[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.]
Dear friend,
The Asian Human Rights Commission (AHRC) has received updated information that on 18 December 2006, the Kompong Cham provincial court released torture victim Leang Ho on bail after he was arrested by the Kompong Cham provincial court on 27 November 2006. Leang Ho had been arrested while attempting to file a complaint against two state officials who subjected the 45 year-old victim to torture (See further: UP-217-2006). Although the victim had originally been denied bail by Judge Sim Kouch of the Kompong Cham provincial court, his lawyer appealed before Kompong Cham court prosecutor Penh Vibol who then agreed to release the victim and confirmed that the case was a civil matter. It is clear that Leang Ho’s original denial of bail lacked any legal basis and was ordered purely on the judge’s personal opinion.
UPDATED INFORMATION:
On 6 December 2006, Leang Ho’s lawyer Chit Sarith requested a 500,000 Riel (USD 130) bail for his client before the investigating Judge Sim Kouch of Kompong Cham provincial court. In the Cambodia legal system, a court must provide a final judgment within five days after a bail hearing. Six days later on December 12, Judge Sim Kouch regrettably denied Leang Ho bail. The following day, Leang Ho’s lawyer went to the Phnom Penh in order to appeal Leang Ho’s case before the Appeal Court. Kompong Cham court prosecutor Penh Vibol re-examined the case and told Leang Ho’s lawyer that he had sufficient grounds to request bail. Then on December 18, the Kompong Cham court prosecutor agreed to release Leang Ho claiming that the case had become a civil matter.
In light of the above, the AHRC has continued investigating this case and has contacted those involved. When the AHRC questioned Judge Sim Kouch regarding his decision, he claimed that after Leang Ho was released, he had signed documents in front of the court and his families that dropped his complaint filed complaint against the alleged perpetrator Chor Hay (the police officer) after he was released. He went on to say that Chor Hay also dropped the counter charges filed against Leang Ho. Judge Sim Kouch then said that he will issue the final official decision to discharge Leang Ho soon and that he intended to dismiss the arrest warrants laid against the Leang Ho’s two witnesses, suggesting that the case will be closed (See further: UP-225-2006).
However, according to the Kompong Cham provincial court prosecutor Penh Vibol, this case cannot be dismissed because the court is still investigating the alleged perpetrators identified in Leang Ho’s original complaint.
Leang Ho’s lawyer Mr Chit Sarith has also opposed Judge Sim Kouch’s statement saying that the justice is incorporating his personal ideas into evidence which must be indisputably unofficially and unacceptable. Chit Sarith added that Judge Sim Kouch had spoken and requested during the bail hearing that Leang Ho and Chor Hay should sign a statement and drop the complaint against each other.
However, Chit Sarith had denied Sim Kouch’s request. Chit Sarith noted that his client had not yet found justice and that he demanded that justice be as clear as black or white. He added that the case will not end if justice is not found for his client. He went on to say that Court Prosecutor Penh Vibol also disagreed with the Judge’s decision and that he would continue to investigate and process the case because he still has Leang Ho’s complaint.
BACKGROUND INFORMATION:
Leang Ho was arrested after he went to court to file a complaint against two state officers after his first complaint had never been investigated. The Kompong Cham provincial authority allegedly told Leang Ho that he had in fact been the one responsible for assaulting the alleged perpetrators when he beat the police officer Chor Hay and military officer Sambat when he was drunk. The Kompong Cham provincial governor Hun Neng who is the brother of Prime Minister Hun Sen and was interviewed by Radio Free Asia has also allegedly accused Leang Ho of being drunk and beating Chor Hay. The Kompong Cham police then arrested Leang Ho on the orders of Governor Hun Neng (See further: UA-355-2006 and UP-217-2006).
The AHRC is pleased to hear that the Kompong Cham provincial court has given bail to Leang Ho and that the Kompong Cham court prosecutor Penh Vibol will take further action in investigating Leang Ho’s filed complaint. The AHRC hopes that the Kompong Cham provincial court will conduct a prompt inquiry and stand independent in this case in order to find justice for the victim. The AHRC also urges the Cambodian government to order the Kompong Cham authority to immediately investigate the alleged perpetrators in order to bring them before court.
Finally, it is essential that judges base their decisions on the rule of law and not their own personal ideas. Therefore, the AHRC demands that an independent investigation is conducted on Judge Sim Kouch in order to determine whether his court’s decision was indeed based in accordance with the law. If it is found that he has ignored crucial evidence and in doing so has denied the victim his legal rights, he must face appropriate repercussions.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to inquire about the arbitrary detention and denial of bail of the victim and take action against those responsible. Please also urge them to inquire about the victim’s torture and take strong action against the alleged torture perpetrators.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
CAMBODIA: Torture victim released on bail but charges against him still remain and no investigation has yet to start
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: Physically assauted by police and military officers on 28 October 2006 and arbitrarily arrested by the police on November 27 while trying to file a case against torture perpetrators
Place of incident: Thmey Kandal village, Preah Theat commune, Oraing Ov district, Kompong Cham province
I am writing to express my appreciation towards the Kompong Cham provincial court that ruled in favor of granting bail to 45 year-old torture victim Leang Ho on 18 December 2006. The victim was arrested by the Kompong Cham provincial court on 27 November 2006, while attempting to file a case against two torture perpetrators. However, I would also like to express my grave concern over the handling of Leang Ho’s first bail hearing where it appears that the presiding judge used his personal opinion to pass a ruling and did not act in accordance with legal procedure.
According to the information I have received, on 6 December 2006, Leang Ho’s lawyer Chit Sarith requested a 50,0000 Reil (USD 130) bail for his client before investigating Judge Sim Kouch of Kompong Cham provincial court. In the Cambodia legal system, a court must provide a final judgment within five days after a bail hearing. Six days later on December 12, Judge Sim Kouch regrettably denied Leang Ho bail. The following day, Leang Ho’s lawyer went to the Phnom Penh in order to appeal Leang Ho’s case before the Appeal Court. Kompong Cham court prosecutor Penh Vibol re-examined the case and told Leang Ho’s lawyer that he had sufficient grounds to request bail. Then on December 18, the Kompong Cham court prosecutor agreed to release Leang Ho claiming that the case had become a civil matter.
In light of the above, I have learned that the Asian Human Rights Commission (AHRC) continued investigating this case and has contacted those involved. When the AHRC questioned Judge Sim Kouch regarding his decision, he claimed that after Leang Ho was released, he had signed documents in front of the court and his families that dropped his complaint filed complaint against the alleged perpetrator Chor Hay (the police officer) after he was released. He went on to say that Chor Hay also dropped the counter charges filed against Leang Ho. Judge Sim Kouch then said that he will issue the final official decision to free Leang Ho soon and that he intended to dismiss the arrest warrants laid against the Leang Ho’s two witnesses, suggesting that the case will be closed.
However, according to the Kompong Cham provincial court prosecutor Penh Vibol, this case cannot be dismissed because the court is still investigating the alleged perpetrators identified in Leang Ho’s original complaint. I also understand that Leang Ho’s lawyer Mr Chit Sarith has opposed Judge Sim Kouch’s statement saying that the justice is incorporating his personal ideas into evidence which must be indisputably unofficially and unacceptable. Chit Sarith added that Judge Sim Kouch had spoken and requested during the bail hearing that Leang Ho and Chor Hay should sign a statement and drop the complaint against each other.
I have also learned that Chit Sarith had denied Sim Kouch’s request. Chit Sarith noted that his client had not yet found justice and that he demanded that justice be as clear as black or white. He added that the case will not end if justice is not found for his client. He went on to say that Court Prosecutor Penh Vibol also disagreed with the Judge’s decision and that he would continue to investigate and process the case because he still has Leang Ho’s complaint
I am happy to hear that the Kompong Cham provincial court has given bail for Leang Ho and that Kompong Cham court prosecutor Penh Vibol will continue to follow-up on Leang Ho’s complaint. However, I hope that the Kompong Cham provincial court can conduct a prompt inquiry and stand independent in this case in order to find justice for the victim. The charges against Leang Ho should be withdrawn as well.
I must also mention that it is essential that judges base their decisions on the rule of law and not their own personal ideas. Therefore, I ask that an independent investigation is conducted on Judge Sim Kouch in order to determine whether his court’s decision was indeed based in accordance with the law. If it is found that he has ignored crucial evidence and in doing so has denied the victim his legal right’s, he must face appropriate repercussions.
Yours sincerely,
———————–
PLEASE SEND YOUR LETTER 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 General
Court 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. Justice Plang Chhlam
Kompong Cham Provincial Court
Village 7, Kompong Cham commune,
Kompong Cham district,
Kompong Cham province,
CAMBODIA
Tel: +855 12 675 888
7. Mr. Noun Samin
Police Commissioner of Kompong Cham
Village 7, Kompong Cham commune,
Kompong Cham district,
Kompong Cham province,
CAMBODIA
Tel: +855 12 828 179
Fax: +855 42 941 232
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. 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)
11. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
