CAMBODIA: Independent radio director and Democrats Association president, Mam Sonando, is illegally arrested on charges of secession 

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that Mr. Mam Sonando (70) was arrested from his home on 15 July 2012 by the police and was formally charged on the following day by Phnom Penh Municipal Court. The main charges against Mr. Mam Sonando include plotting secessionist movements in Kratie province, inciting people to hold arms against security forces, and interfering in public duty works. These charges could bring about long-term imprisonment if he is found guilty. However, there has been no clear evidence for these accusations. Mr. Mam Sonando has been in custody for more than a month and the request for bail was rejected despite the fact that he is old and sick. He is still waiting for his trial, the date of which has not been set yet.

Mr. Mam Sonando is the owner and director of the Beehive 105 FM radio station, one of the independent media outlets in Phnom Penh, which broadcast sensitive issues about the government. He is also the founder and president of the Democrat Association, a non-governmental organization established to promote democratic freedoms and to raise awareness of civil and political rights. Mr. Mam Sonando has been known for his harsh criticisms against the government.

CASE NARRATIVE:

Mr. Mam Sonando was arrested by a group of police on 15 July 2012 after he returned from his trips to the US, France and Switzerland on 12 July 2012. The arrest was made only one day after the end of the ASEAN Regional Forum held in Phnom Penh and the return of all foreign delegates to their home countries.

The arrest of Mr. Mam Sonando stems from the bitter land dispute in Kratie province. An area of 15,000 hectare farmland in Kratie province has been granted to the Russian company Casotim under an economic land concession. Since then, the area has become a hot-spot of land dispute between the villagers and the company. On 16 May 2012, hundreds of armed security forces stormed Pro Ma village in an attempt to evict the villagers from their homes and lands. When the villagers refused to leave, the security forces opened fire, killing a teenage girl Heng Chantha during the crackdown. Later, the government officials justified the operation as part of the crackdown on secessionist movements which were allegedly plotted by members of the Democrat Association, led by Mr. Mam Sonando. This alleged accusation also led to the arrest of a number of people who the security forces claimed were secessionists seeking autonomy and attempting to establish a state within a state. However, the government authorities failed to present concrete evidence for such claims and failed to properly investigate the military crackdown which led to the killing of the 14-year-old Heng Chantha.

Another event which is believed to be connected with the arrest of the prominent human rights defender is the presentation of a communication at the International Criminal Court (ICC). On 22 June 2012, Mr. Mam Sonando appeared in The Hague to present the communication to the Office of the Prosecutor of the ICC. The communication accusing the Cambodian government’s involvement in crimes against humanity was summited by the Khmer People Power Movement (KPPM), led by Mr. Suorn Serey Ratha. On 25 June, the report on KPPM’s communication was broadcast on the Beehive 105 FM radio station. On 26 June, Prime Minister Hun Sen announced in the public speech for the arrest of Mr. Mam Sonando for involving in an insurrectionary movement. However, it has been observed that there is no evidence to substantiate the accusation by the government.

Mr. Mam Sonando was on a trip to the US, France and Switzerland when the arrest warrant was issued. He returned to Cambodia on 12 July 2012, and three days later on 15 July, he was arrested by a group of police at his home. On 16 July, he was formally charged by the Phnom Penh Municipal Court under articles 456, 457, 464, 504, and 609 of the Cambodian Penal Code. The charges include:

1. Participating in an insurrectionary movement, which is punishable by imprisonment from 7 to 15 years (Articles 456 and 457)
2. Inciting people to take up arms against state authority, which is punishable by imprisonment from 15 to 30 years if effective (Article 464)
3. Obstruction of public officials, which is punishable by imprisonment from 6 months to 1 year and a fine (Article 504)
4. Unlawful interference in the discharge of public functions, punishable by imprisonment from 1 to 3 years and a fine (Article 609).

Up until now, Mr. Mam Sonando has been in custody for over one month, and the request for bail was also turned down despite the fact that he voluntarily returned to Cambodia after learning that he would be arrested and charged. He is currently awaiting trial, the date of which has not yet been set. He has been weak and fallen ill due to his age.

ADDITIONAL COMMENTS:

The arrest has been criticized by both local and international non-governmental organizations as a means to silence critical views against the government and to crackdown opposition voices. The charges leveled against Mr. Mam Sonando are ill-grounded and used as a pretext to silence critical voices and as an example for other human rights defenders. The year 2012 has seen more violent and brutal crackdowns on peaceful demonstrations where people stand up to demand their rights, freedom and justice. A number of people have been arbitrarily arrested and detained. The extra-judicial killing of environmentalist Chut Wutty, who was documenting illegal deforestation, is another example of how the government is trying to suppress critical voices, and the failure to investigate that case is a blow to the rule of law and justice system in Cambodia.

Land grabbing has been a pressing concern and a by-product of various human rights abuses in Cambodia. Land grabbing happens in the form of economic land concessions which are granted to private companies as part of development policies. Economic land concessions have been granted on forest areas and farmlands where community people have been living for years without the involvement of the communities. Thus, such concessions have become a boiling dispute across the country. Poor compliance with the law in force and corruption even escalate the problem. The private companies fail to give fair compensation for the land to the people while the government officials turn a blind eye to the problem. In most cases, people are chased from their homes and lands in violent and ruthless evictions. As a result, people stand up to resist the eviction with whatever they have at hands such as sticks and stones and have clashes with the security forces. People are injured, arrested, detained and even killed during the eviction. People take to the streets to find justice and to protect their homes and lands; however, they have been ignored by the government. Economic land concessions are believed to promise development of the living standards and well-beings of the people; in contrast, such concessions have brought about negative impacts on rural communities, illegal land grabbing, deforestations and serious human rights violations.

SUGGESTED ACTION:
Please write a letter to the following authorities to voice your concern about this case. Please urge the authorities in power to immediately release Mr. Mam Sonando and drop all the charges against him unless evidence is well-presented and well-grounded.

The AHRC is writing a separate letter to the UN Special Rapporteur on the situation of human rights in Cambodia calling for his intervention into this matter.
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