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CAMBODIA: Man seriously injured after allegedly being tortured by police and military officers

November 2, 2006

[NOTICE: The AHRC have developed a new automatic letter-sending system using the "button" below. However, in this appeal, we could not include e-mail addresses of some of the Cambodian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Cambodia authorities are attached below with this appeal. Thank you.]

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

2 November 2006
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UA-355-2006: CAMBODIA:  Man seriously injured after allegedly being tortured by police and military officers
                                                
CAMBODIA: Political discrimination; torture; corruption; impunity; dysfunctional policing
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that on 28 October 2006, a 45-year-old activist named Leang Ho, who is a member of the Sam Rainsy opposition party, was allegedly tortured by Preah Theat commune police officer Chor Hay and a military officer named Sambat in Thmey Kandal village, Preah Theat commune, at the Oraing Ov district, in Kompong Cham province, Cambodia.

According to the information we have received, Leang Ho (photo on the left) was walking home with his friend from the same town named Norn Ny after they left a dance in Thmey Kanal village. The men were then stopped by a drunken policemen and military officer at the halfway point. The police officer whose name is Chor Hay pointed a short gun at Leang Ho and began to beat him on the head, hitting him twice with the butt of his gun.  Chor Hay then pointed his weapon at Norn Ny who wished to help his friend. At the same time, the military officer named Sambat hit Ho's face and twisted his hand. He then brought Leang Ho to the administrative police post in Preah Theat commune.

Officer Chor Hay then handcuffed Ho immediately after they arrived at the police post. Norn Ny could not go inside to help his friend because Chor Hay and Sambat still had the pistol. Leang Ho was then reportedly beaten again on his head and face until he became unconscious. Norn Ny who followed the men to the station in Preah Theat commune screamed out loud for help. When Chor Hay and Sambat walked out of the station to stop him from screaming, Ho escaped while still handcuffed and covered in blood.

Leang Ho ran 10 km toward to a private clinic for treatment in Roka Kaung village, Mohaleap commune, Koh Sotin district, Kompong Cham province. He received 5 stitches on his head and had his injuries cared for. In particularly, the many bruises all around his face and eyes. 

The following day on October 29, Leang Ho went to his party headquarters in Phnom Penh and asked for personal security and help in dealing with the culprits. Chor Hay who is a chief of police in Preah Theat commune then threatened Leang Ho's family.  He said that he would arrest the son of Leang Ho (Ho Seanghy) who is studying in Snoul district, if the father ever returns to the village.  The police and military officer also threatened Ho if he did not remove a Sam Rainsy opposition banner from the outside of his house. 

The AHRC condemns the police and military official's alleged abuse of power and blatant attack on a minority political activist.  This is another example of Cambodian state officials torturing an innocent man and having complete disregard for the countries laws and Cambodian people's constitutional rights. This type of state imposed intimidation and savagery makes a mockery of the Cambodian justice system and must be investigated.  

Besides, it is common practice of the Cambodian police to use weapons and handcuffs illegally against people to harass and assault them. By law, these methods only can be used against criminal suspects within limited situations e.g. the attempt to escape from arresting. However, this case does not fall under these conditions.  

The AHRC urges the Cambodian government to take immediate action in bringing the perpetrators to justice and asks that the government pressure the Kompong Cham province authority to become more accountable to the victims of such crimes and to help the family received appropriate compensation for the trauma that they have obviously suffered. We also urge the Cambodian authorities to make greater efforts to ensure that gun control remains a high priority so that illegal use of weapons by the police is prohibited throughout the country.

SUGGESTED ACTION:
Please send a letter to the relevant authorities mentioned below and urge them to institute immediate remedies and conduct an investigation into the police and military officer's who are allegedly responsible for such a heinous crime against the people of Cambodia. 

To support this appeal please click:

Sample letter:

Dear ________,

CAMBODIA: Man seriously injured after allegedly being tortured by police and military officers in Kompong Cham province

Name of victim: Mr. Leang Ho, 45 years old, living in Thmey Kandal village, Preah Theat commune, Oraing Ov district, Kompong Cham province, Cambodia
Alleged perpetrators:
1. Mr. Chor Hay, Preah Theat commune police officer, Kompong Cham province
2. Mr. Sambat, Oraing Ov district military officer, Kompong Cham province
Date of incident: 28 October 2006
Place of incident: Thmey Kandal village, Preah Theat commune, Oraing Ov district, Kompong Cham province

I am writing to express my deep concern over the torture of a 45-year-old activist named Leang Ho who is a member of the Sam Rainsy opposition party, was allegedly tortured by Preah Theat commune police officer Chor Hay and a military officer named Sambat in Thmey Kandal village, Preah Theat commune, at the Oraing Ov district, in Kompong Cham province, Cambodia.

According to the information I have received, Leang Ho was walking home with his friend from the same town named Norn Ny after they left a dance in Thmey Kanal village. The men were then stopped by a drunken policemen and military officer at the halfway point. The police officer whose name is Chor Hay pointed a short gun at Leang Ho and began to beat him on the head, hitting him twice with the butt of his gun. Chor Hay then pointed his weapon at Norn Ny who wished to help his friend. At the same time, the military officer named Sambat hit Ho's face and twisted his hand.  He then brought Ho to the administrative police post in Preah Theat commune.

Officer Chor Hay then handcuffed Ho immediately after they arrived at the police post. Norn Ny could not go inside to help his friend because Chor Hay and Sambat still had the pistol. Leang Ho was then reportedly beaten again on his head and face until he became unconscious. Norn Ny who followed the men to the station in Preah Theat commune screamed out loud for help. When Chor Hay and Sambat walked out of the station to stop him from screaming, Ho escaped while still handcuffed and covered in blood.

Leang Ho ran 10 km toward to a private clinic for treatment in Roka Kaung village, Mohaleap commune, Koh Sotin district, Kompong Cham province. He received 5 stitches on his head and had his injuries cared for. In particularly, the many bruises all around his face and eyes. 

The following day on October 29, Leang Ho went to his party headquarters in Phnom Penh and asked for personal security and help in dealing with the culprits. Chor Hay who is a chief of police in Preah Theat commune then threatened Leang Ho's family.  He said that he would arrest the son of Leang Ho (Ho Seanghy) who is studying in Snoul district, if the father ever returns to the village.  The police and military officer also threatened Ho if he did not remove a Sam Rainsy opposition banner from the outside of his house. 

I would like to express my deep concern over the police and military official's alleged abuse of power as it is another example of a blatant attack on a minority political activist.  It is a shame that these Cambodian state officials have tortured an innocent man and have acted in complete disregard for the countries laws and the Cambodian people's constitutional rights. This type of state imposed intimidation and savagery makes a mockery of the Cambodian justice system and must be investigated.  

I am also concerned that the police illegally used weapons against the victim in this case, even though these methods only can be used against criminal suspects within limited situations e.g. the attempt to escape from arresting by law. I am aware that it is common practice of the Cambodian police to use weapons and handcuffs illegally against people to harass and assault them.

I therefore strongly urge you to take immediately action in bringing the perpetrators to justice and direct the Kompong Cham province authority to become more accountable to the victims of such crimes and to help the family received appropriate compensation for the trauma that they have obviously suffered. I also urge the Cambodian authorities to make greater efforts to ensure that gun control remains a high priority so that illegal use of weapons by the police is prohibited throughout the country.

Sincerely yours,


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
PhnomPenh
CAMBODIA
Tel: +855 23 21 98 98
Fax: +855 23 36 06 66
E-mail: cabinet1b@camnet.com.kh 

2. Mr. Sar Kheng
Deputy Prime Minister and Minister of Interior
275 Norodom Blvd.
Phnom Penh,
CAMBODIA
Tel/fax: +855 23 72 19 05/72 6052/72 11 90
E-Mail: info@interior.gov.kh or moi@interior.gov.kh 

3. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh,
CAMBODIA
Fax: + 855 23 36 4119/21 66 22

4. Mr. Henro Raken
Prosecutor GeneralCourt of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60

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

6. Mr. Hun Neng
Governor of Kompong Cham province
Provincial cabinet
Village 7, Kompong
Cham commune, Kompong Cham district,
Kompong Cham province,
CAMBODIA
Tel: +855 12 423333
Fax: +855 42 941 241

7. Justice Plang Chhlam
Kompong Cham provincial court
Village 7, Kompong Cham commune,
Kompong Cham district,
Kompong Cham province,
CAMBODIA
Tel: +855 12 675 888

8. Mr. Noun Samin
Kompong Cham police commissioner
Village 7, Kompong Cham commune,
Kompong Cham district,
Kompong Cham province,
CAMBODIA
Tel: +855 12 828 179
Fax: +855 42 941 232

9. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights – Cambodia
N¢X 10, Street 302
Sangkat Boeng Keng
Kang I Khan Chamcar Mon
Phnom Penh,
CAMBODIA
Tel: +855-23-987 671 / 987 672, 993 590 /993 591 or +85523 216 342
 Fax: +855-23-212 579, 213 587

10. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Ms. Afarin Shahidzadeh
Room 3-080, OHCHR-UNOG
8-14 Avenue de la Paix1211
Geneva 10,
SWITZERLAND
Tel: +41 22 91 79214
Fax: +4122 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)

11. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)


Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
UA-355-2006
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.