UPDATE (Cambodia): Urgent call for prompt investigation into the alleged torture of a police officer in Kep seaside town

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that to date no investigation has been conducted into the alleged torture of police officer Pring Pov in Kep seaside town. He was punished for refusing to follow an order to cede his land to a senior government minister. (See further: AHRC-UAC-045-2008; AHRC-UAU-012-2008)

UPDATE INFORMATION:

Pring Pov, a police officer, was arrested by his superior on 19 February 2007 allegedly on the order of the national police commissioner for refusing to cede his land to a senior government minister. After his arrest he was detained at the Police Discipline Unit located on the outskirts of Phnom Penh where he was shackled day and night in a windowless room. (See further: AHRC-UAC-045-2008) Even though he fell ill due to alleged torture and confinement, doctors were not allowed access to provide medical treatment for him. (See further: AHRC-UAU-012-2008)

According to the information, his health deteriorated to such a point that the Police Discipline Unit decided to send him for hospitalization at Monivong Hospital in Phnom Penh on March 25 where he was under supervision of a round-the-clock guard, made up of 8 police officers. He was discharged on April 3 and the Minister of Interior, Sar Kheng, ordered Pring’s release on the same day.

Pring has confirmed what has been reported about his arrest and detention. He has added that, while in custody at the Police Discipline Unit, several police officers had gone together on February 24 to take his statement about his land. The object of this police investigation confirms that he has been punished for his refusal to cede his land and not for his failing his duty as a police officer and that this punishment has no justification since the police have no jurisdiction over land disputes.

Pring and his wife, Yin Neang, have also learned that the court of Kampot province whose jurisdiction also covers Kep seaside town had summoned his wife over his land dispute. Pring and his wife have feared that this promptness of court action might be another manoeuvre to put more pressure on Pring to cede his land when the wife might be arrested as well when she appears in court. They have also these fears when the prosecutor named Ouk Kimsith at the same court has to date not taken any action and started any investigation after his wife had filed with him a criminal lawsuit at the end of February against the police for his torture and illegal confinement.

Following prosecutor Ouk Kimsith’s inaction, on March 13 the Cambodian Human Rights Action Committee, a coalition of human rights NGOs, filed a complaint of torture and illegal confinement with the Prosecutor-General named Henro Raken whom can order investigation into this alleged torture and illegal confinement. However, an investigation has not yet been reported.

ADDITIONAL INFORMATION:

Under the Cambodian law, a complainant or any concerned member of the public can file a criminal lawsuit with the nearest police station and/or with the prosecutor in the province where the offence was committed. It was appropriate that Pring Pov’s wife filed her complaint with the prosecutor at the court of Kampot province and that the Cambodian Human Rights Action Committee filed another one with the Prosecutor-General. According to the Cambodian code of criminal procedure (art. 6) this prosecutor must act upon such a complaint.

Freedom from torture is an absolute right in international human rights law. 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 prosecutor in this particular case, should 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 prosecutor, according to article 2.3 of this Covenant, should ensure that Pring Pov has his right adjudicated by a court of law and get an effective remedy.

By not acting promptly upon Pring Pov’s wife’s complaint, prosecutor Ouk Kimsith has broken both domestic and international human rights laws. He has failed to ensure prompt and impartial investigation into Pring’s alleged torture. He has also blocked any adjudication of his rights and award of effective remedy to him by a court of law.

In Cambodia, a court can arrest defendants when they appear before it. So whenever, they receive a summons to appear in court, defendants always fear they might be arrested when they appear as summoned.  To have more assurances they will not be arrested, many of them seek the company of human rights activists or legal aid lawyers when they go to court. But they cannot always secure these services which are still very limited.

Under Cambodian law, both torture and illegal confinement are crimes punishable by imprisonment respectively from 1 to 5 years and from 3 to 10 years (respectively art.57 and art.35 of the criminal law), and action must be taken when alleged crimes have been reported to the police or the prosecutor (respectively art.75 and art. 6 of the code of criminal procedure).

SUGGESTED ACTION:
Please write to the authorities listed below to urge them to order prompt and impartial investigation into Pring Pov’s alleged torture and illegal confinement and take action against any perpetrator according to the law. Please also urge them to ensure that there is such prompt and impartial investigation into future alleged torture cases, 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 in Cambodia and OHCHR in Cambodia calling for interventions in this case.

To support this case, please click here: SEND APPEAL LETTER