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Image source, NArin Sun / BBC Thai
Sitanan la Santa Fe Before giving information to the court of Phnom Penh
Ms. Sitanan, Santa Fe Sister Wanchalerm Santo A political refugee who disappeared six months ago submitted information and evidence to the Phnom Penh District Court. To prove that his brother had lived and was forced to disappear in Cambodia. Hoping that the prosecutor can bring a criminal case against the perpetrator.
Ms. Sitanan, a 48-year-old businesswoman, decided to hire a Cambodian lawyer to ask the Cambodian authorities to investigate Wanchalerm’s disappearance in July after seeing that there was no progress on her later. He received a summons from the investigating judge of the Phnom Penh Travel District Court to provide information about his brother’s disappearance at 9:00 am today (December 8), in which the trial judge will bring the information to the Prosecutor’s Office to consider whether or not to submit a criminal case.
“We don’t know (Phnom Penh District Court) will accept a case or not. But we want the court and everyone present to know what happened on the day of the celebration,” Ms Sitanan told BBC Thai.
The Cambodian authorities claimed that there was no evidence that Wanchalerm was in Cambodia or that the enforced disappearance had occurred in Cambodia, but Ms Sitanan insisted. “People from the neighborhood (Mr. Wanchalerm’s condominium) can confirm what happened to him”
As the Cross Cultural Foundation broadcasts Ms Sitanan’s speech to the court today, “Thank you to the Cambodian court judge for summoning the subpoena I am convinced that there are facts and evidence that can confirm that the holiday in Phnom Penh Cambodia and was lost by a group of armed people in their cars ”
Image source, Facebook / Wanchalearm Satsaksit
Holy holiday The 37-year-old political refugee has been missing for more than six months since June 4, 2020.
Ms. Sitanan insists that her brother has no reason to conflict with anyone in Cambodia, both in personal and business matters. But throughout the refuge Wanchalerm continued to criticize the government of the National Council for Peace and Order. Generals of the current army and government in all
“Because this terrible crime occurred throughout Cambodia. From the facts and evidence available I appeal to the Cambodian authorities to act willingly and do everything possible in the investigation to resolve the case. My family and I hope for justice. Know the fate of Mr. Wanchalerm And the Cambodian authorities will soon prosecute the real culprit, ”he said.
What happened in court
Ms. Sitanan told reporters after completing the court proceedings that the judge asked her to relate the incident with Mr. Wanchalerm and that she had given the judge all the evidence.
“We have told you (Examining Magistrate) Listen and hand over all the documents that we have prepared for you. After this, it is up to the Cambodian authorities to investigate further,” Sitanan said, adding that of the questions asked by the judge in court It can be analyzed that the judge had certain facts exactly what she had. In particular, the problem of Mr. Wanchalerm lived and kidnapped in front of his residence in Phnom Penh.
However, the court asked Ms. Sitanan to find additional evidence.
Mr. Sam Chamroon, a Cambodian attorney hired by the Saintsavit family to prosecute this case. Today’s disposition is just the beginning of an investigation into Wanchalerm’s disappearance. That now the prosecutor has an offer to the accused court. “Anonymous” who has committed an arrest, detention and possession of unauthorized weapons. After the court heard Ms Sitanan’s information today, it would consider whether there was enough information and evidence to be charged or not.
He said the court could issue a subpoena, Ms. Sitanan to provide more information if necessary.
Ms. Sitanan and her lawyers will return to Thailand on December 15.
The provincial government tells the Thai government “Do your best”
One day before Ms. Sitanan reported to the Phnom Penh District Court yesterday (December 7), Mr. Thani Saengrat, Director General of the Information Department and spokesperson for the Ministry of Foreign Affairs. It has summarized the actions of the Thai authorities regarding the case of Mr. Wanchalerm as follows:
- The Thai authorities have been closely coordinating with the Cambodian side upon learning of Wanchalerm’s disappearance in June, and the Royal Thai Embassy in Phnom Penh sent a letter to the relevant Cambodian authorities requesting cooperation in the investigation. About that And it has continuously coordinated with the Cambodian side
- The Royal Thai Government is concerned for Mr. Wanchalerm’s well-being, as it is a mission of the Ministry to provide consular assistance to Thai people suffering abroad. In addition to continuously coordinating and advising Ms. Sitanan
- The Provincial Government has facilitated Through the Department of Consular Affairs and the Royal Embassy in Phnom Penh, Ms. Sitanan can travel to Cambodia To provide information to the judge At the invitation of the Civil Court of Phnom Penh, the Thai side was unable to express any opinion about the case. Because it is going through actions of the Cambodian side
6 months after the disappearance of the “Holy Party”
Thailand is committed to the rule of law and human rights principles in accordance with its obligations and related international laws in which Thailand is a partner. The Thai government has a constitutional duty to protect and safeguard the interests of all Thais wherever they may be. In this case, the Thai government has made every effort to facilitate through the relevant government agencies so that the legal process can go smoothly in the search for Mr. Wanchalerm.
The Attorney Center explains the Cambodian justice process.
Center for Human Rights Lawyers Arranged a lawyer to travel to Cambodia with Ms. Sitanan to provide legal assistance, explaining the Cambodian justice process that Using a criminal investigation system AND providing information to Ms. Sitanan today Not yet a prosecution process
Problems at the Lawyers Center Explain the following
Cambodia’s penal settlement system uses an “investigation system”, which is different from that of Thailand. “The prosecution system” Criminal proceedings in Cambodia are divided into 3 phases before being sent to court for trial.
1. When a crime has been committed AND you received a complaint from the victim Police officers in the incident area will investigate. On the advice of the prosecutor When the police have finished investigating, the complaint will be sent to the local prosecutor.
2. The Royal Prosecutor will investigate sufficient preliminary facts and summarize the preliminary rhetoric, then the prosecutor will send a summary of this preliminary ruling to the trial judge. (Examining magistrate) When the judge has received the matter from the prosecutor. Will act to investigate and gather evidence again Including investigating the possibility of who the offender was
Image source, Cultural Foundation
Phnom Penh District Court
3. When the judge completes the investigation The investigating judge will return the file of his investigation to the local Public Prosecutor’s Office of the area responsible for it. If the responsible prosecutor believes the investigation is inappropriate The case may be returned to the judge for further investigation. Or if the prosecutor believes that the investigation is sufficient The prosecutor will send a summary of the last sentence. With an opinion on who is the offender for the judge of first instance (First instance judge) in this step a criminal case will be considered.
Ms. Sitanan’s contribution is today in the process of investigating the trial judge. (Examining Magistrate) of the Phnom Penh District Court. Which is still one step before prosecution but it was a breakthrough in Cambodia’s judicial process after Ms Sitanan filed a complaint with the prosecutor in the Phnom Penh District Court since July, the law center said.
