Police guard CFF trial defendants during sentencing at Phnom Penh's Supreme Courthouse Nov 5.

The trial of 28 Cambodian Freedom Fighters (CFF) generated little heat and not much

light in explaining the shadowy rebel movement responsible for the attack on Phnom

Penh November 24 last year.

In contrast to the June trial which saw the conviction of 30 CFF members, the second

CFF trial was a low key affair. The heavy security presence of the first trial was

lessened, the large crowds stayed away and, with the major CFF leaders dealt with

at the first trial, there were few high profile figures this time.

"We still don't understand much about the CFF, but for myself it's clear that

their leader is not trustworthy," said Sok Sam Ouen of the Cambodian Defenders

Project, which defended many of the accused.

Key witnesses did not appear in court and were not cross examined. Of those convicted,

18 had been identified from photographs by An Mao, himself convicted of being a CFF

member in the June trial. He was not required to appear at the trial. Lawyers for

the accused spoke of their frustrations at the court's approach to evidence.

"Cambodia has no clear rules of evidence," Sam Ouen said of the seemingly

arbitrary use of witness testimony. "Nothing is predictable in Cambodian law."

"This verdict contained both justice and injustice occurring at the same time.

Some of my clients were released, but others were tricked and cheated because they

never committed any terrorism," said Put Theavy, lawyer for eight men convicted

at the trial.

Two of Theavy's clients, Chou Try and Put Siem, were released for lack of evidence

after being held for 11 months in Prey Sar prison. Theavy said he and his clients

will be discussing bringing a case of 'unlawful imprisonment' against the government

once they are released from prison. The two men had been arrested when they visited

the house of a CFF member and it was raided by police.

The 26 others were given jail sentences between three and 15 years. Some lawyers

said they would appeal the sentences.

"Half of the defendants were forced to confess. Others had joined in 1998 and

abandoned the CFF a year later, but they were still convicted," said Theavy

who said he intended to appeal against his clients' convictions by the end of the

month.

In his judgment handed down November 5, Judge Sok Sethamony said that because there

was evidence against the accused the court was entitled to ignore the UNTAC penal

code which states that suspects can only be detained for six months without bail.

"We reject this idea and this is why we may appeal," said Sam Ouen who

added that a final decision on an appeal was yet to be made.

The judge referred to the November 1 bombings in Pursat province. Six small bombs

went off near government buildings, causing no damage or injuries. Provincial and

military authorities immediately concluded that the attacks were the work of the

CFF, although no one has yet been detained. The judge cited that event as evidence

that the CFF was still a threat to Cambodia.

Sethamony dismissed the defense used by most of the accused who claimed during the

trial that they were duped into coming to Phnom Penh on the promise of construction

work and then forced to take part in the attack at gunpoint.

"The accused are real criminals. They explained that they were threatened

to join the fighting, but these are only made-up excuses," said the judge.

Three men received 15 years, seven were sentenced to ten years, five men were

given seven years, ten received five years, one man three years and two were acquitted

for lack of evidence. Among those sentenced to ten years was prison escapee Sin Kanhapol

who was tried in absentia.

Regarding Doung Sopheap, the 29-year-old customs employee who claimed to have defected

to the government on the promise of an amnesty, the judge said he would consider

giving him a lighter sentence. Sopheap was among those sentenced to seven years in

prison.

Sopheap's mother, Tit Sovanna, 55, expressed her anger outside the courtroom.

"I have the video tape of the Prime Minister declaring that anyone who surrendered

would receive an amnesty and reward. The government failed to deliver its promise.

The trial is unfair for my son," a weeping Sovanna told reporters.

In sentencing Tep Simoly to 15 years imprisonment the judge said he would not consider

Simoly's defense. Simoly claimed that he worked for the military intelligence unit

of the Royal Cambodian Armed Forces (RCAF),but said that papers proving his security

role were destroyed when he was arrested.

Doung Sopheap, leaves the court after being sentenced to seven years jail for his role in the CFF attack.

The judge cited a letter sent to the court by Hour Sareth, deputy-commander of the

military intelligence unit of RCAF, in which he denied any link with Simoly.

The judge requested that Sareth attend the hearing but Sareth wrote to the court

claiming that he knew nothing of Tep Simoly and was too busy to attend the trial.

"Hour Sareth must attend the trial," said Simoly's lawyer, Theavy.

"Tep Simoly's judgment was very unjust because he worked for the government

and then they denied it. There was clear evidence but the police confiscated that

evidence. I will try to produce proof of his government position in the Appeal Court,"

he added.

Human rights workers and some politicians have long expressed concerns that the CFF

has been sponsored or infiltrated by the government to justify a crackdown on their

political opponents.

A new round of arrests which began in September has so far seen almost 60 people

jailed on suspicion of belonging to the CFF. Some of those are members of Funcinpec

or the Sam Rainsy Party.

Theavy, who will represent 14 alleged CFF members arrested in September, said that

in contrast with previous trials he was satisfied with the access he has been given

to his clients so far.

Bun Seng, military commander of Region 5 in Battambang, said that there were still

many CFF near the Thai border, but if they surrendered then not all would be sent

to trial.

"At the end of last month 94 CFF surrendered in Banteay Meanchey province and

15 surrendered in Battambang. Following the government's principle they were educated

and then allowed to return to their homes," he said.

Investigating Judge Khim Sophorn said that he has "just completed" investigations

on 19 of the CFF suspects arrested since September and currently being held at PJ

prison in Phnom Penh.

The suspects, including the Cambodian/American Sao Chum Gilbert who was arrested

at Pochentong Airport on September 8, are likely to face the court some time next

month, Sophorn said.

 

Tep Simoly expressing his initial reluctance to tell the court of his 'double

agent' role: "I can't tell you because this is my mysterious affair."

Judge to defendant Chea Kim Som: "If you expect justice then you must speak

clearly."

Defendant: "I only confessed because the military police beat me and burned

me with cigarettes"

Judge: "Which is more frightening: When the Military Police point a gun at you

or when the terrorists do?"

The CFF

case in quotes - selected text

 

Defendant: "I fear both."

Defendant: "I shot three rounds into the air."

Judge: "In which direction."

Defendant: "Into the trees."

Judge: "Why didn't you just shoot them when they gave you the gun?"

Defendant: "I didn't dare because there were gunmen waiting outside the house."

Defendant: "I was told I was working for American soldiers."

Defendant: "The military police tortured me and burned cigarettes on my body."

Judge: "So did the prosecutor beat you?" Defendant: "No."

Judge: "Then I don't believe that the law beat you either."

Defendant: "I wanted to escape but I was afraid I would be shot if I tried."

Defendant: "I don't know what terrorism means."

Tep Simoly's lawyer, Put Theavy, on Hour Sareth, deputy-commander of military intelligence

unit of RCAF: "He is a capricious man creating headaches. He blames innocent

people then arrests them."

A human rights worker commenting on the above quote: "Oh, Theavy must be a brave

man."

Judge to defendant Doung Sopheap: "Your colleagues wanted to kill you because

you betrayed them ... You see for the first CFF trial we were criticized as threatening

the suspects because we deployed police and dogs. But the court has the duty to protect

your safety."

Defendant: "I was trying to escape and one of the group felt pity on me and

said: 'Leave the B40 rocket and go and hide somewhere.'"

Defendant: "I just came to Phnom Penh because I wanted to be a construction

worker."

Judge: "Do you recognize any of the defendants from the night of the attack."

Policeman: "No."

Judge: "Are you afraid like a dog?"

Policeman: "No, I'm a lion."

Policeman: "I just pretended to be unconscious so they wouldn't shoot me."

Policeman: "The CFF member said to me: 'OK if you are not yuon [Vietnamese]

then just please keep quiet.'"

Judge to a policeman attempting to demonstrate his below the belt gunshot wound:

"Please don't take off your clothes."