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 Cambodias 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 case, please click here: SEND APPEAL LETTER
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)
