Image may be NSFW.
Clik here to view.
Khmer Times/May Titthara
Monday, 07 November 2016
Three members of the prime minister’s bodyguard unit convicted of the beating of two opposition Cambodia National Rescue Party (CNRP) parliamentarians last October were released on Friday after serving less than half their reduced sentence
The three men were seen on video attacking CNRP members Nhay Chamroeun and Kong Saphea outside the National Assembly on October 26 last year, pulling the men out of their cars and viciously attacking them as police looked on.
Although a large mob attacked the men, only Chay Sarith, 33, Mao Hoeun, 34, and Soth Vanny, 45, were charged with committing “intentional acts of violence under aggravating circumstances” and “intentionally causing damage under aggravating circumstances” under articles 218 and 411 of the Criminal Code.
The men were convicted in May and sentenced to four years in prison, but the judge reduced the sentence to only one year, and with time served, only a few months.
Sous Vithyarandy, a Phnom Penh Municipal Court prosecutor, issued a letter to Prey Sar prison, asking that the men be released.
“The decision to release the three bodyguards was made because their one year imprisonment was completed,” he said.
Mr. Saphea could not be reached for comment yesterday, but told local media outlets that the sentence for the three men was too light, and their early release made him fearful for his safety.
Due to their past use of violence against him, he was worried the three men still held a grudge and would act on it.
“They will come for revenge, and especially not only for us, but they may commit similar actions on opposition MPs because the state leader is not paying attention,” he told reporters.
Mr. Saphea’s lawyer, Sam Sokong, said he filed an appeal in June, nearly five months ago, yet has heard nothing back from the court despite repeated requests for a response.
“If the court has not yet taken action on the complaint from the lawyer team, we will file a complaint to the Ministry of Justice and to the Supreme Council of the Magistracy to check the Appeal Court,” he said.
The United States, European Union, United Nations and many more harshly criticized the government for allowing the incident to happen in front of the Parliament and many rights groups and human rights officials have cited the case as evidence that not only is the government using violence against its opponents, but it is also largely immune from any prosecution.
Human Rights Watch (HRW) released a 61-page report in May before the verdict titled “Dragged and Beaten: The Cambodian Government’s Role in the October 2015 Attack on Opposition Politicians.”
The report said “the criminal process in the case seems to have been designed to cover-up, rather than uncover and shed light on, ultimate responsibility for the October 26 attack.”
HRW’s findings challenged the official narrative of the events and suggested the attacks and the investigation have been guided by political calculations.
“From start to finish, the October 26 assault had all the hallmarks of an operation carried out by Cambodian state security forces of [the CPP],” the authors wrote.
The report outlined the build-up to last year’s events and described a meeting last July at Tuol Krasang, the main base of the Bodyguard Unit, of the leaders of the country’s security forces.
There, the prime minister stressed the duty of the armed forces was to “ensure there will be no color revolution,” an edict he repeated at a police cadet event last week. According to “senior-level officers” in the Royal Cambodian Armed Forces interviewed by HRW researchers, they said the prime minister “set a deadline” of last October for the opposition to stop “plotting.”
“To prevent this feared outcome, Hun Sen gave orders to his forces to deter non-violent CNRP and civil society opposition, questioning of, and protests against CPP policies and practices,” the report said.
On October 25, Prime Minister Hun Sen angrily denounced protesters who demonstrated against him during a state-visit to Paris, saying he would organize his own retaliatory protest against the CNRP.
The very next day, demonstrators gathered at Mr. Hun Sen’s Bodyguard Unit (BHQ) bases in and around Phnom Penh preparing for a protest at the National Assembly against then-National Assembly Vice-President Kem Sokha.
A photograph obtained by HRW shows one of the defendants, Mr. Vanny, at the Svay Rolum base outside Phnom Penh before being transported to the demonstration. There were other indications of senior security and political officials’ presence.
At the protest, BHQ Deputy Commander Lt. Gen. Dieng Sarun was identified in civilian clothing by a witness, along with top officials in the Senaneak youth wing of the CPP.
Just after 11:30am, most of the demonstrators dispersed, with many of them allegedly heading to Mr. Sokha’s house on red motorbikes with fake license plates that neighbors of one BHQ base told investigators are often used by the bodyguard unit.
According to HRW, visual evidence of the attack on the politicians shows 10 people physically harming the two men. As HRW documents, after the November 2 arrest of the three men, pro-government media, officials and the defendants coalesced around the narrative that the violence was unrelated to the earlier demonstration and that the men had been drinking coffee nearby before deciding to join.
At the trial, the three defendants contended they did not act “as a team” and had attended the protest of their own “volition.” As the HRW report notes, attempts by the prosecution to delve into the defendants’ BHQ affiliations were stymied by the court.
Trial judges have said such questions are “outside the scope of the trial.” During a hearing in May, Mr. Sarith confessed to beating Mr. Saphea, saying that at the time, he did not know the men were politicians.
He also denied damaging any of their cars or being involved in the attack on Mr. Chamroeun. They claim they only attacked the two lawmakers after they yelled anti-Vietnamese slurs at them, something that has not been confirmed by anyone at the protest that day.
Radio Free Asia claimed last week that they had spoken to neighbors of Mr. Hoeun’s family, who told them that once the three men were imprisoned, the family members moved into a nicer apartment and secured their own business. As laborers on tobacco farms, there would be no way for them to improve their livelihoods without outside help, the media outlet added.
Am Sam Ath, a senior coordinator for rights group Licadho, said the situation was no different that any other case, because the judiciary has always worked differently for those in power.
“The judiciary has always practiced two standards of law enforcement in the country: implementation for the ruling party supporters and implementation for general citizens,” he said.
“There would be harsh punishment at this level if this case happened to ruling party lawmakers. But it happened to opposition lawmakers, so that is why the sentence is light like this.”
Clik here to view.
Khmer Times/May Titthara
Monday, 07 November 2016
Three members of the prime minister’s bodyguard unit convicted of the beating of two opposition Cambodia National Rescue Party (CNRP) parliamentarians last October were released on Friday after serving less than half their reduced sentence
The three men were seen on video attacking CNRP members Nhay Chamroeun and Kong Saphea outside the National Assembly on October 26 last year, pulling the men out of their cars and viciously attacking them as police looked on.
Although a large mob attacked the men, only Chay Sarith, 33, Mao Hoeun, 34, and Soth Vanny, 45, were charged with committing “intentional acts of violence under aggravating circumstances” and “intentionally causing damage under aggravating circumstances” under articles 218 and 411 of the Criminal Code.
The men were convicted in May and sentenced to four years in prison, but the judge reduced the sentence to only one year, and with time served, only a few months.
Sous Vithyarandy, a Phnom Penh Municipal Court prosecutor, issued a letter to Prey Sar prison, asking that the men be released.
“The decision to release the three bodyguards was made because their one year imprisonment was completed,” he said.
Mr. Saphea could not be reached for comment yesterday, but told local media outlets that the sentence for the three men was too light, and their early release made him fearful for his safety.
Due to their past use of violence against him, he was worried the three men still held a grudge and would act on it.
“They will come for revenge, and especially not only for us, but they may commit similar actions on opposition MPs because the state leader is not paying attention,” he told reporters.
Mr. Saphea’s lawyer, Sam Sokong, said he filed an appeal in June, nearly five months ago, yet has heard nothing back from the court despite repeated requests for a response.
“If the court has not yet taken action on the complaint from the lawyer team, we will file a complaint to the Ministry of Justice and to the Supreme Council of the Magistracy to check the Appeal Court,” he said.
The United States, European Union, United Nations and many more harshly criticized the government for allowing the incident to happen in front of the Parliament and many rights groups and human rights officials have cited the case as evidence that not only is the government using violence against its opponents, but it is also largely immune from any prosecution.
Human Rights Watch (HRW) released a 61-page report in May before the verdict titled “Dragged and Beaten: The Cambodian Government’s Role in the October 2015 Attack on Opposition Politicians.”
The report said “the criminal process in the case seems to have been designed to cover-up, rather than uncover and shed light on, ultimate responsibility for the October 26 attack.”
HRW’s findings challenged the official narrative of the events and suggested the attacks and the investigation have been guided by political calculations.
“From start to finish, the October 26 assault had all the hallmarks of an operation carried out by Cambodian state security forces of [the CPP],” the authors wrote.
The report outlined the build-up to last year’s events and described a meeting last July at Tuol Krasang, the main base of the Bodyguard Unit, of the leaders of the country’s security forces.
There, the prime minister stressed the duty of the armed forces was to “ensure there will be no color revolution,” an edict he repeated at a police cadet event last week. According to “senior-level officers” in the Royal Cambodian Armed Forces interviewed by HRW researchers, they said the prime minister “set a deadline” of last October for the opposition to stop “plotting.”
“To prevent this feared outcome, Hun Sen gave orders to his forces to deter non-violent CNRP and civil society opposition, questioning of, and protests against CPP policies and practices,” the report said.
On October 25, Prime Minister Hun Sen angrily denounced protesters who demonstrated against him during a state-visit to Paris, saying he would organize his own retaliatory protest against the CNRP.
The very next day, demonstrators gathered at Mr. Hun Sen’s Bodyguard Unit (BHQ) bases in and around Phnom Penh preparing for a protest at the National Assembly against then-National Assembly Vice-President Kem Sokha.
A photograph obtained by HRW shows one of the defendants, Mr. Vanny, at the Svay Rolum base outside Phnom Penh before being transported to the demonstration. There were other indications of senior security and political officials’ presence.
At the protest, BHQ Deputy Commander Lt. Gen. Dieng Sarun was identified in civilian clothing by a witness, along with top officials in the Senaneak youth wing of the CPP.
Just after 11:30am, most of the demonstrators dispersed, with many of them allegedly heading to Mr. Sokha’s house on red motorbikes with fake license plates that neighbors of one BHQ base told investigators are often used by the bodyguard unit.
According to HRW, visual evidence of the attack on the politicians shows 10 people physically harming the two men. As HRW documents, after the November 2 arrest of the three men, pro-government media, officials and the defendants coalesced around the narrative that the violence was unrelated to the earlier demonstration and that the men had been drinking coffee nearby before deciding to join.
At the trial, the three defendants contended they did not act “as a team” and had attended the protest of their own “volition.” As the HRW report notes, attempts by the prosecution to delve into the defendants’ BHQ affiliations were stymied by the court.
Trial judges have said such questions are “outside the scope of the trial.” During a hearing in May, Mr. Sarith confessed to beating Mr. Saphea, saying that at the time, he did not know the men were politicians.
He also denied damaging any of their cars or being involved in the attack on Mr. Chamroeun. They claim they only attacked the two lawmakers after they yelled anti-Vietnamese slurs at them, something that has not been confirmed by anyone at the protest that day.
Radio Free Asia claimed last week that they had spoken to neighbors of Mr. Hoeun’s family, who told them that once the three men were imprisoned, the family members moved into a nicer apartment and secured their own business. As laborers on tobacco farms, there would be no way for them to improve their livelihoods without outside help, the media outlet added.
Am Sam Ath, a senior coordinator for rights group Licadho, said the situation was no different that any other case, because the judiciary has always worked differently for those in power.
“The judiciary has always practiced two standards of law enforcement in the country: implementation for the ruling party supporters and implementation for general citizens,” he said.
“There would be harsh punishment at this level if this case happened to ruling party lawmakers. But it happened to opposition lawmakers, so that is why the sentence is light like this.”