Judiciary/Rule of Law
Statement | Trial of H.E. Cheam Channy, SRP Member of Parliament
8 August 2005
The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 local NGOs, closely followed the trial proceedings at the Military Court on August 8th, 2005 to try H.E. Cheam Channy, a member of parliament from the opposition party.
During the hearing, CHRAC observers noted that there was a lack of adequate evidence or credible testimonies to support the charges, of organized crime and committing fraud, against H. E. Cheam Channy by the prosecutor. CHRAC members observed many procedural violations, including the following:
Statement | Unjust Verdict Issued by Phnom Penh Municipal Court in Chea Vichea Case Against Born Samnang and Sok Sam Oeun
3 August 2005
The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGOs, is deeply concerned by the Phnom Penh Municipal Court's guilty verdict for Born Samnang and Sok Sam Oeun, accused of the murder of Chea Vichea, Free Trade Union leader and Sam Rainsy Party activist. They were each sentenced to 20 years in prison and ordered to pay $5,000 compensation each to the plaintiff.
CHRAC considers the verdict, returned on August 1, 2005 by Judge Kong Set, as unfair and based on political bias rather than on independent and reasonable judgment.
Statement | Influence of Political Party over Parliamentary Membership
29 July 2005
Civil Society Organizations are deeply concerned on the decline of the rights and function of Member of Parliament (MP) mainly the freedom of expression. Civil Society Organizations have noted that political Parties influence has been increased, mostly political leader over the MP in 1st legislation started from the parliamentary membership withdrawal of H.E.Mr. Sam Rainsy from FUNCINPEC 3 senators; H.E.Mr. Chhang Song, H.E.Mr. Phay Siphan and H.E.Mr. Pou Savath; of Cambodian People Party (CPP), and the recently attempt for parliamentary membership withdrawal of H.E.Mr. Khem Veasna from Sam Rainsy (SRP).
Statement | Position of the Coalition of Civil Society Organizations to the Senate Election Process
6 July 2005
The coalition of civil society organizations has noticed that the Senate and the National Assembly, who adopted the proposed law on election of members of the senate, plan to elect senators as a result of the votes of members of both the national assembly and commune council. The coalition of civil society organizations, however, strongly regrets that recommendations of the coalition, electoral stakeholders, and political parties are not included in the Senate Election Law.
Statement | End the Conflict in the Bar Association
5 July 2005
The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 NGOs, is strongly disappointed by the decision made on June 30 by the Phnom Penh Municipal Court's prosecutor to condemn Mr. Suon Visal and his colleagues for "counterfeiting a seal and letterhead."
CHRAC believes that the accusations made by the prosecutor run counter to legal principles because they lack criminal action; the new stamp was made with majority support of the Bar Council and Mr. Suon Visal had informed all relevant authorities about this new stamp. He therefore did not commit any crime.
Statement | Civil Society Calls On Government To Fulfill Its Agreement With UN And Contribute To Khmer Rouge Tribunal
3 June 2005
Civil society is deeply saddened to hear that the Government now claims it cannot contribute its $13.3 million share to the Khmer Rouge Tribunal (KRT) three-year budget. It declares that it can only give $1.5 million leaving a short fall of $11.8 million. It is interesting to note that the $4.4 million per year required from the Government to run the KRT amounts to only 0.5% of the Annual National budget of $792 million. This seems like a ridiculously small price to pay for the possible achievement of justice and reconciliation for victims of the Khmer Rouge regime and for Cambodia as a whole.
Statement | International Standards for the Extraordinary Chambers for Prosecution of Crimes Committed during the Period of Democratic Kampuchea
26 April 2005
We welcome the Royal Government of Cambodia and the International Community’s determination to ensure the fairness, credibility, independence and impartiality of the Extraordinary Chambers (EC). In order to achieve this, CHRAC and other members of civil society have made multiple requests on the above topics, yet many of our questions remain unanswered. The International Federation of Human Rights (FIDH), ADHOC and LICADHO held a meeting and discussed these issues with members of civil society on 2 - 3 March 2005 and again reiterated these requests in a press release on 15 April. CHRAC respectfully requests again today, as the second training course for judges and prosecutors begins, that the Royal Cambodian Government (RGC) and International Community (including the United Nations), kindly respond to the concerns of civil society.
Article | Thirtieth anniversary of the genocide in Cambodia
18 April 2005
On the occasion of the thirtieth anniversary of the genocide in Cambodia, on 17 April 2005, FIDH and its two member organisations in Cambodia, ADHOC and LICADHO, make public recommendations concerning the Khmer Rouge Tribunal and the International Criminal Court.
The Cambodian people want the perpetrators of international crimes committed in their country between 1975 and 1979 to be tried. The Cambodian people have a right to truth and justice. The question is whether the KRT will be able to meet those expectations.
Statement | Appeal Court Verdict in Controversial Poipet Land Case Results in Death, Injuries
28 March 2005
The Cambodian Human Rights Actions Committee (CHRAC), a collation of 18 human rights NGOs, strongly condemns the means of enforcement of the Banteay Mean Chey Provincial Appeals Court’s decision in a controversial Poipet land case. Enforcement lead to violence against villagers that resulted in six deaths. As well, six others are seriously injured three, 3 people have disappeared, and 29 people were arrested and released the same day.
Article | Appeal court verdict in controversial Poipet land case results in death, injuries
23 March 2005
The Cambodian Human Rights Actions Committee (CHRAC), a collation of 18 human rights NGOs, strongly condemns the means of enforcement of the Banteay Mean Chey Provincial Appeals Court’s decision in a controversial Poipet land case. Enforcement lead to violence against villagers that resulted in six deaths. As well, six others are seriously injured, three people have disappeared, and 29 people were arrested and released the same day.
Article | National Assembly strips parliamentary immunity from three opposition party members
10 February 2005
On February 3rd, the National Assembly stripped parliamentary immunity from three Sam Rainsy Party (SRP) Members of Parliament: Sam Rainsy, Chea Poch, and Cheam Channy. Rainsy and Poch fled the country, while Channy was arrested later that day by military police. He is currently being held in solitary confinement at Toul Sleng military prison. The arrest and detention are in breach of article 11 of the UNTAC law, which states that the military court only has jurisdiction over members of the military.
Statement | New Serious Attack Against Opposition Leaders
10 February 2005
The International Federation for Human Rights (FIDH) and its member organisations in Cambodia, ADHOC and LICADHO, express their deepest concern at the recent crackdown on main opposition leaders in Cambodia.
On February 3, the National Assembly of Cambodia lifted the parliamentary immunity of three MPs belonging to Sam Rainsy Party (SRP), the main opposition party, thereby allowing criminal suits against them.
Statement | The Concern Over Parliamentarian Arresting
7 February 2005
Civil Society Coalitions including COMFREL, CHRAC, YCC, NICFEC, Star Kampuchea, NGO Forum on Cambodia, and others such as CSD, CCHR, Open Forum of Cambodia, CLEC and Advocacy and Policy Program of Pact Cambodia strongly concern on the safety and the violation of parliamentary rights of H.E Cheam Channy regarding the arrest by the Military Court on Feb 04.
We note that the arrest is not based on a specific legal procedures and sufficient element of crime, the prosecutor immediately issued an order of arrest the MP just a few hours after his immunity was suspended. On the other hand, the case is not flagrante delicto that the arrest is instantly needed to be done.
Statement | Excessive Pre-Trial Detention Must Be Addressed
3 February 2005
LICADHO has found that roughly a third of Cambodia's prisoners are pre-trial detainees, of whom some are incarcerated months or years beyond the statutory limit of six months. Due to challenges to the judicial system, as well as problems with completing investigations within the pre-trial detention period, pre-trial detainees often remain incarcerated months and even years beyond the statutory limit. According to statistics gathered by LICADHO in the 18 prisons it monitors, the number of persons held in pre-trial detention beyond the statutory limit varies however, it has been as high as 225 (September, 2001) and as low as 70 (November, 2003).
Article | LICADHO, international NGOs and UN agencies petition Cambodian and Thai kings to act on behalf of two Cambodian sisters sentenced to death in Thailand
29 November 2004
On April 3, 2001 Montha Kuan (age 27) and Sai Kuan (35, mother of four children under the age of 18) were sentenced to death on drug charges in Thai courts. Despite concerns over the conduct of the arrest and prosecution, the appeals process for the Cambodian sisters has now been exhausted.
Presentation | Presentation on LICADHO's Structure and Activities
1 November 2004
Presentation providing an overview of the background, structure and activities of the Cambodian League for the Defense and Promotion of Human Rights (LICADHO). Includes information on human rights problems in Cambodia and the responses to these problems by each of LICADHO's six program offices.
Briefing | Rule of Law in Cambodia 2004
1 October 2004
This briefing paper proposes several recommendations which are required to strengthen respect for the rule of law in Cambodia. It examines key issues which must be addressed to allow the development of a healthy legal system promoting liberal democracy and human rights. Among the issues identified are: the reform of existing institutions, establishment of new commissions and legislative packages, amendments to the constitution and effective codes of conduct for officials.
Article | Military police officer in Sihanoukville convicted of rape and robbery, sentenced to 15 years
16 September 2004
On Monday 13 September, Sihanoukville Provincial Court ruled that Military Police Officer Khun Torn was guilty of raping and robbing a Canadian tourist at gun point.
Statement | Full investigation needed into adoption corruption & abuses
5 August 2004
LICADHO urges the government to fully investigate alleged crimes - including payments of thousands of dollars to Cambodian government employees - connected to the adoptions of Cambodian children to the United States.
Document | Speech on Rule of law in Cambodia
1 August 2004
Resume of a speech done by Dr. Kek Galabru, president of LICADHO, on august 11, 2004 about required reforms in Cambodia to promote democracy, human rights and rule of law.