Cheam Channy
Encyclopedia
Cheam Channy is a Cambodia
n politician
and member of parliament
for the opposition Sam Rainsy Party
(SRP). He was elected as a representative for Battambang Province
in the 1998 National Elections, then again for Kompong Cham province in 2003.
On 3 February 2005, a vote in the Cambodian National Assembly removed the parliamentary immunity
from Channy, fellow MP Chea Poch and party leader Sam Rainsy
. Rainsy and Poch, both facing possible charges of criminal defamation, left the country. Channy did not leave, and was arrested later the same day by military police
. He was charged by the Cambodian Military Court
with the criminal offences of Organised Crime and Fraud, as well as a military charge
of disobeying orders. These charges relate to accusations that Channy had created an illegal army for the SRP.
The arrest and detention of Channy met with widespread international condemnation, including from the U.S. State Department, Human Rights Watch
and the Special Representative of the United Nations Secretary-General
for Human Rights
in Cambodia. On 10 March 2005, the European Parliament
adopted a resolution calling on the Cambodian government to "immediately and unconditionally" release him. Critics have claimed that the arrest is politically-motivated, and that under Cambodian law the Military Court has no jurisdiction
over civilian
s such as Channy. The Cambodian government denies these accusations.
Cheam Channy was brought to trial
on August 8, after courts exhausted the maximum six months allowed by Cambodian law for pre-trial detention. At trial, Military Court Judge
and President Ney Thol, seriously obstructed the ability of Channy's defense lawyers to defend their client according to Cambodian legal procedure by interrupting lawyers for the defense while questioning their client and during cross-examination of the prosecution witnesses.
On August 9, the Military Court sentenced Cheam Channy to 7 years imprisonment, concluding what has been referred to as a show trial
by the local media and international community. Following his conviction, Channy was returned to solitary confinement
in the Phnom Penh
military prison
, and declared to be a "Prisoner of conscience
" by Amnesty International
.
On 6 February 2006 Cheam Channy was released from prison after being granted a royal
pardon
by King Norodom Sihamoni
.
Cambodia
Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
n politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
and member of parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for the opposition Sam Rainsy Party
Sam Rainsy Party
The Sam Rainsy Party is a personalist and more or less liberal party in Cambodia. The party is a member of the Council of Asian Liberals and Democrats...
(SRP). He was elected as a representative for Battambang Province
Battambang Province
Battambang is a province in northwestern Cambodia. It is bordered to the North with Banteay Meanchey, to the West with Thailand, and to the East and South with Pursat. The capital of the province is the city of Battambang. The name, meaning 'lost staff', refers to the legend of Preah Bat Dambang...
in the 1998 National Elections, then again for Kompong Cham province in 2003.
On 3 February 2005, a vote in the Cambodian National Assembly removed the parliamentary immunity
Parliamentary immunity
Parliamentary immunity, also known as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of justice or by the parliament itself...
from Channy, fellow MP Chea Poch and party leader Sam Rainsy
Sam Rainsy
Sam Rainsy is a Cambodian politician.Sam Rainsy was born in Phnom Penh, son of Sam Sary, a member of Cambodia's government for a time in the 1950s. He moved to France in 1965, studied there and then worked in a variety of Parisian financial companies...
. Rainsy and Poch, both facing possible charges of criminal defamation, left the country. Channy did not leave, and was arrested later the same day by military police
Military police
Military police are police organisations connected with, or part of, the military of a state. The word can have different meanings in different countries, and may refer to:...
. He was charged by the Cambodian Military Court
Military tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
with the criminal offences of Organised Crime and Fraud, as well as a military charge
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
of disobeying orders. These charges relate to accusations that Channy had created an illegal army for the SRP.
The arrest and detention of Channy met with widespread international condemnation, including from the U.S. State Department, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
and the Special Representative of the United Nations Secretary-General
United Nations Secretary-General
The Secretary-General of the United Nations is the head of the Secretariat of the United Nations, one of the principal organs of the United Nations. The Secretary-General also acts as the de facto spokesperson and leader of the United Nations....
for Human Rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
in Cambodia. On 10 March 2005, the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
adopted a resolution calling on the Cambodian government to "immediately and unconditionally" release him. Critics have claimed that the arrest is politically-motivated, and that under Cambodian law the Military Court has no jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over civilian
Civilian
A civilian under international humanitarian law is a person who is not a member of his or her country's armed forces or other militia. Civilians are distinct from combatants. They are afforded a degree of legal protection from the effects of war and military occupation...
s such as Channy. The Cambodian government denies these accusations.
Cheam Channy was brought to trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
on August 8, after courts exhausted the maximum six months allowed by Cambodian law for pre-trial detention. At trial, Military Court Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and President Ney Thol, seriously obstructed the ability of Channy's defense lawyers to defend their client according to Cambodian legal procedure by interrupting lawyers for the defense while questioning their client and during cross-examination of the prosecution witnesses.
On August 9, the Military Court sentenced Cheam Channy to 7 years imprisonment, concluding what has been referred to as a show trial
Show trial
The term show trial is a pejorative description of a type of highly public trial in which there is a strong connotation that the judicial authorities have already determined the guilt of the defendant. The actual trial has as its only goal to present the accusation and the verdict to the public as...
by the local media and international community. Following his conviction, Channy was returned to solitary confinement
Solitary confinement
Solitary confinement is a special form of imprisonment in which a prisoner is isolated from any human contact, though often with the exception of members of prison staff. It is sometimes employed as a form of punishment beyond incarceration for a prisoner, and has been cited as an additional...
in the Phnom Penh
Phnom Penh
Phnom Penh is the capital and largest city of Cambodia. Located on the banks of the Mekong River, Phnom Penh has been the national capital since the French colonized Cambodia, and has grown to become the nation's center of economic and industrial activities, as well as the center of security,...
military prison
Military prison
A military prison is a prison operated by the military. Military prisons are used variously to house prisoners of war, enemy combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members of the military found guilty of a serious crime...
, and declared to be a "Prisoner of conscience
Prisoner of conscience
Prisoner of conscience is a term defined in Peter Benenson's 1961 article "The Forgotten Prisoners" often used by the human rights group Amnesty International. It can refer to anyone imprisoned because of their race, religion, or political views...
" by Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
.
On 6 February 2006 Cheam Channy was released from prison after being granted a royal
Monarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
by King Norodom Sihamoni
Norodom Sihamoni
Norodom Sihamoni is the current reigning King of Cambodia. He is the eldest son of Norodom Sihanouk and Norodom Monineath Sihanouk. Previously Cambodia's ambassador to UNESCO, he was named by a nine-member throne council to become the next king after his father Norodom Sihanouk abdicated in 2004...
.
External links
- Sam Rainsy Party homepage
- BBC: "Sam Rainsy appeal on Cambodia"
- U.S. State Department statement, February 3, 2005
- European Parliament Resolution on Cambodia, March 10, 2005
- Human Rights Watch press release, February 7, 2005
- UN Special Representative statement February 7, 2005
- CHRAC press release: Concern Over Parliamentarian Arresting, February 7, 2005