MOTION FOR A RESOLUTION on the mass trials against opposition and civil society in Cambodia

9.3.2021 - (2021/2579(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Svenja Hahn, Malik Azmani, Dita Charanzová, Olivier Chastel, Klemen Grošelj, Bernard Guetta, Irena Joveva, Karin Karlsbro, Moritz Körner, Ilhan Kyuchyuk, Javier Nart, Dragoș Pîslaru, Frédérique Ries, Michal Šimečka, Nicolae Ştefănuță, Ramona Strugariu, Dragoş Tudorache, Hilde Vautmans
on behalf of the Renew Group

See also joint motion for a resolution RC-B9-0183/2021

B9‑0186/2021

European Parliament resolution on the mass trials against opposition and civil society in Cambodia

(2021/2579(RSP))

The European Parliament,

–  having regard to its previous resolutions on Cambodia, in particular those of 14 September 2017, 14 December 2017 and 12 September 2018,

–  having regard of the statements made by the Spokesperson of the EEAS on the mass trials conducted against opposition figures of 02 March 2021,

–  having regard of the Cambodian Criminal Code,

–  having regard to the 2008 EU Guidelines on Human Rights Defenders, 

–  having regard to the Universal Declaration of Human Rights of 10 December 1948,

–  having regard to the International Covenant on Civil and Political Rights of 1966,

–  having regard the partial withdrawal of Cambodia's duty-free quota-free access to the EU market under “Everything But Arms” (EBA) – the EU's trade arrangement for Least Developed Countries – as of 12 August 2020,

–  Having regard the Reports of Ms. Rhona Smith, Special Rapporteur on the situation of human rights in Cambodia appointed by the UN by the UN Human Rights Council, on the situation in Cambodia from 2019 and 2020,

–  having regard to Rules 144(5) and 132(4) of its Rules of Procedure,

 

1. whereas 26 November 2020, the Cambodian authorities started trials against over 113 members and supporters of the dissolved Cambodian National Rescue Party (CNRP); whereas these persons were alleged of attempting to organize a coup d’état to overthrow the government and treason;
2. whereas on 01 March 2021, the Phnom Penh Municipal Court has convicted the top nine leaders of the Cambodia National Rescue Party on the charges of “attempt to organize a coup d’état to overthrow the government” in relation to their attempted return to Cambodia on 9 November 2019;
3. whereas it is clear that the charges are linked to the former CNRP president, Sam Rainsy, who attempted to return to Cambodia in 2019; whereas Mr Sam Rainsy received the harshest sentence of 25 years imprisonment and his right to vote and stand for elections has been revoked; 
4. whereas Mu Sochua, Eng Chhay Eang, Ou Chanrith, Ho Vann, Long Ry, Men Sothavrin, Tiolung Saumura and Nuth Romduol received a verdict besides Sam Rainsy; whereas all defendants face a 20-25 years prison sentence;
5. whereas over 130 members of the CNRP have been kept in pre-trial detention in the past year and charged as accomplishes of the nine CNRP leaders.
6. whereas throughout the rushed mass trials conducted from November 2020 to February 2021, no reliable evidence was presented; whereas the defendants were not allowed to be present during the trials; whereas the public was largely excluded from the legal proceedings;
7. whereas the farce staged by the Phnom Penh Municipal Court violates the procedural and substantive requirements of a fair trial reflected in the Cambodian Criminal Code and Article 14(3)(d) of the International Covenant on Civil and Political Rights
8. whereas the respect for human rights in Cambodia has been deteriorating since the elections in 2018 which were neither free or fair; whereas in these elections Hun Sen and the Cambodian People’s Party (CPP) secured all 125 National Assembly seats after the CPP-controlled Supreme Court dissolved the main opposition party, the CNRP.
9. whereas the Cambodian authorities have announced that the next local elections will take place on 05 June 2022, while the key opposition party CNRP remains legally dissolved, its leaders convicted and banned from politics, while its supporters harassed, arrested and subjected to violence.

 

1. Calls on the Cambodian authorities for an immediate and unconditional release of, and annulment of, the sentences against Sam Rainsy,  Mu Sochua, Eng Chhay Eang, Ou Chanrith, Ho Vann, Long Ry, Men Sothavrin, Tiolung Saumura and Nuth Romduol;
2. Reiterates its call on the Government of Cambodia to end all forms of harassment, abuse and politically motivated criminal charges against members of the political opposition, human rights defenders and other civil society activists, environmentalists, students, and journalists, among others;
3. Calls on the Government of Cambodia to release, without delay, all persons who have been detained for exercising their human rights, and to drop all charges against them;
4. Is appalled by and condemns the escalating violations of human rights in Cambodia, including violence against peaceful protesters, the adoption of new repressive laws and the arrest of human rights defenders, journalists, opposition party activists, environmentalists, students, and ordinary citizens for peacefully expressing their opinions;
5. Calls on the Cambodian authorities to immediately cease other forms of harassment, including judicial harassment and intimidation of politicians in the country;
6. Strongly calls for the authorities of Cambodia to reject, denounce and annul the political sentences, including the processes against all political prisoners

 

7. Emphasises that the charges brought against the over 100 persons are politically motivated and aimed at eradicating any dissent;

 

8. Reiterates that the elections were neither free or fair and that the CPP should not be considered the legitimate ruling party of Cambodia;

 

9. Calls on the Cambodian Government to restore democracy, and ensure application of the law conforms with respecting human rights and fundamental freedoms, which include fully complying with the constitutional provisions on pluralism and freedom of association and expression;

 

10. Expresses serious concern of continuous governmental measures and harassment against independent media outlets and journalists that stifle their rights to freedom of expression, including their right to hold opinions and to receive and impart information and ideas without interference by public authority, and expresses alarm at the imprisonment of several journalists on trumped up charges for independent reporting;

 

11. Calls for immediate targeted sanctions by the international community with financial and asset freezes and travel bans for all those who are responsible for serious human rights violations and the abolishment of democracy in Cambodia;

 

12. Regrets that the Cambodian government failed to meet the conditions necessary to prevent the withdrawal of the Cambodia’s EBA preferences; Insists on further suspension of the EBA trade preferences beyond the 20% suspension which was introduced previously due to continuous violation of the binding international legal obligations by the Cambodian authorities;

 

13. Calls for the immediate cancellation of Phnom Penh, Cambodia as the venue of the ASEM Summit, now scheduled for October/November 2021, and for its organisation at an alternative venue where democracy and constitutionalism is respected;

 

14. Declares that the local elections in 2022 and the subsequent 2023 parliamentary elections will not be recognised as legal and legitimate without the credible participation of the opposition in free, fair and pluralistic conditions as guaranteed by the Cambodian Constitution and the international legal treaties;

 

15. Insists on the annulment of the ruling which dissolved the CNRP and calls on the reinstatement of this party;

 

16.  Reiterates the call on the Cambodian authorities by Ms Rhona Smith, the UN Special Rapporteur on the situation of human rights in Cambodia, to open up civic space, protect and promote fundamental freedoms, including the rights to assembly and of expression, and to ensure the right to a fair trial for all, as guaranteed by international human rights norms and standards and Cambodian laws;

 

17. Urges the EU Foreign Affairs Council to discuss the situation in Cambodia and adopt measures in line with this Resolution and the EU Magnitsky Act;
18. Calls on the EEAS and the Member States to take urgent action to lead the efforts at the forthcoming 48th session of the UN Human Rights Council towards the adoption of a strong resolution addressing the human rights situation in Cambodia, extending the mandate of the UN Special Rapporteur on human rights in Cambodia, and requesting the UN High Commissioner for Human Rights to monitor and report on the situation of human rights in Cambodia and outline actions the government should take to comply with its international human rights obligations;
19. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, the Secretary-General of ASEAN, the governments and parliaments of the Member States and the Government and National Assembly of Cambodia.