CAMBODIA: Police Captain assaults a boy at a border crossing in Banteay Meanchey province

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-256-2008
ISSUES: Impunity, Police violence,

Dear friends, 

The Asian Human Rights Commission (AHRC) has learned that a police captain named Ros Man assaulted and kicked a 14-old boy named Pheak Vuthy with his boots. This occurred when he arrested him during a protest by traders against the levy of a fee on 26 November 2008 at the border post of Poipet in Banteay Meanchey province. Pheak suffered severe pain in the head and body as a result of this assault. 

CASE DETAILS

On November 26 about 10:30am more than 200 traders and goods porters staged a protest against the levy of a fee of 1.5 baht (1500 riels or just under USD 0.04) per kiliogramme on goods transported to the Thai market. This market was on the other side of the Cambodian-Thai border crossing of Poipet, O Chroeu district, Banteay Meanchey province. A confrontation then erupted between the protesters and a mixed police presence of 50 men taken from different units. 

A 14-old boy named Pheak Vuthy, a student, joined in the protest with his mother and, along with other protesters, shouted protests against the fee. At this moment, a police captain named Ros Man rushed towards him, arrested him, beat him, kicking him twice with his boots. This took place in full view of the protesters while he was taking him to the police post some five meters away from the scene. A medical officer intervened to free the boy and Ros slipped quietly away. 

Pheak suffered severe pain in the head and body as a result of the beating and kicking he had received. 

ADDITIONAL INFORMATION

Poipet crossing is a bustling trading post where the bulk of the trade between Thailand and Cambodia crosses. The Thai baht is the currency most used in the area. 

A company named Chhouk Lon Export-Import Enterprise claimed that it had been awarded a concession from the Banteay Meanchey provincial authorities to levy a fee of 150 riels (under USD 0.04) per kilogramme on goods transported to the Thai market just on the other side of the border. These goods are transported on carts pulled by porters. 

A deputy provincial denied any knowledge of that concession. But Lim Taing Por, the owner of Chhouk Lon Export-Import Enterprise, claimed his company is mandated to establish an orderly export of goods from Cambodia. The levy of such a fee on exports and imports is normal “across Cambodia and the world”, he said. However, the affected traders claimed they already had a license from the Ministry of Trade to conduct their business and should not be made to pay that fee. 

The timing of the levy of this particular fee seems odd. Odd because at almost the exact same time, to help exports, the Cambodian government reduced by 10 percent the fees on garment exports. And furthermore, they offered to issue fee-free passports to workers going to work abroad. 

The border crossing police collaborated with the company to enforce the levy of the fee for the company from 24 November 2008. This levy angered the traders and porters and sparked off the protest. 

When he assaulted Pheak Vuthy, Police Captain Ros Man violated the Code of Conduct for Law Enforcement Officials which is incorporated in the Cambodian criminal law. Under article 2, the Code states: “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.” 

SUGGESTED ACTION
Please write letters to the authorities listed below requesting them to investigate the assault of Pheak Vuthy and take action against Police officer Ros Man. 

Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on the Question of Torture and the Special Representative for human rights in Cambodia and the OHCHR in Cambodia calling for intervention in this case.

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

SAMPLE LETTER

Dear ______, 

CAMBODIA: Police Captain assaults a boy at a border crossing in Banteay Meanchey province 

Name of victim: Pheak Vuthy, 14, goods cart puller, Poipet commune, O Chroeu district, Banteay Meanchey province 
Name of perpetrator: Ros Man, police captain, border crossing post, Poipet commune, O Chroeu district, Banteay Meanchey province. 

I am writing to express my deep concern relating to the assault by a police captain named Ros Man on a 14-old boy named Pheak Vuthy. He beat him and kicked him with his boots after he arrested him on 26 November 2006 at the border crossing of Poipet in Banteay Meanchey province. 

That day about 10:30am over 200 traders and goods porters staged a protest. They objected to the border crossing police’s levy of 1.5 Thai baht (equivalent of 150 riels or just under USD 0.04) per kilogramme on goods transported to the Thai market at the Cambodian-Thai border crossing of Poipet, O Chroeu district, Banteay Meanchey province. As a result of this levy, a confrontation erupted between the protesters and a police presence of some 50 men from various units. 

I have been informed that the border crossing police collaborated with Chhouk Lon Export-Import Enterprise to enforce this new levy from 24 November 2008. In fact, this company had dubiously been granted a concession by the Banteay Meanchey provincial authorities to establish an orderly export system and levy a fee. This levy angered the traders and porters and sparked off their protest. 

A 14-old boy named Pheak Vuthy, a student, joined in the protest with his mother and, along with other protesters, shouted protests against the fee. At this point, a police officer named Ros Man rushed towards him, arrested him, beat him, kicking him twice with his boots in full view of the protesters. This took place while Ros was taking him to the police post just some five meters away from the scene. Thanks to the intervention of a medical officer, the boy was freed and Ros slipped quietly away. 

Pheak suffered severe pain in the head and body as a result of the beating and kicking he had received. 

I therefore urge you to investigate the assault of Pheak Vuthy and take action against Police Captain Ros Man for his breach of the Code of Conduct for Law Enforcement Officials incorporated in the Cambodian criminal law. 

I trust you will positively consider my above request. 

Yours sincerely, 

———— 

PLEASE SEND YOU 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. Henro Raken 
Prosecutor-General 
Court of Appeal 
No 240, Sothearos Blvd. 
Phnom Penh 
CAMBODIA 
Fax: +855 23 21 66 22; +855 23 21 63 22 
Tel: +855 11 86 27 70 

4. 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 

5. General Neth Savoeun 
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-256-2008
Countries : Cambodia,
Issues : Impunity, Police violence,