Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the assault of a journalist by military police on 25 July 2008 at their headquarters in Sihanoukville. An investigation was begun following the journalist’s complaint but military police have ill -treated the journalist during the investigation.
UPDATED INFORMATION: (Based on testimony from the victim)
A military police captain named Nget Vutha alias Kin, of the military police of Stung Hav district, in the seaport town of Sihanoukville, slapped Ros Phina, a journalist for Koh Santepheap newspaper, for publishing and then refusing to correct a report revealing Nget Vuthy illicit facilitating of the transportation of protected timber. Ros then filed a complaint with the commander of the military police of the town of Sihanoukville to seek justice and action against Nget Vutha (see AHRC-UAC-171-2008).
In the afternoon of 1 August 2008, Ros was summoned to the Sihanoukville municipal military police headquarters. Police captain Var Chanthan, head of the criminal investigation bureau, with his secretary named Ros Sereyvuth, took him to a large, barren room.
Instead of taking statements from Ros, concerning the assault on him from Ngeth Vutha, Var interrogated him in a harsh tone for some three and half hours from 2:30pm to 6pm. He questioned Ros about his trip to the district of Stung Hav on the morning of 25 July, who ordered him to go there, and what information was he gathering.
Var then questioned Ros about the July 24 written report; where had he gotten his information from, and who were his sources. Var tried to pin Ros down by claiming that Ros had had lunch with two other persons at a restaurant called Stung Meas on July 2. Somebody had paid for his meal, and he had become drunk.
Ros felt that Var treated him as a suspect rather than a victim because of the lengthy questioning unrelated to the assault and subsequent complaint. He also felt that Var sided with his fellow military officer Ngeth Vutha and had no intention of incriminating Ngeth or of seeking justice for Ros. Many knowledgeable people in town share Ros’s concern when they allege that Ngth Vutha is a front man in search of favors for his superiors. On the morning of 4 August, at around 9 o’clock, Ros was summoned a second time, to meet with Var Chanthan. Var ordered Ros to switch off his mobile phone and tape recorder, which he had not done on August 1. Ros refused to do so, needing to maintain contact with his press network as part of his professional responsibilities. Var became very angry, immediately evicting Ros from the interrogation room and cancelling all further police investigations. Ros, feeling that he could not get justice from the military police, then decided to file a lawsuit against Ngeth Vuthy in the municipal court of Sihanoukville.
SUGGESTED ACTION:
Please write letters to the authorities listed below, urging them to take action against military police captain Ngeth Vutha for his assault on journalist Ros Phina and to investigate the conduct of military police captain Var Chanthan for his investigation into Ngeth Vutha’s assault on Ros Phina.
Please be informed that the AHRC has written separate letters to the UN Special Rapporteur on the Question of Torture, Special Representative of the Secretary-General of human rights in Cambodia and OHCHR in Cambodia calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear______
CAMBODIA: Military police ill -treated assaulted journalist during the investigative process
Name of victim: Ros Phina, 45, journalist for the 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.
Name of investigative officer: Military police captain Var Chanthan, Military Police Headquarters, seaport town of Siahanoukville
Place of assault: Military Police District Headquarters, Stung Hav district, seaport town of Sihanoukville.
Date of assault: 25 July 2008
Dates of investigation: 1 and 4 August 2008
I am writing to express my concern about two things. First, military police captain Ngeth Vutha alias Kin’s assault on journalist Ros Phina, of the Koh Santepheap newspaper, on 25 July 2008 at the military police headquarters of Stung Hav district, in the seaport town of Sihanoukville. Second, the manner in which the military police of that town conducted their investigation into this assault.
Captain Ngeth Vutha slapped Ros Phina in the face with great force. He did this following Ros’s published report on Ngeth’s illicit facilitating of the transportation of protected timber in Sihanoukville and his refusal to publish any correction. After the incident Ros filed a complaint with the commander of the military police in the town of Sihanouville.
On the afternoon of 1 August 2008, Ros went to the Sihanoukville municipal military police headquarters as summoned. A military police captain named Var Chanthan, head of the criminal investigation bureau, with his secretary named Ros Sereyvuth, took him to a large, barren room for interrrogation.
Instead of taking statements from Ros concerning the assault, Var interrogated him in a rough tone for some three and half hours from 2:30pm to 6pm. He questioned Ros about his trip to the district of Stung Hav on the morning of 25 July before the assault. He also wanted to know who had ordered him to go there, what information he was gathering, where and from whom had he got the information to write his report. Var tried to pin Ros down, claiming Ros had lunch with two other persons at a restaurant called Stung Meas on 24 July. Somebody had paid for his meal, and he became drunk.
Var summoned Ros to appear before him again on 4 August, and then angrily evicted him. It appeared Ros refused to turn off his mobile phone which he needed, as part of his work, to maintain contact with his press network.
Var Chanthan’s conducting of the investigation lacked professionalism. He treated Ros, the victim of an assault, like a suspect. He did not take any statement from Ros, his interrogation was unduly long and his questions posed were not relevant to the assault.
Var’s behavior showed his unwillingness to collect evidence which could lead to the incrimination of a fellow member of the military police. It is possible that he was not willing to incriminate this particular member since Ngeth Vutha is alleged to be the front man in search of favors for his superiors.
It is bad enough that the military police officer, Ngeth Vutha, took the law into his own hands and assaulted Ros Phina who was only doing his job as a journalist. But it is abhorrent that a police force has conspired to protect its members by not making any effort to find justice for the victims. And simply because this member is good at seeking favors for his superiors.
I therefore urge you: to take action against Ngeth Vutha alias Kin for his assault on Ros Phina, to investigate Var Chanthan’s conducting of this assault investigation and to uncover any conspiracy in the military police of the town of Sihanouville to protect Ngeth Vutha.
I trust you to positively consider my above request.
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 Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
