push for Teang Narith’s release.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
CAMBODIA
Tel: +855-23-21 98 98
Fax: +855-23-36 06 66
E-mail: cabinet1b@camnet.com.kh
2. H.E.Mr. Sar Kheng
Deputy Prime Minister and Minister of Interior
275 Norodom Blvd.
Phnom Penh,
CAMBODIA
Tel/fax: +855 23 72 19 05/72 6052/72 11 90
E-Mail: info@interior.gov.kh or moi@interior.gov.kh
3. Mr. Ang Vong Vathna
Minster of Justice
No. 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855 23 36 41 19/21 66 22
4. Judge Chiv Keng
President
Phnom Penh Municipal Court
N¢X 31, Monireth (St. 217), corner Street 213
Phnom Penh
CAMBODIA
5. Mr. Uk Savuth
Prosecutor
Phnom Penh Municipal Court
N¢X 31, Monireth (St. 217), corner Street 213
Phnom Penh
CAMBODIA
6. Mr. Touch Naruth
Police Commissioner
Phnom Penh Municipal Police
Street 53, corner Street 154
Phnom Penh
CAMBODIA
7. Mr. Douglas Gardner
UNDP Resident Representative in Cambodia
Resident Coordinator of United Nations | UNRC
No. 53, Pasteur Street, Boeung Keng Kang I, Chamkar Mon
Phnom Penh (P.O. Box877)
CAMBODIA
Tel: +855 23 214 371 / 214 397 / 211 240 / 211 205 / 216 167 / 216
217 / 213 094
Fax: +855 23 216 257 / 721 042 / 216 863 / 210 214
8. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights – Cambodia
No. 10, Street 302
Sangkat Boeng Keng Kang I
Khan Chamcar Mon
Phnom Penh
CAMBODIA
Tel: +855 23 987 671 / 987 672, 993 590 / 993 591 or +855 23 216 342
Fax: +855 23 212 579, 213 587
9. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in
Cambodia
Attn: Ms. Marianne Haugaard
Room 3-080
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 91 79214
Fax: +41 22 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)
10. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
c/o J Deriviero
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
