Dear friends,
The Asian Human Rights Commission (AHRC) has learned that the police allegedly ordered parents to pay a bribe of 150000 riels (US$37.5) each if their sons were not to be arrested after these youths had damaged a party sign in Soeung commune, Bor Keo district, Rattankiri province. On 2 July 2008, they arrested a youth named Sev Tha, 17, and sent him to the provincial prison when his father could not afford that bribe.
CASE DETAILS: (Sources: Pen Bonnar, ADHOC human rights NGO, Rattanakiri province; Man Thang, chief of Soeung commune, Bor Keo district, Rattanakiri province)
In the night of 1 July nine youths had a binge drinking before returning home. On the way, in the dark, they bumped into the sign of the ruling Cambodian Peoples Party that was leaning over the roadside. They then got angry and, under the influence of alcohol, pulled the sign up and threw it away.
In the morning the commune police set out to arrest all of those nine youths on the charges of damage to property with intent and the police officer named Sok forced their parents to pay a bribe of 150000 riels (US$37.5) each if their sons were not to be arrested. They had then arrested Sev Tha and his younger brother Sev La. Their father could afford to pay only 100000 riels and secure the release of Sev La, while the police sent Sev Tha to the provincial prison for pre-trial detention. Another father also had to pay a full bribe 150000 riels to get the police to end their pursuit against his son named Khon Hean.
The other youth have gone into hiding. They are: (1)Sor Thav, (2)Tiv Veng, (3)Chom Tun, (4)Chom Chob, (5) Sev Na and (6) an unnamed youth. But Police Officer Sok have ordered the Soeung commune chief named Man Khon to collect the same bribes from their parents if these youths are to avoid any arrest.
ADDITIONAL INFORMATION:
An election campaign h
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as been going on in Cambodia since 26 June 2006 until 27 July, the polling day. Party signs are very important to all competing parties. At times, non ruling parties signs have been pulled down or defaced without the perpetrators being arrested. It is the first time a sign of the ruling Cambodian Peoples Party has been damaged. Villagers in Soeung commune are known as supporters of the ruling party.
ADDITIONAL COMMENTS:
Under the Cambodian criminal law (UNTAC law, art.52), damage to property with intent is punishable by imprisonment between one and three years. If the damage is minor or the property is of little value, the imprisonment is reduced to between two months and one year.
The nine youths were under the influence of alcohol when they damaged that party sign. The grounds on which they were charged with damage to property with intent were very dubious. It would be more appropriate that they should face simply civil liability for the damage and be ordered to repair it.
However, if at all they faced criminal liability, the imprisonment of the arrested youth Sev Tha contravened the criminal law and the code of criminal procedure. The damaged party sign was about 0.5m x 2.5m and altogether with the supporting posts cost nor more than between US$20 and 30. It is therefore of little value, and the custodial sentence for the damage is between two months and one year. Under article 204 of the Cambodian code of criminal procedure, there cannot be any pre-trial detention for a criminal offence which carries a custodial sentence of one year or less.
Judging from police Officer Soks order to pay bribes, the release of Sev La after the payment of the bribe, the end of the pursuit against Khon Hean also after such a payment, it is very likely that the police in Bor Keo district had used the arrest and imprisonment to extort bribes from the parents of those youths.
SUGGESTED ACTION:
Please write your letters to the authorities listed below to request them to immediately release Sev Tha, investigate the alledged extortion of bribes by the Bor Keo district police and take action against any officer involved in this extortion. The AHRC has already written separate letters to the Working Group on Arbitrary Detention and the Special Rapporteur on Question of Torture of the UN.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _____,
CAMBODIA: Police allegedly extort bribes in arrest in Rattanakiri province
Names of victims:
1. Sev Tha
2. Sev La
3. Khon Hean
4. Sor Thav
5. Tiv Veng
6. Chom Tun
7. Chom Chob
8. Sev Na
9. an unnamed youth
All living in Soeung commune, Borkeo district, Rattanakiri province.
Name of the alleged perpetrator: Mr. Sok, Police officer, Bor Keo district police, Rattanakiri province
Date of incident: 2 July 2008
Place of incident: Borkeo district, Rattanakiri province
I am writing to express my concern relating to the alleged use of arrest by the police in Bokeo district, Rannakiri province to extort bribes after nine youths had damaged the sign of the ruling party in Soeung village in that commune in the night of 1 July 2008. Through one of its officers named Sok, they ordered their parents to pay 150000 riels or US$37.5 for each of their sons if they were not to be arrested.
I have learned that two brothers named Sev Tha and Sev La were arrested on 2 July. Their father could afford to pay a bribe for the release of Sev La, and the police then Sev Tha to the provincial prison for pre-trial detention on the charge of damage to property with intent. Another father secured the end of the pursuit against his son named Khon Hean with the demanded bribe. The rest of the suspected youths have gone into hiding. They are (1)Sor Thav, (2)Tiv Veng, (3)Chom Tun, (4)Chom Chob, (5) Sev Na, and (6) an unnamed youth.
I have strong doubts whether there are any solid grounds for the police to arrest all those youths on the charge of damage to property with intent, and especially the imprisonment of Sev Tha. Apparently, the youths did not have any intention to damage that party sign that night as they were under the influence of alcohol. They could and should have been ordered to repair it instead of facing criminal liability.
Regarding this criminal liability, the sign post itself was of little value, between US$20 and 30, and if at all there was any damage with intent, this damage was minor, which, according to the Cambodian criminal law (UNTAC law art.52) and code of criminal procedure (art.204) does not warrant any pre-trial detention at all.
This imprisonment and the use of arrest to extort bribes are abhorrent when the police should serve and protect their people. I therefore urge you to immediately release Sev Tha, investigate this extortion and take action against any officer involved in it.
I trust you positively consider my request.
Yours sincerely,
___
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 Interior
No.275 Norodom Blvd., Phnom Penh
CAMBODIA
Fax/phone: +855 23 721 905 / 23 726 052 / 23 721 190
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. Mr. Henro Raken
Prosecutor-General
Court of Appeal
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: +855 23 21 66 22
Tel: +855 11 86 27 70
5. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
CAMBODIA
Fax: +855 23 22 09 52
Tel: +855 23 21 65 85
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
Dear _____,
CAMBODIA: Police allegedly extort bribes in arrest in Rattanakiri province
Names of victims:
1. Sev Tha
2. Sev La
3. Khon Hean
4. Sor Thav
5. Tiv Veng
6. Chom Tun
7. Chom Chob
8. Sev Na
9. an unnamed youth
All living in Soeung commune, Borkeo district, Rattanakiri province.
Name of the alleged perpetrator: Mr. Sok, Police officer, Bor Keo district police, Rattanakiri province
Date of incident: 2 July 2008
Place of incident: Borkeo district, Rattanakiri province
I am writing to express my concern relating to the alleged use of arrest by the police in Bokeo district, Rannakiri province to extort bribes after nine youths had damaged the sign of the ruling party in Soeung village in that commune in the night of 1 July 2008. Through one of its officers named Sok, they ordered their parents to pay 150000 riels or US$37.5 for each of their sons if they were not to be arrested.
I have learned that two brothers named Sev Tha and Sev La were arrested on 2 July. Their father could afford to pay a bribe for the release of Sev La, and the police then Sev Tha to the provincial prison for pre-trial detention on the charge of damage to property with intent. Another father secured the end of the pursuit against his son named Khon Hean with the demanded bribe. The rest of the suspected youths have gone into hiding. They are (1)Sor Thav, (2)Tiv Veng, (3)Chom Tun, (4)Chom Chob, (5) Sev Na, and (6) an unnamed youth.
I have strong doubts whether there are any solid grounds for the police to arrest all those youths on the charge of damage to property with intent, and especially the imprisonment of Sev Tha. Apparently, the youths did not have any intention to damage that party sign that night as they were under the influence of alcohol. They could and should have been ordered to repair it instead of facing criminal liability.
Regarding this criminal liability, the sign post itself was of little value, between US$20 and 30, and if at all there was any damage with intent, this damage was minor, which, according to the Cambodian criminal law (UNTAC law art.52) and code of criminal procedure (art.204) does not warrant any pre-trial detention at all.
This imprisonment and the use of arrest to extort bribes are abhorrent when the police should serve and protect their people. I therefore urge you to immediately release Sev Tha, investigate this extortion and take action against any officer involved in it.
I trust you positively consider my request.
Yours sincerely,
___
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 Interior
No.275 Norodom Blvd., Phnom Penh
CAMBODIA
Fax/phone: +855 23 721 905 / 23 726 052 / 23 721 190
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. Mr. Henro Raken
Prosecutor-General
Court of Appeal
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: +855 23 21 66 22
Tel: +855 11 86 27 70
5. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
CAMBODIA
Fax: +855 23 22 09 52
Tel: +855 23 21 65 85
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
