Dear friends,
The Asian Human Rights Commission (AHRC) has learned that no prompt investigation has been conducted into the alleged torture of a young man which occurred on 7 February 2008. He was severely injured due to assault. (See further: AHRC-UAC-034-2008)
UPDATE INFORMATION:
Keo Sokea, a police officer named allegedly beat Taing Thavy with a rifle after arrest on February 7 in Kirisakor district. Due to the repeated assault in police custody, Taing was severely injured and became unconscious in both the incidents. (See further AHRC-UAC-034-2008)
According to the updated information received, Taing’s mother filed a criminal lawsuit at the district police station against the officer after Taing was released. Soon after release, Taing also filed a lawsuit with the prosecutor named Koe Sim at the court of Koh Kong province on February 12. However, both the police and the prosecutor refused to receive their complaints.
It is reported that the district police then attempted to settle this matter out of court offering to pay compensation to Taing to withdraw the lawsuit. However, Taing insisted on getting justice and punishment for his perpetrators according to the law and refused an out-of-court settlement. Keo Sokea was reportedly induced to flee the district in an attempt to thwart legal action and any implication of his colleagues.
Meanwhile, the prosecutor Keo Sim was transferred to another province on rotation and Keo Sokea returned to his home. On 27 March, Taing again filed his criminal lawsuit against Keo Sokea with the new prosecutor.
ADDITIONAL INFORMATION:
Under the Cambodian law, a complainant can file a criminal lawsuit with the nearest police station and/or with the prosecutor in the province where the offence was committed. According to Cambodia’s code of criminal procedure, both the police (art.75) and the prosecutor (art. 6) must act upon such a complaint. Failing in their duties in this regard entails criminal liability for the police and gives the complainant the right of appeal to the Prosecutor General against the prosecutor’s decision.
Freedom from torture is an absolute right in the international human rights framework. Cambodia is a state party to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. According to articles 12 and 13 of this Convention, its authorities, namely the police and the prosecutor in this particular case, should receive Taing’s complaint and proceed to a prompt and impartial investigation. Furthermore, according to the International Covenant on Civil and Political Rights to which Cambodia is also a party, the same police and the prosecutor, according to article 2.3 of this Covenant, should ensure that Taing has his right adjudicated by a court of law and get an effective remedy.
By refusing to receive and act upon Taing’s and his mother’s complaints, both Kirisakor district police and prosecutor Keo Sim violated both, domestic and international human rights laws. They failed to ensure prompt and impartial investigation into his alleged torture. They also blocked any adjudication of his rights and award of effective remedy to him by a court of law.
In Cambodia, prosecutors and investigating judges heavily rely on the police investigation. It is doubtful Kirisakor district police can conduct prompt and impartial investigation. It is likely they would drag their feet or conduct a biased investigation to protect their officers.
SUGGESTED ACTION:
Please write to the authorities listed below to request them to order prompt and impartial investigation into the alleged torture of Taing Thavy without delay. Please also urge them to ensure the alleged perpetrator be punished according to the law and prevent similar cases from reoccurring in the future.
Please be informed that the AHRC has written separate letters to the UN Special Rapportuer on the Question of Torture, Special Representative of the Secretary-General of human rights and OHCHR in Cambodia calling for interventions in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________
CAMBODIA: Alleged police torture of a person in Koh Kong province calls for prompt investigation
Name of victim: Taing Thavy, 21, male, fisherman, living in Koh Dech village, Koh Sdech commune, Kirisakor district, Koh Kong province;
Alleged perpetrator: Keo Sokea, police officer, Kirisakor district, Koh Kong province
Date of incident: 7 February 2008
Place of incident: on the way to Kirisakor district police station from his residence and while in police custody
I am writing to express my deep concern regarding the lack of prompt and impartial investigation into the alleged police torture on 7 February 2008 of a young fisherman named Taing Thavy, 21, living in Kirisakor district, Koh Province. The police beat him with a rifle after his arrest and again while in custody. He lost consciousness in both assaults and was further denied any medical treatment.
I have learned that Taing and his mother filed a criminal lawsuit with Kirisakor district police and with the prosecutor named Keo Sim attached to the court of Koh Kong province against the police officer named Keo Sokea immediately after the incident. But both authorities have refused to receive and act upon their complaints.
This refusal and failure to conduct prompt investigation is a breach of Cambodia’s code of criminal procedure which requires both the police and the prosecutor to receive all complaints and act upon them. It is also a breach of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment and also the International Covenant on Civil and Political Rights, to both of which Cambodia is a State party and which calls on State parties to ensure prompt and impartial investigation into alleged torture, adjudication of victims’ rights and award of effective remedy to victims.
I am glad to know that the new prosecutor attached to the court of Koh Kong province has now received Taing Thavy’s new criminal lawsuit against Keo Sokea. But I very much doubt he can secure cooperation from Kirisakor district police to conduct prompt and impartial investigation.
I therefore strongly urge you to order prompt and impartial investigation into the alleged torture of Taing Thavy by investigators with no connection with Krisakor district police, and take action against the police officer named Keo Sokea and any other police officers involved.
I also urge you to honour Cambodia’s international human rights obligations and enforce Cambodia’s code of criminal procedure to ensure that there is such prompt and impartial investigation into future alleged torture cases, and adjudication of victims’ rights and award of effective remedy to victims by independent and impartial courts of law.
I trust you will promptly 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
Minster 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)
