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UPDATE(Cambodia): Copies of magazine confiscated and publisher hides due to the fear of retaliation

November 7, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Update on Urgent Appeal

7 November 2007

[RE: UP-088-2007: CAMBODIA: Reporter receives death threat after revealing illegal logging in Kompong Thom province]
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UP-148-2007: CAMBODIA: Copies of magazine confiscated and publisher hides due to the fear of retaliation

CAMBODIA: Threats; denial of freedom of expression
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Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that the police arbitrarily confiscated all copies of a magazine without the court's decision in Phnom Penh and the provinces on 1 November 2007 in Cambodia. Whilst the police are repressing the freedom of expression, it is reported that Mr. Lem Pichpisey, a publisher of the magazine, has gone into hiding after receiving an alarming threat that the government would send agents to hurt him. He has previously received threats after reporting the illegal logging and massive deforestation in Kompong Thom province (UP-088-2007).

CASE DETAILS:

According to the information we have received, on 1 November 2007, the Phnom Penh police and the provincial police were deployed to every newsstand to seize all copies of the Free Press Magazine, without court approval.

Meanwhile, the Ministry of Information (MOI) has accused Mr. Lem Pichpisey, the publisher of the magazine, of violating the Cambodian Constitution, as the magazine contained an article criticizing former King Norodom Sihanouk. However, it is controversial as the article is unconstitutional (AHRC-AS-211-2007).

According to Mr. Lem Pichpisey, the most sensitive content in the magazine was an article about the assassination of Piseth Pilika (a famous actress and classical dancer) which alleged that the incident was connected to her affair with the Prime Minister Hun Sen. She was shot and killed on 6 July 1999. The magazine implicated the National Police Chief, Mr. Hok Lundy, in her murder, as he allegedly promised Hun Sen's wife that he would prevent the affair from continuing.

On 2 November 2007, the Minister of Information, Khieu Kanharith, claimed that Mr. Lem Pichpisey has connections with republican supporters of the former Lon Nol regime.

At around 8am on 3 November 2007, Mr. Sun Tek, a staff member of the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) for the Battambang province branch, found an anonymous letter under his office door, which threatened Mr. Lem Picpisey, warning him to be careful of his life and that the government would send agents to hurt him. Due to this, Mr. Lem Picpisey is now in hiding.

The AHRC is appalled by the arbitrary confiscation without decision by a court. The AHRC is also gravely concerned about the security of Mr. Lem Pichpisey. The action taken by the police violates the freedom of expression and media freedom which are guaranteed by Article 41 of the Constitution of Cambodia which states: "Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security."

ADDITIONAL INFORMATION:

The first edition of the Free Press Magazine was published in November 2007. The magazine contains cartoons and articles that criticize former King Norodom Sihanouk and the assassination of Piseth Pilika, a famous actress and classical dancer. It also reported on the numerous murders, death threats and physical abuse on local journalists in Cambodia. Lastly, it included corruption in the Cambodia judicial system, focusing on the Banteay Meanchey and Battambang provincial court.

Similar restrictions on freedom of expression have occurred when other magazines have reported on the killing of Piseth Pilika. For instance, in October 1999, L'Express magazine printed accusations that senior officials were involved in the assassination of the much-loved dancer and actor Piseth Peaklica. Hun Sen's office issued a strong denial, noting that a relative of Sam Rainsy (the opposition party leader) worked at the magazine and threatened to sue the publication. It is unclear whether a lawsuit was ever filed. In 2003 the government banned a booklet about Piseth Pilika's death and her diary. Nevertheless, the books were printed and sold at every newsstand in cities and provinces but were immediately confiscated by government agents.

The AHRC has reported repression on the freedom of expression in the past. For instance, a magazine named Global Witness was banned in Cambodia after it reportedly exposed illegal logging on 1 June 2007. It has also been reported that the staff of the magazine received threats (to see more UA-192-2007). Mr. Teang Narith, Law and Politics lecturer at Sihanouk Raj Buddhist University in Phnom Penh, was dismissed on 22 August 2006 for writing a book that criticised the impunity of the government officials and was later arrested on 4 September 2006. The next day he was brought to court where received three years imprisonment (to see UA-281-2006).

SUGGESTED ACTION:
Please write to the authorities listed below to express your concern about this case and urge them to stop banning the Free Press Magazine and ensure the security of Mr. Lem Pichpisey. Please also urge the government to effectively exercise the freedom of expression and press freedom.

To support this appeal, please click here:

Suggested letter:

Dear __________,

CAMBODIA: A magazine confiscated and publisher hides due to the fear of retaliation

I am writing to express my deep concern over the arbitrary confiscation of a magazine without a court decision on 1 November 2007.

I am informed that the magazine included cartoons and articles that criticize Prince Norodom Sihanouk and alleged the assassination of Piseth Pilika. The magazine also reported on the numerous murders, death threats and physical abuse on local journalists in Cambodia. Lastly, it included corruption in the Cambodia judicial system, focusing on the Banteay Meanchey provincial court. I am also informed that Mr. Lem Picpisey, a publisher of the magazine received an alarming notice that the government would send agents to hurt him.

I am also informed that this is not an isolated case in Cambodia. A magazine named Global Witness (GW) was banned after it reportedly exposed illegal logging on 1 June 2007. It is also reported that the staff of GW magazine received threats. Similarly, Mr. Teang Narith, a Law and Politics lecturer at Sihanouk Raj Buddhist University in Phnom Penh, was arrested and received a one year prison sentence for criticizing the culture of impunity of the government officials in his book in September 2006.

I take this opportunity to remind you that the Cambodian Constitution clearly stipulates, "Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security." Furthermore, arbitrary confiscation without a court decision clearly violates the domestic law as well as international laws.

Therefore, I urge the government of Cambodia to respect the freedom of expression and resort to the due process of the law before taking action against the Free Press Magazine as well as other forms of media. In addition, I demand that the government take every effort to stop repression against the media and journalists. Finally, I note the government has the main responsibility to protect journalists from any form of threat or harassment.

I look forward to seeing your intervention into this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. 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. H.E.Mr. Sar Kheng
Deputy Prime Minister
Minister of Interior
Phnom Penh
CAMBODIA
E-mail: moi@interior.gov.kh

3. Mr. Ang Vong Vathna
Minster of Justice
No. 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855 23 36 41 19/21 66 22
E-mail: moj@cambodia.gov.kh

4 Mr. Douglas Gardner
UNDP Resident Representative in Cambodia
Resident Coordinator of United Nations | UNRC
No. 53, Pasteur Street, Boeung Keng Kang I, Chamkar Mon
Phnom Penh (P.O. Box877)
CAMBODIA
Tel: +855 23 214 371 / 214 397 / 211 240 / 211 205 / 216 167 / 216 217 / 213 094
Fax: +855 23 216 257 / 721 042 / 216 863 / 210 214

5. Mr. Christophe Peschoux
Director
Office of the High Commissioner for Human Rights - Cambodia
No. 10, Street 302
Sangkat Boeng Keng Kang I
Khan Chamcar Mon
Phnom Penh
CAMBODIA
Tel: +855 23 987 671 / 987 672, 993 590 / 993 591 or +855 23 216 342
Fax: +855 23 212 579, 213 587

6. Prof. Yash Ghai
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: +41 22 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)

7. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-148-2007
Countries :
Issues :
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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.