The Cambodian League for the Promotion and Defense of Human Rights (LICADHO) is appalled by the weak prison sentence given today by the Phnom Penh Municipal Court to Royal Cambodian Armed Forces (RCAF) colonel Chhor Dara. Arrested for attempted murder, the court’s ruling in effect allows Chhor Dara to walk free from jail.

On the night of March 14th, 2007, the victim Chem Sopheap accompanied Pen Roathet, Chhor Dara’s estranged wife, to a restaurant with a group of friends including one man. The next day, a jealous Chhor Dara attacked Chem Sopheap, accusing her of bringing his wife to see another man. He beat her and allegedly fired a gunshot which grazed her head during the attack. Military police arrested Chhor Dara on a charge of attempted murder, and he was jailed pending trial. The charge was later changed by the court to physical assault.

At trial today, judge Chan Ma Dyna convicted Chhor Dara of physical assault and sentenced him to one year in prison, but suspended all of the sentence except for 3 months and 13 days in prison - which he has already served in pre-trial detention, so he is now eligible for release.

The judge cited unspecified health problems suffered by Chhor Dara as a reason for the suspended sentence.

The court was told that, before the incident, Chhor Dara and his wife had filed for a divorce but this has not been finalized. Chhor Dara became angry at Chem Sopheap because he believed she was complicit in his wife meeting another man.

Chem Sopheap told the court that Chhor Dara called her to his house, pointed a gun at her, slapped and kicked her, forced her head against the floor and fired a gunshot which grazed her head. A medical report presented to the court stated that Chem Sopheap had four injuries, three to her head and one to a leg, and a military police report stated that two bullet marks were found in the floor of the house.

Chhor Dara denied to the court that he shot at Sopheap or even pointed a gun at her. He told the court he only slapped her once with his hand, but he couldn’t remember whether he was carrying his pistol at the time.

Chhor Dara acknowledged that later, when he went outside of the house with Chem Sopheap, he was carrying a pistol. The court heard testimony from multiple witnesses who saw Chem Sopheap being marched along a road by Chhor Dara, who was carrying a gun.

The judge, in her verdict delivered 15 minutes after the end of the trial, ruled that Chhor Dara had only slapped Chem Sopheap one time and did not shoot at her. When he slapped her, she fell down onto a chair or table, and this explained her multiple injuries, the judge said.

October 8, 2007 - LICADHO deplores the weak sentence given to Chhor Dara, and urges the prosecutor to appeal the verdict. For the safety of the victim and others involved in this case, LICADHO believes the court should order Chhor Dara to be continue to be detained, according to the law, until the Court of Appeal has heard the case.

Furthermore, LICADHO renews its call to the Cambodian Royal Government to fight against the impunity enjoyed by high-ranking state officials and for the court to prosecute these people independently and according to the law.

According to information collected by LICADHO, Chhor Dara has a history of violence, allegedly including:

- In 2001, a waitress in Heng Roatha restaurant was seriously beaten by Chhor Dara, who
at the time was Military Police Deputy Commander of Kandal province. The victim was
given money not to file a court complaint. Days later, Chhor Dara was removed from his
position and sent to work at the Ministry of Defense;

- In 2004, a woman working in a Karaoke center was beaten with a microphone by Chhor
Dara.

In none of these cases did a prosecution occur.

Chhor Dara is reportedly the brother-in-law of RCAF Deputy Commander in Chief and Army Commander Mea Sophea.

PDF: Download full statement in English - Download full statement in Khmer