WRITTEN QUESTION E-3624/02

by Olivier Dupuis (NI) to the Commission

(16 December 2002)

Subject: Thailand: forced return of Mr Sok Yuen to Cambodia

Mr Sok Yuen was arrested on 24 December 1999 following a complaint by a Thai politician, who alleged that Thailand was harbouring a Cambodian terrorist. Two months previously he had been forced to make a confession, which was filmed. Initially he was sentenced to six months in prison for entering the country illegally and was held in prison after his sentence ended on 26 June 2000, pending the result of an extradition request from Cambodia. This request was made in a legal context which does not allow the extradition of people accused of political crimes. The Cambodian authorities then accused Mr Sok Yuen, who is a member of a major opposition party, the Sam Rainsy Party (SRP), of being responsible for a missile attack in 1998 against the Cambodian Prime Minister, according to the Prime Minister Hun Sen himself. This accusation is very widely considered to be without foundation. The Thailand Criminal Court thus decided to send Mr Sok Yuen, a refugee and a prisoner of conscience, back to Cambodia, where he risks an unfair trial, years of imprisonment and other human rights violations. The United Nations High Commission for Refugees (UNHCR) in Thailand granted Mr Sok Yuen refugee status and offered him the chance of moving to a third country. Having received refugee status, Mr Sok Yuen has been recognised as having a well-founded fear of being persecuted for reasons of race, religion, nationality, or political opinion. The decision to extradite Mr Sok Yuen amounts to forced repatriation, which is a violation of the principle of non-refoulement under Article 33(1) of the 1951 Convention on the Status of Refugees. This article states that a refugee may not be expelled or returned in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. Although Thailand has not ratified the 1951 Convention, it has the status of an ordinary law and is applicable in all States, particularly with regard to the principle of non-refoulement.

What information does the Commission have on the case of Mr Sok Yuen? How does the Commission intend to help him avoid extradition and obtain his immediate and unconditional release? What action does the Commission intend to take to encourage the Cambodian authorities to put an end to persecution of democratic opposition members and ensure full respect for the liberty and fundamental rights of all Cambodian citizens?

Answer given by Mr Patten on behalf of the Commission

(10 January 2003)

The Commission is well aware of the background of Mr Sok Yoeun's case. The Commission is naturally concerned by the deterioration of Mr Yoeun's health while in prison and is aware of recent interventions by European representatives with the Thai and Cambodian governments requesting that Mr Yoeun be allowed to rejoin his family in Finland.

Mr Sok Yoeun has appealed against the extradition sentence and the Honourable Member will understand that the Commission cannot interfere in a judicial process ongoing in a sovereign state. The Commission is following developments in the case and is in close contact with government authorities, with the United Nations High Commission for Refugees (UNHCR), and the representatives of the Member States in Thailand and in Cambodia. The Commission believes that there are reasonable prospects that a positive solution, based on humanitarian considerations, can be found on this matter.

The Commission, together with the Member States, closely monitors the political and human rights situation in Cambodia. The Union has undertaken several démarches recently to express its concern about the situation of human rights to the Royal Government of Cambodia.

The Community is supporting non-governmental organisations (NGO) initiatives aimed at protecting and promoting human rights in Cambodia through the European Initiative for Human Rights and Democracy. Furthermore, the National Indicative Programme for Cambodia 2002-2004 provides for funding of EUR 10 million for a good governance programme which will be established shortly.