Two trucks featuring boards demanding justice for two innocents were confiscated by Phnom Penh police

Eight foreign nationals were detained by Cambodian immigration police on Tuesday, June 19th, for more than nine hours after gathering to publicly appeal for justice for Born Samnang and Sok Sam Ouen. These two men, who are currently serving a 20-year prison sentence, are widely believed to have been wrongly convicted of murdering trade union leader Chea Vichea in January 2004.

At 7:45AM, two trucks, each displaying two large poster boards featuring words in Khmer describing Born Samnang and Sok Sam Ouen's cases, were driven around the center of Phnom Penh prior to the opening of the Cambodia Development Cooperation Forum (CDCF) meeting. The trucks stopped several times at various points on the Wat Phnom rotary in order to make the boards visible to incoming donors. They did not obstruct traffic at any time, but moved ahead when requested by nearby police officers.

At approximately 8:30AM, a man who identified himself as an immigration police official ordered other officers to take control of one of the trucks. An officer in charge said the group's actions were in violation of Cambodian law. When asked which law had they violated, he replied, "pick any one you want." The other truck was escorted by police to the immigration office. The drivers and passengers of both vehicles were not given any reasons for being taken into custody. When one of the passengers asked en route as to where they were going or why, the officers refused to answer.

At the time of the incident, the trucks contained two drivers and six passengers, all foreign nationals: one Briton, two Americans, two Canadians, one Dane, and one New Zealander. Upon arrival at the station, police took photos of the detainees. One officer told a detainee that he "knew her" and "had her picture." Each detainee was then interviewed separately, without impartial translators, until late morning. Representatives from embassies, UNOHCHR, and human rights NGOs were present for some, but not all, of the interviews at the request of the detainees. Media members and attorneys were also present at the immigration police office upon the request of the detainees.

Copies of each detainee's passport and valid visa were taken by the officials, and each was required to sign a statement written in Khmer. By signing, the detainees agreed that they would, among other things, not engage in any activities that would disturb public order and would seek permission from local authorities when participating in processions. Although the detainees and foreign representatives repeatedly asked which law they had violated, no official offered an answer. They were released at 6:40PM.

LICADHO is deeply concerned about the detention of these foreigners, who were acting on their own personal initiative to call for the release of Born Samnang and Sok Sam Ouen. Many individuals, including from King Norodom Sihanouk, Chea Vichea's family, and the main eyewitness to the murder, have declared that Born Samnang and Sok Sam Ouen are innocent. The two men have been waiting for more than 18 months for the Court of Appeal to review their case.

Under Article 31 of its constitution, Cambodia has an obligation to respect the rights to freedom of expression and peaceful assembly as outlined in the International Covenant on Civil and Political Rights, to which Cambodia acceded in 1992.

In addition, although international best practice standards acknowledge that freedom of expression and peaceful assembly may be limited, they clearly specify that authorities must establish that such limitations are necessary in a democratic society. Thus, restrictions are unjustified when imposed in an arbitrary manner or when they protect a government from embarrassment or exposure of wrongdoings. LICADHO strongly urges the government of Cambodia to respect the rights to freedom of expression and peaceful assembly in accordance with these standards.