Friday, October 17, 2008

Impunity at Work in Cambodia: Soldiers and Police Escape Prosecution

Nget Nith's bandaged shoulder after being shot by a RCAF soldier

October 15, 2008
Source: Licadho

For Cambodia's police and armed forces, impunity is the rule of law. In recent months Phnom Penh has been witness to a spate of shootings perpetrated by police or Royal Cambodian Armed Forces (RCAF) personnel. These individuals at the time of the shooting incidents were either off-duty or working second jobs as security guards, during which they were illegally carrying firearms. Following the shootings all these perpetrators escaped prosecution because they were protected by their high-level connections, paid out-of-court compensation to the victim to ensure a criminal complaint was not made, or were allowed to go into hiding.

RCAF Brigade 70 soldier shoots factory worker

On July 31, 2008, Dy Sothearith, a soldier in Brigade 70, an elite RCAF unit which includes the Prime Minister's bodyguard unit, shot Nget Nith, a worker at the Toyo Food Product Co. factory Dangkao district, Phnom Penh. Dy Sothearith was working at the factory as a private security guard provided by the Cambodia Special Security Agency (CSSA), owned by Leng Ho, a senior official in the Ministry of Interior. The shooting occurred after Nget Nith, a technician at the factory, had attempted to enter the factory 15 minutes prior to the start of the night shift. After Sothearith refused him entry, a small argument erupted and the security guard shot Nith in the shoulder (he initially aimed his gun at Nith's chest but Nith turned his body sideways and the bullet hit his shoulder). Sothearith fled the scene after the shooting.

The Toyo Food factory reportedly loaned money to Nith to pay for his medical costs and the CSSA paid Nith $1000 in compensation, in exchange for him not pursuing a criminal complaint against Dy Sothearith in court. At the same time, Dy Sothearith is believed to have gone into hiding within the Brigade 70 headquarters. Although many people witnessed the shooting of Nith and the district police conducted an investigation into this criminal act, the Phnom Penh Municipal Court has not taken any action to prosecute Sothearith.

Under Cambodian law, it is unlawful for the police not to send a file on a criminal case to court, or for a court not to file criminal charges, simply because the alleged perpetrator has paid compensation to the victim.

RCAF Brigade 70 soldier shoots man after traffic accident

On July 11, 2008, Meur Bora, also a RCAF Brigade 70 soldier, was driving his Lexus sports utility vehicle in Daun Penh district, Phnom Penh, when a Camry car driven by So Vinas and Pav Mengleang scratched his vehicle. Vinas and Mengleang continued to drive on as they were afraid of retribution should they stop their car. Bora pursued the Camry and managed to block its path with his own car. Bora then proceeded to shoot at the car, injuring Mengleang in the leg, and then beat Vinas on the head with his gun.

Bora was arrested and detained overnight by Daun Penh district police. The next day Bora was released and paid compensation to his victims. No further action has been taken by the police nor the court to prosecute Bora.

Police officer shoots and kills tuk tuk driver in bar

On May 5, 2008, Chhoun Mony, a Daun Penh police officer who was working off-duty as a security guard outside the Walkabout Bar, shot dead tuk-tuk driver Ieng Nhim. The killing took place at 12:30am when Nhim was waiting outside the bar for guests. Nhim and some of the other tuk-tuk drivers had apparently insulted Mony and he retaliated by shooting Nhim twice. Nhim was taken to hospital but later died of his wounds.

Police initially questioned witnesses to the shooting and also Nhim's relatives, however Mony managed to escape arrest. A police file on the murder was sent to court officials who have said that they will issue an arrest warrant for Mony; however, it is highly unlikely that the policeman will ever be arrested by his fellow police officers who are responsible for implementing arrest warrants.

Prime Minister Hun Sen's Bodyguard shoots and kills waitress

On September 4, 2008, Mean Sokchea, a RCAF Major working in Prime Minister Hun Sen's bodyguard unit, shot dead 21-year-old waitress Put Samphors at the Floating Beer Garden and Restaurant in Kien Svay district, Kandal province. On the night of the shooting Samphors had apparently refused Sokchea's romantic advances, however Sokchea continued to try and convince her to date him. It was raining at the time and Sokchea took his gun out apparently to fire into the air in an attempt to stop the rain. In his drunken stupor Sokchear discharged his gun, hitting Samphors in the stomach. Samphors was taken to hospital but later died of her wounds.

Sokchea was detained by the police overnight but was then released, allegedly after intervention by Hing Bun Heang, the commander of the Prime Minister's bodyguard unit. Samphor's family received $2700 from Sokchea and were told by police that their daughter was shot while authorities were chasing robbers.

No further action has been made on this case.

These four cases above highlight the pattern of impunity applied to off-duty police officers and RCAF soldiers and the continued failure of the judiciary to bring these perpetrators to justice. LICADHO urges the authorities and the courts to prosecute all perpetrators of violence (in particular the cases outlined above), regardless of what position they may hold, connections they may have, or if compensation has been paid to the victims.

7 comments:

Anonymous said...

This is a stupidity of individual who happens to be in the military service. You can't go around blaming the whole RCAF for some idiot. This is a criminal case, deal with it in the court of criminal law.

If one of your family member is caught shoplifting, how would you like everyone to label your whole family as shoplifters? It's stupid and ignorant. Don't generalize. If some of the RCAF soldiers commit some something stupid like that, I'm sure they will be disciplined. I have family in the service and I've seen soldiers being disciplined for various things, drunk shooting, late for morning check in, etc...

Anonymous said...

7:08am
Since you have family worked in either service it's for you to tell your family to help arrest those criminal and put on trial. Believe me your family will become a heroe. When your family work there and know who the crimanl is and do nothing to turn them in to the authority, your family is also a criminal.

Anonymous said...

The criminal act of a soldier relects very much the kind of leadership and the culture of the unit he is serving under.

I was once a young fresh innocent platoon leader in the Khmer Republic Army sending a young lad to buy a dozen eggs for dinner. He went half a day and when he returned he had a basket full of eggs, two chickens and a beautiful rooster, and my money back. As he walked away I looked at his rifle,hand grenades and bayonet dangling, and rattling, I thought to myself I am now a leader of a band of robbers, and I knew a had a HUGE problem to tackle.


I nearly beat one of my soldier to death with his own RPG on a bridge when he was so drunk and was threatening to shoot at the villagers who atempted to cross and go home before dark. I simply made it known that if anyone of them did not like me they can shoot me from in the back anytime, I was paid to lead them through hell or high water and I accept my fate. They all seem to understand what leadership and fairness is and started to shape up quite nicely from that time on.


Throwing weapons in the hands of a juvenile without training and rigourous discipline will cost civil society unmeasurable grief such as we Khmer have seen during the killing field!!! please, please, please do not let that happen ever again!

Anonymous said...

Send these 70 brave soldiers to the border and let see how brave they are.

Anonymous said...

9:22am
I agree with you that soldier or polices who go through properly trainning will understand their duty is to protect and serve the country and its people. But those who joint and rise in rank by bribe and connection will commit all kind of deed against what they suppose to serve.

Anonymous said...

I don't care who the fucked they are, whether you're a fucking bodyguard, policemen, or soldier. If they use the weapon in the wrong way, they should be punish, and the court of law as well, they shouldn't take bribery. All they care about is money, should take them off the bench, and put me on it, I'll hung their ass just like the old laws back in the day. From OSB, peace out you (Ricky Red Rooster)

Anonymous said...

iT IS AH kWACK'S LAW , STUPID!
"Serve me than you are protected! brave killer can be the next leader, Hun Xen"