A/HRC/24/36
were delivering a training course on land rights issues in Patang village. Despite a letter to
the Village Chief of Patang to inform him of the training session, law enforcement officials
interrupted the session. Law enforcement officials also accused ADHOC of undertaking
“incitement activities” and warned both men to leave the area, otherwise their security
would not be guaranteed. Concerns were expressed that the disruption of the human rights
training course and the threats against the two staff members might have been related to the
exercise of their rights to freedom of peaceful assembly, of expression and of association.
10.
Another joint urgent appeal was sent on 29 August 2012 with the Chair-Rapporteur
of the Working Group on Arbitrary Detention, the Special Rapporteur on the right to
freedom of opinion and expression, the Special Rapporteur on the rights to freedom of
peaceful assembly and of association, and the Special Rapporteur on the situation of human
rights defenders. The letter addressed charges brought against Mr. Mam Sonando, director
and owner of independent radio station 105 (Beehive Radio). Mr. Sonando was the subject
of a number of communications submitted to the Government of Cambodia on behalf of
special procedures of the Human Rights Council, including an urgent appeal letter sent on
14 October 2005 and an allegation letter of 28 February 2006. On 16 July 2012, Mr.
Sonando (president of an NGO established to promote democratic freedoms and raise
awareness of civil political rights) was formally charged by the Phnom Penh Municipal
Court in accordance with six articles derived from the Penal Code including “insurrection”
and “inciting people to take up arms against the authorities”. Reports suggested that the
charges brought against Mr. Sonando might have stemmed from a speech made by Prime
Minister Hun Sen in which Mr. Sonando was accused of instigating a plot for a village in
Kratie Province to secede from Cambodia and become an independent state. The Prime
Minister’s speech came a day after Beehive Radio had broadcast a report about a complaint
lodged in the International Criminal Court on 22 June, accusing the Government of
committing crimes against humanity by displacing thousands of people through forced
evictions. Concern was expressed that the alleged arrest, detention and sentencing of Mr.
Sonando might have been directly related to his legitimate work in raising awareness of
civil and political rights in Cambodia. There was also concern that the charges brought
against him might have represented a direct attempt to prevent him from exercising his
legitimate right to freedom of expression.
11.
Further, a joint allegation letter sent on 25 October 2012 concerned Mr. Sonando’s
trial, and was also written by the Special Rapporteur on the right to freedom of opinion and
expression, the Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health, the Special Rapporteur on the situation of
human rights defenders and the Special Rapporteur on the independence of judges and
lawyers. On 1 October 2012, Mr. Sonando was found guilty of being the instigator of an
insurrectionary movement, inciting people to take arms against State authority, obstruction
of public officials with aggravating circumstances, and unlawful interference in the
discharge of public functions. Mr. Sonando reportedly contracted a serious respiratory
infection in prison and required access to the necessary medical care. Serious concern was
expressed that the long prison sentence imposed on Mr. Sonando might have represented a
direct attempt to prevent him from exercising his legitimate right to freedom of expression.
Further, concern was expressed at allegations received indicating that Mr. Sonando’s
situation could have been linked to his activities in the promotion of human rights and
fundamental freedoms.
12.
On 15 March 2013, the Special Rapporteur welcomed, through a press statement, the
release of Mr. Sonando following the decision of the Cambodian Court of Appeal on 14
March 2013. He noted that the Court of Appeal had found that there was no evidence to
support many of the charges, after first instance sentences of periods up to 20 years on
charges including instigating insurrection. He also noted that some of the significant defects
in the original trial, which were highlighted by some of his interlocutors with whom the
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