SRP Members of Parliament demand severe sanctions against corrupt officials involved in WB fraud

June 7, 2006

SRP DEMANDS SEVERE SANCTIONS AGAINST CORRUPT OFFICIALS
INVOLVED IN FRAUD RELATED TO WORLD BANK LOANS

Pending the adoption by the National Assembly of a long-awaited law against corruption, the Sam Rainsy Party demands that government officials and businessmen involved in the recently revealed corruption scandal related to World Bank loans be punished according to the UNTAC Criminal Law adopted in 1992 and still in force in Cambodia.

According to Article 38 of the Law, government officials guilty of corruption "shall be subject to a punishment of three to seven years in prison". And according to Article 58, businessmen guilty of bribery "shall be liable to a punishment of one to three years in prison".

In close cooperation with the World Bank and the National Assembly, the government must conduct an urgent and serious investigation into the multimillion-dollar irregularities and push for the legal punishment of all those involved in corruption and bribery, regardless of their positions. There is no excuse to wait for the hypothetical adoption of a new anti-corruption law. The government must show seriousness in its commitment to fighting corruption and putting an end to impunity. This is the only way to bring about rule of law and good governance, and eventually to effectively reduce poverty.

Yim Sovann, Chair of the National Assembly Anti-Corruption Committee, has written to Prime Minister Hun Sen and the World Bank requiring that

1. Concerned ministers come to the National Assembly to answer questions from Members of Parliament;
2. A meeting be held between the government, the World Bank and the National Assembly Anti-Corruption Committee in order to closely examine the case and to devise corrective and preventive measures to fight corruption in the utilization of international assistance.

SRP Members of Parliament

EXCERPTS FROM « PROVISIONS RELATING TO THE JUDICIARY AND CRIMINAL LAW AND PROCEDURE APPLICABLE IN CAMBODIA DURING THE TRANSITIONAL PERIOD - Decision of September 10, 1992 »

Article 38: Corruption

1. Without prejudice to possible disciplinary action, any civil servant, military personnel or official agent of any of the four Cambodian parties to the Paris Agreement, or any political official who, while performing official duties or tasks related to such duties, solicits or attempts to solicit or who receives or attempts to receive property, a service, money, staff, a professional position, a document, an authorization or any benefit in exchange for any one of these same elements is guilty of the felony of extortion and shall be subject to a punishment of three to seven years in prison.
2. The court may remove the convicted person from elective office and may also prohibit him or her, after serving the sentence, from standing for election or from holding any position in the public administration for a period of two years.
3. The penalty for this felony shall also include a fine of double the sum of money or value of the property extorted.

Article 58: Bribery

Any person who corrupts or attempts to corrupt any elected official, civil servant, military personnel, or official agent of any of the four Cambodian parties to the Paris Agreement or of any registered political party who, while performing official duties or tasks related to such duties, by promising property, service, money, staff, professional position, document, authorization or any benefit whatsoever in exchange for any one of these same benefits is guilty of bribery and shall be liable to a punishment of one to three years in prison.

Full text at http://tinyurl.com/fdm48