PHNOM PENH (Khmer Times/ANN): A Siem Reap man has been released from custody after an intervention from Keut Rith, the Deputy Prime Minister and Minister of the Ministry of Justice of Cambodia.
Pich Sovan had been arrested after he attacked members of a 20 person gang who were responsible for the gang rape of his daughter.
Pich had kicked Long Seng Lay, one of the suspects, in the middle of the face, causing his face to bleed.
After a complaint from Long Seng Lay’s mother, Pich Sovan was arrested and charged with intentional violence and was being remanded in custody in Siem Reap Provincial Prison.
However, after receiving information about the rape case in Siem Reap Province, the Deputy Prime Minister and Minister of Justice ordered the Ministry’s working group to conduct an immediate investigation into the case.
The Deputy Prime Minister and Minister of Justice informed Hok Vanthina, President of the Siem Reap Provincial Court, and Mr. Meas Chanpiseth, Prosecutor of the Siem Reap Provincial Court, to study the case of provisional detention of accused in Criminal Case 568. April 20, 2024 of the Siem Reap Provincial Prosecutor’s Office.
The Minister said that the Ministry of Justice received information on social media from Pich, stating “A 15-year-old girl was brutally raped by 20 people when the authorities arrested the perpetrator. I was so angry that I beat the perpetrator, now I am in jail and 14 perpetrators are out of jail.’
In response, The Ministry of Justice considers that:
1. According to Article 203 of the Code of Criminal Procedure, in principle, the accused must be free. In special cases, the accused may be remanded in custody under the provisions of Article 205 of the Code of Special Criminal Procedure.
2. Violence is an offense against the criminal law, even if it is caused by the anger of the perpetrator to the victim. Therefore, the action to prosecute this case when there is a complaint from the victim of violence is legal.
3. However, the decision on provisional detention shall be made only in cases of necessity and shall be in accordance with the principles set out in the Code of Criminal Procedure as described above. The Ministry considers the temporary detention of the victim’s father due to the use of violence against the perpetrator of his daughter, although necessary in the early stages of the procedure to prevent this from happening.
There are other suspects, but now, this measure of pre-trial detention is no longer necessary, and if there is a need for procedural aspects, the court should consider using the measures under judicial supervision as an alternative. Provisional detention in accordance with the Code of Criminal Procedure in force.
Therefore, in order to ensure the accuracy and fairness of the law in the above case and in the case related to the allegations of group sexual abuse of the above victims, the Ministry would like to request His Excellency to reconsider on Legal aspects and examine the legal possibility to complete the measures of provisional detention in the above cases in accordance with the law and legal procedures in force.
