Friday, May 2, 2014

Illegal Security Guards destroy Democratic in Cambodia

Illegal Security Guards destroy Democratic in Cambodia 

On July 28, 2013 was historical event in Cambodia which people braved to fight for their freedom and they also had movement to protect their vote through observation and monitoring the election process. Some villagers were standing from the begging of open office of election process till counting vote. The social media post many irregular voting processes by accusing that the Vietnamese people had rights to vote but the Cambodian people banned them to entrance to the office of election station. At the end of Election Day, there was serous violence happening at Stung Meanchey bridge which people accused the staff of National Election Committed (NEC) biased to rule party, which called Cambodian People Party (CPP). At least a police van had been burnt and many people got injure and arrested. The people who favored Cambodian National Rescue Party (CNRP) were not happy with the election process and they demanded the NEC to vote again. They started to protest on the street. However, they were dispersed by the authorities.

Source from facebook: the irregular voting process in Cambodia on July 28, 2013

At the night time of date day, the preliminary result of election had been broadcast by National TV and other channel. It’s seen that the majority of provinces were covered by CNRP. However, the final result had been announced that CPP won 68 seats and CNRP had 55 seats. CNRP members were not happy with the result and they started to provoke their members to do demonstration to demand to re-election and counting again. They also demanded to reform and change the member of NEC which was accused to favor to CPP. In December, the people movement started increasing from day to day which made Hun Sen had got headache. The garment factory workers also started to demand the minimum wage from $65 to $160 per month. Most of CNRP supporter are garment factories workers and the poor who were suffered by land grabbing and force eviction without paying suitable compensation. At the end of December 2013, more than ten hundred thousand people were gathering and marching everyday and the government started to ban some main road which arose people got anger because they were difficult to access their home. The people were not happy with road blockage and they moved barricade from the road which caused police to fire and kill a man who travel along the road to his home after he left from work place. He was shot on his head on the Kbal Knal sky bridge.  The government leader started saying that the demonstrators must attention with third arm person (it's might referred to another group will create trouble thing against peaceful demonstration). Since then, the security guard which wear helmet and mash staring fighting and beating the innocent demonstrators. Paratrooper No.911 started crackdown the hug factory worker movement at Yak Jin and Canadia factory.  As result, on January 2 and 3, the military started gunning workers and killed at least 4 people and more than 30 people got minor and serious wound. The military also arrested 23 people but two men were released because of under age and not involving with the protest.  The Freedom Park was occupied by hundred thousand of CNPR had been dispersed and destroyed the camp on January 4.

Source: Phnom Penh Post. The man who supported by military, carried the iron pipe, hit Vorn Pov head during the military crackdown the peaceful demonstration on January 2, 2014.

The third arm persons are given privilege to fight and beat any persons who joined or stood nearby the peaceful demonstration. Such security guard always carry baton and iron stick to fight and beat the innocent persons. The guards are supported by police and local authorities. They have rights to arrest and beat anyone on the streets who join in the demonstration square. 

On May 1, 2014 Phnom Penh security guard beat innocent people who join the peaceful demonstration. Frequently this group has special authority to kill people.

Source from Social Facebook: Video the activity of Phnom Penh security guard  beat motorcyclist who attended a  peaceful demonstration near Freedom Park on May 1, 2014 during the International Labor Day .

Why do security guards have right to fight and beaten people without accusing illegal action? Do security guards have special provision to protect their activities?

We will review some exist regulations to understand the role and responsibilities of security guard:

1.      Constitution: It doesn’t say any which relate to security guard. However, the constitution states general principles concerning to personal or individual security. Upon the article 38 said “the law prohibits all physical abuse of any individual. The law protects the life, honor and dignity of citizens. No person shall be accused, arrested, or detained except in accordance with the law. The coercion, physical ill-treatment or any other mistreatment which imposes additional punishment on a detainee or prisoner is prohibited. Persons who commit, participate in or conspire in such acts shall be punished according to the law…” Article 32 (1) stipulated “Everybody shall have the rights to life, freedom and personal Security”. It mean that no one can harm other one.  Article 37 “The rights to strike and to organize peaceful demonstrations shall be implemented and exercised within the framework of law.”

2.      Law on Peaceful Demonstration in 2009: It states clearly assured freedom of expression of Khmer citizens through peaceful assembly, but this right shall not be used abusively affecting the rights, freedoms and honor of others, good customs of the national society, public order and national security.  The scope of implementation of this law extends to all peaceful gatherings or marches for demonstration in the Kingdom of Cambodia, but it shall not be applicable to:
1. Meetings or gatherings or marches during the electoral campaign rallies;
2. Gatherings inside or outside, adjacent to the fence of a factory or enterprise or other institution in regard to labor disputes, which is covered by the labor law;
3. Parades, funeral processions and other gatherings for the purposes of serving religion, art, culture, national customs and tradition, and educational dissemination activities for social interests.
Upon the Article 17 “Competent authorities shall take measures to protect the peaceful demonstration ensuring the security safety and public order and shall not interfere with the conduct of the peaceful assembly.”  And Article 19 Competent authorities designated to maintain security, safety and public order at venues of peaceful assembly shall wear proper uniforms and display name plates and identity codes on the front parts of their uniforms and shall adhere to the attitude of absolute patience.

Who is competent authorities?
The competent authority is referred to police and gendarmerie officer (article 15) to protect and prevent any violence happening. Out of these persons cannot be treated as competent authority. However, if any crime is happening, any people can catch the suspect without need to display the court warrant (article 87 “Arrest of Offenders in Flagrant Felony or Misdemeanor Cases” of Criminal Code Procedure).

Do Security Guard as Civil Servant?
Upon the content of Law on General Status of Civil Servant in 1994 state clearly that any one wants to be Civil Servant shall be selected through competition of examination (article 11 and 14). However, this group doesn’t apply for this item.
Criminal Code, 2009: Article 30 “Definition of Public Officials, Citizens Entrusted with Public Mandate through Elections”

1.      Public officials mean:
    1. persons who work in legislative, executive or judicial institutions who are appointed by legal instruments either permanently or temporarily with or without remuneration regardless of their status or age;
    2. other persons who work in public functions, including public agencies or public enterprises and other public institutions that are stated in the laws of the Kingdom of Cambodia.
2.      Citizens who are entrusted with public mandate through elections ie senators, members of National Assembly, commune/Sangkat councillors and citizens who are entrusted with public mandate through elections to perform other public functions.

If we look at the Code of Conduct for Enforcement Official which adopted by UN General Assembly resolution 34/169 of 17 December 1979, explained that  
 Article 1
Law enforcement officials shall at all times fulfil the duty imposed upon them by law, by serving the community and by protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession.

Commentary :

( a ) The term "law enforcement officials", includes all officers of the law, whether appointed or elected, who exercise police powers, especially the powers of arrest or detention.

( b ) In countries where police powers are exercised by military authorities, whether uniformed or not, or by State security forces, the definition of law enforcement officials shall be regarded as including officers of such services.

( c ) Service to the community is intended to include particularly the rendition of services of assistance to those members of the community who by reason of personal, economic, social or other emergencies are in need of immediate aid.

( d ) This provision is intended to cover not only all violent, predatory and harmful acts, but extends to  the full range of prohibitions under penal statutes. It extends to conduct by persons not capable of incurring criminal liability.
Article 5

No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment.

Commentary :

( a ) This prohibition derives from the Declaration on the Protection of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly, according to which:

"[Such an act is] an offence to human dignity and shall be condemned as a denial of the purposes of the Charter of the United Nations and as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights [and other international human rights instruments]."

( b ) The Declaration defines torture as follows:

". . . torture means any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners."

( c ) The term "cruel, inhuman or degrading treatment or punishment" has not been defined by the General Assembly but should be interpreted so as to extend the widest possible protection against abuses, whether physical or mental.

In conclusion, the current Security Guard are destroying the democratic in Cambodia. They violate the constitution and international laws. Upon the exist laws and regulations, the group of Security Guard don’t have any authority to fight, kick or beat anyone during the peaceful demonstration. Furthermore, the persons who initiated to create this group wanted Cambodia walk away from the democratic arena. S/he has intention to commit the crime therefore according to Article 28 of Criminal Code, s/he is instigator of a felony or a misdemeanor. The person who is instigator Must be responsible the crime happened.

In addition, the Security Guard who commit crime also Must be punished by the Criminal Code. They are penetrator article 25 of Criminal Code.

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