Dear friends,
The Asian Human Rights Commission (AHRC) has received information about a case in which a policeman shot an drunken farmer in the groin during a house call. The victim and his family have accepted US$1000 from the officer in return for not lodging a criminal case against him. However the use of settlements to bypass criminal procedure in Cambodia is damaging to the country’s rule of law, and leaves civilians more vulnerable to abuse.
CASE DETAILS:
According to our sources, 24 year-old farmer, Chey Vannak, was shot by commune policeman Chin Dul on 4 September 2009, while the officer was trying to intervene in a domestic dispute. Vannak was allegedly drunk, threatening his wife and causing damage to his house in Prich village, Kampot province.
The area’s police chief, Em Sokha reported that Officer Dul opened fire after Vannak tried to attack him with a long knife (a local tool used to cut banana trees and grass). Vannak is being treated for his injuries at Kampot provincial hospital.
However it must be asked whether the force used by the police officer was in proportion to the threat posed. The victim is badly injured and since there is enough evidence for a case, it must go through the criminal courts and be tried. This is the only way to decide whether the officer should be held accountable. Instead the officer has reportedly offered the victim’s family US$1000 to not file a criminal case against him, and the family has reportedly accepted the money.
This is a common way of dealing with crime in Cambodia and as a result, many important cases never make it to the courts. It is widely thought to be a fair way to reconcile a wrong, and indeed this can be true regarding civil damages. But by not following legal procedure in a criminal case, victims leave themselves vulnerable; the terms of their agreement can easily be abused. Victims who do want redress can be pushed into a settlement and those who violate rights can continue, confident that they can buy their way out of trouble.
This case needs to be taken through the courts so that its cause can be investigated. It may be decided that officers in this district need further training so that they can respond to attacks with non-lethal measures.
But also, where extra-judicial settlements are common a culture of impunity and corruption tends to develop. Of all the problems facing Cambodia at the moment, this is the worst. Perpetrators in similar past cases sometimes police officers have arranged for criminal charges to be downgraded to civil damages, and this is not acceptable. When officers are not made legally accountable for a crime, the wrong message is sent to the public and those working in the judicial system become demoralised. Justice is not something that can be bought and sold.
SUGGESTED ACTION:
Please write to the officials below asking them to ensure that Chin Dul is legally tried for the shooting of Chey Vannak, and to make all efforts to end out of court settlements for criminal cases in Cambodia.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ____________,
Re: CAMBODIA: Justice is traded in Kampot after a police shooting
Name of the victim:
Chey Vannak, 24; married; a farmer living in Prich village, Boeng Nimol commune, Chhouk district, Kampot province.
Alleged perpetrators:
Chim dul, 45; a commune policeman in Boeng Nimol, Chhouk district, Kampot province.
Date of incident: 4 September, 2009.
Place of incident: Prich village, Boeng Nimol commune, Chhouk district, Kampot province.
I am writing to express my concern about a case in which a policeman shot an aggressive farmer during a house call, but may not face a criminal trial.
I am told that Chey Vannak was shot by commune policeman Chin Dul on 4 September 2009, while the officer was trying to intervene in a domestic dispute. Vannak was allegedly drunk, threatening his wife and causing damage to his house in Prich village. Officer Dul reportedly opened fire after Vannak tried to attack him with a long knife (a local tool used to cut banana trees and grass). Vannak is being treated for his injuries at Kampot provincial hospital.
The first question should be whether the force used by the police officer was in proportion to the threat posed. The victim is badly injured and since there is enough evidence for a case it must go through the criminal courts and be tried. This is the only way to decide whether the officer should be held accountable. But instead the officer has reportedly offered the victim’s family US$1000 to not file a criminal case against him. The family has reportedly agreed and accepted it.
This is a common way of dealing with cases in Cambodia and it keeps many from ever reaching the courts. It is widely thought to be a fair form of reconciliation, and indeed it can be with regard to civil damages. But by not following legal procedure in a criminal case, victims leave themselves vulnerable; the terms of their agreement can easily be abused. Victims who do want redress can be pushed into a settlement and those who violate rights can continue, confident that they can buy their way out of trouble.
This case needs to be taken through the courts so that the reasons for its occurrence can be investigated. It may be decided that officers in this district need further training so that they can respond to attacks with non-lethal measures.
I kindly request that you ensure that Officer Dul is legally tried for the shooting of Chey Vannak, and to make all efforts to end out of court settlements for criminal cases in Cambodia. Extra-judicial settlements simply promote a culture of impunity and corruption. When officers are not made legally accountable for a crime, the wrong message is sent to the public and it only serves to demoralize those working in the judicial system. Justice is not something that can be bought and sold.
Your sincerely,
_______
PLEASE SEND YOUR LETTERS TO:
1. Mr. Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
CAMBODIA
Fax: +855 23 36 0666
Tel: +855 2321 9898
E-mail: cabinet1b@camnet.com.kh
2. Mr. Sar Kheng
Deputy-Prime Minister
Minister of Ministry of Interior
No.275 Norodom Blvd.,
Phnom Penh, CAMBODIA
Fax/phone: +855 23 721905/23 726052/23 721190
E-Mail: info@interior.gov.kh
3. Mr. Ang Vong Vathna
Minister of Justice
No 240, Sothearos Blvd.
Phnom Penh, CAMBODIA
Fax: +855 23 36 4119 / 21 6622
E-mail: moj@cambodia.gov.kh
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
