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UPDATE (Cambodia): Court issued arrest warrants against two witnesses who saw police and military officers assault man

December 12, 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.]

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

12 December 2006

[RE: UA-355-2006: CAMBODIA:  Man seriously injured after allegedly being tortured by police and military officers; UP-217-2006: CAMBODIA: Torture victim arrested for trying to filing a complaint to the court]
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UP-225-2006: CAMBODIA: Court issued arrest warrants against two witnesses who saw police and military officers assault man

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

The Asian Human Rights Commission (AHRC) wishes to update you on the latest developments in the alleged torture case of Leang Ho (See further: UA-355-2006). According to the information we have received, allegedly false charges have been laid and arrest warrants issued against the only two witnesses in the case on 24 November 2006. After hearing about the charges, the two witnesses went into hiding and have yet to be seen.  Consequently, this leaves little hope for the victim Leang Ho who is still being detained at the Kampong Cham provincial prison after he was arrested in front of the court while attempting to lodge a complaint against the alleged perpetrators (See further: UP-217-2006). It is evident that rather than registering the victim's complaint, the police decided to take action against the only witnesses who could corroborate Leang Ho's accusations.  


UPDATED INFORMATION:

On 24 November 2006, the Kompong Cham Provincial Court issued separate arrest warrants against two eye witnesses named Ny Phal and Chham Sinath.  The pair had seen Leang Ho beaten by a Preah Theat commune police officer named Chor Hay and a military officer named Sambat in Oraing Ov district (arrest warrant numbers: 337 and 338 dated on 24/11/2006). Instead of recording the witnesses' statements, the Kompong Cham Provincial Court Prosecutor Penh Vibol accused the two men of physical abusing alleged perpetrator Chor Hay.

Leang Ho had been arrested by Kompong Cham provincial police officers on 27 November 2006 in front of the Kompong Cham provincial court under false charges after he tried to file an assault complaint against the alleged perpetrators (Refer to UP-217-2006). He is currently being detained in the Kompong Cham Provincial Prison after he was remanded by the court following his arrest.  

It is alleged that Judge Sim Kouch of the Kompong Cham Provincial Court immediately issued the arrest warrants against the two witnesses by the order of a powerful local politician. However, the judge did not reveal the name of that politician fearing for his personal security.

The AHRC suspects that the powerful man is Kompong Cham Provincial Governor Hun Neng. He is also the brother of Prime Minister Hun Sen. When he was interviewed by Radio Free Asia, the governor allegedly accused Leang Ho of being drunk and beating Chor Hay.  It is alleged that the arrest of the victim was done under the orders of the governor.

Meanwhile, the Kompong Cham police still have not registered Leang Ho's complaint against the two officers despite his repeated attempts. Political influence has also allegedly stopped the court twice from receiving the complaint. As a result, no investigation into the alleged assault has been initiated since no case has been filed against the officers.

The AHRC believes that this is a clear attempt by the Kompong Cham administration and the judiciary to intimidate and harass the victim and eye witnesses who are seeking legal remedy in this case. 

Leang Ho is married with eight children and is the sole breadwinner of his family. The situation has devastated his family and plunged them into financial crisis. 

SUGGESTED ACTION:

Please write to the relevant authorities listed below and urge them to inquire about the arbitrary arrest of Leang Ho under false charges and to take action against those responsible. Please urge them to ensure that Leang Ho's complaint is registered with the police and the court and a proper and impartial investigation is conducted. Please also urge them to investigate the alleged false charges implicated with the victim and the two witnesses and urge them to be withdrawn immediately.

To support this appeal, please click:

Sample letter:

Dear __________,

CAMBODIA: Court issued arrest warrants against two witnesses who saw police and military officers assault man

Name of victims:
1. Mr. Ny Phal, eye witness of the assault of Leang Ho by the two police and army officers
2. Mr. Chham Sinath, eye witness of the Leang Ho's assault
Date and place of the arrest warrant issued: 24 November 2006 by the Kompong Cham Provincial High Court
Case the victims were falsely implicated: Charged with assault of Mr. Chor Hay, Preah Theat commune police officer, who is one of the alleged perpetrators of Leang Ho's assault
Case that the two victims witnessed:  Mr. Leang Ho (45) residing in Thmey Kandal village, Preah Theat commune, Oraing Ov district, Kompong Cham province was allegedly assaulted by two drunken police and military officers on 28 October 2006. The two officers are Mr. Chor Hay, Preah Theat commune police officer in Kompong Cham province and Mr. Sambat, Oraing Ov district military officer in Kompong Cham province.
Current status of Leang Ho's case: The police repeatedly refused to register Leang Ho's complaint against the alleged two officers; Kompong Cham provincial court also rejected to take up his complaint twice; Leang Ho was arrested by the police on November 27 with the false charges of assaulting Mr. Chor Hay; arrest warrant was issued against his two witnesses mentioned above 

I am deeply concerned by the worrying development in the alleged assault case of Leang Ho and the allegedly false charges that have been laid and arrest warrants issued against the only two witnesses in the case on 24 November 2006.

According to the information I have received, on 24 November 2006, the Kompong Cham Provincial Court issued separate arrest warrants against two eye witnesses named Ny Phal and Chham Sinath.  The pair had seen Leang Ho beaten by a Preah Theat commune police officer named Chor Hay and a military officer named Sambat in Oraing Ov district (arrest warrant numbers: 337 and 338 dated on 24/11/2006). Instead of recording the witnesses' statements, the Kompong Cham Provincial Court Prosecutor Penh Vibol accused the two men of physical abusing alleged perpetrator Chor Hay.

I have also learned that the arrest warrants were immediately issued by Judge Sim Kouch of the provincial court under the order of a powerful local politician, whose name the judge did not reveal fearing for his security. I suspect that the man behind this persecution against the witnesses is Kompong Cham Provincial Governor Hun Neng. You will recall that when the governor was interviewed by Radio Free Asia, he allegedly accused Leang Ho of being drunk and beating Chor Hay. Leang Ho was then charged with assaulting Chor Hay and the two eye witnesses were also falsely implicated with the same charges.

It frustrates me to know that the Kompong Cham police have repeatedly refused to register Leang Ho's complaint against the alleged officers and that the provincial court has twice refused to receive Leang Ho's complaints.  In fact, Leang Ho was arrested on November 27 while attempting to lodge his complaint with the court for a second time and is now being detained in the Kompong Cham Provincial Prison. I was also informed that as a result, no investigation into this alleged assault against Leang Ho has been initiated as no case has been filed against the alleged officers.

I strongly believe that all these actions against Lean Ho and his two witnesses are clear attempts by the Kompong Cham administration and the judiciary to intimidate and harass those who dare pursue cases against state officers.  This is also an example of Cambodia's dysfunctional legal system. The Cambodian courts have lost independence and are heavily controlled by political influences.

In light of the above, I strongly urge you to inquire about the actual circumstances surrounding the arrest warrants against the two witnesses. If they were issued unlawfully or under political pressure they must be withdrawn immediately. This will be an important step to ensure that those witnesses can come forward to give evidence against state officers without fear. An independent inquiry should also be launched to find out who is behind such persecution against the victims.  

I also urge you to ensure that Leang Ho is released immediately and a proper and thorough investigation into the alleged assault against him is conducted. For this purpose, the police must register his complaint and the court should also not surrender to the political influence and undertake this case.

Lastly, I strongly urge the Government of Cambodia to take genuine steps to ensure that the judiciary can function independent without political influence and that the victims of human rights abused committed by the state officers can come forward to seek effective remedies without fearing further consequences. Otherwise, anarchy will only exist in the country and the Government of Cambodia will not be able to say that it upholds the rule of law and protects its citizens' fundamental rights.

Leang Ho is married with eight children and is the sole breadwinner of his family. The situation has devastated his family and plunged them into financial crisis.  Action must be taken to remedy this situation. 

Sincerely yours,


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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 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. Marianne Haugaard 
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)

12. 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)


Document Type :
Urgent Appeal Update
Document ID :
UP-225-2006
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.