No return to Bandith country
We, the undersigned, congratulate the Court of Appeal for resurrecting
the case involving Chhouk Bandith – and for reinstating charges against him. This move followed the controversial decision
of Svay Rieng Provincial Court to drop all charges on 18 December 2012, allegedly
due to insufficient evidence.
However, we hereby call upon the Court of Appeal to reconsider its
decision on 4 March 2013 to transfer the case back to Svay Rieng Provincial
Court and urge it instead to transfer it to the Phnom Penh Municipal Court, on
the basis that the Svay Rieng Provincial Court has already shown that it has no
desire to prosecute such a powerful and well-connected individual.
We also call
for a thorough and transparent reinvestigation of the case, and for the
severity of the accusations and evidence against Chhouk Bandith to be reflected
in the charges against him. Chhouk
Bandith, former Governor of Bavet, Svay Rieng province, is the chief suspect in
the shooting of three unarmed female garment factory workers – left seriously
injured – who were protesting outside a factory owned by Kaoway Sports Limited
in Bavet on 20 February 2012.
He was
originally charged by Svay Rieng Provincial Court with “acts of unintentional injuries” under Article 236 of the Penal Code
2009, charges that have been maintained by the Court of Appeal in its recent
re-referral of the case to Svay Rieng Provincial Court. This offense covers injuries resulting from “imprudence, carelessness or negligence”,
which in no way reflects the nature of what is alleged by many eye witnesses to
have occurred, namely that Chhouk Bandith stepped out of his car and fired
indiscriminately at a group of protestors. Rather, his actions demonstrated a clear intention to
seriously injure, if not kill, those protesting. Such behavior ought to be treated with the severity that it
warrants – and met with a charge of attempted murder.
Conviction under
Article 236 of the Penal Code 2009 carries a sentence of between six days and
two years’ imprisonment, and a fine of between one and four million riel. In light of the gravity of the
accusations, even if Chhouk Bandith were to be sentenced to the maximum
penalty, it would still represent serious impunity. Indeed, this case is often held up as the embodiment of
impunity in Cambodia. The two
principal duties of a properly functional judiciary – one that respects the
rule of law, retains its independence from the executive, and resists political
interference and corruption – are to secure victims’ rights to justice and
redress by bringing criminals fully to account, and to prevent the recurrence
of crimes. This case is an ideal
opportunity for the Cambodian judiciary to re-establish some credibility, and
prove that it is in fact fit for purpose.
This case has been dragging on for too long, and the
three victims have suffered enough already. They have every right to expect more from the courts in
terms of justice and redress. But
it is not just about these victims.
If Chhouk Bandith is allowed to go free – or even if he serves two years
in jail – what message does that send both to the vulnerable and to the
powerful? The Court of Appeal
should send this case to the Phnom Penh Municipal Court for a full and thorough
investigation, with the proper charges brought. This is an opportunity for the courts to take a brave,
positive step and ensure that all Cambodians can have some faith in the
judiciary to deliver true justice.
The
Cambodian Center for Human Rights (CCHR)
The Cambodian Confederation of
Unions (CCU)
The Cambodian Labour
Confederation (CLC)
For more information, please contact:
CCHR Senior Consultant Robert Finch (tel: 
+855 (0) 7880 9960 or e-mail: robert.finch@
+855 (0) 7880 9960 or e-mail: robert.finch@
CCU President Rong Chhun (tel: +855 (0) 1293 0706 or e-mail: cita@online.com.kh)
+855 (0) 1293 0706 or e-mail: cita@online.com.kh)
CLC President Ath Thorn (tel: +855 (0) 1299 8906 or e-mail: thorn.clc@gmail.com)
+855 (0) 1299 8906 or e-mail: thorn.clc@gmail.com)
Please note that this Joint Statement is also attached in PDF format in both Khmer and English.
Kind regards,
CCHR, CCU and CLC
1 comment:
It's a charade , the case will bounce back and for and the
charge will be dropped after the July election . Vote for CPP !
Post a Comment