CAMBODIA: A military police officer assaults a journalist for reporting on his corruption in Sihanoukville

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-171-2008
ISSUES: Corruption, Freedom of expression,

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a military police officer,  Nget Vutha alias Kin, slapped a journalist, Ros Phina in the face for reporting on his facilitating of the transportation of protected timber. This incident happened on 25 July 2008 in the district military police headquarters in Stung Hav district, in the seaport town of Sihanoukville.

CASE DETAILS: (Based on the testimony from the victim)

Source: Ros Phina, 45, victim, journalist for Koh Santepheap newspaper,  Group 1, Zone 1, Commune 3, Mittapheap district, Sihanoukville)

On 24 July 2008, Ros Phina, a journalist for Koh Santepheap newspaper, wrote a story about the transportation and delivery, to various timber merchants in the seaport town of Sihanoukville,of protected timber. This was carried out under the aegis of forestry and other officials. The story mentioned that a military police officer, with the rank of Captain in the military police of Stung Hav district of that town, was the leader of this protection ring.

At around 6 pm, military police captain Nget Vutha alias Kin phoned Ros, requesting that he retract his story. Ros suggested a meeting the next day to address the issue.

At about 1 pm on July 25, Ros,together with two fellow journalists, went to meet with Nget. Once inside the Stung Hav district military police headquarters, Ros met with a subordinate of Nget who greeted him with contempt .  He questioned Ros as to why he had criticized his boss. Then Nget came outside and all stood by the guard kiosk,in front of the main building, to discuss the matter.

Nget repeated his request that Ros retract his story in the Koh Santepheap newspaper. Nget stated that all timber merchants in town had licenses to purchase timber for sale and that there was nothing illegal about the present transportation and delivery of timber. Ros refused Nnet’s request. He then tried to reason with Nget to find a way out of the impasse.

Referring to procedure, under the Law of the Press, Ros made a suggestion to Nget. Write a reply to the editor of his newspaper requesting publication. Furnish him with copies of the licenses as evidence, showing the legality of transportation and delivery of timber. If he were to write a retraction, Ros said,his editor would suspect he was in collusion with Nget. Without a reply from Nget, Ross added, his editor would request that he continue to investigate the case.

Upon hearing this negative response, Nget became enraged. He slapped Ros in the face with his full strength.  This would have caused him to fall to the ground if his two colleagues were not there to hold him up. Nget then walked away ordering his subordinate to escort Ros and his colleagues out of the area. However, Ros stayed and made a phone call to the district military police commander, Vong Bun Than, to complain about Nnet’s assault on him. Vong asked Ros to settle the matter amicably accepting a compensation of 100000 riels (USD 25) for medical treatment. Ros refused the offer and filed a formal complaint with the commander of the military police of the town of Sihanoukville to seek justice and action against Nget Vutha.

BACKGROUND INFORMATION:

Illegal logging is one of Cambodia’s major problems causing rapid deforestation which the government has been trying to control. This control includes a ban on the transportation of protected timber. But it is ineffective due to inept law enforcement together with corruption among law enforcement agents.

Cambodia has two major police forces, doing more or less the same job of policing: the National Police (civilian) under the authority of the Ministry of Interior, and the Military Police under the authority of the Ministry of National Defence. The Military police are the more feared as they have military uniforms, have received military training, have better equipment, and have roughly handled people.

The Law of the Press (1995) article 10 states:   “If any person believes that any article or text, even if the meaning of the article or text is implied, or any image, drawing or photograph of any person is false and harms his or her honor or dignity, that person has the right to demand a retraction from or the right to reply to the publisher of the statement and the right to sue on the charge of defamation, libel or humiliation which harms his or her honor or dignity. A retraction or reply shall be published within seven days or in the next issue after receiving a demand for retraction or reply.”

SUGGESTED ACTION:
Please write your letter to the authorities listed below to urge them to take action against military police captain Nget Vutha alias Kin for his assault of journalist Ros Phina.

Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on freedom of opinion and expression calling for intervention in this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _______

CAMBODIA: A military police officer assaults a journalist who reported on his corruption in Sihanoukville

Name of victim: Ros Phina, 45, journalist for Koh Santepheap newspaper, Group 1, Zone 1, Commune 3, Mittapheap district, Sihanoukville
Name of alleged perpetrator: Military police captain Nget Vutha alias Kin, Military Police District Headquarters, Stung Hav district, seaport town of Sihanoukville.
Place of incident: Military Police District Headquarters, Stung Hav district, seaport town of Sihanoukville. 
Date of incident: 25 July 2008

I am writing to express my deep concern on the assault of a journalist by a military police officer on the afternoon of 25 July 2008 at the military police district headquarters of Stung Hav district of the seaport town of Sihanoukville. The day before, Ros Vutha, a journalist for Koh Santepheap newspaper, published a story relating to the transportation and delivery of protected timber to timber merchants in the seaport town of Sihanoukville. This action was carried out under the aegis of forestry and other officials.

The story, without naming names, made reference to a military police officer with the rank of captain,of Stung Hav district military police, as the leader of this protection ring.

In the early evening, around 6pm, military police captain Nget Vutha alias Kin phoned Ros requesting him to retract his story. Ros, however, suggested a meeting the next day to address the issue.

On the 25 th of July, around 1pm, Ros, together with two fellow journalists, went to meet with Nget. Once inside the Stung Hav district military police headquarters, Ros was met by a subordinate of Nget who greeted him with contempt. He questioned why Ros had criticized his boss. Then Nget came out of the building and all stood by the guard kiosk in front the main building, to discuss the matter.

Nget repeated his request to Ros to retract his story in his newspaper. Nget stated that all timber merchants in town had licences to purchase timber for sale and that there was nothing illegal with the present transportation and delivery of timber. Ros refused Nget’s request. He then tried to reason with Nget to find a way out of the impasse.

Referring to procedure under the Law on the Press, Ros suggested that Nget write a reply to the editor of his newspaper for publication. This, together with a copy of the licenses would constitute evidence of the legality of the transportation and delivery of the timber. If he were to write a retraction, Ros said, his editor would suspect he was in collusion with Nget. Without such a reply from Nget, Ross added, his editor would request that he continue to investigate the case.

Upon hearing this negative response, Nget became enraged.  He slapped Ros in the face with his full strength.  He would have fallen to the ground if his two colleagues were not there to hold him up. Nget then walked away and ordered his subordinate to escort Ros and his colleagues off the premises. But Ros stayed, making a phone call to the district military police commander, Vong Bun Than, to complain about Nget’s assault on him. Vong asked Ros to settle the matter amicably and accept a compensation of 100000 riels (USD 25) for medical treatment. But Ros rejected the offer. He filed a formal complaint with the commander of the military police of the town of Sihanoukville to seek justice and action against Nget Vutha alias Kin.

I find it extremely repugnant when a public officer abuses his power and assaults people whom he should be serving and protecting. I therefore exhort you to take immediate action against Nget Vutha alias Kin for his assault on Ros Phina.

I also urge you to investigate the fostering of illicit transportation and delivery of protected timber by forestry and other officials in the area and take legal action against them.

I trust that you will consider my request positively.

Yours sincerely,

_________________
PLEASE SEND YOUR LETTERS TO:

1. Mr. Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
CAMBODIA
Fax: +855 23 36 0666
Tel: +855 2321 9898
E-mail: cabinet1b@camnet.com.kh

2. Mr. Tea Banh
Deputy Prime Minister
Minister of National Defence
Russian Federation Street
Phnom Penh
CAMBODIA
Tel: +855-23 883184 / 428171
Fax: +855-23 883184
E-mail: info@mond.gov.kh

3. Mr. Ang Vong Vathna
Minister of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: +855 23 36 4119 / 21 6622
E-mail: moj@cambodia.gov.kh

4. Mr. Henro Raken
Prosecutor-General 
Court of Appeal
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: +855 23 21 66 22
Tel: +855 11 86 27 70

5. General Sao Sokha
Commander 
Military Police
Mao Tse Tung Blvd
Khan Tuol Kok
Phnom Penh
CAMBODIA
Tel: +855 12 36 3636

Thank you.

Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrchk.org) 

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-171-2008
Countries : Cambodia,
Issues : Corruption, Freedom of expression,