Minister of Justice Koeut Rith has announced that if convicted, he will suggest that disgraced former Ohkna Srey Sina be included on the register of notorious criminals who will never be eligible for pardons or commuted sentences.

Addressing a justice ministry press conference on July 26, the minister announced that such was his faith in the judiciary, he would step down if the accused double murderer receives a light sentence.

Sina is accused of shooting a young engaged couple dead in their home and wounding two others, following a minor domestic dispute. Leaked surveillance footage of the shooting drew mass public outcry, with many citizens concerned that the wealthy accused may attempt to use his power and influence to escape justice.

Rith noted that as head of the National Commission to Review and Request Sentence Reductions and Pardons – and in his capacity as justice minister – he will request that if convicted, Sina be added to the register of those who are ineligible for sentence reductions.

He explained that the addition of the accused to the register would be in accordance with the fundamental principles of justice, given the particularly vicious nature of the crimes.

“Prime Minister Hun Manet has advised me that any person found guilty of a crime like this must be absolutely prevented from becoming the subject of a request for clemency. We will not think of forgiveness, nor even a sentence reduction,” he said. 

According to current law, once a prisoner has served one-third of his sentence, he has the right to request a sentence reduction or a pardon. However, the review commission has the right to deny such requests in particularly heinous crimes, including terrorism and the sexual abuse of minors.

“Especially cruel cases will never receive clemency,” added the minister.

On June 22, the Phnom Penh Municipal Court announced that Sina will be the subject of two criminal cases.

In the first case, he was charged with two counts of murder and unauthorised use of a weapon under Article 199 of the Penal Code and Article 20 of the Law on the Control of Weapons, Explosives and Ammunition. 

In the second, Sina was charged with two counts of attempted murder and unauthorised use of a firearm under Articles 27 and 199 of the Penal Code and Article 20 of the weapons control law.

The murder charges carry a maximum penalty of 15 years in prison, as do the attempted murders. Illegal use of a weapon carries a maximum of two years.

The minister also asked all levels of the court not to merge the two cases.

“I urge the courts at all levels – including any appeals to higher courts he may make – do not allow the cases to be combined or his sentences to be served concurrently. They must be served consecutively. When one sentence is complete, he must begin the next,” he said.

“If each verdict earns him the maximum sentence of 15 years, he will serve 30 years in jail. There will be no sentence reductions in this case,” he added.

He explained that if the sentences were served concurrently – at the same time – the accused could be freed in just 15 years.

Rith announced that to eliminate the possibility of future criminals benefitting from merged sentences the Criminal Code will be amended. He added that the amendment was not a reaction to Sina’s case, but to the general situation in Cambodian society and demands by the public that criminals be punished appropriately.

He noted that because this especially cruel murder had attracted a lot of public attention, law enforcement institutions must take responsibility for ensuring that the accused takes full responsibility for his crimes.

“Of course, it is not possible to say how many years the accused will be sentenced to, because the court has not yet heard the case, and the ministry cannot act as a judge. However, should the court change the charges, to manslaughter for example, I will not be able to remain silent,” he said.

“If the suspect escapes justice or is convicted of a lesser crime or say two or three years in jail – as some members of the public have speculated may happen – I must be the one to take responsibility. I would have to resign and end my work in the legal sector. I have dedicated my life to it, and I could not remain in my position were such a miscarriage of justice to take place,” he added.

However, he acknowledged that owing to its many articles, the Penal Code may still contain some loopholes. During two general assembly meetings on the justice sector, in 2023 and late March this year, it was decided to amend the Penal Code and the Code of Criminal Procedure, in order to close any loopholes. 

The amendments will also address the evolving needs of Cambodian society to ensure security, public safety and social order.

“The criminal code must be amended. I am open about the fact that there are many points that need to be amended. We will amend not only the penal and criminal procedure codes, but also civil codes and procedures,” Rith continued.

“We recognise that if a law contains loopholes, it must be amended, but we cannot apply the law however we want, according to our feelings,” he said. 

The minister expressed his belief that a sentence of 10 to 15 years is insufficient for the murder of one person, never mind the killing of two.

He could not specify what the possible sentence might be once the law is amended but guaranteed it would be more severe than the current maximum.

“Before we decide on the precise figures, we must consider all aspects of the law,” he said.

Although he did not mention any specific loopholes that would be closed, he expected the amendments to be completed by the end of the year.