Interior minister Sar Kheng presides over the ceremonial inauguration of a mosque in Kampong Luong commune of Kandal province’s Ponhea Leu district on December 24. Sar Kheng via FB
Minister of Interior Sar Kheng said the public should not be surprised to see people who had committed minor crimes returning to their communities after their arrests, as the authorities introduce new educational measures to reduce prison overcrowding.
Speaking at the inauguration ceremony of a new mosque in Kampong Luong commune of Kandal province’s Ponhea Leu district on December 24, he said Cambodia’s prisons currently house 37,000 prisoners, making them overcrowded. Of that number, 20,000 – or more than half – are detained due to drug-related offences.
To address the issue, the government has introduced various measures, including education programmes to those convicted of minor crimes, like addicts who were caught with small amounts of drugs. Following their education, many of them were allowed to return home, in a bid to reduce overcrowding.
“This is why in some localities, members of the public have complained that the commune police had released some offenders only days after they were arrested. This is being done to relief the overcrowding in some prisons,” he added.
Sar Khneng said some people had asked if the perpetrators would be released if the prisons were not so crowded.
“We are still making arrests, but if the offence is minor, we think it is better to just educate them and send them home. We also believe that this is an excellent opportunity for parents to provide guidance to their children,” he said.
“Some people have suggested that if we claim that overcrowding is an issue, we might as well release all of the prisoners into the custody of their families. This is a facetious argument, but in the case of young, first-time criminals caught for minor offences, we need to find another way to deal with them,” he added.
Sar Kheng said sentence reductions and pardons are also stipulated in the Criminal Code, noting that the National Commission to Review Requests for Sentence Reductions and Pardons make recommendations to the King through Prime Minister Hun Sen four or five times each year.
In some cases, prisoners who were nearing the end of their sentences were eligible for early release on bail if they were well behaved, and had less than six months remaining on their sentence.
“This means they are released but placed under court supervision. If the person commits a new crime, they will be arrested and prosecuted. They must also complete the sentence they were bailed from,” he said.
Sar Kheng explained that this kind of conditional release was one way the government was solving the issue of a swollen prison population. In the future, they may serve community sentences, often if they were arrested for petty crimes.
“We do not have the capacity to house so many prisoners, which is why we are examining a community sentence programme. I expect it to be implemented soon,” he said.
“A community sentence combines some form of punishment with activities carried out in the community. It could mean, for example, that an offender must carry out 200 or 300 hours of unpaid work. The work they do will be determined by local authorities. They may sweep roads or dig public land. Whatever they do, it will be for the public good.
“There will be no compensation. They will not be paid even 100 riel for their labour – they will get nothing. They will be benefiting the society. Of course, some of them may refuse to do the work because they are embarrassed, but in that case they will be jailed,” he added.
He asked the public to be patient and understanding with offenders who returned to the community, because they had been educated and were working to reform themselves.
“It is up to the courts to judge people, not the public,” he said.
Am Sam Ath, deputy director of rights group LICADHO, said civil society organisations have made recommendations for years encouraging the government to implement community sentences because the Criminal Code also stipulates them.
He said enforcing community sentences would reduce state expenditure and allow families to reunite. Their labour could also be used to benefit their communities.
