Nov 9, 2020 | DFF, Statements
JAKARTA – On the eve of the second anniversary of Philippine Senator Leila de Lima’s imprisonment, parliamentarians from across Southeast Asia today expressed grave concern over her continued detention on trumped-up charges and reiterated their call for her immediate release.
“The two years Senator de Lima has spent languishing in prison serve as a dark reminder of President Duterte’s zero-tolerance for scrutiny and the eroding state of democracy and human rights in the Philippines. The charges against her fly in the face of justice and the Philippine government must end its judicial harassment against her without further delay,” said ASEAN Parliamentarians for Human Rights (APHR) Chairperson Charles Santiago, a member of the Malaysian Parliament.
On 24 February 2017, Sen. de Lima, a member of APHR, was arrested on charges related to drug trafficking (Sections 3 and 5 of the Dangerous Drugs Act). These have since been amended by the Department of Justice to conspiracy to traffic drugs (Section 26(b) of the same law). Her case has been marred by significant delays – it took approximately 18 months before she was arraigned in one of her three cases – and to date, four judges have inhibited themselves from hearing her case.
Senator de Lima has been one of the most vocal critics of President Duterte’s deadly crackdown against those allegedly involved in illegal drugs. Before her arrest, she was leading a Senate investigation into the President’s so-called ‘war on drugs’. In 2009, as Chair of the Philippine Commission on Human Rights, she led a separate inquiry into President Duterte’s alleged involvement in extrajudicial killings when he was mayor in Davao City.
“It’s clear that the charges against her are politically motivated. Her prolonged and unjust imprisonment has been nothing but an attempt to deliberately silence Senator de Lima’s efforts, which were focused on important matters of public interest,” added Charles Santiago.
In November 2018, the UN Working Group on Arbitrary Detention found that her imprisonment “lacks a legal basis” and is a form of reprisal due to her human rights work in the Philippines. The Working Group also urged the Philippine government to take steps to remedy the situation, including compensation and reinstatement of positions she was ousted from.
The Southeast Asian MPs noted with concern that thousands of people have been killed in the anti-drug campaign in the Philippines with an almost complete lack due process and independent investigations.
“Senator de Lima’s only ‘crime’ was trying to end the bloody anti-drug campaign unleashed under the current government. The Philippine people need more champions for justice like the Senator. As she continues her fight behind bars, she can rest assured that her regional peers are standing in solidarity with her and will keep raising her case until the day she walks free again,” concluded Charles Santiago.
Nov 9, 2020 | DFF, Statements
Phnom Penh, 15 August 2018 – Land activist and human rights defender Tep Vanny has been unjustly detained for two years as of today, for defending the rights of the Boeung Kak Lake community and her fellow Cambodians. We, the undersigned civil society organisations and communities, condemn her ongoing imprisonment and call on the authorities to immediately and unconditionally release Tep Vanny, drop all dormant criminal charges and overturn any convictions against her, so that she may return to her family and community.
Tep Vanny has fought tirelessly to protect the rights of members of her community following their forced eviction from their homes on Boeung Kak Lake, Phnom Penh, but also those of fellow human rights defenders campaigning for separate causes. As long as she is behind bars, Tep Vanny is prevented from carrying out her peaceful and valuable work.
“We have to share all the benefits of our experience. If we stand up together, we can get justice,” said Tep Vanny. “If the communities join together, we have big power.”
It was during one such peaceful protest that Tep Vanny was arrested on 15 August 2016, challenging the arbitrary detention of four human rights defenders and one election official. On 22 August 2016, she was convicted of ‘insulting a public official’, and sentenced to six days in prison. However, instead of releasing her based on time served, the authorities reactivated dormant charges dating back to a 2013 peaceful protest, later sentencing her to two and half years of imprisonment and a fine of 14 million riels (around $3,500). To date, Tep Vanny’s requests for pardon or early release have all been rejected. Her many trials and appeals have fallen far short of fair trial standards, with the evidence presented failing to meet the burden of proof required to sustain a conviction.
“As a victim of eviction I can guarantee that Tep Vanny did not use any violence or do anything wrong. I would stake my life on that,” said fellow Boeung Kak Lake activist Bov Chhorvy. “The authorities should release her so she can be with her family. Her children and mother need her.”
Her excessively lengthy detention, apart from taking a personal toll, further deprives her two children of a normal childhood, since they only see their mother once a month. Tep Vanny’s mother’s deteriorating health is aggravated by the ongoing unjust treatment of her daughter. The inability to care for her family places an acute psychological burden on Tep Vanny, exacerbated by her detention in one of Cambodia’s worst prisons, where she shares a cell with more than 150 other detainees in squalid conditions. Civil society representatives as well as members of the Boeung Kak Lake community have been frequently turned away when attempting to visit her in prison, further compounding the isolation from friends and family and in violation of the UN Standard Minimum Rules for the Treatment of Prisoners.
We call on the Cambodian authorities to release Tep Vanny immediately and unconditionally, drop all charges and end all criminal investigations against her. This will ensure that she is able to continue her work as a human rights defender, and more importantly reunite with her family and community. Finally, we urge the authorities to cease the intimidation and harassment of Tep Vanny and all other activists through arrests, prosecution and imprisonment.
This statement is endorsed by:
- 24 Families Community (Preah Sihanouk)
- 92 Community (Phnom Penh)
- 105 Community (Phnom Penh)
- 297 Land Community (Koh Kong)
- Activities for Environment Community (AEC)
- Alliance for Conflict Transformation (ACT)
- Amnesty International (AI)
- Angdoung Community (Preah Sihanouk)
- Angdoung Kanthuot (Battambang)
- Angdoung Trabek Land Community (Svay Rieng)
- Anlong Run Community (Battambang)
- Ansoung Sork Community (Battambang)
- Areng Indigenous Community (Koh Kong)
- ASEAN Parliamentarians for Human Rights (APHR)
- Asian Democracy Network (ADN)
- Asian Forum for Human Rights & Development (Forum Asia)
- Banteay Srey Community (Phnom Penh)
- Bat Khteah Community (Preah Sihanouk)
- Boeng Chhuk Community (Phnom Penh)
- Boeung Pram Community (Battambang)
- Borei Keila Community (Phnom Penh)
- Borei Mittepheap Community (Banteay Meanchey)
- Borei Sontepheap Community (Phnom Penh)
- Bos Sa Am Community (Battambang)
- Bou Japan Land Community (Koh Kong)
- Buddhism for Peace Organization (BPO)
- CamASEAN Youth’s Future (CamASEAN)
- Cambodia Indigenous Peoples Organization (CIPO)
- Cambodia’s Independent Civil Servants Association (CICA)
- Cambodian Center for Human Rights (CCHR)
- Cambodian Domestic Workers Network (CDWN)
- Cambodian Human Rights and Development Association (ADHOC)
- Cambodian Independent Teachers’ Association (CITA)
- Cambodian Informal Economy Workers Association (CIWA)
- Cambodian Labor Confederation (CLC)
- Cambodian League for the Promotion and Defense of Human Rights (LICADHO)
- Cambodian Youth Network (CYN)
- Capacity Community Development Organization (CCD)
- Chek Meas Land Community (Svay Rieng)
- Cheko Community (Phnom Penh)
- Center for Alliance of Labor and Human Rights (CENTRAL)
- Cheung Wat Village Land Community (Banteay Meanchey)
- Chikor Kraom Land Community (Koh Kong)
- Chikor Leu Land Community (Koh Kong)
- Chirou Ti Pi Community (Tbong Khmum)
- Chhub Community (Tbong Khmum)
- Chorm Kravean Community (Kampong Cham)
- C I 5 Community (Preah Sihanouk)
- CIVICUS: World Alliance for Citizen Participation
- Civil Rights Defenders (CRD)
- Coalition of Cambodian Apparel Workers Democratic Union (C.CAWDU)
- Coalition of Cambodian Farmers Community Association (CCFC)
- Coalition of Integrity and Social Accountability (CISA)
- Committee for Free and Fair Elections in Cambodia (COMFREL)
- Community Peace-Building Network (CPN)
- Confederation of Cambodian Worker (CCW)
- Dok Por Community (Kampong Speu)
- Dombe Community (Tbong Khmum)
- Equitable Cambodia (EC)
- Fishery Community (Banteay Meanchey)
- Front Line Defenders (FLD)
- Forest and Biodiversity Preservation Community (Svay Rieng)
- Free Trade Union of Workers of Kingdom of Cambodia (FTUWKC)
- Gender and Development Cambodia (GADC)
- Horng Samnom Community (Kampong Speu)
- Human Rights Watch (HRW)
- Independent Democracy of Informal Economy Association (IDEA)
- Independent Monk Network for Social Justice (IMNSJ)
- Indigenous Youth at Brome Community (Preah Vihear)
- International Federation for Human Rights (FIDH), within the Framework of the Observatory for the Protection of Human Rights Defenders
- International Freedom of Expression Exchange (IFEX)
- Khva Community (Phnom Penh)
- Koh Sralao Fishery Community (Koh Kong)
- Lor Peang Land Community (Kampong Chhnang)
- Mlup Prom Vihea Thor Center (Koh Kong)
- Moeunchey Land Community (Svay Rieng)
- Minority Rights Organization (MIRO)
- Mother Nature Cambodia (MNC)
- Network for Prey Long Protection in Mean Rith Commune (Kampong Thom)
- Orm Laing Community (Kampong Chhnang)
- Ou Ampil Land Community (Banteay Meanchey)
- Ou Chheu Teal Community (Preah Sihanouk)
- Ou Khsach Community (Preah Sihanouk)
- Ou Tracheak Chet Community (Preah Sihanouk)
- Ou Tres Community (Preah Sihanouk)
- Ou Vor Preng Community (Battambang)
- Phnom Bat Community (Phnom Penh)
- Phnom Kram Community (Siem Reap)
- Phnom Sleuk Community (Battambang)
- Phnom Torteong Community (Kampot)
- Phsar Kandal Village Land Community (Banteay Meanchey)
- Phum 22 Community (Phnom Penh)
- Phum Bo Loy Community (Ratanakiri)
- Phum Dei Chhnang Community (Kampong Speu)
- Phum Samut Leu Community (Ratanakiri)
- Phum Ou Svay Land Community (Banteay Meanchey)
- Phum Sela Khmer Land Community (Banteay Meanchey)
- Phum Thmei Taing Samrong Community (Kampong Speu)
- Ponlok Khmer (PKH)
- Poy Japan Land Community (Koh Kong)
- Prasak Community (Battambang)
- Preah Vihear Kouy Indigenous Community
- Prek Takung Community (Phnom Penh)
- Prek Tanou Community (Phnom Penh)
- Prek Trae Community (Preah Sihanouk)
- Prey Chher Pich Sangva Laor Chhert Community (Kampong Chhnang)
- Prey Long Community (Kampong Thom)
- Prey Peay Fishery Community (Kampot)
- Progressive Voice (PV)
- Railway Community (Phnom Penh)
- Raksmey Samaki Community (Kampong Speu)
- Roluos Cheung Ek Community (Phnom Penh)
- Rum Cheik Land Community (Siem Reap)
- Russey Sras Community (Phnom Penh)
- Land and Housing Community Solidarity Network (Phnom Penh)
- Samaki Phnom Chorm Mlou Community (Kampot)
- Sahmakum Teang Tnaut (STT)
- Samaki Romeas Haek Land Community (Svay Rieng)
- Samaki Rung Roeung Community (Phnom Penh)
- Sangkom Thmey Land Community (Pursat)
- Samaki 4 Community (Phnom Penh)
- SAMKY Organization
- Sdey Krom Fishery Community (Battambang)
- SILAKA Organization
- Skun Land Community (Banteay Meanchey)
- Skun Land Community (Siem Reap)
- Smach Meanchey Land Community (Koh Kong)
- Somros Koh Sdech Fishery Community (Koh Kong)
- SOS International Airport Community (Phnom Penh)
- Southeast Asian Press Alliance (SEAPA)
- Spean Chhes Community (Preah Sihanouk)
- Srechong Land Community (Kampong Thom)
- Sre Prang Community (Kampong Cham)
- Sreveal Land Community (Kampong Thom)
- Steung Bort village Land community (Banteay Meanchey)
- Steung Khsach Sor Forestry Resource (Kampong Chhnang)
- Steung Meanchey Community (Phnom Penh)
- Strey Klangsang Community (Phnom Penh)
- Tani Land Community (Siem Reap)
- Ta Noun Land Community (Koh Kong)
- Ta Trai Village Land Community (Banteay Meanchey)
- Teng Tao Land Community (Svay Rieng)
- The Cambodian NGO Committee on CEDAW (NGO-CEDAW)
- Thmor Kol Community (Phnom Penh)
- Thmor Da Community (Pursat)
- Thmor Thom Community (Preah Sihanouk)
- Thnol Bort Village Land Community (Banteay Meanchey)
- Thnong Land Community (Koh Kong)
- Toul Rada Community (Phnom Penh)
- Toul Samrong Community (Kampong Chhnang)
- Toul Sangke A Community (Phnom Penh)
- Tourism Employee Grand Diamond City Union (Banteay Meanchey)
- Tourism Employee Union (Banteay Meanchey)
- Trapaing Chan Community (Kampong Chhnang)
- Trapaing Chor Community (Kampong Speu)
- Trapaing Krasaing Land Community (Siem Reap)
- Trapaing Raing Community (Phnom Penh)
- Trapaing Sangke Community (Kampot)
- Tumnop II Community (Pursat)
- Tunlong Community (Kampong Cham)
- Vital Voice Global Partnership
- World Organization Against Torture (OMCT), within the Framework of the Observatory for the Protection of Human Rights Defenders
Click here to read this statement in Khmer
សូមចុចទីនេះ ដើម្បីអានសេចក្តីថ្លែងការណ៍ជាភាសាខ្មែរ
Nov 9, 2020 | DFF, Statements
The Board of ASEAN Parliamentarians for Human Rights (APHR) today renewed its call for the immediate and unconditional release of Philippines Senator Leila de Lima, expressing their collective solidarity with the Senator on the occasion of her 59th Birthday.
This is the second birthday she will spend in prison and it should be her last. Sen. de Lima has been one of the most outspoken critics of President Duterte’s “war on drugs.” In the months prior to her arrest in February 2017, Sen. De Lima had spearheaded a Senate investigation into alleged extrajudicial killings carried out by the current administration. She has remained in prison for 18 months, awaiting trial for three counts of drug trafficking charges. After more than a year of delays in the proceedings, she was arraigned on two of her charges in July and August.
Sen. De Lima and international rights groups have consistently maintained that the charges are false and politically motivated due to her outspoken criticism of the Duterte administration. During her time in detention, the Supreme Court has denied her request for legislative furlough so she can perform her duties as a Senator.
Throughout her incarceration, public access to Sen. de Lima has been limited. Several foreign delegations have been barred from visiting her in prison. In September 2017, authorities at her detention center denied APHR members access, despite the delegation having followed all proper protocols.
In light of the above concerns, and in failure of her release, we urge the Philippines authorities to allow Sen. de Lima to be able to receive visitors in prison, including foreign guests, on a non-discriminatory basis.
We further urge the Philippines government to end all harassment and politically motivated criminal charges against human rights defenders, journalists and members of the opposition who seek accountability for human rights violations in the context of the “war on drugs.” Sen. De Lima’s continued imprisonment undermines both democracy and the rule of law in the Philippines.
The APHR Board.
Nov 9, 2020 | DFF, Statements
JAKARTA – Regional lawmakers welcomed the release of Malaysia’s former opposition leader Anwar Ibrahim today, expressing hope that the move signaled the new administration’s commitment to reform and to addressing human rights concerns.
ASEAN Parliamentarian Human Rights (APHR) urged other countries in Southeast Asia to follow Malaysia’s lead and end the persecution of opposition politicians and human rights defenders.
“We applaud the new government’s prompt action to expedite Anwar’s release, as well as the King’s decision to grant a full pardon. His release is a step in the right direction for human rights and democracy in Malaysia, as well as the ASEAN region as a whole,” said APHR Board Member Teddy Baguilat, a member of the House of Representatives of the Philippines.
Anwar Ibrahim was sentenced to five years in prison in February 2015 on politically motivated sodomy charges under Section 377 of the Malaysian Penal Code. His conviction came amid an intensified crackdown against human rights defenders and others critical of the former ruling government. APHR previously called for Anwar’s release and highlighted judicial harassment faced by individuals who criticized his conviction in 2015.
A full pardon issued on Wednesday by the Malaysian King, Sultan Muhammad V, has now reversed the 2015 conviction and will allow Anwar to return to politics. The decision came after a historic election win by the Pakatan Harapan coalition on 9 May, which resulted in immediate action by the new government to push for Anwar’s release and pardon.
“Anwar should never have been in jail to begin with. As a victim of unjust government persecution, his release brings in fresh hope for a better Malaysia that promotes good governance and the rule of law. We look forward to welcoming forthcoming developments that will further strengthen democracy and the realization of basic rights,” Baguilat said.
“Genuine reform requires the dismantling of repressive institutional structures and practices, including legislative changes and an end to the persecution of government critics. In addition to the release of Anwar, the new government should also consider reviewing other legal cases brought against critical voices, as well as a slew of draconian laws that were used to stifle dissent,” he added.
APHR expressed hope that Malaysia’s example would inspire its ASEAN neighbors to release their own imprisoned opposition politicians. In Cambodia, Kem Sokha, President of the Cambodia National Rescue Party, the country’s largest opposition party, which was dissolved by the government last year, has been in pre-trial detention since September 2017. In the Philippines, Senator Leila de Lima, a fierce critic of President Rodrigo Duterte’s “war on drugs,” has been in pre-trial detention since February 2017. Like Anwar, both have been targeted with trumped up charges designed to derail their political careers.
“We hope that the governments of Cambodia and the Philippines follow Malaysia’s lead and end the persecution and imprisonment of opposition politicians. Kem Sokha and Senator De Lima deserve to walk free today as well,“ Baguilat said.
“Anwar’s release is a reminder of the potential of governments to strengthen and uphold fundamental rights and the rule of law, if only those in power have the political will to do so. This move represents a long-awaited and much needed counter to the resurgence of authoritarianism in the region, but there is still much work to be done,” he concluded.
Nov 9, 2020 | DFF, Statements
JAKARTA – Parliamentarians from across Southeast Asia today reiterated their call for the immediate and unconditional release of Philippine Senator Leila de Lima, who, as of tomorrow, will have spent one year in detention awaiting trial on politically motivated charges.
ASEAN Parliamentarians for Human Rights (APHR) praised the Senator for her relentless pursuit of accountability and human rights and warned that her continued imprisonment represented a black mark on the Philippines’ international reputation.
“Senator de Lima’s unjust and politically motivated imprisonment continues to exemplify the grave threats to Philippine democracy that exist today, as well as the dire state of human rights in the country as a whole,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
“Her detention is a preposterous abuse of the criminal justice system, which only serves to undermine the rule of law in the Philippines. Senator de Lima is a prisoner of conscience and must be released immediately.”
Sen. de Lima was arrested on 24 February 2017, one week after being charged with three counts of drug trafficking. She has remained in detention since, awaiting trial. Her arrest came as she was in the midst of leading a Senate investigation into President Duterte’s brutal ‘war on drugs,’ which has seen thousands die at the hands of police and vigilantes since Duterte took office in June 2016.
“As one of the most vocal opponents of the Duterte administration’s deadly ‘war on drugs,’ it is clear that Senator de Lima’s detention is the result of her dogged defense of the rights of all Filipinos. The government is relying on repression and intimidation to silence and impede the efforts of those working to uncover abuses and promote accountability,” Santiago said.
Since being charged, proceedings against Sen. de Lima have been marked by significant delays, including those resulting from motions filed by the Department of Justice to amend her charge from drug trafficking to conspiracy to traffic drugs.
Restrictions have also been placed on visits to the Senator in jail. APHR members were blocked from visiting Sen. de Lima in September, despite having followed all proper protocols, and other foreign delegations have since faced similar hurdles. Such moves by the authorities have only strengthened the argument that she is a victim of political persecution, APHR said.
“Barring foreign delegations like ours from visiting Senator de Lima sends the message that the government has something to hide when it comes to her case. Moreover, if the authorities had a legitimate case against her, it would have gone to trial already,” Santiago said.
MPs noted that Sen. de Lima’s case also reflected broader regional trends that have seen fellow lawmakers in Cambodia, Malaysia, and elsewhere arrested and charged amidst an intensifying clampdown on opposition voices across Southeast Asia.
“Senator de Lima is one of a growing number of lawmakers in the ASEAN region, who have faced harassment and imprisonment for daring to challenge the powers that be. This represents an unacceptable threat to democracy region-wide and must be countered,” Santiago said.
Meanwhile, international concern over President Duterte’s drug war has continued to rise in the months since Sen. de Lima’s imprisonment. This month, the International Criminal Court (ICC) launched an initial inquiry into crimes against humanity allegedly committed by President Duterte, including extrajudicial executions dating back to 1988, when Duterte was the mayor of Davao City.
“If the government was trying to shut her up and avoid further international scrutiny by imprisoning Senator de Lima, their plan has backfired spectacularly. The move has only invited more questions about the administration’s atrocious human rights record,” Santiago concluded.
“As regional lawmakers, we stand in solidarity with Senator de Lima and all human rights defenders in the Philippines. We are in this fight together,” he added.
