Recent detention of Mr. Kem Sokha, MP, President of The Cambodia National Rescue Party (CNRP)

PGA wishes to express its deep concern regarding the current situation in Cambodia. In particular, PGA is troubled by the legality surrounding the exact circumstances in which Mr. Kem Sokha, President of The Cambodia National Rescue Party (CNRP) has recently been stripped of his parliamentary immunity and summarily detained. Pending a full, fair and impartial judicial inquiry regarding compliance of this abrupt stripping of parliamentary immunity with the Constitution of Cambodia and Cambodian national law, PGA calls for the immediate release of Mr. Sokha MP.

PGA recalls that, as a State Party to the International Covenant on Civil and Political Rights (ICCPR) which it ratified on 26th May 1992, the Government of Cambodia, pursuant to Article 9 thereof, is expressly obliged to refrain from actions constituting arbitrary arrest and detention and also requires any deprivation of liberty to be according to law as well as allowing those deprived of their liberty to challenge their imprisonment through the courts. The ICCPR also specifically requires anyone arrested to be promptly informed of the charges against them, and to be brought promptly before a Judge, specifically restricting the usage of pre-trial detention, requiring it to be imposed only in exceptional circumstances and for as short a period of time as possible. PGA would like also to recall that the ICCPR recognizes and protects a right to justice and a fair trial.

Civil Society Organizations and Media

PGA further takes this opportunity to register its equal concern at recent actions taken by the Government of Cambodia suppressing the existence of certain civil society organizations in Cambodia as well as seriously interfering with the operations of long-established, reputable media outlets.

The right to Freedom of Expression is also guaranteed under Cambodian law. Article 41 of the Constitution of Cambodia states that all citizens shall have Freedom of Expression. Article 31 states that Cambodia shall recognize and respect the Universal Declaration of Human Rights and the covenants and conventions related to human rights, which includes the International Covenant on Civil and Political Rights. Furthermore, the ICCPR is directly incorporated into Cambodian domestic law by virtue of being ratified by Cambodia in 1992, with such incorporation confirmed by a decision of the Constitutional Council dated 10 July 2007, which stated that international conventions that Cambodia has recognized form part of Cambodian law. Article 19 of each of the UDHR and the ICCPR provide for the right to Freedom of Expression of everyone. In addition, Article 35 of the Constitution provides that all Khmer citizens shall have the right to participate actively in the political life of the nation.

PGA supports the rights of opposition parties and candidates and the important role of civil society in contributing to a healthy democracy, in line with all relevant international treaties and norms and calls on the Government of Cambodia to fully respect these standards, including also ensuring the holding of free and fair national elections in 2018.