“Popular Justice”

PEOPLE’S COURT Preventing and responding to “POPULAR JUSTICE” in Cambodia i People’s Court តុ��រ��ជន Preventing and Responding to �រប��រ និង�រ��ើយតបចំ��ះ “Popular “�រ�ត់��ស Justice” ��យម�ជន” ��កម�� in Cambodia Produced with the Support of Sweden ឧបត�ម�ថវ��យ��សស៊ុយ��ត OHCHR MATERIAL 4 COLOR Report cover SIZE : A5 8-July-2019 This publication was produced with the financial support of Sweden. Its contents are the sole responsibility of OHCHR and do not necessarily reflect the views of Sweden. Table of Contents 1. EXECUTIVE SUMMARY .......................................................... 1 2. INTRODUCTION ...................................................................... 2 3. METHODOLOGY ..................................................................... 5 4. ACTS OF “POPULAR JUSTICE” IN CAMBODIA .................. 6 4.1. Manifestation of acts of immediate “popular justice” against people accused of robbery, crimes or resulting from street altercations ................................. 6 4.1.1. Instances of mob violence .................................. 6 4.1.2. Reasons leading to acts of immediate “popular justice” ................................................................. 7 4.2. Manifestation of acts of “popular justice” against people accused of witchcraft ....................................... 9 4.2.1. Witchcraft accusation and persecution ................. 9 4.2.2 An overview of the phenomenon of attacks against people accused of witchcraft ............... 10 4.2.3. Reasons leading to the witchcraft accusation and persecution ........................................................ 12 5. STATE OBLIGATIONS TO PREVENT AND PROTECT AGAINST “POPULAR JUSTICE” .......................................... 14 6. RESPONSE BY THE AUTHORITIES ..................................... 16 6.1. Protective legal and policy framework in Cambodia 16 6.2 Prevention .................................................................... 17 6.3. Investigation and prosecution .................................... 19 6.4. Remedies and reparations .......................................... 22 7. CONCLUSIONS ..................................................................... 23 8. RECOMMENDATIONS TO THE ROYAL GOVERNMENT OF CAMBODIA ...................................................................... 24 PEOPLE’S COURT Preventing and responding to “POPULAR JUSTICE” in Cambodia 1 1. Executive summary Violent acts of so-called “popular justice”, In July 2017 in Phnom Penh, Leng1, or tolakar prachechun (people’s court) a boy aged 15 was wandering in Khmer, such as killings or beatings of around small houses where factory people having allegedly committed a variety workers lived. One person accused of offences, continue to be reported in the him of wearing a tee shirt similar to Kingdom of Cambodia. The term “popular one previously stolen in the area. justice” refers to an act of people taking Several people gathered and then the law into their own hands, generally caught Leng and shouted that they involving violence, often in retaliation to an had caught a thief. They attached alleged crime, sometimes in response to his hands in his back. More people a perceived threat. In Cambodia, it can be came. Several people began to punch the sudden reaction of a crowd immediately and to kick him. Other people threw following an incident, or a premeditated cans of beer at his head. One witness murder organized by one or several people, reported that Leng was kneeling and resulting sometimes from years of fear and begging for pardon. His tears were bitterness. The latter is particularly the case mixing with blood running from his of the killings, beatings, harassment and/ head. Then, Leng tried to escape from or eviction of people accused of practicing the beatings and fell down in a pond witchcraft. People identified as witches or serving as a dump. The people watch sorcerers become scapegoats for a variety him drowning, without attempting of problems in a village. These include to rescue him. Later on, when the suspicious misfortune, pain, sickness and police arrived, it was too late. His death. In all cases, the perpetrators feel that dead body, covered with bruises, was what they are doing is right and that others found the next morning. The police will endorse their actions. conducted an investigation and only concluded that the cause of the In 2016, OHCHR resumed the work death was drowning. The prosecutor undertaken on “popular justice” in the early summoned some people to court but 2000’s and began to document cases of mob closed the case shortly after. The killings in order to understand the context beatings leading to the drowning in which they take place and to provide were never taken in consideration recommendations on how to address and investigated. Nobody was the situation. This report is also the first arrested. One man interviewed a attempt to analyse the mechanisms leading few days later said: “This boy was a to violence directed at people accused of bad person. He was a trouble-maker. witchcraft practices in Cambodia. Now he is dead. There will not be any problems anymore.” (source: OHCHR “Popular justice” in Cambodia, as in other Cambodia interviews). countries around the world, thrives on long existing prejudices, accumulated tensions 1 All the names contained in this document and frustration, based on a lack of trust have been changed to protect the privacy of in the rule of law and the justice system, individuals. discriminatory attitudes in society, poverty, 2 PEOPLE’S COURT Preventing and responding to “POPULAR JUSTICE” in Cambodia and lack of education, in particular human immediately following an incident or a rights education. An incident or long-time premeditated murder organized by one or rumour or scapegoating can be sufficient several people, resulting sometimes from to ignite these tensions. The inability, years of fear and bitterness. In all cases, the and sometimes the unwillingness, of the perpetrators feel that what they are doing authorities to respond to acts of “popular is right and that others will endorse their justice” can deny the whole range of human actions. rights, including the right to a remedy for victims of such acts. It can also lead to Acts of so-called “popular justice” are impunity, possibly increasing in turn the criminal acts under Cambodian law. Under likelihood of the perpetration of future acts international human rights law, the State has of “popular justice”. obligations to protect individuals from these crimes and to investigate and prosecute The report concludes with a series of perpetrators if such acts occur. If the State recommendations to the Royal Government does not do so, it can lead to violations of on Cambodia relating to: the right to life, right not to be subjected to • Law and policy torture and inhumane, cruel and degrading • Investigation and prosecution of all treatment, the right to a fair trial and the criminal offences presumption of innocence as well as the • Strengthened judicial institutions right to a remedy. It can also adversely • Awareness of the public, the judiciary affect the efforts to eliminate all forms and the police officers of discrimination. The 1993 Constitution and the 2007 Cambodian Criminal Code recognize these obligations of the State, in line with international human rights treaties, 2. Introduction in particular the International Covenant on Civil and Political Rights.2 From the early 2000s, United Nations human rights mechanisms began to raise concerns Violent acts of so-called “popular justice” about “popular justice”, in particular mob or tolakar prachechun (people’s court) killings, and the lack of response of the in Khmer, such as killings or beatings of Cambodian authorities to address them in people having allegedly committed a variety successive statements and reports. of offences, continue to be reported in the Kingdom of Cambodia. The perpetrators are In a public report published in 2002,3 usually ordinary people, who are generally the then Special Representative of the perceived more as avengers than criminals. Secretary-General for Human Rights in They are rarely investigated, arrested and Cambodia (SRSG) Peter Leuprecht, drew prosecuted. attention to a high number of street mob violence cases recorded in Cambodia from The term “popular justice” refers to an act mid-1999 to mid-2002 and raised concerns of people taking the law into their own about the lack of effective prevention and hands, generally involving violence, often in reaction from the police and the courts. In retaliation to an alleged crime. In Cambodia, that period, there had been 65 mob assaults it can be the sudden reaction of a crowd and killings, of which 50 had taken place in 2 All the names contained in this document have been changed to protect the privacy of individuals. 3 Street retribution in Cambodia, United Nations Special Representative of the Secretary General for Human Rights in Cambodia, June 2002. (cambodia.ohchr.org/sites/default/files/Thematic-reports/Thematic_CMB06062002E.pdf.). PEOPLE’S COURT Preventing and responding to “POPULAR JUSTICE” in Cambodia 3 Phnom Penh. He noted that while the police reduce criminality. This period of peace also had shown a willingness to intervene in some corresponded to the opening to a market cases, in ‘many’ cases they did not intervene economy and a surge in economic growth. to protect people who were being beaten and had even participated in instigating However, despite the decrease in acts of mob violence.

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