MOTION FOR A RESOLUTION on the mass trials against the 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

Ryszard Antoni Legutko, Raffaele Fitto, Anna Fotyga, Karol Karski, Ryszard Czarnecki, Witold Jan Waszczykowski, Elżbieta Kruk, Jadwiga Wiśniewska, Assita Kanko, Veronika Vrecionová, Angel Dzhambazki, Adam Bielan, Bogdan Rzońca, Eugen Jurzyca, Elżbieta Rafalska, Joanna Kopcińska, Alexandr Vondra, Valdemar Tomaševski, Emmanouil Fragkos,
on behalf of the ECR Group

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

B9‑0188/2021

–  European Parliament resolution on  having regard to its previous resolutions on Cambodia, in particular its resolution of 13 September 2018 on Cambodia, notably the case of Kem Sokha, its resolution of 14 December 2017 on Cambodia: notably the dissolution of CNRP Party and its resolution of 14 September 2017 on Cambodia, notably the case of Kem Sokha,

 

–  having regard to the Statement by the EEAS Spokesperson on the mass trials conducted against opposition figures in Cambodia of 2 March 2021,

 

–  having regard to the 1997 Cooperation Agreement between the European Community and the Kingdom of Cambodia,

 

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

 

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

 

–  having regard to Rule 144 of its Rules of Procedure,

 

1. Whereas on 1 March 2021 the Phnom Penh Municipal Court sentenced in absentia nine leaders of the Cambodian opposition in exile (Sam Rainsy, Mu Sochua and Eng Chhay Eang, Tioulong Saumura, Men Sothavrin, Ou Chanrith, Ho Vann, Long Ry, and Nuth Romduol) to 20 to 25 years in prison; whereas they have also been deprived of their political rights to vote and stand in elections and face total combined fines of 1.8 billion riel;

 

2. Whereas the nine were charged with “attempt to commit felony” and “attack” under articles 27 and 451 of Cambodia’s penal code, following unfounded allegations that they attempted to stage a coup by announcing their plans to return to Cambodia on 9 November 2019;

 

3. Whereas the accused were not allowed to return to Cambodia to defend their cases in court; whereas reportedly the court provided local NGO’s  monitoring the trial with inaccurate information about the date of the verdict hearing;

 

4. Whereas since 26 November 2020 the Phnom Penh Municipal Court opened a mass trial against at least 130 opponents and government critics, almost all affiliated to the banned Cambodia National Rescue Party (CNRP), on charges of “treason” and “incitement” that stem from the failed return of CNRP party leader Sam Rainsy in November 2019, which resulted in the arrests of dozens of opposition supporters in the preceding months; whereas the court continued the mass trial hearings January and March 2021;

 

5. Whereas the authorities have continued to delay the trial of the CNRP leader Kem Sokha, who has faced unsubstantiated, politically motivated treason charges since September 2017;

 

6. Whereas on 12 February 2020, the European Commission decided to withdraw part of the tariff preferences granted to Cambodia under the European Union's Everything But Arms' (EBA) trade scheme due to the serious and systematic violations of the human rights principles enshrined in the International Covenant on Civil and Political Rights, a decision that took effect as of 12 August 2020;

 

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1. Expresses it deep concern at the recent verdict against the nine opposition leaders in Cambodia and the ongoing mass trials in the country;

 

2. Calls on the Cambodian authorities to overturn the convictions of the nine opposition leaders that were based on politically-motivated charges and restore their political rights; calls on to immediately and unconditionally release all those imprisoned on politically motivated grounds and drop all politically motivated charges against them;

 

3. Condemns the fact that the accused opposition leaders were not allowed to return to Cambodia to defend their cases, what appears to be a violation of due process rights, and is in violation of international human rights law; stresses that all Cambodians, regardless of their political affiliation, should be guaranteed the right to a fair trial, in accordance with the International Covenant on Civil and Political Rights and the rights enshrined in Cambodia’s Constitution;

 

4. Emphasizes that a credible democratic process requires an environment in which political parties, civil society and the media are able to carry out their legitimate roles without fear, threats or arbitrary restrictions; calls on the Cambodian authorities to take action to restore political freedoms in the country, to re-establish the necessary conditions for a credible, democratic opposition and to initiate a process of national reconciliation through genuine and inclusive dialogue;

 

5. Calls on the Cambodian Government to work towards strengthening democracy and the rule of law and to respect human rights and fundamental freedoms, which includes fully complying with the constitutional provisions on pluralism and freedom of association and expression;

 

6. Calls on the EEAS to closely monitor the situation in Cambodia and to attend the trials against the political opposition and their affiliates;

 

7. Calls on the EEAS and the Commission to compile a list of individuals responsible for the crackdown on the political opposition and other serious human rights violations in Cambodia with a view to imposing possible visa restrictions and asset freezes on them;

 

8. Welcomes the decision of the European Commission of 12 February 2020 to withdraw part of the tariff preferences granted to Cambodia under the European Union's Everything But Arms' (EBA) trade scheme;

 

9. Instructs its President to forward this resolution to the Council, the European External Action Service, the Commission, the governments and parliaments of the Member States and of the ASEAN countries and to the Government and National Assembly of the Kingdom of Cambodia.

 

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