CAMBODIA: Police assault a man in Battambang province

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-227-2008
ISSUES: Corruption, Inhuman & degrading treatment, Police negligence, Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that seven police officers assaulted a man and his daughter when they arrested him near a garden in Battambang city, Battambang province on October 2, 2008. He was severely injured due to the beatings and when he was brought to the hospital, the police forced a doctor to fabricate the medical report.

CASE DETAILS: (Based on the information received from Heng Say Hong, LICADHO human Rights NGO, Battambang)

At 8pm on October 2, Ros Sitha, selling fresh sugar cane juice, stopped his hawker’s cart to serve a customer. This was in a garden named Sar Kheng Garden in Rumcheck IV village, Rattanak commune, Battambang district, Battambang province. There were other street venders in the same place also hawking and selling food and beverages.

Suddenly, as Ros began to serve his customer, a group of seven police officers, the leader of whom was armed with a pistol, seized his motorcycle-cart together with all the equipment on it. They loaded all of it into their truck.

Ros refused to let go of his belongings and a struggle ensued. Kha Khauy, the police team leader, punched Ros in the face several times. When Ros fell down, he kicked him on his left side. Ros’s daughter Ros Sa-ang, 18, who was with her father, was then grabbed by yet another police officer and had her arm twisted to prevent her from helping her father. Other hawkers came to their assistance but were turned back by the police.

The police subdued Ros and took him together with his cart, equipment and sugar cane sticks to the headquarters in the district of Battambang.  Ros was crying because of the acute pain on the left side of his chest. When they realized that Ros had sustained serious injuries they sent him for medical treatment at a charity hospital called Emergency. They told the doctor that Ros was drunk, had fallen from a vehicle and was arrested for the second time for drunkenness. They ordered the doctor to cite these things in his statement on Ros’s injuries.

Ros was released after being examined. In the morning, still suffering from the same severe chest, he went to a private clinic in town. An X-ray revealed that one of his ribs on the left side was fractured.

ADDITIONAL INFORMATION:

In early September 2008 the Battambang district authorities convened a meeting with street venders doing their trade in and about Sar Kheng Garden. They ordered them to end their trade there so that public order and tidiness could be sustained in the garden area. The seven police officers apparently went to enforce this order. However, since there were still venders around the garden on the night of 2 October, enforcement was ineffective. Furthermore, a local newspaper wrote that the order from the district authorities was used by the police “to arrest venders to extort bribes” from them.

SUGGESTED ACTION:
Please write letters to the authorities below, requesting them to investigate this police brutality againt Ros Sitha and his daughter. Ask that action be taken against the perpetrators and deploy other effective measures to prevent such brutality in the future.

Please be informed that the AHRC has also written a separate letter 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 intervention in this case.

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

SAMPLE LETTER

Dear_______ ,

CAMBODIA: Police assault a man in Battambang province

Names of victim: Ros Sitha, 48, a sugar cane juice hawker; his daughter Ros Sa-ang, 18, Rumcheck IV village, Rattanak commune, Battambang district, Battambang province
Names of alleged perpetrators: Kha Khauy, police lieutenant, and other six police officers of the Battambang district police
Scene of incident: Sar Kheng Garden, Rumcheck IV village, Battambang district
Date of incident: at 8pm on 2 October 2008

I am writing to express my deep concern over a brutal assault by seven police officers on a hawker and his daughter in Sar Kheng Garden, on 2 October 2008.

According to the information that I have received, at around 8pm on that day, Ros Sitha, 48, a hawker selling fresh sugar cane juice stopped his cart to serve a customer in the garden where other street venders were also selling food and beverages.

Suddenly, as Rose began to serve his customer, seven police officers, the leader of whom was armed with a pistol, seized Ros’s motorcycle cart together with all the equipment on it. They loaded it all into their truck. Ros refused to let go of his belongings. A struggle ensued in which Kha Khauy, the police team leader, punched Ros in the face several times. When Ros fell down, he kicked him on his left side.  Ros’s daughter Ros Sa-ang, 18, who was with her father was grabbed by yet another police officer who twisted her arm to prevent her from helping her father. Other hawkers also came to their assistance but were turned away by the police.

The police subdued Ros and took him, together with his cart, equipment and sugar cane sticks to headquarters in the Battambang district. There Ros was crying out because of the acute pain on the left side of his chest. When they realized that Ros had sustained serious injuries the police sent him to a charity hospital called Emergency for treatment. There they told the doctor that Ros was drunk, had fallen from a vehicle and was arrested for the second time for drunkenness. They ordered the doctor to cite these things in his medical statement on Ros’s injuries.

Ros was released after being examined. In the morning, still continuing to have severe chest pain, he went to a private clinic in town. An X-ray, revealed that one of his ribs on the left side was fractured.

I therefore request you to investigate this brutal police treatment of Ros Sitha, and take action against the perpetrators and deploy other effective measures to prevent such brutality in the future.

I trust you will consider my above request in a positive light.

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-227-2008
Countries : Cambodia,
Issues : Corruption, Inhuman & degrading treatment, Police negligence, Police violence,