CAMBODIA: Prosecutor’s contempt for human rights calls for action against him

On 22 February 2008 the deputy prosecutor attached to Phnom Penh Court named Hing Bunchea led a police force to execute the Supreme Court’s order to evict 23 families in Banla Saet village, Khmuonh commune, Russey Keo district, Phnom Penh. Hing used a police force of 500 men armed with assault and other rifles, batons, shields and tear gas grenades. He also used two excavators to demolish houses. He cordoned off the area, putting it off limits to all outsiders. In this eviction the police demolished all homes, destroyed all house belongings and a car, fired over 20 tear gas grenades and many gun shots into the air. Many evictees were beaten. Seven evictees were knocked unconscious or suffered fractured limbs or head injuries. Eleven others were arrested.

Around 8AM a human rights defender named Ouch Leng, 33, from a human rights NGO named ADHOC, was arrested when he was taking photographs of the demolition of houses and police assault on and arrest of evictees. Ouch was then brought to Hing who was on the eviction site.

Hing took away Ouch’s press pass and work ID card and said that he had come to the site without any permission and had taken photographs without authorization from the police. Hing then looked at the pictures on Ouch’s camera and ordered a police officer named Phen Vannak from the crime investigation bureau of the Ministry of Interior to destroy all those pictures. Hing asserted that Ouch had taken only negative photographs of scenes of demolition and not of evictees’ violence against the police. He accused Ouch of being biased in favour of bad people who had come to occupy land belonging to others.

Hing violated press freedom when he detained Ouch who is a registered journalist and human rights defender when he detained Ouch and ordered the destruction of the pictures he had taken, But Hing openly said he recognized and respected no human rights; he simply executed the Supreme Court’s order. He then sarcastically urged Ouch to go ahead reporting his contempt for human rights. He added that he did not care about any human rights abuses. Both Hing and Phen made scornful remarks against human rights organizations and their neutrality, and threatened to arrest human rights workers to prevent them form continuing their work.

Ouch Leng had been detained at the eviction site until 10AM before he was given back his camera and set free, only after many human rights defenders from different NGOs and especially those from the field office of the UN High Commissioner for Human Rights arrived at the scene.

Hing Buntha’s apparent approval of the violations of the rights of those 23 families when they were assaulted and their properties destroyed by the police under his command, and his open contempt for human rights, all are unbefitting of his position as a prosecutor whose one duty is to protect human rights according to article 128 of Cambodia’s constitution.  Hing has defied Cambodia’s international human rights obligations for the observance of and respect for human rights and for support for its citizens’ activities for the promotion and protection of human rights under the Paris Peace Agreements that had ended the war in Cambodia in 1991.

Hing’s conduct affects the rights and freedoms of the Cambodian people and tarnishes further the already bad image of the Cambodian judiciary and will do nothing to win public trust and confidence for it at all.  The Supreme Council of the Magistracy which is the supreme judicial body responsible for the conduct of all judges and prosecutors should immediately conduct an investigation into the conduct of Deputy Prosecutor Hing Bunchea and take action against him.

Document Type : Statement
Document ID : AHRC-STM-060-2008
Countries : Cambodia,