Responding to an opposition request, the Justice Ministry last week ordered a review of the August jailing of an SRP activist from Stong district in Kompong Thom province.
Lem Nath was arrested Aug 10 and charged with forging thumbprints for a petition as part of a land dispute. The SRP in December called for her release, alleging that she had been arrested without a warrant and that police had threatened villagers during her apprehension.
The charge carries maximum penalties of three years in prison and fines of $1,500. The dispute concerns 323 hectares in Trea and Banteay Stong communes, which residents say were illegally sold by landholders from Trea commune.
In a March 10 letter, Justice Minister Ang Vong Vathana instructed Judge Khon Sokal, president of the provincial court, to order a review of the case by an investigating judge. The investigating judge must “resolve this matter by clarifying and reporting on how the judicial police enforced the court warrant,” Mr Vong Vathana wrote.
Judge Sokal said yesterday he had assigned the review to Judge Yin Saroeun, who was also under instruction to examine the matter of Ms Nath’s apparently excessive pretrial detention, which at eight months would be twice the legally allowable duration.
By law, provisional detention for misdemeanor charges should be imposed rarely and may not exceed four months but may be extended to six months on a judge’s order.
Ms Nath’s daughter Hor Sokchea yesterday reiterated her defense of her mother’s actions. “My mother did no forgery as they accused her. She was arrested without an arrest warrant. She did nothing wrong, and the court has to release her,” she said.
Kompong Thom province SRP lawmaker Men Sothavarin said yesterday that he was seeking Ms Nath’s release.
“I asked the justice minister to release her on bail,” he said.
According to Sam Pracheameanith, Cabinet director at the Justice Ministry, the justice minister retains the authority to review matters pertaining to the administration of justice.
