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CAMBODIA: Death threats to an activist working against land grabbing in Ratanakiri

November 28, 2006

[NOTICE: The AHRC have developed a new automatic letter-sending system using the "button" below. However, in this appeal, we could not include e-mail addresses of some of the Cambodian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Cambodian authorities are attached below with this appeal. Thank you.]

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

28 November 2006
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UA-384-2006: CAMBODIA: Death threats to an activist working against land grabbing in Ratanakiri

CAMBODIA: violation of the right to life; un-rule of law, suppression of freedom of expression
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Dear friends,

The Asian Human Rights Commission has received information that a 44-year-old human rights activist actively campaigning against the illegal land grabbing in Ratanakiri for yeas has received a death threat message through his mobile phone on 15 November 2006. When a Radio Free Asia reporter called back to the number that the message was sent from to identify the caller, strangely two different persons, who insisted that they live in different provinces, responded to the calls and said that they never sent such message. The victim and his colleague believe that this is a well planned threat to intimidate him to stop his work.

CASE DETAILS:

At 11:20pm on 15 November 2006, Mr. Pen Bonna, 44-year-old human rights activist in Ratanakiri province received a death threat message to his mobile phone by an anonymous person. He received a text message of "lets go to eat rice in the Pagoda" with a hell ghost picture attachment from a mobile phone number 012 173 0601. In Cambodian culture, there is well known Pchom Ben Festival in September that the Cambodian people usually offer rice balls at the temple to the ghosts of their family members or relatives. Therefore, the message means that he is not the alive person anymore but the ghost who need to go to temple to eat rice, which is an indirect death threat to the victim.

Upon hearing the incident, a Radio Free Asia reporter in Ratankiri province called back to the phone number which the test message and the picture image were sent. But strangely the first phone call was answered by a woman who insisted to live in Onlong Veng, Udor Meanchey province and when the reporter called to the same phone number second time, another man who received the call insisted him that he was an electrician in Seim Reap province. Both persons denied sending the text message and the image to Mr. Bonna. Based on this development, the victim suspects that this was a well planned threat upon him by government officials or businessmen who might be annoyed by his work against illegal land grabbing in the province. 

BACKGROUND INFORMATION:

Mr. Bonna is a strong human rights advocate working at a local human rights organization ADHOC-Ratakiri branch, Cambodia for many years. His work mostly focuses on advocating indigenous people's rights against the illegal land grabbing and illegal logging on land belonging to indigenous people in the province. As a part of his work, Mr. Bonna always highlighted the misconduct or corruption of the high ranking government officials or police officers in these matters. He also openly reported and investigated many cases of the illegal logging which were covered up by the government officials or private businessman. Furthermore, Mr. Bonna has brought to several cases before the provincial court or provincial administration authority to seek their intervention to stop the illegal lad grabbing and logging. The local human rights groups think that Mr. Bonnas' work might have upset those officials or businessmen.

Illegal land grabbing has become a major human rights issue in Cambodia. Even Prime Minister Hun Sen stated in public that any army general commander or high ranking government official involved in illegal land grabbing or logging, would be dismissed from their job or convicted by court.

Recently Mr. Bonna had a huge success in one land grabbing and illegal logging case in which an ex Ratankiri province authority is allegedly involved. The municipal court in Ratanakiri recently convicted several ex government officials including the former Ratanakiri provincial governor Mr. Kham Khoeun. The former governor was sentenced in absentia to 17-years of imprisonment for his involvement in the notorious 2004 illegal logging scandal at Virachey National Park. Relating to the same case, Mr. Yoeung Baloung, the former Ratankiri provincial police chief was also sentenced to 13-years of imprisonment; the Ratankiri provincial military commander Mr. Moeug Samoeun was sentenced to 15 years in prison with fine of USD 20,000; Virachey Park Director Mr. Koy Sokha and the former border commander of Royal Cambodian Arm Force Battalion I Mr. Liam Say were sentenced to 15-years of imprisonment with fine of USD 12, 500 each. 

According to Mr. Bonna, prior to the death treat, on October 26 a Land Rover car without the number plate attempted to crash into him while he was riding his motorbike. He was returning after investigating a land grabbing case at that time and luckily escaped from being injured. He could not recognize the car driver as he drove the car very fast. In Cambodia, it is generally accepted that Land Rover cars without the number plate belong to government officials. 

This is another example of a life threatening case to the human rights defenders in the country. The AHRC has previously reported a similar case that Mr. Soy Sopeap, the news analyst for CTN TV in Cambodia who criticized the military commander over the land grabbing received a death threat letter on September 7 (See further: UA-304-2006). Prior to this incident, Mr. You Saravuth, the editor of the Khmer language newspaper Khmer Srolanh Khmer received a death treat letter via fax on June 21 after his newspaper reported on an allegation of the illegal land grabbing case in Mondolkiri and Ratanakiri provinces in which Hun To, the prime ministers nephew, and a senior army officer were allegedly involved.

However, it is sad to note that the Cambodian authorities have failed to conduct any effective investigation or identify the alleged perpetrators of these cases.

SUGGESTED ACTION:
Please write to the relevant authorities listed below calling for an immediate and thorough investigation into this case and the arrest of the alleged perpetrator. Please also urge the Cambodian government to take strong action to investigate all the alleged cases of threats and intimidation to the human rights defenders working against illegal land grabbing and logging and provide adequate protection to them.

To support this appeal, please click:

Sample letter:

Dear_________,

CAMBODIA: Death threats to an activist working against land grabbing in Ratanakiri

Name of victim: Mr. Pen Bonna, aged 44, the activist of the local human rights organization ADHOC-Ratakiri branch, Cambodia
Alleged perpetrator: Unidentified person who is believed to be back up by government officials or businessmen who are involved in illegal land grabbing or logging in Ratanakiri province
Date of incident: At around 11:20pm on 15 November 2006

I am writing to express my deep concern regarding a death threat on 15 November 2006 against a 44-year-old Mr. Pen Bonna who is an active human rights campaigner and investigator against the illegal land grabbing in Ratanakiri for yeas.

According to the information I have received, at 11:20pm on 15 November 2006, Mr. Pen Bonna received a text message of "lets go to eat rice in the Pagoda" with a hell ghost picture attachment to his mobile phone from a mobile phone number 012 173 0601. In Cambodian culture, there is well known Pchom Ben Festival in September that the Cambodian people usually offer rice balls at the temple to the ghosts of their family members or relatives. Therefore, the message means that he is not the alive person anymore but the ghost who need to go to temple to eat rice, which is an indirect death threat to the victim.

I was informed that a Radio Free Asia reporter in Ratankiri province called back to the phone number which the test message and the picture image were sent. But strangely the first phone call was answered by a woman who insisted to live in Onlong Veng, Udor Meanchey province and the immediate second call was received by another man, who insisted him as an electrician in Seim Reap province. Based on this fact, the victim suspects that this was well planned threat upon him by government officials or businessmen who might be annoyed by his work against illegal land grabbing in the province. 

I am well ware that Mr. Bonna is a strong human rights advocate working for an human rights organization named ADHOC-Ratakiri provincial branch for many years. He is mainly working on the illegal land grabbing and logging over the land belonging to indigenous people allegedly by local businessmen or government officials. 

According to Mr. Bonna, he recently had a huge success case in one land grabbing case which ex Ratankiri province authority is allegedly involved. The municipal court in Ratanakiri recently convicted several ex government officials including the former Ratanakiri provincial governor Mr. Kham Khoeun, who was sentenced in absentia to 17-years of imprisonment for his involvement in the notorious 2004 illegal logging schandal at Virachey National Park. Relating to the same case, Mr. Yoeung Baloung, the former Ratankiri provincial police chief, the Ratankiri provincial military commander Mr. Moeug Samoeun, Virachey Park Director Mr. Koy Sokha and the former border commander of Royal Cambodian Arm Force Battalion I Mr. Liam Say were also sentenced to over 10 years of imprisonment.  

The victim also complained that prior to the death treat, on October 26 he was almost crushed by a Land Rover car without the number plate when was returning by his motorbike from investigating a land grabbing case. I am aware that in Cambodia, it is generally accepted that Land Rover cars without the number plate belong to government officials. 

I am deeply concerned that this is not an isolated case of death threats against human rights advocates working against illegal land grabbing and logging issue. I was also informed that on 7 September 2006, Mr. Soy Sopheap, the news analyst for CTN TV who criticized the military commander over the land grabbing received a death treat letter. In another case, Mr. You Saravuth, the editor of the Khmer language newspaper Khmer Srolanh Khmer also received a threatening letter via fax on 21 June 2006 after his newspaper reported alleged involvement of Hun To, the prime ministers nephew, and a senior army officer into one illegal land grabbing case in Mondolkiri and Ratanakiri provinces.

In light of the above, I strongly you to immediately order a thorough and impartial investigation into this case, identify the alleged perpetrator and bring that person to justice as soon as possible. Proper measures need to be taken to provide effective protection to the victim. I also urge you to inquire all the alleged death threats against human rights defenders on the land grabbing issue including Mr. Soy Sopeap and Mr. You Saravuth to bring those responsible to justice. I do hope that the Cambodia government has a strong willing of conducting the proper and effective investigation in order to maintain the good security for these above victims and in order to strengthen rule of law in the country.

I also urge the donor governments, UN agencies, international aid agencies and the international human rights community to work with the Cambodian government and courts to end this abuse of power by people in position or authority or private businessmen, especially the threat to their lives.

I look forward to your immediate intervention.


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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: +855-23-21 98 98
Fax: +855-23-36 06 66
E-mail: cabinet1b@camnet.com.kh 

2. Mr. Sar Kheng
Deputy Prime Minister and Minister of Interior
275 Norodom Blvd.
Phnom Penh,
CAMBODIA
Fax/phone: +855 23 72 19 05/72 6052/72 11 90
E-Mail: info@interior.gov.kh or moi@interior.gov.kh 

3. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855 23 36 4119/21 66 22

4. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60

5. Mr. Mourng Poy
Governor
Village 5, Laban Seak commune,
Ban Lung district,
Ratanakiri province,
CAMBODIA
Tel: +855 12 974 020
Fax: +855 75 974 020

6. Dr. Yan Narin
Justice of Ratanakiri Provincial Court
La Ban Seak commune,
Ban Lung district,
Ratanakiri province
CAMBODIA

7. Mr. Ray Rey
Police Commissioner of Ratanakiri
Village 5, Laban Seak commune
Ban Lung district,
Ratanakiri province
CAMBODIA
Tel: +855 12 755 051
Fax: +855 75 974022

8. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights - Cambodia
N¢X 10, Street 302
Sangkat Boeng Keng Kang I
Khan Chamcar Mon
Phnom Penh
Cambodia CAMBODIA
Tel: +855-23-987 671 / 987 672, 993 590 /993 591 or +85523 216 342
Fax: +855-23-212 579, 213 587

9. Prof. Yash Ghai
UN Special Representative of the Secretary-General for Human Rights in Cambodia
Attn: Ms. Afarin Shahidzadeh
Room 3-080, OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 91 79214
Fax: +4122 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)

10. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)


Thank you.

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

 


Document Type :
Urgent Appeal Case
Document ID :
UA-384-2006
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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.