Dear friends,
The Asian Human Rights Commission (AHRC) has learned that a Phteah Rong Commune police officer rejected the complaint of a young rape victim without investigating it, and humiliated the girl in the process. The case was only filed in court after pressure from a local NGO and there are serious concerns that the case will not be adequately heard. It so far appears to have been purposely mishandled due to ties between the alleged rapist and the police.
CASE DETAILS: (According to the victim’s testimony)
On 31 May 2009 Ms. X (name withheld), a 15-year-old from a poor family, was abducted by her wealthier neighbour, Sreu Touch, taken to a grassy area close to her house in Phteah Rong commune, Phnom Kravanh, and brutally raped. The girl bit the hands of her attacker but was beaten into a state of semi consciousness, and when delivered home, was told that she would be killed if she told anyone about the rape.
Worried about burdening her ailing mother with the truth, Ms X first attempted suicide through an overdose, but later decided to press charges.
The complaint process simply subjected her to further abuse. At the Administrative Police Office of Phteah Rong Commune she took Officer Ou Naut to the rape site to look for evidence, yet according to the victim Naut simply asked her whether she enjoyed the sexual encounter, took a cursory look at the site and concluded that no rape had taken place. He rejected her attempt to file the case. Later that evening the victim witnessed the officer and Sreu Touch dining together at the perpetrator’s house with his parents.
It was only in June, with help from a local human rights organisation that Ms X was able to get her complaint filed at the Pursat Provincial Court. A medical examination confirmed that she had been raped.
The prosecutor has now submitted the complaint to the chief justice, who will appoint an investigating judge. However the allegations of cruelty and unprofessionalism made against Ou Naut are not being looked into.
ADDITIONAL INFORMATION:
There had been a noticeable increase in rape incidents in Cambodia, particularly those involving minors. A local NGO has documented about 200 cases of rape in the first five months of 2009 alone. Of these 134 of the victims were minors. Yet although most of these cases have reached the courts only a few of the alleged perpetrators have been prosecuted due to corrupt practices and out-of-court mediation, which can involve threats to the victims, particularly when, as is common, they are much poorer than the perpetrators.
By failing to punish the kind of conduct exemplified by Officer Ou Naut, the authorities are essentially condoning rape. There is little to encourage rape victims to make use of the law in Cambodia when their complaints are not taken seriously and perpetrators appear able to act with impunity.
Worryingly, there are also few provisions within Cambodian system under which female victims of sexual violence can comfortably lodge complaints. The majority of prosecutors and police officers recording and investigating the cases are men without the necessary gender training, which can extend the trauma for a victim. If the government has a sincere wish to reduce rates of sexual violence, a specialised section must be developed within the police to deal with such cases; further training is also necessary for officers in the field and efforts to recruit more female officers must be made.
States have a duty to respect, protect and promote the human rights of women under international human rights law and this involves enacting laws, instituting policies and implementing practices that protect victims of sexual violence and punish its perpetrators. Cambodia has signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), signed the Convention on the Rights of the Child and ratified the Rome Statue of the International Criminal Court, and must act accordingly.
SUGGESTED ACTION:
Please write a letter to the authorities listed below urging them to ensure that a fresh and thorough investigation is conducted into Ms. X’s case according to Cambodian procedural law, and that disciplinary and legal action is taken against Officer Ou Naut.
The AHRC has also written letters to the Special Rapporteur on Violence against Women.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______,
Re: CAMBODIA: A police officer has deliberately mishandled the case of a 15-year old rape victim due to his friendship with the rapist
Name of victim: Ms. X (name withheld), 15, residing with her mother in Phteah Rong Commune, Phnom Kravanh district, Pursat province.
Name of alleged perpetrator: Sreu Touch, 21
Name of the negligent police officer: Officer Ou Naut of the Administrative Police Office of Phteah Rong Commune, the main investigating officer in this village.
Date of incident: 31 May 2009
Place of incident: Phteah Rong Commune, Phnom Kravanh district, Pursat province.
I am writing to express my deep concern regarding the rape of a 15-year-old girl, and the manner in which the police handled and later rejected her case. Although the complaint has already been filed in court, I suspect that unless the public prosecutor and the court judge ensure a fresh investigation, there is little chance of the perpetrator being prosecuted.
According to the information I have received, the victim’s neighbour, Sreu Touch, brutally raped her on the evening of 31 May 2009, beating her around the head when she bit his hands in self defense. Touch threatened to kill her should she tell her mother about being raped, and the victim attempted suicide shortly after.
Her case was grossly mishandled at the Administrative Police Office of Phteah Rong Commune, where Miss X later tried to file a complaint with Officer Ou Naut. She recounts that she took him to the rape site to look for evidence, yet while there Naut simply asked her whether she enjoyed the sexual encounter, took a cursory look at the site and concluded that no rape had taken place. He then rejected her attempt to file the case. This may be due to ties that appear to exist between he and the perpetrator; not long after the rape the victim saw the two dining together at the perpetrator’s house. Sreu Touch has since left the village, but is known to be living in his second home in a nearby town.
It was only in June, with help from a local human rights organisation that Ms X was able to get her complaint filed at the Pursat Provincial Court. A medical examination confirmed that she had been raped.
However the manner by which investigation was conducted at the early stage and its subsequent filing is a manner of serious concern, and will do little to encourage victims of crime, particularly young vulnerable victims, to take their cases before the law.
There had been a noticeable increase of rape incidents in Cambodia recently, particularly of minors, and there are few provisions within the Cambodian system to for female victims of sexual violence, even though Cambodia has signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), signed the Convention on the Rights of the Child and ratified the Rome Statue of the International Criminal Court. The majority of prosecutors and police officers recording and investigating the cases are men, without the necessary gender training, which often simply extends the trauma for a victim. If the government has a sincere wish to reduce the rates of sexual violence, a specialized section must be developed within the police to deal with such cases, further training is necessary for officers in the field, and efforts to recruit more female officers must be made.
I urge you to ensure that the victim’s complaint pending in court is thoroughly reviewed and investigated independently from the negligent police officer and that it is speedily resolved. I demand that the conduct of the investigating officer be throughout reviewed, with disciplinary and legal action taken where necessary.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
CAMBODIA
Fax: +855 23 36 0666
Tel: +855 2321 9898
E-mail: cabinet1b@camnet.com.kh
2. Mr. Sar Kheng
Deputy-Prime Minister
Minister of Ministry of Interior
No.275 Norodom Blvd.,
Phnom Penh, CAMBODIA
Fax/phone: +855 23 721905/23 726052/23 721190
E-Mail: info@interior.gov.kh
3. Mr. Ang Vong Vathna
Minister of Justice
No 240, Sothearos Blvd.
Phnom Penh, CAMBODIA
Fax: +855 23 36 4119 / 21 6622
E-mail: moj@cambodia.gov.kh
4. Ms. Oeng KanthaPhavy
Minister of Women’s Affairs
No. 3, Norodom Blvd.,
Phnom Penh, Cambodia
Tel: +855 23 428965
Fax: +855 428965
Email mwva@bigpond.com.kh
youay.mwva@bigpond.com.kh
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
