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

Human Rights Activist Pen Bonnar chased from Ratanakkiri with court action threat: Justice-à-la-Hun Xen?

In Court Deal, Investigator Leaves Province

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
06 August 2009

A prominent human rights investigator has been pulled from Ratanakkiri province after he came under investigation from the provincial court for incitement, officials said Thursday.

In a deal with the court, Pen Bunnar, an investigator for the respected rights monitor Adhoc, will be transferred to another province, Adhoc officials said.

Pen Bunnar had worked in Ratanakkiri, which suffers a high rate of land-grabs and other abuses, for the past five years.

He was charged with incitement of violence when he attempted to coordinate the assembly of 121 families in a dispute over 200 hectares of land with the DM Group, Ltd., in Lumphat district.

Chan Saveth, chief of Adhoc’s monitoring unit, said Pen Bunnar will be moved to Svay Rieng province and will be replaced by another investigator, Sam Arin, who will move over from Mondolkiri province.

Chan Saveth said Adhoc wished to “reduce the conflict” between his group and the provincial authorities “because the conflict benefits neither side.”

“To protect people’s interests, Adhco had to soften its stance to join and cooperate with the provincial authority in the direction of developing human rights,” he said.

Ratanakkiri judge Thor Saron said the court had advised an umbrella group of rights organizations, “particularly Adhoc,” to move Pen Bunnar “to solve the penal charge.”

“If Pen Bunnar has no duty in the territory of Rattanakiri province, it is easy to end the case and the court can compromise, drop his case and avoid [his] detention,” the judge said. “A newcomer has not made any mistakes in Ratanakkiri province, and a new person can make a good relationship with and work with all levels of the provincial authorities.”

Pen Bunnar told VOA Khmer Thursday he was leaving.

“I hope the natural environment will not be destroyed by illegal deforestation when I leave the province,” he said.

Villager Shot, Wounded by Private Security

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
22 June 2009

A villager of the Tumpoun ethnic minority was injured Monday, when he was fired on by an armed guard for a private company in Ratanakkiri province, officials said.

The villager, identified as A Yat, 37, was gathering herbs near his home of Ba Tang commune, Lum Phat district, when a guard from DM Group shot at him.

He was injured in the leg around 9:30 am, Monday, according to Pen Bunna, investigator for the rights group Adhoc.

The provincial police commissioner, Ray Rai, said police were searching for the shooter. A group of villagers who were occupying land held by DM attacked security forces with knives, he said. The guard shot at the ground, but a bullet had ricocheted to injure the villager.

Say Cham Roeun, a representative for DM, said Monday he was not aware of the incident. He said villagers in the area were known to trespass on company land to cut rubber.

The company has a government license to operate a rubber plantation on 50,000 hectares of land. Three villagers have been arrested in the past, he said, and several others were in hiding from disputes related to the land.