Twist in legal fight

Written by Post staff

Friday, 26 October 2001

AN arrest warrant on charges of illegal confinement against Naly Pilorge, acting director of human rights NGO Licadho, was used by Asian Orphan's Association (AOA) lawyer Chhit Boravuth in a separate custody battle over 12 orphans seized during a September 3 raid.

The arrest warrant relates to a February case - in which AOA has no interest - when Licadho intervened over a six-year-old girl who had been beaten and whipped with electrical wire. Her adoptive mother later admitted to the crime. The woman filed suit against Licadho to regain custody of the girl, but failed.

"Licadho proceeded in the best interests of the child, proceeded legally and cooperated with all relevant authorities," Pilorge said.

AOA has been engaged in court action against Licadho on matters involving an adoption case. Boravuth showed the document to the Post and admitted he produced a copy of the summons during a custody hearing over the orphans October 15. He denied his actions were improper.

Pilorge questioned why Boravuth even had a copy of the summons.

"I'm not sure why any person would have access to a confidential document for an unrelated case. We intend to write to the president of the Bar Association about this," Pilorge said.

Bun Honn, secretary-general of the Bar Association, said that while it was permissible for Boravuth to have the document, it was unethical to show it to anyone outside the court.

But the judge in the torture case, Kong Seth, disagreed with this assessment. "This is illegal - that is not his duty. If there is a legal complaint against this, then I will investigate it."

Licadho was awarded custody of the girl in the torture case in February. The decision was later ratified by the municipal court and the Ministry of Social Affairs.