Cambodia: detention of labour activists unjustified

Cambodia: detention of labour activists unjustified

The ICJ criticized the Phnom Penh Municipal Court’s decision to deny bail to 23 people who were arrested and detained earlier this month following protests by garment factory workers seeking a higher minimum wage.

The detainees’ lawyers told the ICJ that the court denied bail for the first nine detainees, arrested on 2 January 2014, in order to “guarantee their presence for further legal proceedings”, “to preserve public order” and “to prevent instability that results from the commission of crimes”.

The remaining 13 detainees, arrested on 3 January 2014, were denied bail in order to “end crime”, “prevent new crime” and “ensure detainees are available for trial”.

The decision to deny bail to the 22 detainees followed the Court’s decision on 13 January 2014 to deny bail to Vorn Pao, President of the Independent Democracy of Informal Economy Association (IDEA).

Considering his application separately from the others, the court, similarly, provided the same reasons as in the case of the first nine detainees.

“International law is clear that pre-trial detention could only be exercised in exceptional situations, and avoided if suitable alternatives are possible,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific. “The reasons presented by the Court don’t justify holding these activists in prison right now.”

All 23 of those whose bail applications have been denied have been charged with causing intentional violence and damage to property. Three face additional charges for violent resistance against a public official, as well as a traffic offence.

They were arrested as part of the government’s response to striking garment workers and demonstrators protesting the 28-year-rule of Prime Minister Hun Sen (photo).

Security forces shot and killed at least four protesters on 3 January. The government has banned further protests.

Article 9(3) of the International Covenant on Civil and Political Rights (ICCPR), to which Cambodia is a party, guarantees the right to liberty. It states, “It shall not be the  general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial”. Such guarantees include bail.

“There are alternatives to the detention, such as bail or other conditions the court could impose on these 23 detained activists if the Court is concerned, on the basis of substantiated and objective grounds that there is a risk that each of them will abscond before the trial or interfere with the investigation,” said Zarifi. “In the absence of such proof and the serious consideration of alternatives the continued pre-trial detention of each of the 23 individuals would amount to arbitrary detention under international human rights standards.”

Vorn Pao’s lawyers filed an appeal on 14 January 2014 and the Court is expected to issue a decision on his appeal by 3 February 2014.

According to the Cambodian Centre for Human Rights, Vorn Pao appears weak and continues to suffer pain from the head injuries he sustained.

Lawyers for the other 22 detainees have also expressed their intention to appeal the Court’s decision to deny them bail.

Contact:

Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002, e-mail: sam.zarifi(a)icj.org

Craig Knowles, ICJ Media & Communications, (Bangkok), t:+66 819077653, e-mail: craig.knowles(a)icj.org

The Dalai Lama honours ICJ

The Dalai Lama honours ICJ

2013.04.13_His Holiness the 14. Dalai Lama's Visit to Switzerland 2013_FotoManuelBauer.The Dalai Lama honoured ICJ Secretary General Wilder Tayler with the Light of Truth Award in recognition of ICJ’s consistent support of the Tibetan cause over six decades.

The Award was presented to Wilder Tayler at a ceremony in Fribourg, Switzerland, on Saturday 13 April 2013.

The International Campaign for Tibet (ICT) presented the Light of Truth Award to individuals and institutions who have made significant contributions to the public understanding of Tibet and the struggle for human rights and democratic freedoms for the Tibetan people.

The ICJ was awarded for its reports documenting the experience, trials and tribulations of Tibetan people at the hands of Chinese forces, and drawing attention to the rights of Tibetans.

“You cannot imagine the outpouring of emails I have received even from very old members of the ICJ and the pride and joy in receiving the recognition of the work of ICJ by the Tibetan community, by His Holiness, by the solidarity organizations. Really it has been so moving,” said ICJ Secretary General Wilder Tayler (photo). “This prize will be dedicated to the late Nick Howen, my immediate predecessor and very dear friend who passed away quite tragically three years ago. Nick was a devoted activist of the Tibet cause; he not only put a lot of hours, he actually put his life at risk when there was need of it in order to pursue the cause, to bring information out of Tibet.”

The award itself is an antique Tibetan butter lamp, symbolizing the light that each recipient has shed on the Tibet issue.In addition to the ICJ, the Light of Truth Award 2013 was given to four other honorees, including ICJ Honorary Member Theo van Boven.

Professor van Boven is a Dutch jurist and professor emeritus in international law, a former UN Rapporteur on Torture and served as ICJ Vice-President in the 1990s. He was awarded for putting the spotlight on Tibet within and beyond the United Nations system.

Other awardees include Professor Dr. Christian Schwarz-Schilling, former German Minister and Parliamentarian, who has been working in a low-key manner for many years on the issue of the Tibetan-Chinese relationship; Ms. Sigrid Joss-Arnd, the longest-standing member of the Swiss Red Cross officials who was involved in helping Tibetans in the diaspora from the early 1960s; and Mr. Robert Ford, CBE, for his tireless advocacy on Tibet for more than half a century. Mr Ford is the only Westerner who was given official ranking in the Tibetan government before 1950 and he was imprisoned by the Chinese authorities for nearly five years.

“All of you have been long-standing friends and supporters of Tibet, for which we are immeasurably grateful. As you know, the spirit of the Tibetan people is undiminished and the power of truth remains strong,” the Dalai Lama said at the ceremony.

The Light of Truth Award is the most prestigious award in the Tibet movement and has been presented by His Holiness the Dalai Lama, on behalf of the ICT, for many years.

Previous recipients include Archbishop Desmond Tutu, the late Václav Havel, Chinese scholar and writer Wang Lixiong, and film director Martin Scorsese.

Photo/Manuel Bauer

ICJ to be honoured by the Dalai Lama

ICJ to be honoured by the Dalai Lama

DalaiLama2012_07_03_Dharamsala_G06The Dalai Lama and the International Campaign for Tibet (ICT) will honour the ICJ with the Light of Truth Award in recognition of the organization’s consistent support of the Tibetan cause over six decades.

The Award will be presented to ICJ Secretary-General Wilder Tayler at a ceremony in Fribourg, Switzerland, on 13 April 2013.

The ICT presents the Light of Truth Award to individuals and institutions who have made significant contributions to the public understanding of Tibet and the struggle for human rights and democratic freedoms for the Tibetan people.

The award itself is an antique Tibetan butter lamp, symbolizing the light that each recipient has shed on the Tibet issue.

In addition to the ICJ, there will be four other Light of Truth Awardees in 2013, including ICJ Honorary Member Theo van Boven. Professor van Boven is a Dutch jurist and professor emeritus in international law, a former UN Rapporteur on Torture and served as ICJ Vice-President in the 1990s. He will be awarded for putting the spotlight on Tibet within and beyond the United Nations system.

Other honorees include Professor Dr. Christian Schwarz-Schilling, former German Minister and Parliamentarian, who has been working in a low-key manner for many years on the issue of the Tibetan-Chinese relationship; Ms. Sigrid Joss-Arnd, the longest-standing member of the Swiss Red Cross officials who was involved in helping Tibetans in the diaspora from the early 1960s; and Mr. Robert Ford, CBE, for his tireless advocacy on Tibet for more than half a century. Mr Ford is the only Westerner who was given official ranking in the Tibetan government before 1950 and he was imprisoned by the Chinese authorities for nearly five years.

The Light of Truth Award is the most prestigious award in the Tibet movement and has been presented by His Holiness the Dalai Lama, on behalf of the ICT, for many years.

Previous recipients include Archbishop Desmond Tutu, the late Václav Havel, Chinese scholar and writer Wang Lixiong, and film director Martin Scorsese.

At the ceremony, French politician and doctor Bernard Kouchner, former Minister in the French government and co-founder of the international humanitarian organization Médecins Sans Frontières/Doctors Without Borders (MSF) will introduce the Dalai Lama.

Photo/Phuntsog/Namgyal Archive

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