The Cambodian Human Rights Action Committee issued a letter to King Norodom Sihanouk, in his role as chairman of the Supreme Council of Magistracy, on Thursday, asking for his thoughts on the removal of Municipal Court Judge Hing Thirith.
The committee, a coalition of 17 local NGOs, noted that the Supreme Council decided to punish Hing Thirith shortly after he dismissed charges against Born Samnang and Sok Sam Oeun, suspects in the killing of Chea Vichea, because of a lack of evidence.
“According to the principle of independence in the judicial system, a judge cannot be suspended or removed when he or she wrongly implements or interprets the law. That is the role of the appeals process,” the letter stated.
King Sihanouk normally presides over the Supreme Council of Magistracy. He was in Beijing last month, when the secret disciplinary meeting was convened with CPP and Senate President Chea Sim attending in his place.
After learning of his pending dismissal, Hing Thirith said he would appeal to the King to review his court record, which includes very few overturned verdicts, he said.
He also told reporters that he had been ordered by a high-ranking government official, whom he refused to name, to push the Chea Vichea case on to trial.
The Supreme Council then issued a statement saying that its decision was not politically motivated. It attributed the measure to mistakes made in several unspecified court cases.
It said Hing Thirith was guilty of temporarily releasing suspects without a prosecutor’s permission, considering biased evidence, summoning a police officer for questioning and trying to dismiss charges without evidence, among other offenses.
Apparently inferring which cases the Supreme Council referred to, Hing Thirith refuted its accusations.
He also charged the Supreme Council with violating his jurisdiction, violating the independence of the judiciary, intimidating judges, presenting false evidence and covering up evidence, among other things.
A second Municipal Court judge, Oun Bunna, was also removed by the Supreme Council, but he was not mentioned in the Action Committee’s letter.
Thun Saray, director of the rights group Adhoc, which belongs to the Action Committee, said that the committee would push Hing Thirith’s case first, as it is the more egregious of the two.