The Mirror, Vol. 12, No. 575
“Nephews of Prime Minister Hun Sen have caused four people to die in traffic accidents during the third term government that will come to an end next month. Relatives of innocent people who died because of Mr. Hun Sen’s nephews mostly were paid US$4,000 in order to save the perpetrators from being convicted.
“Early 2004, a nephew of Mr. Hun Sen was involved in a traffic accident near a fence at the Olympic Stadium where he was with his group of children of the rich, causing four innocent people to die, because of a brutal gun fire. In that event, a nephew of the Prime Minister who holds the surname Hun and his group drove a car and hit people, but none was injured. After chatting with each other for a moment, a heavy shootout with firearms started; it was the gunfire from the faction of Mr. Hun Sen’s nephew which hit a seller of Lout Chha – a fried rice and coconut seller – resulting in the death of four people, and then the perpetrators and their group paid US$4,000 to the families of each victim.
“Also, a nephew of Prime Minister Hun Sen, Hun Chea, drove a car and hit a person, killing him, in Phnom Penh last week, and the perpetrator paid US$4,000 compensation, like in the killing of four people in 2004.
“However, causing a person to die this time agitates people from the legal profession as well as a well-known newspaper of the United States. Furthermore, officials of the government said that a person who causes the death of another person like this will not be able to avoid a conviction according to the law.
“A lawyer, an official of the Ministry of Public Works and Transport, reported to The Cambodia Daily that drivers involved in accidents that result in the death of a persons cannot legally escape from a conviction of a crime by paying a compensation to the family of the dead victim.
“However, Mr. Khieu Kanharith, the Minister of Information and the government spokesperson, seemed to protect the perpetrator, Mr. Hun Sen’s nephew, in a press conference on Sunday.
“It is reported that Mr. Hun Chea, Mr. Hun Sen’s nephew, had paid a compensation of US$4,000 to the family of the victim who rode on his small motorcycle and died through the accident, but there is no legal action taken. Mr. Khieu Kanharith said that doing so [paying a compensation to the victim’s family] is legal in Cambodia.
“Lawyer Kea Eav, also an expert in traffic law, and Mr. Ung Chun Hour, the director of the Transportation Department of the Ministry of Public Work, said that anyone who causes an accidents that leads to the death of another person, cannot legally avoid a criminal investigation and prosecution towards finding solutions according to the criminal code. They recognized, however, that this law is frequently not practiced. Mr. Kea Eav criticized the speech of Minister Khieu Kanharith as a misunderstanding, as it is against the law that the authorities would let such cases to be solved on the basis of compensation payments. He added, ‘Accidents which result in the death of another person are a crime that cannot be solved through compensation. A compensation payment cannot stop criminal proceedings.’
“Mr. Ung Chun Hour, a co-drafter of the new traffic law, said that frequently, the authorities violate this law to solve problems through compensation payments outside of the judicial system. He continued to say, ‘They are wrong, if they do not use the judicial system, though frequently also the victims’ families want to avoid to use legal procedures which take very long before a solutions is achieved.’
“Mr. Jeffrey M. Kahan, a legal and development advisor of the Cambodian Defenders Project, said that there is not one clause in the legislative procedure code which allows a compensation payment to stop a clearly criminal procedure.
“The traffic law states, ‘Anyone who causes an accident which leads to an unintentional killing will be convicted to serve from one to three years in prison, and will be charged with between Riel 2 million [approx. US$490] and Riel 6 million [approx. US$1,480]. This clause does not talk about compensation.’
“Mr. Joel Brinkley, a well-known writer, whose article was published in the Modesto Bee in California/USA, wrote an article on 22 August 2008 with the title ‘The world leader in corruption is – Cambodia.’ This article pointed to an accident caused by a nephew of Prime Minister Hun Sen, killing an innocent person, but the perpetrator was able to avoid to be caught in the net of the law. This article in the Modesto Bee makes officials of the government feel uneasy, as the Minister of Information tried to explained things in a press conference on Sunday.
“As a matter of fact, during the third term government, Mr. Hun Sen’s nephews caused the death of five people, and this does not include such different cases as that Oknha Hun To hit Mr. Nuon Vuthy, a Sam Rainsy Party parliamentarian, a few days ahead of the election, at the Prek Kdam Ferry Dock.” Khmer Machas Srok, Vol.2, #231, 28.8.2008
Newspapers Appearing on the Newsstand:
Thursday, 28 August 2008
Kampuchea Thmey, Vol.7, #1731, 28.8.2008
- Siam [Thailand] Announces Cancellation of Negotiation [on removal of all troops from the Preah Vihear Temple] Scheduled to Be Held in Siem Reap on 29 August [due to the crisis in Thailand, reports Kampuchea Thmey – but a Thai Foreign Ministry statement denied that the cancellation is related to the Bangkok demonstrations]
- Siamese [Thai] Criminal Court Prepares to Issue Arrest Warrants for the Leaders of the Demonstrations
- Election Observation Supplies Worth More Than US$180,000 Transferred by European Community to 17 Cambodian Non Governmental Organizations
- Number One [condom plus brand] Lubricant Is Surprisingly Used [by women factory workers] to Cure Pimples [Sihanoukville]
Khmer Machas Srok, Vol.2, #231, 28.8.2008
- Nephews of Khmer Prime Minister Cause Five People to Die during Third Term Royal Government
Khmer Sthapana, Vol.1, #84, 28.8.2008
- Cambodia and Thailand Will Cooperate to Promote Tourism at the Preah Vihear Temple Area [according to The Nation of Thailand]
Koh Santepheap, Vol.41, #6435, 28.8.2008
- Traffic Accidents in Cambodia: More Than Four People Die Each Day; in 2007, More Than 1,000 People Died and More Than 7,000 Were Injured
Moneaksekar Khmer, Vol.15, #3550, 28.8.2008
- US Federal Bureau of Investigation Prepares to Investigate the Murder of a Moneaksekar Khmer Journalist
Rasmei Kampuchea, Vol.16, #4679, 28.8.2008
- Cambodia, Vietnam, and Laos Sign Border Agreements
Samleng Yuvachun Khmer, Vol.15, #3395, 28.8.2008
- Siem Reap Governor [Sou Phirin] Allows Businesspeople to Cut 60 Hectares of Flooded Forest Where Fish Lay Eggs
- Boeng Kak Lake Residents Worried and Concerned While the Company Tests Soil Pumping [from the Mekong to the Lake] for the First Time [Phnom Penh]
Click here to have a look at the last editorial – some fundamental challenges into the future
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