appeals

LICADHO Criticized Judgment of the Appeals Court Prosecuting Thach Saveth, Falsely Accused to Be a Murderer – Saturday, 21.2.2009

Norbert Klein Leave a comment

The Mirror, Vol. 13, No. 600

“Human rights officials in Cambodia and many citizens are distrusting the judicial system, which is not independent and does not fulfill its role properly following principles of law, where investigating judges and prosecutors at different provincial and municipal courts as well at higher courts (Appeals Court and Supreme Court) made judgments, based only on reports or on notes of answers received from the authorities.

“On 19 February 2009, the Cambodian League for the Promotion and Defense of Human Rights – LICADHO – strongly condemned the Appeals Court, saying that it did not have a proper legal basis to prosecute a parachute soldier and condemn him to serve 15 years in prison for allegedly killing a president of the Cambodian Free Trade Union of Workers of a factory in Phnom Penh, Mr. Ruos Sovannareth.

“LICADHO claimed that the accused, Thach Saveth, 26, a former parachute soldier, was arrested for shooting dead Mr. Ruos Sovannareth, the free trade union president of the Try Togea Komara Garment Factory, on 7 May 2004, and the accused was arrested on 24 July 2004.

“The accused, Thach Saveth, was condemned by the Phnom Penh Municipal Court to serve 15 years in prison on 15 February 2005, and the Appeals Court held a hearing on the appeal of the suspected murderer (Thach Saveth), upholding the Phnom Penh Municipal Court’s 15-year-prison-term on 19 February 2009.

“According to LICADHO’s statement of 19 February 2009, there was no concrete reason to believe that the accused Thach Saveth is the murderer, and most of the evidence was fabricated.

“That there was no known investigation by the judges of the Municipal Court who just depended on police reports; this motivated LICADHO to strongly regret the decision; at the same time, this judgment of the Appeals Court did not contribute to find real justice for the real murderer. LICADHO emphasized in its statement that the judgment of the Appeals Court on 19 February 2009 is a bad model of injustice, because the court lacked evidence to put against the accused to be the murderer in the shooting to kill Mr. Ruos Sovannareth; the court did not have investigative evidence, but just relied on reports of the authorities.

“LICADHO went on to say that those who witnessed the murder of Mr. Ruos Sovannareth were not allowed to become witnesses in the hearing, and they were not questioned by the investigating judges in this murder case.

“LICADHO added that one among the many witnesses appeared at the hearing of the Appeals Court last week, as suggested by the defense lawyer of the accused, but the court did not question any of such witnesses. The director of LICADHO, Dr. Pong Chhiv Kek [Dr. Kek Galabru], said, ‘We condemn the judgment of the Appeals Court in order to show that LICADHO does not support such injustice, and we very much regret and are sad, seeing that the court did not provide real justice to the victim, because after national and international human rights groups attentively observed this hearing, they found that there wasn’t any evidence presented to put the burden on the accused.’

“Ms. Pong Chhiv Kek continued to say that at the time when the murderer shot dead Mr. Chea Sovannareth, the person accused to be the murderer was in the Anlong Veng district in Oddar Meanchey. She hopes that the Supreme Court will offer real justice to the victim Ruos Sovannareth who was murdered, release Thach Saveth falsely acused to be a murderer, and order the authorities to arrest the real murderer to be prosecuted, like in the case where the Supreme Court provided justice to the falsely accused Born Samnang and Sok Sam Ouen to be murderers, by releasing them and by ordering the case to be reinvestigated.” Khmer Aphivaot Sethakech, Vol. 7, #347, 21-23.2.2009

Newspapers Appearing on the Newsstand:
Saturday, 21 February 2009

Deum Ampil, Vol.3, #121, 21.2.2009

  • Civil Society [the Cambodian Center for Human Rights and the Cambodian League for the Promotion and Defense of Human Rights] Voice Concern over the Weak Implementation of Law in the Judicial System in Cambodia
  • Vietnamese Minister of Defense [Phung Quang Thanh] Visits Cambodia Three Days
  • Private Tourist Sector Asks the Government to Find Ways to Facilitate the Traveling of Tourists to Cambodia

Kampuchea Thmey, Vol.8, #1879, 21.2.2009

  • The [Phnom Penh] Municipal Court Requests to Remove Sam Rainsy’s Immunity [it asked the National Assembly to remove parliamentarian immunity from the president of the opposition party, Mr. Sam Rainsy, regarding an accusation of a violation during the election campaign]

Kampuchea Thngai Nis, Vol.5, #400, 21-27.2.2009

  • Rural Development Bank Official [Dr. Sun Kunthor] Calls for the Improvements of Product Qualities

Khmer Aphivaot Sethakech, Vol. 7, #347, 21-23.2.2009

  • LICADHO Criticized Judgment of the Appeals Court Prosecuting Thach Saveth, Falsely Accused to Be a Murderer

Khmer Machas Srok, Vol.3, #349, 21.2.2009

  • [Royal Cambodian Armed Forces Commander-in-chief] Pol Saroeun Supports Hun Sen’s Plan to Remove Heng Samrin as the Honorary President of the Cambodian People’s Party [according to an article published by the Phnom Penh Post]

Koh Santepheap, Vol.42, #6584, 21-22.2.2009

  • Siamese [Thai] Military Commander Apologizes for Artillery Shells Which Landed in Khmer Territory, and Siam [Thailand] Promises that Such a Case Will Not Happen Again
  • [Minister of Tourism Thong Khon asks] France to Help Create Professional Schools for Tourism

Moneaksekar Khmer, Vol.16, #3693, 21-22.2.2009

  • The Khmer Rouge Tribunal Announced to Run Out of Money [at the end of February 2009] while Hearings of Former Tuol Sleng Prison Chief Are Not Yet Finished

Rasmei Kampuchea, Vol.17, #4827, 21.2.2009

  • The Extraordinary Chambers in the Courts of Cambodia Reject to Translate Full Court Documentation of [former Khmer Rouge leader] Mr. Khiev Samphan [into French, the language of his defense lawyer, though the court rules say that it is a trilingual court: Khmer, English, and French]
  • Labor Market of Construction Sector Drops by 50% [between 40,000 and 45,000 workers in total]; The Ministry of Land Management, Urban Planning, and Construction [Minister Im Chhun Lim] Said that It Is Not a Problem [he said that if they have no employment in the construction sector, there are fields and plantations and other work in agriculture]
  • Husband and Wife Were Rolled Over [by a truck] Leaving Their 8 or 9 Month Old Twin Sons [the driver of the truck escaped – Phnom Penh]
  • A German Man Died in the Ekareach Hotel in Sihanoukville [also known as the 7-Floors-Hotel, but national and international journalists are not allowed to enter the site, and the cause of the death is not yet known]

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