On March 11, 2004 at 10:00 Morning, the Phnom Penh municipal court opened a trial to try Sam Doeun and his partner Nhim Sophea, who committed intentional killings on October 27,2003. The public had awaited this hearing so that the court seeks the justice for the two victims killed and 3 others wounded.

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 17 local NGOs, welcomes the court opening the hearing to try Nhim Sophea.

According to information collected by the CHRAC, Sam Doeun was accused of murder and using illegal weapon and he was sentenced to 10 years in prison as stated in article 4 of the Aggravating Criminal Law and article 54 of the UN Transitional Criminal Law (UNTAC penal Law). Nhim Sophea was sentenced to 3 years, of which he was imprisoned for one and half year and another one and half year-suspension, with additional 5 year-probation.

According to CHRAC's observation, this hearing was not public, which violates article 128 of the Cambodian Criminal Procedure, states that" Investigation at a time of hearing shall be done in public otherwise it will be considered nullified-" and article 129 states that " But the hearing may be done in secret when it is in danger affecting the public order and the tradition-". However, the court should add more security forces if they knew that the trial might cause danger.

Referring to the above two articles, CHRAC believes that the court should not open the trial in the criminal case in secret. Such hearing shows that the Cambodian court doesn't respect the principle, which said that everybody is equal before the law as mentioned in the Cambodian Constitution. Another way, the journalists and human rights groups were not allowed to enter and listen to the hearing, which violates the right to access to information in public.

CHRAC appeal to all levels of the courts to ensure transparency, respect the equality of the law and freedom to access to public information so that the people trust the Cambodian Judicial system. The competent authorities should seriously ensure the safety of the courts' staff.

For more information, please contact:
▪ Dr. Kek Galabru, Chairperson of CHRAC, Tel: 012 802 506
▪ Mr. Thun Saray, President of ADHOC, Tel: 016 880 509
▪ Mr. Sok Sam Oeun, Executive Director of CDP, Chairperson of CHRAC Sub-Committee on Legislation, Tel: 012 901 199

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