Basil Fernando

The Cambodian Court of Appeals has overturned a Sihanoukville Municipal Court order and granted bail to two human rights campaigners from LICADHO (Cambodian League for Promotion of Human Rights). The two had been in detention for nearly a month for helping in protests against toxic industrial waste dumping in the area. The Court of Appeals ruled that the detention was illegal and unnecessary. Bails were granted as the detainees had fixed residences and LICADHO had undertaken to provide surety in their cases. A third detainee, a market vendor, who refused to testify against the two human rights workers, was also released on bail.

The arrests were related to protests over the toxic waste dumping in Sihanoukville in early December 1998 by a Taiwanese company. The news of the waste dumping spread as one person died in the area. Residents of the city and nearby began to flee the area. A spontaneous protest movement took place, demanding government immediate action. The protest, which led to some damages, showed the intensity of the people’s anger for being victimised in the incident. The demonstrations also aroused international protests against the dumping scandal. The Cambodian government accused some officials of conniving with the foreign company and demanded that the company clear the waste.

The LICADHO workers were in fact helping in formulating a peaceful petition to obtain redress for the dumping. Two LICADHO workers were, however, arrested by the authorities. It is widely believed that the arrests were political and intended to intimidate the protesters as well as to send a warning to the community of Cambodian human rights and non-governmental organisations (NGOs). The two arrested were accused of inciting people to violence, although there was no evidence to support the allegation. The accused denied the charges.

Other Cambodian human rights activists and NGOs initiated a massive protest to call for the release of the two activists. The campaign received strong popular support.

Before ordering bail, the Court of Appeals carefully listened to the arguments of the detainees’ lawyers, Mr. Chea Dara and Mrs. Chinda Sean, and the prosecutor, who did not object to the defence’s reasoning. After questioning the lawyers the court retired for deliberations. It later gave its order in writing. The court order was received with solemn applause. The court proceedings, which were conducted in a very orderly manner, showed the maturity of the emerging legal profession and the assertiveness of the higher judiciary. It was not long ago that three appeal court judges were suspended for overturning a similar decision.

The Cambodian NGOs will keep on lobbying for support so that a just court settlement of the case for the two accused can be obtained. Meanwhile, action against the toxic waste continues.