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

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.