Phnom Penh, 12 September 2012 — The trial of Mam
Sonando, President of the Democrats Association and owner of Beehive
radio station (FM 105), began yesterday at Phnom Penh Municipal Court.
Mam Sonando faces charges related to a so-called “secessionist plot” in
Kratie province, including insurrection and incitement, which could
carry a sentence of up to 30 years imprisonment. Mam Sonando, who is 71,
voluntarily returned to Cambodia to defend himself. He has been
seriously ill while in pre-trial detention and was denied bail on two
occasions.
Mam Sonando has repeatedly denied any involvement with a land dispute
in Broma village, Kampong Domrey commune, Chhlong district, Kratie
province and with Bun Ratha, who is accused of leading the alleged
secessionist movement there. On 16 May 2012, 14-year old Heng Chentha
was killed by Cambodian armed forces during a clash with villagers
resisting their eviction. No investigation has been conducted into the
girl’s death, since the authorities claimed that the shooting was
“accidental.” Allegations that the villagers intended to create a
“self-governing area” lack supporting evidence and are verging on
nonsensical. They might be used to divert attention from the
authorities’ systematic use of excessive force against citizens
embroiled in land conflicts with rich, well-connected companies and
individuals.
Yesterday, Mam Sonando reiterated that he did not mastermind a
so-called “secessionist plot.” The weapons presented by the prosecution
as “evidence”—bows and arrows, sticks and other tools—are usually used
for hunting. They cannot match the strength of a military unit, let
alone sustain a long-term operation aiming at seceding from Cambodia. If
judges seriously claim that Mam Sonando and the villagers intended to
create their own state by using such light weapons, then they will have
to declare them criminally insane. Furthermore, four months after the
violent crackdown in Broma village, Cambodian authorities have failed to
present any evidence of Mam Sonando’s and others’ intent to create
their own state. Beyond the fact that intent is a constitutive element
of a crime under all of the world’s legal systems, secessionist leaders
usually claim responsibility for their actions and proclaim their intent
to secede; they do not deny it.
The first day of Mam Sonando’s trial witnessed an improvement in the
Cambodian judicial authorities’ observance of fair trial rights.
Numerous witnesses were called to testify (although the vast majority of
them were called by the prosecution); counsels were present in the
room; and diplomats and a few NGO representatives were allowed in the
courtroom. Conversely, on 24 May 2012, 13 women from the Boeung Kak
community were sentenced to prison terms after a two-hour trial during
which all of their basic fair trial rights were violated.
However, several rights of the defense have been ignored by the
judicial authorities. Long Lun, an Attorney at Law working with ADHOC,
represents eight of the accused, namely: Touch Roeun, Phorn Sroeurn and
Kan Sovan (who have been placed in pre-trial detention) and Hang Phal,
Heng Thoeurn, Mao Veasna, Phum Vannak and Saroeun Rom (who had been
released on bail). ADHOC noticed several irregularities with regard to
due process. Firstly, in breach of article 98 of the Code of Criminal
Procedure, several of the accused did not have access to a lawyer after
the expiration of a period of twenty-four hours from the beginning of
police custody. Secondly, Long Lun had full access to the case file only
on 7 September—two working days before the start of the trial. Article
145 of the Criminal Procedure Code stipulates that the investigating
judge shall summon the counsel for the accused at least five days before
the interrogation takes place, and grant him or her access to the case
file. This never happened. Lastly, in the next few days, Long Lun could
not freely communicate with his clients. Prison officials prevented them
from meeting with their counsel, in violation of article 149 of the
Criminal Procedure Code.
What is more, Cambodian citizens, NGO workers and international
observers were prevented from entering the Phnom Penh Municipal Court
yesterday. Doors were closed to journalists, except when a key
prosecution witness was questioned. Outside the court, police forces
completely closed Charles de Gaulle Boulevard and all adjacent streets,
demonstrating skills in crowd management that went virtually unnoticed
before.
The second day of the trial should allow the court to hear more
witnesses. ADHOC calls for more transparency and hopes that Cambodian
citizens, NGO workers and journalists will be able to enter the
courtroom to monitor one of the most high-profile trials held in
Cambodia in recent years.
For more information, please contact ADHOC’s Human Rights Monitoring Section:
Mr. Ny Chakrya, Head of Section: 011 274 959 (Khmer, English)
Mr. Nicolas Agostini, Technical Assistant: 078 405 024 (French, English)
Link to original Source here: http://adhoc-cambodia.org/?p=1981
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