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:

1- This case should not be under the jurisdiction of the military court because, as pointed out by the prosecutor, H.E. Cheam Channy is not a member of the military;

2- During the trial, the defense counsel was not allowed to question all the witnesses of the prosecution, violating Article 24 of the Criminal Law during the Transitional Period and the judge's promise to permit such questioning;

3- The judge did not allow any testimonies from witnesses of the defense, even though H.E. Cheam Channy's lawyer had requested at an earlier stage for his witnesses to be included;

4- There was no credible evidence proving that H.E Cheam Channy had committed these crimes;

5- The judge and prosecutor permitted the court clerk to read statements from witnesses who were either absent or deceased, even though the defense had no opportunity to cross examine them. This is a violation of the rights of the defendant.

CHRAC concludes that there was inadequate evidence to try H.E. Cheam Channy. CHRAC acknowledges it is the judge’s right to sentence or not sentence the accused, but CHRAC strongly calls for the judge to base his decision exclusively on information given during the trial, and not to consider any additional information obtained after the trial.

For more information, please contact:
▪ Mr. Sok Sam Oeun Chairman of CHRAC and CDP Tel: 012 901 199
▪ Dr. Kek Galabru President of LICADHO Tel: 012 803 174
▪ Mr. Thun Saray President of ADHOC Tel: 016 880 509

PDF: Download full statement