Phnom Penh, 2 March 2012 — As the Prey Veng Provincial Court issued a judgment on 29 February 2012 in a case involving Chhorn Ny, a 47-year old villager, and local policemen, the Cambodian Human Rights and Development Association (ADHOC) is concerned about several issues regarding the case. Chhorn Ny was given a one-year suspended sentence and a one million riel fine for disorderly conduct and attempted assault on a police officer, but he may have been the victim of a plot.
Early on 14 August 2011, as he came back from his farmland, Chhorn Ny (47) invited six friends of his to drink wine at his house in Chraing Toting village, Prey Rontak commune, Kampong Leu district, Prey Veng province. At about 10:30am, when his friends decided to move to another house, Chhorn Ny took leave of them and fell asleep. He woke up at 4:00pm and headed north along the main road.
He stopped in front of a house where people were attending a party. Then, he saw a group of policemen led by one of his acquaintances, Mr. Earb, chief of the local police station. He went to talk to him and hugged him, saying he had drunk too much earlier that day. Mr. Earb disregarded him and left the place with his colleagues.
Twenty minutes later, two other police officers, led by Pich Saroeun, arrived on a motorbike and ordered Chhorn Ny to go to the police station with them. They verbally abused him and provided no reason for the summons, telling Mr. Chhorn that he “should know.” As he refused to follow the policemen, he was then beaten until he fell unconscious and was left with a split eyebrow.
While he was still unconscious, the policemen handcuffed him. Villagers who witnessed the scene pleaded for his release, only to be threatened with arrest themselves. After talks, the police nevertheless agreed to take Mr. Chhorn to the District Hospital at Pea Raing. There he was handcuffed to his bed, despite his relatives and doctors’ requests that his hands be left free.
The following day, on 15 August, Mr. Chhorn’s wife went to Snay Poll police station to ask police officers to take her husband’s handcuffs off. They did so and took him to Snay Poll police station. There, policemen from Prey Rontak commune handcuffed him again and took him to the Police Inspector’s office in Prey Rontak, where he was kept in custody until 18 August. On that day, the Provincial Court decided to place him in pre-trial detention. He was released on bail on 21 September 2011.
Meanwhile, on 13 September 2011, Mr. Chhorn’s wife filed a complaint against the two Prey Rontak policemen involved in the case. The authorities proceeded with no investigation into accusations of physical abuse. Instead, Mr. Chhorn was put on trial on charges of attempted murder of a police officer. No evidence of this charge could be seen on the body of policemen, both of whom were unharmed.
Mr. Chhorn was nevertheless given a one-year suspended sentence and a one million riel fine for disorderly conduct and attempted assault on a police officer.
According to information gathered by ADHOC, it seems that Mr. Chhorn’s arrest is related to a personal conflict with local police officers. Indeed, Mr. Chhorn’s daughter recently married a Korean national, who visited Chraing Toting village in order to register the marriage with the Commune Chief. As he had forgotten his passport in a Phnom Penh hotel, local police officers demanded one hundred dollars in exchange for authorizing him to stay overnight in the village. Mr. Chhorn refused to pay the bribes, which made the two police officers angry and may have encouraged them to seek revenge by setting him up.
In order to shed light on this case, ADHOC calls on Cambodian authorities to investigate Mr. Chhorn’s allegations of physical abuse in police custody. Police officers are authorized to use force for the purpose of carrying out arrests but the force used must not exceed the amount that is absolutely necessary. In this regard, all allegations of misconduct must be investigated. Moreover, the police gave no reason for arresting Mr. Chhorn in the first place—which makes his arrest arbitrary under Cambodian and international law. Lastly, it is of significant concern that the two police officers involved in the case are still posted at Prey Rontak commune. Reports suggest that the men have since threatened Mr. Chhorn’s wife.
Mr. Chhorn has just lodged an appeal against the Court’s decision. ADHOC will continue to support him through the provision of legal aid. Three hundred villagers who were witnesses to the events provided their thumbprints to the Provincial Prosecutor to support Mr. Chhorn. They are now ready to file complaints with Cambodia’s General Police Commission. ADHOC will assist them in this process and continue to monitor this case.
For more information, please contact:
Mr. Chan Soveth, Deputy Head of Monitoring Section: 016 937 591
Mr. Nicolas Agostini, Technical Assistant: 078 405 024
