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UPDATE (Cambodia): Torture victim arrested for trying to filing a complaint to the court

November 30, 2006

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

30 November 2006

[RE: UA-355-2006: CAMBODIA:  Man seriously injured after allegedly being tortured by police and military officers]
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UP-217-2006: CAMBODIA: Torture victim arrested for trying to filing a complaint to the court

CAMBODIA: Torture; abuse of power; corruption; impunity; dysfunctional policing
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Dear friends,

The Asian Human Rights Commission (AHRC) has learn that a torture victim was allegedly arrested by Kompong Cham provincial police officers in front of the Kompong Cham provincial court on 27 November 2006, while attempting to file a case against two torture perpetrators. We strongly condemn this arbitrarily arrest and detention of the torture victim by the Cambodian police. The police's mandate is to protect citizens' rights and assist the victims of violations to seek adequate redress. But in this case, they rather prevented the torture victim from seeking justice. We call for your urgent intervention into this matter. Please urge the Cambodian government to take strong action against those responsible for this arbitrarily arrest of the victim and also to take immediate disciplinary and legal measures against the alleged torture perpetrators.   

UPDATED INFORMATION:

At around 4:00 pm on November 27, 2006, a 45-year-old Leang Ho, the Sam Rainsey Party member, was allegedly arrested by Kompong Cham provincial police officers in front of the Kompong Cham provincial court after he tried to file an assault charge against a Preah Theat commune police officer named Chor Hay and an Oraing Ov military officer named Sambat.

According to the information we have received, Leang Ho was arrested after he went to the court to file a second complaint against those officers mentioned above after his first complaint had never been investigated. The Kompong Cham provincial authority allegedly told Leang Ho that he had beaten Chor Hay and 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 have now allegedly arrested Leang Ho on the orders of Governor Hun Neng.

BACKGROUND:

When Leang Ho was walking home with his friend from the same town named Norn Ny after they left a dance in Thmey Kanal village, they were stopped by a drunken policemen and military officer. Police officer 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 (See further: UA-355-2006).

In light of this on 1 November 2006, a Sam Rainsey parliamentarian for Kompong Cham province named Mao Molivan had received assurances from senior ruling party members (CPP) that Leang Ho would be safe.  However, the victim was still arrested despite the efforts of the opposition official. 

The AHRC strongly condemns this blatant abuse of power by the governor for allegedly arresting a minority activist who was beaten by the police and military.  This is a clear example of Cambodia’s dysfunctional legal system. Political discrimination in Cambodia is becoming a part of the culture and encourages officials to abuse their power against minority parties who criticize the government.

The AHRC is also extremely concerned why the Kompong Cham authority has not conducted an independent investigation.  The AHRC urges the Kompong Cham authority to release Leang Ho and to compensate him for the trauma that he has no doubt suffered. We also urge the Kompong Cham province court not surrender to political influence and to take serious steps to insure that minority political groups are not discriminate upon. We also urge the Cambodian government to order an investigation into the Kompong Cham governor who allegedly plotted this crime for political reason.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to inquire about the arbitrary arrest 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 appeal, please click:

Sample letter:

Dear __________,

CAMBODIA: Torture victim arrested for trying to filing a complaint to the court

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
3. Mr. Hun Neng, Kompong Cham province governor
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 voice my concern over the alleged arbitrary arrest of named Leang Ho (45) on 27 November 2006.  I have learned that at around 4:00 pm on 27 November 2006, the victim was allegedly arrested by Kompong Cham provincial police officers in front of the Kompong Cham provincial court after he tried to file an assault charge against a Preah Theat commune police officer named Chor Hay and an Oraing Ov military officer named Sambat. I have learned that Leang Ho was arrested after he went to the court to file a second complaint against the officers mentioned above after his first complaint had never been investigated.

Earlier on 28 October 2006, the victim was allegedly assaulted 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. The both officers were alleged to be drunk at that time.

However, instead of inquiring about the incident and taking action agsint the two officers, the Kompong Cham provincial authority allegedly accused Leang Ho that he was drunk on that day and assaulted the two officers. I am disappointed to know that even the Kompong Cham provincial governor Hun Neng, when he was interviewed by Radio Free Asia, has also allegedly accused Leang Ho of being drunk and beating Chor Hay. I was further informed that the arrest of the victim by the Kompong Cham police was made on the order of Governor Hun Neng.

I strongly condemn this blatant abuse of power by the governor for allegedly arresting a torture victim by the police and military officer. The police's mandate is to protect citizens' rights and assist the victims of violations to seek adequate redress. But in this case, they rather prevented the torture victim from seeking justice and harassed him.

I am also extremely concerned about the fact that the Kompong Cham authority has not conducted any independent investigation into the alleged torture of the victim. I therefore urge you to take action to ensure that the victim is released immediately and adequate compensation is given to him for his sufferings. A prompt inquiry should be launched into the alleged torture case and the alleged officers responsible for the victim's torture should be arrested and punished by law. I also urge you to inquire about this alleged arbitrary arrest of the victim and take strong action against those responsible. In particular, an independent inquiry should be conducted into the Kompong Cham governor who allegedly plotted this crime against the victim. Lastly, I urge the Kompong Cham Province Court not surrender to political influence and to take affirmative action to take up the alleged torture case so that justice can be delivered to the victim.

Yours sincerely,


____________________

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 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. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)


Thank you.

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


Document Type :
Urgent Appeal Update
Document ID :
UP-217-2006
Countries :
Issues :
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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.