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CAMBODIA: Two men seriously assaulted and another man shot by men alleged to be police officers

November 8, 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 Cambodian authorities are attached below with this appeal. Thank you.]

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

8 November 2006
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UA-362-2006: CAMBODIA: Two men seriously assaulted and another man shot by men alleged to be police officers

CAMBODIA: use of illegal weapon; torture; corruption; impunity; abuse of power
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Dear friends,

The Asian Human Right Commission (AHRC) has received information of the brutal assault and shooting of three men on 31 October 2006 in the north of Central Market (Phsa Thmey) in Phnom Penh, Cambodia by a tycoon's bodyguards.  The incident took place due to a small traffic accident between the two concerned parties. The alleged perpetrators are believed as police officers as they were in a Jeep bearing a police license plate number. None of them have yet been identified nor arrested due to inaction of the police and prosecutors.

According to the information we have received, a Suzuki Viva motorbike carrying three men who work as security guards in a Khmer Security private company collided with a luxury Mercedes Benz in the north of Central Market (Phsa Thmey) in Phnom Penh, Cambodia at around 8:30pm on 31 October 2006. After the minor accident happened the luxury Mercedes vehicle did not stop but the four bodyguards following in a Jeep bearing police license plate number 02 23 proceeded to pistol-whip the three men and started assaulting them in public.

Furthermore, one of the three men, Sin Sinan, 24, working for the Khmer Security company, received a serious gun shot wound in the back. Nheim Vesna, 22, was beaten bloody by the four bodyguards. Nheim Sothearith, 27, was injured too. The bodyguards then left the scene in the Jeep. After they had left the Daun Penh district police arrived at the scene and took the victims to the near by Tong Sing hospital.

On the following day, 1 November 2006, the victims left the Tong Sing hospital without informing the local human right investigators, police or journalists. They seem seriously afraid to cooperate with the police or the human rights group.

To date, none of the alleged perpetrators have been identified and arrested by the police. In fact, the investigation has never been conducted. The AHRC was informed that it should not be difficult for the police to identify and arrest the alleged perpetrators as they have information of the vehicle's plate number. It is believed that the police or prosecutor does not dare to investigate because the Jeep bore a police license plate and was guarding a luxury Mercedes vehicle that may belong to a politician, high-rank government official or other influential figure. It is a common feature in Cambodia that the police officers do bodyguard jobs for the politicians, high-rank government officials, or even businessmen, although this is clearly out of their mandate. 

In such a serious criminal case, the Cambodian general prosecutor or the municipal court prosecutor must launch an independent, effective and thorough investigation in this incident immediately and bring the alleged perpetrators to justice. Adequate medical treatment should be provided to the three victims as well. Persons illegally using fire arms and weapons must be strictly punished by law so that the related crimes are effectively controlled.

Besides, if the person (owner), who was in luxury Mercedes Benz, is identified as a politician or government official, he also bears the moral responsibility in his failure to supervise his bodyguards. 


SUGGESTED ACTION:
Please write to the relevant Cambodian authorities listed below and express your deep concern about this serious case. Please urge them to take action to ensure that an independent and thorough investigation is conducted into the incident and that the alleged perpetrators are identified and prosecuted accordingly. 

To support this appeal please click:

Sample letter:

Dear ________,

CAMBODIA: Two men seriously assaulted and another man shot by men who are alleged to be policemen

Name of victims:
1. Sin Sinan, aged 24, an employee at Khmer Security Company, Phnom Penh, seriously wounded by gun shot
2. Nheim Vesna, aged 22, victim 1's colleague, seriously assaulted
3. Nheim Sothearith, aged 27, victim 1's colleague, seriously assaulted
Alleged perpetrators: Unidentified four men who are alleged to be policemen
Date of incident: 31 October 2006
Place of incident:  Street no. 126 north of Central market in Sangkat Phsa Thmey I, Khan Daun Penh, Phnom Penh, Cambodia

I am writing to reveal my deep concern over a blatant assault of the three men mentioned above by the four unidentified men who are alleged to be policemen on 31 October 2006. One of the victims sustained a gunshot wound while the other two were seriously injured due to the assault.

According to the information I have received, a Suzuki Viva motorbike carrying the three victims collided with a luxury Mercedes Benz in the north of central market (Phsa Thmey) point on the street number 126 in Sangkat Phsa Thmei I, Khann Daun Penh, Phnom Penh, Cambodia at 8: 30 pm on 31 October 2006. After a minor accident happened, the luxury Mercedes vehicle did not stop but the four bodyguards in a Jeep following behind (bearing a police license plate number 02 23) severely assaulted the three victims with their weapons in public. One of the victims, Sin Sinan, 24, was even shot once in the back and seriously wounded and Nheim Vesna, 22, and Nheim Sothearith, 27, were severely injured. The victims were taken to Tong Sing hospital by the Daun Penh district police but on the following day on November 1, they left the hospital without informing anyone due to fear.

The alleged perpetrators are believed to be policemen because it is common feature in Cambodia that the police officers work as bodyguards for the politicians, high-rank government officials, or even businessmen, although this is out of their mandate.

I was also informed that to date the investigation has never been conducted in this incident, even though it should not be difficult to identify and arrest the alleged perpetrators by the police as they have information of the vehicle plate number. In such a serious criminal case, the Cambodian general prosecutor or the municipal court prosecutor must have launched an independent, effective and thorough investigation immediately but they failed to do so. As a result, none of the alleged perpetrators have been identified and arrested by the police. It is believed that the police or prosecutor do not dare to investigate because the Jeep bore a police license plate and guarded a luxury Mercedes vehicle that may belong to a politician, high-rank government official or other influential figure.

I therefore strongly urge you to order an immediate and thorough investigation into the incident, identify the alleged perpetrators and bring them before court as soon as possible. The Cambodian general prosecutor or the municipal court prosecutor must intervene into this matter and conduct an investigation. I also urge you to ensure that adequate medical treatment should be provided to the three victims as well. I further urge you to ensure that persons illegally using fire arms and weapons must be strictly punished by law so that the related crimes are effectively controlled.

Besides, if the person (owner), who was in luxury Mercedes Benz, is identified as a politician or government official, he should also bear moral responsibility in the failure of supervising his bodyguards. 

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. Uk Savuth
Prosecutor of Phnom Penh municipal court
No. 31, Monireth (St. 217), corner street 213,
Phnom Penh,
CAMBODIA
Tel: +855 12 910 938

8. 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

9. 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)

10. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10,
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)


Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
UA-362-2006
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.