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Appendix D: Case studies of torture in Cambodia


Source: Adhoc


Case 1: Torture committed by Kampong Cham District Police Chief on 11 August 2002

Facts:
On 11 August 2002, at 21:30, Morn Men, his son Morn Sok Ra, his son-in-law Chheng Dieb and Chek Soeun living nearby his house went out to hunt birds in front of the Water Office at the west of Beung Kok Market, Kampong Cham. After they had just three birds, six police officers pointed their guns at them and ordered them to sit down with their hands up. Mr Be Bunnach, Kampong Cham District Police Chief, shot in the air to threaten them and beat Morn Men on his head till he fell down and lost consciousness. Bunnach ordered one of his men to take stagnant water and pour it on the victim’s face. After he regained consciousness, Bunnach beat him again. One of the others was also beaten but not so seriously as Morn Men. Bunnach accused them of committing theft at night. He accused Morn Men of being the ringleader, and tried to force them to confess. Morn Men and his colleagues did not confess. The police tied them up and took them to the police station. They did not care about the men’s injuries.

Ms Leng Vy, spouse of Morn Men, came to the police station and asked the police to allow her to take Morn Men to hospital. All three police deputies did not dare to help. Morn Men was lying down bleeding from his ears and nose. Leng Vy went to a human rights NGO. A human rights worker tried to meet Bunnach but was avoided by him. One of his deputies said he did not know the facts of the case and what happened during interrogation. He said the men would be released after interrogation. At last, the police chief allowed Morn Men to be taken to hospital. However, his condition has not improved although his family spent a lot of money for his treatment.

Action taken by the victim’s family:
One day after the incident, Ms Leng Vy filed a complaint with the prosecutor of Kampong Cham Court. The prosecutor sent a letter (No. 404, 14 August 2002) ordering the Provincial Police Justice Office to conduct an investigation into this matter, but there was no action at all. Leng Vy tried to meet Col. Kang Sokhorn several times, but he was always busy. She decided to meet Mr Seng Sokim, Deputy Provincial Police Commissioner, while he was going out of his office. He told her, “We have not taken any action over your case because your case is very serious, in particular because you have complained to a human rights organisation. So it is better for you to talk with the district police.”

Action taken by the authorities:
After finding that the perpetrator was a police officer, the prosecutor issued an order to the Central Justice Officer of Kampong Cham Provincial Police for investigation. Mr Sen Hong Se, a prosecutor’s clerk, sent an order to the District Police to conduct an investigation. The District Police sent the case to the Provincial Police Commissioner. The Police Commissioner sent the case to the Central Justice Police Office where Mr Chrin Sam An is responsible. He transferred the case to Mr Seng Sok Kim, Deputy Provincial Police Commissioner. He transferred this case to the Light Criminal Offense Office for investigation. Until now, this case has not been addressed.


Case 2: Torture committed by Kampong Cham police on 26 December 2002


Facts:
Ms Chheng Savy, 43, and Mr Chheng Thorn complained to police that their money was stolen by Mr Chhem Chhen, 19, of Beung Ses Commune, Tbaung Khmum District, Kampong Cham Province. Lt. Ou Theary, Chief of Kor Commune Administrative Police Station, sent two police officers, Thort and Tieat, to look for Chhem Chhen.

On 26 December 2002, at 17:00, Thort and Tiet stopped Chhem Chhieng, brother of Chhem Chhen. After they knew that it was not the right person, they let him go and then arrested Chhem Chhen while he was watching football at Beung Ses Primary School. They brought him to the police station. When the police chief saw him he kicked him and hit him on the chest, head, waist and back. He was seriously injured. After that they chained him until 20:00.

Action taken by the victim’s family:
When his mother, Phai Sa Ee, knew about his arrest she came to police station and asked the police chief to release her son. The police chief asked for 200,000 Riels bail. She told him that she was poor and had no such amount of money. When he knew that she really had no money, he agreed to release the boy. Chhem Chhen was sent to Tbaung Khmum District Hospital.

Action taken by the authorities:
After Adhoc received this information, it sent its staff to investigate the case. Adhoc sent this information to the Chief Prosecutor of Kampong Cham Provincial Court on 30 December 2002, and is awaiting action by the prosecutor. 


Case 3: Torture committed by Kep police officer on 4 December 2002

Facts:
On 4 December 2002, Mr Khath Mann and his two workers went to his farm at Chamkar Bey Village, Pong Teuk Commune, Damnak Chang Eur District, Kep Municipality. Because his fields are located among other fields, he and his workers cut a fence in order to pass to his farm. While his workers and he were planting a banana tree, a woman shouted “thief!” and called three soldiers guarding General Ke Kim Yan (Chief of Staff of the Royal Army of Cambodia). When Khath Mann and his workers saw the soldiers, they ran away. The soldiers chased and caught him. They tied him, and beat and kicked him seriously. They confiscated his mobile phone and broke the mirror of his car. They accused him of damaging durian trees belonging to General Ke Kim Yan.

After Khath Mann was sent to Ke Kim Yan’s farm, Mr. Heng Kort, the guards’ chief, interrogated him. He continued to torture him to obtain a confession. The victim was kept in a locked room and was hit on his head and face and had his teeth broken. He was kicked in many places on his body. Fifteen minutes later, the Damnak Chang Eur police arrived and took him to their police station. Next morning, he was sent to court. On 5 December 2002, at 17:00, the prosecutor released him. The victim did not want to let human rights NGOs know about this incident because he is afraid of General Ke Kim Yan.

Posted on 2005-03-21



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