Wednesday, March 27, 2013

Denial of Release Pending Appeal Highlights Political Interference in the Cambodian Court System


March 27, 2013 - LICADHO, Sahmakum Teang Tnaut (STT), Equitable Cambodia (EC), and Community Legal Education Centre (CLEC) express their deep disappointment at the Supreme Court’s failure to release Boeung Kak land rights activist Yorm Bopha on bail. Bopha’s request was heard this morning by the Supreme Court, while some 100 community activists from Boeung Kak and other communities under threat of eviction rallied outside. Bopha’s young son and her husband Lous Sakorn were also among the crowd. 

Although the hearing itself finished at around 9am, the crowd waited until almost midday in sweltering heat for the ruling. The Supreme Court then denied bail, citing the seriousness of Bopha’s conviction and the lack of evidence of health problems.

The Supreme Court’s ruling comes as no surprise. Just over a week before Bopha’s appearance at the Court, Prime Minister Hun Sen publicly stated in a televised speech that her case had nothing to do with land issues and that she instead had acted “violently and unjustly in the eyes of the government”. In a judicial system renowned for its political obedience, it's impossible to see the Prime Minister's comment as harmless.

Bopha has now spent 204 days in jail since her initial detention in early September 2012. On December 27, 2012, she was sentenced to three years’ imprisonment on the trumped up charge of intentional violence with aggravating circumstances following a trial in which no incriminating evidence was provided against Bopha.

“Bopha is not the one to have acted unjustly here,” said Eang Vuthy, Representative of Equitable Cambodia. “Back at the Municipal Court in December 2012, no testimony was presented in support of her guilt. Not a single witness, whether from the prosecution or the defence, at any point stated Bopha had engaged in violent actions. The victims’ witnesses provided inconsistent and doubtful testimonies, while the defense witnesses’ testimonies were convincible but simply ignored.”

“The procedural and substantive flaws in Bopha’s original trial were so dramatic, so blatant, that it’s impossible to conclude that this conviction isn’t politically motivated,” said LICADHO Director Naly Pilorge. “How else do you explain a conviction for ‘intentional violence’ against a person who never laid a finger on anyone?” 

Following reports of the ruling, the crowd outside expressed their anger by burning a scale of justice replica, before marching to the Royal Palace to call for the Cambodian King to intervene in the case. 

“Releasing Bopha on bail would have been the right thing to do,” said Ee Sarom, Programme Coordinator at STT. “She’s the mother of a young child and the wife of a man who, following a recent beating by the police, is now unable to work. More than anything however, all the evidence points to that she is innocent and that her continued imprisonment is a form of legal persecution due to her land rights activism.”

The denial of bail for Bopha comes just a week before her fellow Boeung Kak community activist Tep Vanny is due to be honored by US Vice President Joe Biden and former US Secretary of State Hillary Clinton in Washington, DC. She is one of five honorees to receive the 2013 Global Leadership Award conferred by the organization Vital Voice. Vanny will take the stage on April 2 together with other human rights luminaries including Pakistan’s Malala Yousafsai and Brazil’s Sandra Gomes Melo. 

LICADHO, Sahmakum Teang Tnaut, Equitable Cambodia, and Community Legal Education Centre call on the judiciary to set the date for Yorm Bopha’s hearing at the Appeal Court, and an end to political interference in this case, and more generally the court system.

For more information, please contact:
• Ee Sarom, Programmes Coordinator at Sahmakum Teang Tnaut, +855 12 836 533 
• Am Sam Ath, Technical Supervisor at LICADHO, +855 12 327 770 
• Eang Vuthy, Representative of Equitable Cambodia, +855 12 791 700 
• Moeun Tola, Head of Labour Program at CLEC, +855 66 777 056

Thursday, March 14, 2013

Statement A Good Day for Mam Sonando; A Bad Day for Rule of Law in Cambodia


Statement
A Good Day for Mam Sonando; A Bad Day for Rule of Law in Cambodia


Phnom Penh, 14 March 2013 – Cambodian Human Rights Action Committee (CHRAC), a coalition of 21 NGOs members, is pleased that the Court of Appeal today ruled to release Mam Sonando, KanSovann and Touch Ream; however, CHRAC cannot welcome this decision as they remain convicted on a number of spurious charges, which should have been dropped altogether.

Mam Sonando– the owner of independent Beehive Radio station and President of the Association of Democrats – was sentenced to 20 years in prison in on 01 October 2012, in relation to a so-called secessionist movement in Broma village, Kratie province. No credible evidence was ever produced to support the politically motivated charges against him. Mam Sonando should have been acquitted at the Appeal Court today; instead it upheld three of the original charges – articles 28, 504 and 609 of the Penal Code – and added another qualification – article 97(6) of the Forestry Law – in a move that raises serious concerns with regard to rule of law and rights of the defense.

CHRAC strongly supports Mam Sonando’s commitment to democracy and human rights. His decision to confront the charges against him demonstrated the failings of the Cambodian judicial system as it became evident they were baseless. A full investigation should be launched into his arrest, investigation and detention so lessons can be learned and the judiciary strengthened.

The ruling of the Phnom Penh Municipal Court to sentence Mam Sonando to 20 years in prison in October 2012 raises serious questions into the competence and independence of those judicial authorities which erroneously convicted him of crimes it is clear he did not commit. Mam Sonando was arrested shortly after a speech was made by Prime Minister Hun Sen calling for his detention. The Cambodian courts have repeatedly shown themselves to be pliant to the will of the government, contrary to the separation of powers enshrined under article 51 of the Cambodian constitution.

CHRAC again calls on the judicial authorities to launch an independent investigation into the events that took place in Kratie province last year, in particular the forced eviction of Broma village residents, land grabbing by the concessionaire company, Casotim, and the killing a 14 year old girl, Heng Chantha.
                                                                                                      
The case against Mam Sonando, Touch Ream and Kan Sovann was political theatre. All charges against them must be dropped since Cambodia is earnest in its commitment to the rule of law.

For more information, please contact:

Mr. Sok Sam Oeun              Chairman of CHRAC and Executive Director of
Cambodian Defenders Project (CDP)                                             Tel: 012 901 199
Mr. Ny Chakriya                 Head of Monitoring section of ADHOC                                         Tel: 011 274 959
Mr. Mak Chamroeun         President of Khmer Youth Association (KYA)                              Tel: 097 444 5777
Mr. Run Saray                     Executive Director of Legal Aid of Cambodia (LAC)                  Tel: 012 838 341
Mr. Yong Kim Eng              President of People Center for Development and Peace (PDP)  Tel: 016 828 211
___________________________
Cambodian Human Rights Action Committee (CHRAC)
Address: # 9E0, St. 330, Sangkat Boeung Keng Kong III,
Khan. Chamcar Morn, Phnom Penh, Cambodia
Tel/Fax: (855) 23 218 759, Tel: (855) 23 301 415, 305 609
E-mail:
chrac@forum.org.kh or chracsecretariat@yahoo.com
Web: http://www.chrac.org

Monday, March 11, 2013

Presentation on Scientific Research and Publication




សូមគោរពសមាជិកសមាជិការក្រុមទាំងអស់ជាទីរាប់អាន

ក្រុមពិចារណាពិស្តាផ្នែកគតិយុត្តមានសេចក្តីរីករាយសូមជម្រាបជូនដំណឹងដល់លោក លោកស្រី អ្នកកញ្ញា​ដែល​ជា​សមាជិកសមា​ជិការ ទាំងអស់ឲ្យបានជ្រាបថា ក្រុមរបស់យើង នឹងមាន រៀបចំវេទិកា​ពិភាក្សា​និស្សិតដែល​បានបញ្ចប់ការសិក្សា ដែលនឹងប្រព្រឹត្តទៅ នៅថ្ងៃអាទិត្យ ទី៣១ ខែមីនា ឆ្នាំ២០១៣ ពីម៉ោង៨:៣០នាទីដល់​ម៉ោង​១២:០០គត់។ យើងនឹង អញ្ចើញលោក សម រ៉ានី សព្វថ្ងៃកំពុង​បន្តការ​សិក្សាថ្នាក់បណ្ឌិត ផ្នែក គោល​នយោបាយ​អប់រំជាន់ខ្ពស់ នៅសាកលវិទ្យាល័យ Universiti Sains ប្រទេសម៉ាឡេស៊ី និងជា​ប្រធាន​​ក្រុមអ្នក​សម្រប​សម្រួល​​នៃក្រុមពិចារណាពិស្តាផ្នែកគតិយុត្ត ដើម្បីធ្វើបទបង្ហាញស្តីពី “វិទ្យាសាស្រ្តនៃស្រាវជ្រាវ និងការ​បោះពុម្ព​អត្ថបទ និងការចែករំលែកបទ ពិសោធន៍ អំពី ភាពជោគជ័យ នៃការទទួលបានអាហារូបករណ៍ និងបរិយាកាសនៃ​ការ​សិក្សានៅបរទេស”។

គោលបំណងសំខាន់នៃវេទិការនេះគឺដើម្បីឲ្យមានការស្គាល់គ្នារវាងសាមាជិកក្នុងក្រុម និង អ្នកសម្រសម្រួល​ក្រុមផងដែរ។ ប្រសិនបើ​លោក លោកស្រី អ្នកនាងកញ្ញាចាប់អារម្មណ៌ក្នុងការចូលរួមក្នុងកម្មវិធីនេះ សូមមេត្តាជូន​ព័តមានមកយើងខ្ញុំ តាមរយៈអ៊ីម៉ែល criticallegalthinking@gmail.com
 

​​​​​                  ទីកន្លែងសិក្ខាសាលាប្រព្រឹត្តទៅនៅអង្គការ យុវសន្តិភាព ដែលមាន​អសយដ្ឋានផ្ទះលេខ ៤​--------- និង​ ៦ ផ្លូវ ៥១៣ សង្កាត់​ បឹងកក់១ ខណ្ឌទួលគោក ភ្នំពេញ។ អ្នកអាចមើលរកទីតាំងនេះតាមរយៈគេហទំព័រ https://www.facebook.com/pages/YouthForPeace-in-Cambodia/145082485581215 ឬ http://yfpcambodia.org/

​                              ការចូលរួមដោយមិនមានបង់ប្រាក់ឡើយ។

លោកសម រ៉ានី បានបញ្ចប់ថ្នាក់អនុបណ្ឌិត និងបរិញ្ញាបត្រច្បាប់ពីសាកលវិទ្យាល័យច្បាប់។ និងជាអតីត​ប្រធាន​វិទ្យាស្ថាន​ភាសាបរទេស និងជាព្រឹទ្ធបុរសមហាវិទ្យាល័យសង្គមវិទ្យា និងការអភិវឌ្ឍនៃសាកល​វិទ្យាល័យ​បាត់ដំបង។ អ្នកចូលមើលប្រវត្តិរូបតាមរយៈ http://www.samrany.com/2011/11/my-personal-curriculum-vite.html
Dear beloved group members,

The Critical Legal Thinking Group has a great pleasure to inform all of you that we will organize a Graduate Student Discussion Forum on Sunday, March 31, 2013 at 8:30 am. We will invite Mr. Sam Rany, who is currently pursuing his PhD in Higher Education Policies in the University of Science Malaysia (USM) and a chairman of moderators, to do a presentation on Scientific Research and Publication and to share experiences about the successful scholarship application process and learning environment at abroad.

The main purpose of this forum is to know each other among the members of the group and  moderators as well.  If you are interesting this event, please kindly inform us via email address at criticallegalthinking@gmail.com

Brief Background of Sam Rany
Education:

PhD candidate in Higher Education Policies at the University of Science, Malaysia (USM)
Bachelor and Master’s Degree of Law at the Royal University of Law and Economics (RULE)
Working experiences:

He is former director of the Foreign Languages Institute and shortly dean of the Sociology and Community Development Faculty at the Battambang University.

It's free admission. 

The venue: at Youth For Peace ##4-6G, St. 513, Sangkat Beung Kok1, Khan Tuol Kok, Phnom Penh, Kingdom of Cambodia
Thank you,


The Video that police implemented court's judgment
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This is another one
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This is destruction against people house
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The lady cried during the police destroyed her house
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 Law Journal of Cambodia(LJC) is a non-political and independent team who volunteer working for disseminating laws and information regarding development and human rights situation in Cambodia. All comment or idea of LJC cannot be claimed in front of court and other purpose. LJC just provide ways for people to understand the context of law and other issues. LJC wants people to understand the law and live in peaceful means. If you need inquiry, please drop your e-mail to cambodianlawjournal@gmail.com. Facebook: http://www.facebook.com/law.cambodia If you want to join with group to discuss law please link here: http://www.facebook.com/groups/405507152815204/ Welcome all comments on this blog ព្រឹតិ្តបត្រច្បាប់កម្ពុជា (ព ច ក)គឺជាក្រុមឯករាជ្យ និងមិនមែនជាបក្សនយោបាយ ទេ ជាក្រុមស្ម័គ្រចិត្តដែល ធ្វើការ​ សម្រាប់ធ្វើ ការផ្សព្វផ្សាយអំពីច្បាប់ និងព័តមាន ដែលទាក់ទងនឹងការអភិវឌ្ឍ និងស្ថានភាព សិទ្ធិមនុស្សនៅកម្ពុជា។ រាល់មតិ យោបល់នៅក្នុងព្រឹត្តនេះមិនអាចយកទៅធើ្វជាអំណះ អំណាង ចំពោះមុខ តុលាការ រឺក្នុងគោលបំណងអ្វីផ្សេងទៀតឡើយ។ ព​ ច ក​ គ្រាន់ផ្តល់ នូ​វ​ចំណេះដឹងច្បាប់ និងចំណេះដឹងផ្សេងៗទៀតដល់ប្រជាពលរដ្ឌប៉ុណ្ណោះ។ ប្រសិនលោក អ្នកចង់ដឹងព័តមានបន្ថែមអំពី ព ច ក សូមផ្ញើអីម៉ែលមកយើងខ្ញុំ។​ យើងខ្ញុំសូមស្វាគមន៌រាល់មតិលំអដល់ ព ច ក៕