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PUBLIC STATEMENT
3 August 2005
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Opposition parliamentarians demand all pending court cases against Opposition members of parliament be dropped immediately. The time is up for MP Cheam Channy’s pre-trial detention and charges against MP Sam Rainsy and MP Chea Poch. There is no applicable law in Cambodia stating explicitly that any pre-trial detentions or charges can remain lawfully validated for any longer than six months. However, the UNTAC provisions relating to the judiciary and criminal law and procedure in force since 1992 clearly put a time limit on all cases. Article 21 of the provisions states that any accused person, whether or not in detention, must be judged no later than six months. Physical detention for Cheam Channy or a mere suspension of parliamentary immunity for Chea Poch and Sam Rainsy constitutes a limitation of a person's normal rights and liberties that is subject to conditions and regulations, including a time limit, clearly defined in the legal procedure. The parliamentary immunity of the three Opposition MPs was removed on 3 February, presumably to make way for formal charges. MP Cheam Channy was arrested on the day, and has not been brought to court for judgment within the six month maximum limitation. Neither have the other two accused. The Opposition parliamentarians call on the government to cease violating the law, and release MP Cheam Channy, and reinstate the three’s parliamentary immunity. To uphold the rule of law, all must have the courage and decency to apply, to the letter, the whole UNTAC provisions. No one should be allowed to use them selectively at their convenience for their political gain.
The SRP Parliamentarians For further details,
contact SRP Press Office |
