CAMBODIA: An alleged assault of a journalist by the military police officer in Posat Province

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the alleged assault of a journalist by a military police officer in Toul Kroh village, Posat province on 4 August 2007. Prior to meeting the military police officer concerned he was on the way back home after collecting information on two illegal shooting cases by a military police officer and a chief prosecutor. Neither of the two, who used their weapons illegally, has received any punishment. The AHRC is concerned that the assault against the victim was made due to a personal vendetta for a previous article he published criticising an associate of the officer, and also to threaten him against publishing the articles on the illegal use of weapons.

CASE DETAILS: (Based on the victim’s testimony)

Mr. Heng Veasna is a writer of articles on problems regarding government officials in the Posat province. Recently, he criticised a decision made by a judge and a chief prosecutor in their ignorance of the people’s complaints in his article. It is believed that the judge and the prosecutor have good relations with Mr. Ouen Vanak, who is the deputy commander of the Posat provincial military police.

Heng Veasna went to the Veal Veng district in the province with his colleague Mr. Chour Vuthy for two days to collect information about two alleged illegal shootings, which took place in the area. In one case, the chief of the military police of the district, Mr. Bot Chan Veasna, fired several rounds from his rifle into the air over a personal matter. This happened in front of the Yeay Lout restaurant around 4:00pm on 1 August 2007. Mr. Ouen Vanak is the superior officer of Mr. Ouen Vanak. In another case, the chief prosecutor of the province Mr. Top Chan Sereyvuth fired 5 rounds into a restaurant, causing damage after drinking at around 12:00pm on 30 July 2007.

It is common practice of law enforcement officers, particularly Cambodian police, to use weapons illegally against people in order to harass them. By law, firearms can only be used against criminal suspects within limited situations e.g. attempt to escape from arrest. However, these two cases do not fall under these conditions.

At around 4:10pm on 4 August 2007, while on their way back home, Heng Veasna and Mr. Chour Vuthy met by chance Mr. Ouen Vanak in O’ Thkov village, Ro Leap commune, Sampov Meas district, Posat province. Mr. Ouen Vanak was sitting in Montreo car with a deputy prosecutor from Posat provincial court Mr. Pen Sarat and a judge from the same court Mr. Leang Sour and his friend named Ms. Srey Keo.

Mr. Pen Sarat and Ms. Srey Keo came out of the car and walked toward to Mr. Heng Veasna’s car. They asked Mr. Heng Veasna to stop the car and told him that Mr. Ouen Vanak wanted to meet him. Then Mr. Heng Veasna went to Mr. Quen Vanak’s car. The judge Mr. Leang Sour asked Mr. Heng Veasna where he had been. When he said that he had just come from covering some information in Veal Veng district, Mr. Quen Vanak asked him to go for a drink. However Mr. Veasna refused it and left the place.

Some minutes later, when Mr. Heng Veasna was driving toward to Toul Kroh village, Chom Roeun Phal commune, Sampov Meas district, he realised that Mr. Quen Vanak’s car was chasing his car at high speed. Mr. Quen Vanak’s car then overtook and stopped half a meter in front of Mr. Heng Veasna’s car. Mr. Quen Vanak immediately walked out and opened the door of Mr. Heng Veasna’s car and grabbed his hair. Then he pulled Mr. Heng Veasna out of the car and allegedly started to punch his face. When the victim’s colleague Mr. Chour Vuthy ran out of the car and tried to stop the beating, Mr. Quen Vanak threatened him and continued to assault Mr. Heng Veasna. Mr. Heng Veasna and Mr. Chour Vuthy were able to leave the place only after the Judge, Mr. Leang Sour came out and intervened to stop this assault.

It is alleged that Mr. Ouen Vanak was livid with Mr. Heng Veasna after he verified the victim’s identity due to his article criticising the judge and the chief prosecutor with whom he had good relationship.

On 6 August 2007, Mr. Heng Veasna went to the Posat provincial court to lodge a complaint against Mr. Ouen Vanak. He was then told by Mr. Soy Sam An, a clerk of the court, that he would refer the complaint to the chief prosecutor Mr. Top Chan Sereyvuth. However it is doubtful whether Mr. Top Chan Sereyvuth started an investigation into the victim’s complaint as he is the alleged perpetrator of the illegal shooting on July 30, which the victim was collecting the information about. It is also alleged that Mr. Ouen Vanak has a good relationship with this chief prosecutor. So far, the victim is unaware of any progress of the investigation into his case.

The AHRC is of opinion that Mr. Ouen Vanak tried to first solicit, and then later assaulted Mr. Heng Veasna in order to intimidate him against publishing the article on the two ill-behaved government officers in their irresponsible and illegal shooting incidents. Also, Mr. Ouen Vanak seemed to be personally motivated to inflict harm on the victim due to his previous article which criticised close acquaintances of his. Mr. Ouen Vanak’s true responsibilities lay in calling for an investigation and departmental disciplinary action against these officers, but instead he chose to abuse his powers by threatening and assaulting the victim in order to oppress his right to freedom of expression.

Therefore, we call for an independent body to investigate the alleged assault of Mr. Heng Veasna by Mr. Ouen Vanak on 4 August 2007. It needs to be stressed that the investigative body must be independent from Mr. Top Chan Sereyvuth, the chief prosecutor, due to allegations that he is personally connected to the accused, Mr Ouen Vanak. If the allegation is proven true, we call for the Ministry of National Defense to take departmental action against the accused, and also for him to be prosecuted to the full extent of the law. We also ask for compensation to be paid to the victim regarding the injuries he sustained from the assault.

We also urge the Government of Cambodia to immediately order an investigation into the alleged two illegal shooting incidents separately committed by Mr. Bot Chan Veasna and Mr. Top Chan Sereyvuth on 1 August 2007 and 20 July 2007. If the allegations are proven to be true, the perpetrators should be subject to rigorous departmental disciplinary action and prosecuted under the law.

SUGGESTED ACTION:
Please write to the authorities listed below to immediately bring those military police officers in Posat province before court and urge for the compensation to the victims. Please also the government to conduct a promptly investigation into these matters.

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