The Human Rights Action Committee (CHRAC), a coalition of 18 local NGOs, is deeply concerned by today's forced and violent repatriation of 100 Montagnards in Cambodia to Vietnam. The CHRAC condemns the deportation including the extensive use of electric batons which was used against the Montagnards by Cambodian police while loading them onto buses to begin the deportation from a center in Phnom Penh. This was despite the fact that the Montagnards did not act violently, but only tried to passively resist being taken away.

CHRAC observers noted that police took measures, including a road block, to prevent journalists and human rights workers from observing the police action. This likely served to encourage the use of violence by the authorities.

CHRAC believes there should be no forced returns of Montagnards to Vietnam and that any repatriations of Montagnards from Cambodia should only be conducted if they are truly voluntary. This morning's repatriations, which involved police dragging crying Montagnards to the buses, were clearly not voluntary. Cambodia is obliged under the UN Convention Against Torture not to expel or return any person to another state "where there are substantial grounds for believing that he would be danger of being subjected to torture". This morning's repatriations included persons who have previously been tortured in Vietnam, and may well be in danger of similar abuse upon their return to Vietnam. Human Rights Watch has documented numerous cases of abuse and torture against Montagnard individuals who have been deported or have voluntarily returned to Vietnam from Cambodia.

At this time, there are no meaningful guarantees of independent monitoring of returnees and their families in Vietnam, to determine whether they have suffered torture or other abuses after their return. To date, Vietnam has allowed only extremely limited visits by UNHCR to returnees in the Central Highlands (and UNHCR has not been able to conduct confidential interviews with them) and has not permitted access to other organizations. The lack of credible monitoring increases the danger that returnees such as today's will be abused upon their return.

The CHRAC also notes with concern the reported statement by the director of Jesuit Refugee Service in The Cambodia Daily, published today, that in her opinion some of those forcibly returned to Vietnam today had "fair claims" for refugee status. Given that all of today's returnees have been refused refugee status by UNHCR, this raises questions about whether their claims were fully and properly assessed.

The CHRAC calls for the Cambodian government to suspend plans for any further forced repatriations of Montagnard asylum seekers to Vietnam. In addition, the CHRAC urges UNHCR to urgently seek full and unfettered access to all Montagnards who have been forcibly or voluntarily returned to Vietnam from Cambodia, to ensure that they are not subjected to ill-treatment.

Finally, the CHRAC urges the Cambodian government to continue to grant shelter to newly-arrived asylum seekers from Vietnam, and to ensure their safety and that they are given the opportunity to have their claims for refugee status properly assessed by UNHCR.

For more information, please contact:
▪ Mr. Sok Sam Oeun Chairperson of CHRAC, and Executive Director of CDP, Tel: 012 901 199
▪ Ms. Nay Dina Executive Director of KID, Tel: 011 924 286
▪ Mr. Yung Kim Eng President of KYA, Tel: 016 828 211
▪ Mr. Ny Chakriya Head of Monitoring Unit-ADHOC, Tel: 012 920 730
▪ Mr. Ung Bunthan Consultant to LICADHO Tel: 012 955 415

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