CCHR Seeks an Investgation Into the Actions of Judge Thor Saron

Cambodian Center for Human Rights

PRESS RELEASE
Phnom Penh - 12 October 2009

THE CAMBODIAN CENTER FOR HUMAN RIGHTS WRITES TO HIS MAJESTY KING SIHAMOUNI, THE SUPREME COUNCIL OF MAGISTRACY AND THE SPECIAL RAPPORTEUR FOR HUMAN RIGHTS IN CAMBODIA SEEKING AN INVESTGATION INTO THE ACTIONS OF JUDGE THOR SARON

The Cambodia Center for Human Rights (CCHR) today has taken further action towards seeking the investigation of Ratanakkiri Provincial Court Deputy President Judge Thor Saron and his immediate removal from any cases relating to the DM Group Indigenous Land Grab pending the results of that investigation. To this end, the CCHR has written to His Majesty King Sihamouni, His Excellency Dith Munty – the Head of the Disciplinary Committee of the Supreme Council of Magistracy, and the Special Rapporteur for Human Rights in Cambodia – Professor Surya Subedi.

In our letter His Majesty King Sihamouni, the CCHR has outlined our concerns arising in relation to the actions of Judge Thor Saron throughout his investigation of the DM GroupIndigenous Land Grab case and has reiterated our 10 September 2009 request for an investigation into his actions. In our letter, the CCHR challenges the impartiality of Judge Thor Saron in his capacity as Investigating Judge in cases related to the DM Group Indigenous Land Grab – namely the cases of former Adhoc Ratanakkiri Provincial Coordinator Pen Bonnar, Radio Free Asia journalist Ratha Visal and CCHR President Ou Virak. On 16 September 2009, Judge Thor Saron was quoted in the Phnom Penh Post threatening legal charges of disinformation against Pen Bonnar and Ratha Visal as a result of a story published in the Cambodia Daily on 1 September 2009 alleging corruption on the part of the Judge. Article 556 of the Code of Criminal Procedure provides for the disqualification of a judge where there is a litigation pending between the judge and one of the parties to a case, accordingly Judge Thor Saron’s can no longer be viewed as impartial and competent to act as Investigating Judge in the case of Pen Bonnar and Ratha Visal. Moreover, this letter and the CCHR letter to His Majesty King Sihamouni of 10 September 2009 seeking an investigation into Judge Thor Saron are such that the Judge cannot be viewed as impartial in his dealings with Ou Virak. Ou Virak has committed no crimes, however Article 126 of the Code of Criminal Procedure vests an investigating judge with the authority to place individuals under judicial investigation even if that person is not mentioned in an introductory submission by the Prosecutor. In our letter to the His Majesty King Sihamouni therefore, the CCHR has sought the removal of Judge Thor Saron from the cases of Pen Bonnar, Ratha Visal and Ou Virak.

In our letter to His Excellency Dith Munty – the Head of the Disciplinary Committee of the Supreme Council of Magistracy – the CCHR has reiterated the concerns outlined above and contained in our letter to the King. Our letter to His Excellency Dith Munty repeats our call for an investigation into the actions of Judge Thor Saron and for his immediate removal from the cases relating to the DM Group Indigenous Land Grab pending the results of such an investigation.

Finally, in our letter to the Special Rapporteur for Human Rights in Cambodia – Professor Surya Subedi – the CCHR outlines the rights violations that have followed the DM Group Indigenous Land Grab which are demonstrative of violations in the four areas of utmost concern for human rights in Cambodia today; Land, Freedom of Expression, Human Rights Defenders and the Independence of the Judiciary. In our letter, the CCHR requests the Special Rapporteur to take the followings actions:

• a. To conduct an investigation into endemic land grabbing practices in Ratanakkiri Province;
• b. To call for a moratorium on land sales in Cambodia which affect indigenous people until the adoption of a sub-decree on collective ownership of collective lands;
• c. To call on all levels of RGC to respect, promote and ensure Freedom of Expression in Cambodia;
• d. To call on the RGC to pass long overdue legislation provided for judicial reform such as the Law on the Status of Judges and Prosecutors, the Law on the Organisation of the Courts and an act amending the Law on the Supreme Council of Magistracy;
• e. Call on the King of Cambodia and the Supreme Council of Magistracy to immediately investigate the unethical and illegal actions of Judge Thor Saron and to remove the Judge from any case arising from the DM Group Indigenous Land Grab pending the results of the investigation.

The CCHR opines that Judge Thor Saron has acted in dereliction of his constitutionally created obligation to protect the freedoms and rights of Cambodian citizens and to act with strict respect for the laws, wholeheartedly, and conscientiously. The CCHR opines that, in order for Cambodia to move towards the establishment of a impartial and independent judiciary, actions such as those of Judge Thor Saron throughout the DM Group Land Grab case cannot be tolerated. It is for these reasons that the CCHR seeks an investigation into the actions of Judge Thor Saron and his immediate removal from any cases relating to the DM Group Indigenous Land Grab pending the results of such an investigation.

For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org