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CCHR Trial Monitoring & The promotion of Fair Trials Newsletter 5 - Juvenile Justice: Pre-trial detention and sentencing in the Cambodian justice system
A message from the President:
This International Children’s Day, the Cambodian Center for Human Rights (“CCHR”) would like to draw attention to the rights of juvenile accused to a fair trial. The rights and best interests of the child must be a primary consideration at all stages of the trial process. Sadly this is not the current state of affairs in Cambodia. I believe with a cooperative approach with government, working in partnership with donors, NGOs and private organizations, Cambodia can develop an effective juvenile justice process that ensures that young persons who break the law receive adequate support to become constructive members of society.
~Ou Virak President of CCHR
Inside: CCHR's findings on instances suggesting that despite legislative provisions for differentiated treatement of juveniles during the criminal justice process, there is a gap between the principles set out in domestic and international law and the application of law by the courts, particularly the case with regard to pre-trial detention and incarceration at sentencing.
Cambodian Center for Human Rights (“CCHR”) Findings
Figure 1 indicates that between January and June 2010, 96% of all juveniles tried were held in pre-trial detention and between July and December 2010, it was 87.5% of all juvenile tried.
Figure 2 sets out the data collected by CCHR in relation to the sentencing of juveniles between January 1 and December 31 2010. The chart shows that of the 94 trials monitored involving juveniles an acquittal was monitored in one trial, while in 61 trials the juvenile accused was incarcerated. In none of the trials involving juveniles monitored during this period was a non-custodial sentence utilized. Two cases were reinvestigated, while information about verdicts and sentencing were unavailable in 30 of the trials.
To subscribe the newsletter, please go to this link: http://cchrcambodia.org/
Please find attached a copy of this newsletter in Khmer and English.
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The Cambodian Center for Human Rights (CCHR) is a non-political, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia. For more information, please visit www.cchrcambodia.org.
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EVIDENCE OF POLITICALLY-MOTIVATED EXTRAJUDICIAL EXECUTIONS AND KILLINGS OF FUNCINPEC LOYALISTS.
LIST OF INSTANCES OF EXTRAJUDICIAL EXECUTIONS during 1997 coup by PM Hun Sen. These people with their name list below were murdered by PM Hun Sen.
• Ho Sok, 45, Secretary of State at the Ministry of Interior and second ranking FUNCINPEC official in the Ministry of Interior.
• 2-3. Gen Chao Sambath, alias Ngov, Deputy-Chief of the Intelligence and Espionage Department, RCAF Supreme Command since 1993
• 4 and 5. Maj. Gen. Ly Seng Hong, Deputy-Chief of Staff, RCAF General Staff (second highest-ranking FUNCINPEC official in the RCAF General
• 6. Colonel Sok Vireak, Chief, Transmission Bureau, Army General Staff. A former KPNLF General Staff officer in charge of military training who joined Nhek Bun Chhay after the Paris Agreements. Status
• 7. Colonel Thlang Chang Sovannarith, Deputy Chief-of-Staff of the Fifth Military Region, RCAF General Staff
• 8. Colonel Hov Sambath, Deputy-chief of Military Training Bureau, RCAF General Staff
• 9. Lietenant Colonel Sao Sophal, 42, an officer of the First Bureau of the RCAF General Staff.
• 10. Navy First Lt. Thach Soeung, aged about 30, an ethnic Khmer from southern Vietnam, stationed at Dang Kaum Navy base on the eastern bank of the Tonle Sap.
• 11 to 14. Seng Phally, Lt. Col. Chao Keang, Chao Tea and Thong Vickika - security officers working under Gen. Chao Sambath.
• Seng Phally, alias Huot Phally, aged 25, single, a gendarme who worked as chief of the security team at the Pipoplok 2 Hotel/Casino
• Lt. Col. Chao Keang, aged about 25. He was an officer in the Research and Intelligence Bureau of Chao Sambath
• Chao Tea, 29, brother of Chao Keang, a security guard at the Regal Hotel/Casino. His body bore a bullet hole in the left side of the chest and in the right side of the stomach. He was also handcuffed and blindfolded
• Thong Vicchika, aged about 27-28, a body-guard of Chao Sambath and a security staff at the Regal Hotel/Casino.
• Dr. Seng Kim Ly, a military medical doctor
• Major Lak Ki, Head of Operations, Research and Intelligence, RCAF High Command
• Four unnamed body-guards of Nhek Bun Chhay were summarily executed after his office-cum-house in Somnang
• Major Lak Ki, Head of Operations, Research and Intelligence, RCAF High Command
• Pheap, a body-guard of Major Lak Ki, in his late twenties
• Dok Rany, 27, an officer and body-guard of Gen. Chao Sambath who worked at the Research and Intelligence Bureau
• Ros Huon, aged 23, Sopheap, aged 25, two alleged members of the Gendarmerie
• Dok Sokhun, alias Michael Senior, a Khmer-Canadian journalist who taught English at ACE Language School in Phnom Penh
• Major Aek Eng (CPP), Head of Administration of Phnom Penh Thmei police station
• At least four, and possibly up to 22 persons described as FUNCINPEC soldiers executed and cremated in Pich Nil on 9, 10 and 11 July 1997 by Military Region 3 soldiers. Status: Confirmed executions in at least 4 cases
• 34 to 36 (and possibly 45). On 17 July, at about noon time, the body of a soldier was witnessed floating near the bank of the Tone Bassac near the Watt Chum Leap, in the village of the same name, Rokakpong commune, Saang district, Kandal province. The body was headless and both hands were tied up behind the back with a kramma. It was dressed in dark olive military uniform
• 37 and 38. Two unidentified men, blindfolded and with their hands tied behind the back. Status: Confirmed executions
• Pheap, aged 33, a bodyguard of the First Prime Minister. Status: Confirmed execution.
• Sok Vanthorn, 21 and Sou Sal, two villagers from Ampeov village, Kompong Speu province. Status: Confirmed execution.
• Brig. Gen. Chea Rittichutt, a founding member of the Moulinaka movement and the Governor of Kep-Bokor
• Navy officer Meas Sarou, Deputy-director, First Bureau, Navy, based in Chrouy Changvar, and one of his body-guards, and a third person, a woman named Luch.
• Ung Sim, Second Deputy Governor, Kompong Speu province - missing since his arrest, reportedly near Pich Nil by CPP soldiers on 7 or 8 July 1997.
• Col. Sam Sarath, Deputy Chief-of-Staff, Third Military Region
• Put Som Ang, male, aged 42, a KNP activisit in Siem Reap province, and Sam Sophan, 38, an activist in Takeo province
• Major So Lay Sak and Major Chin Vannak, officers working in the Logisitics department of the RCAF General Staff
• Som Taing, Deputy Chief, Inspection Office, Provincial Governor's Office, Kompong Speu
• Chum Sarith, Chief, Criminal Bureau, Provincial Police, Sihanoukville
Forty-six bodies were brought in and dumped at the crematorium of a Phnom Penh pagoda between 5 and 9 July
In the case of Ho Sok (executed on 7 July, brought to Watt Lanka on 8 July); of Seng Phally, Chao Keang, Chao Tea and Thong Viccheka (executed on 5-6 July and brought by the police to Wat Unalom on the morning of 7 July - see cases number 13-16 above) and in the case of a fifth corpse which was brought to the same pagoda on the same morning, but which could not be identified, the police ordered that cremation of the bodies be conducted without question and without proper cremation permit.
Between 9 and 11 July, according to a variety of reliable corroborating accounts, the bodies of 4 and probably up to 22 soldiers were alleged to have been executed in Pich Nil and burned
Plus many and many more names with lose count that order and executed by Hun Sen and CPP.
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