Covering events from January-December 2001

Kingdom of Cambodia
Head of state: King Norodom Sihanouk
Head of government: Hun Sen
Capital: Phnom Penh
Population: 13.4 million
Official language: Khmer
Death penalty: abolitionist for all crimes
2001 treaty ratifications/signatures: Optional Protocol to the UN Women's Convention

Hundreds of refugees from Viet Nam crossed the border into Cambodia after unrest in their home provinces in February. Cambodia's ability and willingness to protect them was limited, and scores were forced back across the border. Following the attack by an armed political group in Phnom Penh in November 2000, and the arrests that followed, dozens of people were brought to trial, in proceedings which fell short of international standards for fairness. Many were sentenced to long prison terms. A law allowing for the establishment of a mixed international and domestic tribunal to try those most responsible for the grave human rights violations during the period of Khmer Rouge rule (1975-1979) was signed by the King, but raised serious human rights concerns. Political activists were subjected to threats, harassment and attacks, especially in rural areas, ahead of local elections planned for 2002.

Refugees

In March, groups of ethnic minority refugees from the Central Highlands of Viet Nam crossed into Ratanakiri and Mondulkiri provinces, seeking protection following unrest in Viet Nam in February. The Cambodian authorities were contacted by their Vietnamese counterparts, who requested that all such people be returned to Viet Nam by the Cambodian provincial police. An initial group of several dozen refugees were swiftly resettled in the USA, but scores of others continued to cross the border, some of whom were forced back to the Vietnamese side by the Cambodian authorities (see Viet Nam entry). Initial government statements indicated that the refugees would not be granted permission to stay in the country, and no camps would be allowed in the border areas. As a state party to the 1951 UN Refugee Convention and its 1967 Protocol, Cambodia is obliged to ensure protection for all refugees on its territory. In April the UN High Commissioner for Refugees (UNHCR) was granted permission to work in the affected provinces and later to establish safe sites for the refugees. Attempts to arrange an agreement with the Cambodian and Vietnamese authorities over voluntary repatriation of the refugees failed in July, when the Vietnamese refused to grant the UNHCR access to the Central Highlands. Following trials in Viet Nam in September dozens more refugees arrived in Cambodia seeking protection. At the end of the year around 1,000 refugees remained in Ratanakiri and Mondulkiri.

  • In May, Dien Y Lien, his wife, Maria Nam Linh, and their five children were detained by the Cambodian police in Mondulkiri province and were forced across the border into the custody of the Vietnamese authorities, where Dien Y Lien was reportedly detained and beaten.
Arrests and trials

Dozens of people remained in detention awaiting trial following the attack in Phnom Penh in November 2000 by the Cambodian Freedom Fighters (CFF) group, which left at least eight people dead and resulted in scores of arrests. Two high-profile trials were held, with most of the defendants found guilty of charges ranging from "terrorism" to raising an illegal armed force. A new wave of arrests began in September, and dozens of new CFF suspects were in detention awaiting trial by the end of the year.
  • In June, the trial of 32 suspects (two of whom were tried in absentia) took place in Phnom Penh, amid intimidating security arrangements. Family members, journalists and human rights monitors were initially denied access to the courtroom, while heavily armed police, soldiers and military police with dogs patrolled the area. Defendants were held in pre-trial detention for longer than the six months permitted under Cambodian law, and lawyers for some of the accused were prevented from holding pre-trial confidential meetings with their clients, undermining the right to a fair trial. The majority were sentenced to long prison terms, including life imprisonment, which is not a codified punishment under Cambodian law.
Khmer Rouge cases

In January, the National Assembly passed a law allowing for the establishment of a mixed international and domestic tribunal to bring to justice those suspected of responsibility for the gross human rights violations during the period of Khmer Rouge rule. The Senate also approved the law, but in February the Constitutional Council, which has responsibility for ensuring that all new laws comply with Cambodia's Constitution, called for changes because the law referred to punishments laid down in the 1956 Penal Code. These included the death penalty, which was abolished in the 1993 Constitution. After months of delay, the revised law was passed by the National Assembly and Senate in July. It was approved by the Constitutional Council in August, and swiftly signed by the King. In January the UN had also raised concerns about the law in a detailed letter to the Cambodian government, pointing out among other issues where the law fell short of international standards for fairness. The revised version of the law did not address the majority of these concerns, and this was duly highlighted by the UN's legal office. In November, the Prime Minister complained that the UN was causing delays in the process, and stated that the Cambodian side would proceed without the organization if necessary.
  • Two Khmer Rouge suspects arrested in 1999 remained in detention in Phnom Penh's military detention facility throughout the year.
Political violence and intimidation

Local elections were scheduled for early 2002, and the voter registration process and identification of candidates took place during 2001. There were scores of complaints of harassment and intimidation of activists from the opposition Sam Rainsy Party (SRP). Ten likely candidates from the SRP and the National United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia (FUNCINPEC) parties were killed during the year in attacks which may have been politically motivated. Official investigations blamed the deaths on personal disputes and witchcraft, but investigations by independent monitors suggested a political motive in some of the killings.
  • In July Meas Soy, a FUNCINPEC prospective local election candidate, was shot dead at his house in Kampong Chhnang province. Police in the province suggested that the killing might have been related to a personal dispute, but independent investigators found no evidence to support this. One suspect was acquitted and released by the provincial court in November, when the judge ruled there was insufficient evidence against him.
Intergovernmental organizations

The Special Representative of the UN Secretary-General on Human Rights in Cambodia visited the country three times during the year, highlighting among other issues the weak judicial system and its effect on human rights protection. He reported to both the UN Commission on Human Rights and the UN General Assembly, both of which adopted resolutions requesting that reports be submitted to their next sessions.

AI country reports/visits

Reports
  • Cambodia: Fear of forcible repatriation (AI Index: ASA 23/001/2001)
  • Cambodia: Judiciary on trial (AI Index: ASA 23/005/2001)
Visit

An AI delegation visited Cambodia in August and met the King.

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