Torture by Police, Forced Disappearance & Other Ill Treatment In the early years of the 21st Century, 2000 to
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CAUTION: The following links
have been culled from the web to illuminate the situation in Cambodia. Some of these links may lead to websites
that present allegations that are unsubstantiated or even false. No
attempt has been made to validate their authenticity or to verify their content. HOW TO USE THIS WEBPAGE Students If you are looking
for material to use in a term-paper, you are advised to scan the postings on
this page and others to see which aspects of Torture by Authorities are of
particular interest to you. You might
be interested in exploring the moral justification for inflicting pain or
inhumane or degrading treatment or punishment in order to obtain critical
information that may save countless lives, or to elicit a confession for a
criminal act, or to punish someone to teach him a lesson outside of the
courtroom. Perhaps your paper might
focus on some of the methods of torture, like fear, extreme temperatures,
starvation, thirst, sleep deprivation, suffocation, or immersion in freezing
water. On the other hand, you might
choose to write about the people acting in an official capacity who
perpetrate such cruelty. There is a
lot to the subject of Torture by Authorities.
Scan other countries as well as this one. Draw comparisons between activity in
adjacent countries and/or regions.
Meanwhile, check out some of the Term-Paper
resources that are available on-line. ***
ARCHIVES *** Substance abuses: The human cost of Cambodia’s anti-drug campaign Amnesty
International AI, 12 May 2020 -- Index number: ASA 23/2220/2020 www.amnesty.org/en/documents/asa23/2220/2020/en/ [accessed 13 May
2020] The anti-drug
campaign has not only failed in its primary mission of reducing drug use and
related harms, it has led to systematic human rights violations. These
violations include not only the systematic denial of the right to health, but
also arbitrary arrests and detention, wrongful convictions, and torture and
other ill-treatment. Family Claims
Cambodian Detainee Was Tortured to Death in Prison, Despite Suicide Ruling Radio Free Asia RFA,
8 May 2020 www.rfa.org/english/news/cambodia/torture-05082020150845.html [accessed 10 May
2020] Orn Tith’s aunt, Yorn Kim, told
RFA’s Khmer Service Friday that her nephew’s hands, legs, back, and waist
were covered in bruises when his family went to retrieve his body, saying it
appeared as if he had been beaten with a baton or thick cable while
handcuffed and shackled. She said she believes
he was tortured to death and demanded that the provincial court bring his
murderers to justice, adding that she filed a complaint with court
authorities on Thursday. 2020 Country
Reports on Human Rights Practices: Cambodia U.S. Dept of State Bureau of Democracy, Human Rights, and
Labor, 30 March 2021 www.state.gov/reports/2020-country-reports-on-human-rights-practices/cambodia/
[accessed 7 July
2021] B. DISAPPEARANCE The Venerable Meas Vichet, a well known monk, went missing on June 18 in Krobei Riel Commune, Siem Reap
Province. A priest who was with him before his disappearance reported that Krobei Riel security officials detained them, forcibly
removed their clothes, and beat them, claiming they had information on the
murder of Kem Ley. At year’s end Meas Vichet remained missing. A media officer of
the UN Office of the High Commissioner for Human Rights in Geneva raised concerns
that the incident “may now comprise an enforced disappearance.” As of
November the UN Working Group on Enforced or Involuntary Disappearances was
conducting an investigation. TORTURE AND OTHER
CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT There were credible
reports military and police officials used physical and psychological abuse
and occasionally severely beat criminal detainees, particularly during
interrogation. On May 8, the aunt of Orn Tith alleged that prison guards had tortured and murdered
her nephew, who was in custody for stealing and damaging a car, and that his
body was covered in bruises when she went to retrieve it. In a report
released in May, Amnesty International wrote that authorities “routinely
subject suspects to torture and other forms of ill-treatment” as part of the
nation’s “war on drugs” campaign. According to eyewitnesses, land rights
activist Tuy Sros was
tortured before his death (see section 1.a.). Freedom House
Country Report 2020 Edition freedomhouse.org/country/cambodia/freedom-world/2020 [accessed 14 May
2020] F3. IS THERE PROTECTION FROM THE ILLEGITIMATE
USE OF PHYSICAL FORCE AND FREEDOM FROM WAR AND INSURGENCIES? Cambodians live in
an environment of repression and fear. The torture of suspects and prisoners
is frequent. The security forces are regularly accused of using excessive
force against detained suspects. Human
Rights Watch World Report 2015 - Events of 2014 Human Rights Watch,
29 January 2015 www.hrw.org/world-report/2015/...
or download PDF at www.hrw.org/sites/default/files/wr2015_web.pdf [accessed 18 March
2015] CAMBODIA ARBITRARY DETENTION,
TORTURE, AND OTHER ILL-TREATMENT - The authorities detained hundreds of
people they deemed to be “undesirable,” without judicial recourse in
so-called drug treatment centers, where they face torture, sexual violence,
and—in at least two centers—forced labor. Authorities locked up alleged drug
users, homeless people, beggars, street children, sex workers, and people
with disabilities in these centers for arbitrary periods. People held during
investigation, or prosecution for common criminal offenses, or convicted in
court, were still routinely tortured, or otherwise ill-treated. The police
and prison authorities, beat, pistol-whipped, used electro-shock, kicked,
slapped, and punched inmates, often until they become unconscious. Much of
the torture was aimed at extracting confessions or extorting money. Torture, Abuse
Continue in Country’s Judicial System, Group Reports Heng Reaksmey,
Voice of America VOA Khmer, 25 June 2014 [accessed 30 June
2014] “Inmates continue
to describe being beaten, kicked, slapped or punched, often until they were
bleeding and unconscious,” Licadho says. “Objects
used during beatings included guns, sticks, iron rods, stun batons and
electric cables. One of the primary purposes of abuse continued to be the
forced extraction of confessions or money.” Licadho’s report includes
abuse of women and juveniles and those with mental health problems. It
includes 500 cases recorded since 2008. Inmates also
reported “being dragged on the ground by their hair; being forced to stand on
one leg for prolonged periods; of guards standing and stamping on bodies and
faces; objects being forced into mouths; cigarette burns; forced prolonged
kneeling, including in direct sunlight; choking; and the use of electro-shock
weaponry for torture.” Three men say
police tortured them Phak Seangly,
The Phnom Penh Post, 14 February 2014 www.phnompenhpost.com/national/three-men-say-police-tortured-them [accessed 17
February 2014] Three men in Ratanakkiri’s Lumphat district
filed a complaint with the provincial court yesterday, claiming a commune
police officer tortured and illegally detained them on Tuesday night. Local authorities
dispute that characterisation, however, and said
that the men had started a fight at a wedding and were arrested, but not
tortured. In their complaint,
Duong Deth, 28, Him Khoeum,
28, and Nub Ry, 23, accuse a Seda commune police
officer known as “Mr Ny”
of ordering a group of village security guards to strip the men and tie them
to a table before pouring water and beer on their heads periodically
throughout Tuesday night and Wednesday morning. “They handcuffed
us, hit us, kicked us and dragged us to the commune office where we were
detained and tied to a table with chains and hammock strings. And they
punched us on the mouth and head many times,” Ry said. “They stripped us
to only our underwear. It’s very inhumane. They also [threatened] to urinate
on our heads.” The men claim they
were mistreated until dawn. Conclusions and
recommendations of the Committee against Torture U.N. Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
-- Doc. CAT/C/KHM/CO/2 (2011) www1.umn.edu/humanrts/cat/observations/cambodia2011.html [accessed 24
February 2013] 15. The Committee
remains deeply concerned by the numerous, ongoing and consistent allegations
of torture against and ill-treatment of detainees in detention facilities, in
particular in police stations. In this respect, the Committee is further
concerned at numerous allegations of cases of sexual violence against women
in detention by law enforcement and penitentiary personnel. The Committee is
also concerned that such allegations are seldom investigated and prosecuted
and that there would appear to be a climate of impunity resulting in the lack
of meaningful disciplinary action or criminal prosecution against persons of
authority accused of acts specified in the Convention. While noting the
information provided by the State party that its national laws, especially
the Penal Procedure Code, do not contain any provisions that can be used as a
justification or means for an excuse for torture, under any circumstances,
the Committee is concerned at the lack of a provision in domestic legislation
expressly prohibiting the invocation of exceptional circumstances as a justification
for torture. (arts. 2, 4, 12 and 16) As a matter of
urgency, the State party should take immediate and effective measures to
prevent acts of torture and ill-treatment, including sexual violence in
detention, throughout the country, including through the announcement of a
policy that would produce measurable results in the eradication of torture
and ill-treatment by State officials, and through monitoring and/or recording
of police interrogation sessions. The State party
should also ensure that all allegations of torture and ill- treatment,
including sexual violence in detention, are investigated promptly,
effectively and impartially, and that the perpetrators are prosecuted and
convicted in accordance with the gravity of the acts, as required by article
4 of the Convention. The State party should enact a sentencing scheme
governing convictions of torture and ill-treatment by government officials to
ensure that adequate sentences are given to those who are found guilty of
such acts. The State party should
ensure that its domestic legislation includes a provision expressly
prohibiting the invocation of exceptional circumstances as a justification of
torture. Complaints and
prompt, impartial and effective investigations 16. The Committee
expresses its concern at reports that torture and ill-treatment by law
enforcement and prison officials are widespread, that few investigations are
carried out in such cases and that there are very few convictions. The
Committee is also concerned at the absence of an independent civilian
oversight body with the power to receive and investigate complaints of
torture and ill-treatment by police and other law enforcement officials. The
Committee regrets the lack of detailed information provided by the State
party, including statistics, on the number of complaints of torture and
ill-treatment and results of all the proceedings, both at the penal and
disciplinary levels, and their outcomes. Furthermore, the Committee is
concerned at the lack of effective mechanisms to ensure the protection of
victims and witnesses. (arts. 1, 2, 4, 12, 13 and 16) The State party
should strengthen its measures to ensure prompt, impartial and effective
investigations into all allegations of torture and ill-treatment of convicted
prisoners and detainees, including in police stations, and to bring to
justice law enforcement and prison officials who carried out, ordered or
acquiesced in such practices. The State party should establish an independent
law enforcement complaint mechanism and ensure that investigations into
complaints of torture and ill-treatment by law enforcement officials are
undertaken by an independent civilian oversight body. In connection with
prima facie cases of torture and ill-treatment, the alleged suspect should as
a rule be subject to suspension or reassignment during the process of
investigation, to avoid any risk that he or she might impede the
investigation or continue any reported impermissible actions in breach of the
Convention. Furthermore, the
State party should establish a programme of victim
and witness protection to assist in ensuring confidentiality and to protect
those who come forward to report or complain about acts of torture, as well
as ensure that sufficient funding be allocated for its effective functioning. Prolonged pretrial
detention 17. The Committee
notes with concern that the State party’s criminal justice system continues
to rely on imprisonment as the default option for defendants awaiting trial
and it remains concerned about the unwarranted protraction of the pretrial
detention period during which detainees are likely to be subjected to torture
and other ill-treatment. (arts. 2 and 11) The State party
should adopt effective measures to ensure that its pretrial detention policy
meets international standards and that it is only used as an exceptional
measure for a limited period of time, in accordance with the requirements
under the Constitution and the Code of Penal Procedure. To this end, the
State party should reconsider its use of imprisonment as the default option
for defendants awaiting trial and consider applying measures alternative to
such pretrial detention; that is supervised release prior to trial. It should
also comprehensively apply and further develop legal provisions permitting
non- custodial measures. Human Rights in
Cambodia Human Rights Watch www.hrw.org/node/104388 [accessed 22 January
2013] Cambodia’s human
rights record remains poor. The
judiciary lacks independence, leaving the government free to threaten arrest
and prosecution and to curtail the right to free speech. The government also
jails its critics, disperses peaceful protests by workers, displaces
communities and farmers, and silences opposition party members. The military and police frequently kill and
torture criminal suspects with impunity, threaten human rights defenders, and
forcibly evict residents from land coveted by commercial interests. Government interference threatened to
undermine the tribunal trying senior Khmer Rouge officials for genocide, as well
as prevent prosecution of additional cases submitted by the international
co-prosecutor. Torture now as ever
Cambodia's curse The Phnom Penh Post,
7 July 2000 www.phnompenhpost.com/national/torture-now-ever-cambodias-curse [accessed 19 Jan
2014] Torture is an
everyday occurrence in Cambodia. People are regularly and routinely beaten
black and blue with punches and kicks. They are hit with batons, iron bars,
gun butts, pieces of wood or other objects, subjected to electric shocks,
whipped with wire, bamboo, rope or belts.
Some are nearly suffocated with pieces of plastic, or have their feet
crushed under wooden or iron bars. For many victims, torture includes rape or
other sexual abuse. Aside from
physical torture, methods of psychological torture include prolonged unlawful
detention, verbal intimidation and death threats, mock executions and
physical assaults or threats against relatives of victims. Torture is inflicted
on men, women and children in Cambodia, and many victims receive this
treatment at the hands of those who are supposed to protect society: police
officers, soldiers, government bodyguards and others in positions of
authority. The single biggest reason
why torture is permitted to flourish in Cambodia into the 21st Century is the
lack of accountability before the law of criminals who hold power or
influence. Search … AMNESTY
INTERNATIONAL For current
articles:: Search Amnesty
International Website www.amnesty.org/en/search/?q=cambodia+torture&ref=&year=&lang=en&adv=1&sort=relevance [accessed 25 December
2018] Scroll
Down ***
EARLIER EDITIONS OF SOME OF THE ABOVE *** 2017 Country
Reports on Human Rights Practices U.S. Dept of State Bureau of Democracy, Human Rights, and
Labor, 20 April 2018 www.state.gov/reports/2017-country-reports-on-human-rights-practices/cambodia/ [accessed 20
February 2020] B. DISAPPEARANCE The Venerable Meas Vichet, a well known monk, went missing on June 18 in Krobei Riel Commune, Siem Reap
Province. A priest who was with him before his disappearance reported that Krobei Riel security officials detained them, forcibly
removed their clothes, and beat them, claiming they had information on the
murder of Kem Ley. At year’s end Meas Vichet remained missing. Human Rights
Reports » 2005 Country Reports on Human Rights Practices www.state.gov/g/drl/rls/hrrpt/2005/61604.htm [accessed 22 January
2013] 2009-2017.state.gov/j/drl/rls/hrrpt/2005/61604.htm [accessed 3 July
2019] TORTURE
AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – The law
prohibits torture and physical abuse of prisoners; however, beatings and
other forms of physical mistreatment of prisoners continued to be a serious problem.
There were credible reports that military and civilian police officials used
physical and psychological torture and severely beat criminal detainees,
particularly during interrogation. According to the government, the number of
inmates detained in the country's 24 prisons increased from 7,423 in 2004 to
9,373. A local NGO that monitored 17 of the prisons reported that during the
year 308 inmates were pretrial detainees who had been held longer than the 6‑month
maximum detention period established by law. Of 189 inmates interviewed by a
local NGO, 25 claimed they were tortured upon their arrival at prison, and 52
others claimed they were tortured while in police custody. Members of the
police and security force who carried out abuse often were protected from
prosecution or disciplinary action by local government authorities, despite
occasional central government efforts to curtail or eliminate violations of
prisoners' rights and address problems of accountability. On April 29, a
commune police chief and another police officer without a warrant forcibly
arrested a man because of a personal dispute from the previous day. The
policemen suspended the man upside down from the ceiling of the police
station, where he was interrogated, beaten, and forced to confess to a
robbery in which he had no involvement. The victim was released later that
night. Following a provincial police officer's urging, the victim accepted
financial compensation and withdrew his criminal complaint from the
provincial court. No legal action was taken against the police chief, and the
case was terminated. On November 8, a 15‑year‑old
female prisoner filed a complaint with a local NGO, alleging that a guard
threatened her with a gun after she refused his sexual advances. The prisoner
later alleged that, in retaliation, prison authorities deprived her of
sufficient clothing, food, and bathing time. A formal complaint was filed by
the NGO with a provincial prosecutor, and the accused prison guard was
suspended while the prosecutor investigated the complaint. Freedom House
Country Report - Political Rights: 6 Civil Liberties: 5 Status: Not Free 2009 Edition www.freedomhouse.org/report/freedom-world/2009/cambodia [accessed 22 January
2013] LONG URL
ç 2009 Country Reports begin on Page 21 [accessed 11 May
2020] The judiciary is
not independent and is marred by inefficiency and corruption. There is a
severe shortage of lawyers, and judges are poorly trained and subject to
political pressure from the CPP. Lower courts in particular do not meet basic
international standards. Abuse by law enforcement officers, including illegal
detention and the torture of suspects, is common. All
material used herein reproduced under the fair use exception of 17 USC § 107
for noncommercial, nonprofit, and educational use. PLEASE RESPECT COPYRIGHTS OF COMPONENT
ARTICLES. Cite this
webpage as: Patt, Prof. Martin, " Torture by Police, Forced
Disappearance & Other Ill Treatment in the early years of the 21st
Century- Cambodia", http://gvnet.com/torture/Cambodia.htm, [accessed
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