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CAMBODIA: Journalist receives death threats from government official after exposing his neglect of duties

December 17, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

17 December 2007
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UA-343-2007: CAMBODIA: Journalist receives death threats from government official after exposing his neglect of duties

CAMBODIA: Threats; freedom of expression
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a journalist working for Koh Santepheap newspaper, Try Vantha, 46, has been threatened by a senior official of the social affairs department in Preah Vihear province. On 13 November 2007, Try was in a restaurant where the official, Kim Thany, was also present. While inside, Kim warned Try to refrain from writing reports about him otherwise he would be killed. Kim was angry over Try's news report published in his newspaper in April 2007 exposing neglect in his work which results in long delays in the payment of pensions and allowances for disabled soldiers and their widows.

CASE DETAILS: (Based on the account of the victim and other sources)

In April this year, Try Vantha (46), a disabled veteran and journalist working for Koh Santepheap newspaper in Preah Vihear province wrote an article exposing Kim Thany's incompetence and neglect. Kim, director of the Social Affairs Department in the province, and his companions were said to be responsible for the long delays in payment of pensions to disabled soldiers and allowances to the widows of soldiers.

Try reported that because of Kim incompetence the pensioners have had to wait up to a year before receiving their supposedly monthly pensions or allowances. Try's report had reportedly angered Kim.

In the afternoon of November 13, Try happened to be in Tong Heng restaurant in Phearakech village, Palhal commune, where Kim was also present. At 5:40p.m., in the middle of the restaurant's crowd, Kim, who was seating next to a table where Try was seated, stood up and pointed his finger to him. Kim then ridiculed Try by calling him in a derogatory title for a person of inferior status.

Kim angrily threatened Try not to write anything more about him again or he would hire his military friend to kill him. Kim was heard telling Try as: 'If you write about me again, I'll spend USD 10,000 to get my friend, deputy Army Commander in Preah Vihear province, to kill you.' Kim further ridiculed him saying: 'The status of you [Try], journalist, cannot equal mine, [I am the] Director of the Social Affairs Department.'

When Kim was later asked about the threat he had made on Try, he denied it. He instead claimed that Try was drunk at the time of incident and that he could charge him with anything. In an apparent show off of arrogance, Kim added he and Try were not equal 'in weight' so he would not bother responding to Try's accusations.

Try had kept the threat to himself for several weeks before informing the editor of his newspaper about it. He had already filed a criminal complaint against Kim for attempted murder. In Cambodia, once a person made threats to another, they can be charged for attempted murder, unlike in other countries where they would be charged either for threats or grave threats. The Cambodian law does not define 'threat' as a criminal offense.

ADDITIONAL COMMENTS:

There have been incidents of threats, targeted attacks and violence against journalists in Cambodia, in particular those involved in reporting or exposing corrupt and illegal practices by government officials and the security forces.

On November 27, a female journalist, Ms. Som Sithavry, was interviewing a military police commander in Sandan district in Kampong Thom province regarding a brawl involving two military police officers. While she was interviewing, a military police captain cut in and threatened her saying: 'Do the job properly, otherwise I will break your legs'. Please read for details: UA-334-2007

On August 10, the house of journalist Phon Phat (41) was also torched in Ba Kan district, Posat. The torching happened days after he received two threatening telephone calls from numbers registered to members of security forces. He was threatened after he reported illegal logging activities to the forestry administration and for writing stories about it to his newspaper. Please read for details: UA-256-2007

On August 4, another journalist, Mr. Heng Veasna, was also assaulted by a military police officer in Toul Kroh village, Posat province. Heng was on the way back home after collecting information on two illegal shooting cases by a military police officer and a chief prosecutor when he was assaulted. Please read for details: UA-252-2007

On May 2, journalist Chim Chenda working for Kampuchea Thmei (New Cambodia) also received a death threat from an army general. General Pol Synoun, chief deputy for the international relations office of Cambodia-Thailand border affair, pointed his pistol at Chim whom he had forced to kneel down to and apologize for calling him 'Brother Noun'. Chim denied he had uttered such word to the general. Please read for details: UA-152-2007

SUGGESTED ACTION:
Please send your letters to the authorities listed below requesting their intervention to take appropriate action on Kim Thany. The criminal complaint against him must be resolve immediately. They should also take adequate measures to ensure the victim's safety and security; and ensure he would be allowed to carry on his duties without being subject to threats.

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Sample letter:

Dear_________

CAMBODIA: Journalist receives death threats from government official after exposing his neglect of duties

Name of the person threatened: Try Vantha, journalist working for Koh Santepheap newspaper
Alleged perpetrator: Kim Thany, director of the Social Affairs Department of Preah Vihear province
Place of incident: Tong Heng Restaurant in Phearakech village, Palhal commune, Tbeng Meanchey district
Date of incident: At 5:40p.m. on 13 November 2007

I am writing to voice my deep concern regarding the threat made on Try Vantha (46), a journalist working for Koh Santepheap newspaper. I have learned that on 13 November 2007, Try was inside Tong Heng restaurant where Kim Thany, director of the Social Affairs Department in Preah Vihear province, was also present. It is there where Kim had threatened Try.

While inside, Kim stood up and threatened Try saying: 'If you write about me again, I'll spend USD 10,000 to get my friend, deputy Army Commander in Preah Vihear province, to kill you.' He also ridicule Try saying: 'The status of you, journalist, cannot equal mine, [I am the] Director of the Social Affairs Department.' He also called Try by the derogatory title of a person with inferior status.

I am aware that in April this year, Try, also a disabled veteran, had written an article in his newspaper which exposed the long delays in the payment of monthly pensions to disabled soldiers and allowance to soldiers' widows. In his article, Try held Kim and his subordinates responsible for these delays because of their neglect and incompetence. The pensioners have had to wait, sometimes up to a year, before they could received their supposedly monthly pension or allowance.

I have learned that Try had kept the said incident to himself for several weeks before reporting it to the editor of his newspaper. Try had already filed a criminal complaint against Kim for attempted murder. However, I am unaware of any actions taken again Kim for making threatening remarks on the victim; nor action taken to address the concerns on the delays in the pensions of soldiers and their widows.

It is disappointing that journalist reporting neglect and malpractice of government officials are instead been subject to threats and attacks. I am aware that this is yet another case wherein journalists involved in reporting malpractices and abuses by the government officials and security forces, are subjected to attack and violence. I am long been gravely concerned by the negligible action taken against those involved; and the lack of adequate action to ensure the safety and security of journalists for them to continue their work without fear.

I therefore urge you to have the government official involved in this case, Kim Thany, investigated over allegations of threatening Try. Try's complaint against Kim must be resolve immediately. Allegations of Kim and his office's neglect and incompetence must also be investigated. If found to have neglected their duties they must be held to account and that actions must be taken to ensure prompt distribution of pensions as well to the needy. It is disappointing that this official has instead resorted into threatening the victim rather than improving their duties; and that they have so far not been held account.

I trust that you take immediate action in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

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

2. Mr. Sar Kheng
Deputy-Prime Minister
Minister of Interior
No.275 Norodom Blvd., Phnom Penh
CAMBODIA
Fax/phone: +855 23 721 905 / 23 726 052 / 23 721 190
E-Mail: info@interior.gov.kh or moi@interior.gov.kh

3. Mr. Ith Sam Heng
Minister
Ministry of Social Affairs, Veterans and Youth Rehabilitation
No. 778B Monivong Boulevard,
Phnom Penh (12305)
CAMBODIA
Tel/Fax: +855-23 726 095,
E-mail: samhengboros@yahoo.com?lt;/font>

4. 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

5. Mr. Khiev Kanharith
Minister of Information
No 62 Monivong Blvd.
Phnom Penh
CAMBODIA
Tel:+855-23 724159 / 426059 / 723389
Fax: +855-23 427475
E-mail: information@cambodia.gov.kh

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

7. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
CAMBODIA
Tel: +855 23 21 65 85
Fax: +855 23 22 09 52

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-343-2007
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.