Phnom Penh, 30 October 2013 – The Cambodian Human Rights and Development Association (ADHOC) urges the Appeal Court respect rule of law ahead of Mr. Chhouk Bandith’s appeal at 2pm on 31 October 2013. The former Bavet City Governor was sentenced in abstentia in June of this year for firing into a crowd of demonstrating garment factory workers in February 2012. Mr. Bandith was found guilty of causing “unintentional violence” and sentenced to 18 months in jail. He was also ordered to pay 38 million riel to three people injured in the shooting. The sentence handed down to Mr. Bandith was widely condemned as too light and has thus far proved meaningless as he has yet to spend any time behind bars.
The Appeal Court must order the authorities to find Mr. Bandith and put an end to this farce. He has used his wealth and power to run rings around Cambodia’s justice system and he must be brought to account if the judiciary is to maintain any semblance of its already severely undermined credibility. Moreover, if the Appeal Court wants to strengthen justice in Cambodia it will go further than detaining Mr. Bandith and impose a stronger sentence that more appropriately fits the seriousness of his crime.
Mr. Bandith has benefitted from the incompetence of Cambodia’s judiciary, particularly the Svay Rieng Provincial Court which repeatedly showed its lack of independence and willingness to grant Mr. Bandith special favors; he was not detained during any part of the case brought against him. This is in stark contrast to the treatment of innocent human rights defenders – such as Boeung Kak Lake activist Mrs. Yorm Bopha – who are routinely arrested and detained on charges that have little basis in fact.
The Case against Chhouk Bandith
On 20 February 2012, three female garment workers – Keo Ny, 19; Boun Chenda, 21; and Nuth Sokhorn, 23 – were shot and injured at a protest outside the Kaoway Sports Limited factory in Svay Rieng SEZ. The factory makes shoes for Puma, the German sportswear giant. Workers were striking for better conditions when Mr. Bandith, then Bavet City Governor, stepped out of his car and fired into the crowd.
Mr. Bandith was removed from his post after he reportedly confessed to the shooting at the Provincial Court on 15 March 2012. However, he walked free from the court on that day and has never been detained. He was later charged with causing “unintentional violence”, which is laughable under the circumstances: numerous witnesses put him at the scene and saw him opening fire on the demonstrators.
On 19 December 2012, the Provincial Court decided to drop all charges against Mr. Bandith, despite the seriousness of the crime, his previous confession, and numerous witnesses to the original incident. Instead, the court charged Sar Chantha, a lower-ranking police officer, with the triple shooting. It was later revealed that the Ministry of Justice had instigated a report by the Ministry of Interior on the alleged involvement of Sar Chantha in the shooting. According to witnesses, however, when the shooting happened Mr. Chantha was hundreds of meters away.
In a welcome development, Mr. Bandith was called to appear before the Court of Appeal in Phnom Penh at the request of Ouk Savuth, the Prosecutor General, to decide whether criminal charges should be brought against him. The hearing, which began on 27 February 2013, lasted three days and was closed to the public. In the afternoon of 4 March 2013, where neither Mr. Bandith nor his lawyer was present at the ruling, the Court of Appeal ordered the Svay Rieng Provincial Court to reinvestigate the case against Mr. Bandith.
Mr. Bandith was not present during his trial in Svay Rieng – which concluded on 21 June 2013 – and was absent for his sentencing on 25 June 2013. It is hard to claim that his sentence was just when it was so light. He remains at an unknown location having not yet served any time in prison.
Conclusion
Impunity cannot continue in Cambodia if it is to maintain its constitutional duty to respect rule of law. Mr. Bandith has made a mockery of the courts and every minute he remains at large is another blow to Cambodia’s claims to an independent judiciary. The Appeal Court must demonstrate the judiciary’s independence and order the authorities to find and detain Mr. Bandith immediately and impose a stricter sentence on him for his wanton disregard for the life of demonstrators exercising their legitimate right to freedom of assembly. The rich and powerful cannot be allowed to escape justice no more than the innocent, such as Mrs. Yorm Bopha, should be left to languish in jail.
For more information, please contact:
Mr. Ny Chakrya, Head of Human Rights and Legal Aid Section: 011 274 959
Mr. Nay Vanda, Deputy Head of Human Rights and Legal Aid Section: 012599106
Mr. Neil Loughlin, Technical Assistant: 092 648 318; loughlin.adhoc@gmail.com
