CAMBODIA: Police fail to arrest persons who mutilated the fingers of an alleged thief in Banteay province

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-207-2008
ISSUES: Police negligence, Police violence, Right to remedy,

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a group of villagers had badly beaten a teenager named San Seng, aged 18. They cut off two fingers on his left hand for allegedly stealing two mobile phone sets on 9 September 2008 in Palilay village, Poipet commune, O Chreou district, Banteay Meanchey province. The alleged thief has been arrested and brought to justice while none of his attackers has been arrested.

CASE DETAILS:

According to information received, on 9 September 2008 about  5:30pm, San Seng alias Loeut, aged 18, together with another youth named Nang allegedly went to steal two cell phone sets in a house in Palilay village, Poipet commune, O Chreou district, Banteay province, in northwestern Cambodia, near the Thai border.  The owner of the house, Sao Try, aged 26, was away for a short while. But Sao returned just when the two were about to run away with the stolen goods. Sao immediately set out in pursuit, shouting “Thief! Thief!”

Nang made off with the goods. Between 70 and 80 villagers, responding to Sao’s cries, grabbed hold of San Seng, pounding him, and beating him severely using fists, feet and sticks. They then cut off two of the fingers on his left hand. The police arrived at the scene some time later and arrested San Seng. He was taken to the police station where he received treatment for his injuries.The Police got a confession from him and brought him before the province’s public prosecutor for indictment. However, none of villagers who attacked San Seng were investigated

ADDITIONAL INFORMATION:

San Seng had no fixed address, living roughly in the streets, when he was arrested. He was seen scavenging for scraps to sell to sustain himself. He associated with Nang who took him to steal the phone sets.

ADDITIONAL COMMENTS:

This is yet another case where people have taken the law into their own hands. They punish alleged offenders by beating them and mutilating parts of their bodies. Last March, in Kompong Cham province, the owner of a car repair shop, together with two of his employees, cut off the thumbs and big toes of his third employee for alleging abusing the owner’s trust. This employee with permission borrowed his employer’s motorbike to enjoy a leave of absence in his home village. He overstayed his leave and was punished by mutilation of hands and feet upon returning to work.

SUGGESTED ACTION:
Please write your letters to the authorities listed below to request them to take action against San Seng’s attackers and other measures to prevent people from taking the law in their own hands.

Please be informed that the AHRC has also written separate letters to the UN Special Rapporteur on the Question of Torture, Special Representative of the Secretary-General of human rights in Cambodia and OHCHR in Cambodia calling for an intervention in this case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear______,

CAMBODIA: Police fail to arrest persons who mutilated the fingers of an alleged thief in Banteay province

Name of victim: San Seng alias Loeut, aged 18, no fixed address but known to be living in Poipet commune, O Chreou district, Banteay Meanchey province; beaten up and two fingers cut off his left hand by villagers in Palilay village, Poipet commune, O Chreou district, Banteay Meanchey province on 9 September 2008

I am writing to express my deep concern regarding the failure to thoroughly investigate the case of San Seng who was caught by villagers on suspicion of being a thief.

According to the information that I have received, a group of about 70 to 80 villagers had severely beaten a teenager named San Seng, aged 18, and cut off two of the fingers of his left hand. He allegedly stole two mobile phone sets with another youth named Nang, on 9 September 2008 in Palilay village, Poipet commune, O Chreou district, Banteay Meanchey province.

Nang made off with the stolen goods, but San was arrested and brought to justice while not one of his attackers has even been investigated or arrested.

I find it horrific that in Cambodia, which is supposed to be governed by the rule of law, people have been allowed to take the law into their own hands. They resorted to such barbarity as the beating of alleged offenders and mutilation of their limbs. And they have gotten away with these crimes. In addition, a thorough investigation has not been conducted into this case. It had already been reported to the authorities concerned but so far, the government has failed to make even a preliminary inquiry into the facts resulting in a failure to prosecute and punish.

I therefore urge you to immediately investigate the attack on San Seng and the mutilation of his fingers, and bring his attackers to justice. I also urge you to take measures to prevent such future mob rule and ensuing barbarity. These measures may include mass education in the rule of law and exhortation of the people not to use unnecessary force against alleged offenders. But, after having caught any offenders, take them instead to the police so that they could be punished according to the law.

I trust that you will positively consider my above requests.

Yours 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 Interior
No.275 Norodom Blvd., Phnom Penh 
CAMBODIA
Fax/phone: +855 23 721 905 / 23 726 052 / 23 721 190 
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

4. Mr. Henro Raken
Prosecutor-General 
Court of Appeal
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: +855 23 21 66 22
Tel: +855 11 86 27 70

5. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
CAMBODIA
Fax: +855 23 22 09 52
Tel: +855 23 21 65 85

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-207-2008
Countries : Cambodia,
Issues : Police negligence, Police violence, Right to remedy,