Dear friends,
The Asian Human Rights Commission (AHRC) has received information that on 2 May 2007 at around 5:30 pm, a local journalist named Chim Chenda, who works for Kampuchea Thmei (New Cambodia), a news paper company based in Battambang and Banteay Meanchey provinces, allegedly received a death threat in a local restaurant K.O in Battambang province from an army general named Pol Synoun, who is a chief deputy for the international relations office of Cambodia-Thailand border affair. General Pol Synoun allegedly took the pistol out of his pocket while he was forcing Chim Chenda down to his knees and telling him to say sorry for calling him “Brother Noun.” Chim Chenda had refused to apologize, maintaining that he did not treat the general in a bad manner and that he did nothing wrong.
According to the information we have received, at around 5:30 pm, while Chim Chenda and his friends, a military police officer, police officer, and custom officer, were having dinner at a restaurant named K.O in Rom Chek 4 village, Ratanak commune, Battambang district, Battambang province, an army general named Pol Synoun, accompanied by two bodyguards, walked into the same restaurant. General Pol Synoun shook hands with all of Chim Chenda’s friends, excluding him, then allegedly asked Chim Chenda whether he was a journalist. Chim Chenda answered affirmatively, and the general asked him whether he knew who the general was. Chim Chenda answered that he knew the general and called him “Brother Noun.”
Pol Synoun then allegedly forced Chim Chenda to his knees and told him to say sorry, while his friend and others watched. Pol Synoun was allegedly angry that a “small journalist” would dare call him, a general, by name. Chim Chenda refused to get on his knees and say sorry because he maintained that he did nothing wrong to that general but call him Brother Noun. Pol Synoun then said that he would kill Chim Chenda if Chenda des not get on his knees and apologize. After Chenda refused though Pol Synoun repeated this threat a couple of times, Synoun became very angry and allegedly reached for his pistol in his pocket. However, Chendas friends stopped Synoun from pulling his pistol out. Chenda escaped with the help of his friends while some continued to restrain Synoun from pulling his gun out of his pocket.
On 3 May 2007 at around 2:30 pm, Chim Chenda lodged a complaint of attempted murder, under UNTAC LAW article 31, to the Battambang provincial court prosecutor named Sar Youktavarak.
It has come to our knowledge that the Cambodia Criminal Law (or UNTAC Law) article 31 states that anyone who kills or attempts to kill another person after premeditating the crime, or by preparing an ambush, or who kills or attempts to kill another person in the course of theft or rape, is guilty of the murder, and shall be liable to a punishment of imprisonment for a term of tem to twenty years.
General Pol Synoun abused his own power as a high ranking military official to threaten an innocent person’s life for a petty reason. General Pol Synoun cannot escape from his criminal offence of threatening people’s life with arms, no matter how high his position in the military. If ever such actions are tolerated in society, it would spread additional fear among the people in Cambodia, and it may further bring distrust towards the military officials in society. Moreover, in order to install the rule of law in Cambodian society, it is necessary to ensure all the victims of human rights violations receive appropriate legal remedies without delay.
The AHRC urges the Cambodian government take this case seriously and immediately conduct a thorough and impartial investigation into General Pol Synoun’s attempted murder. We also urge the Cambodian authorities to prosecute General Pol Synoun and hold him legally accountable to his action in accordance with relevant laws. Furthermore, the victim should be compensated in an appropriate manner.
The AHRC also urges the Cambodian government take all necessary actions to eliminate abuse of military authorities against civilians and to establish a mechanism to ensure no such abuse will happen again in the future.
SUGGESTED ACTION:
Please immediately write to the relevant authorities listed below, demanding their immediate intervention into this matter, so that the alleged perpetrator will be brought before court and appropriate compensation will be provided to the victim.
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SAMPLE LETTER
Dear ________,
CAMBODIA: A local journalist received public death threat from an army general in Battambang province
Victim: Chim Chenda, 42 years old, who lives in Group 12th, Kab Kou village, Ocha commune, Battambang district, Battambang province
Alleged responsible: Army General Pol Synoun, who works in international relations office of Cambodia-Thailand border affair
Place of incident: Rom Chek 4 village, Ratanak commune, Battambang district, Battambang province
Date of incident: 2 May 2007 at around 5:30 pm
I am writing to inform you that on 2 May 2007 at around 5:30 pm, a local journalist named Chim Chenda, who works for Kampuchea Thmei (New Cambodia), a news paper company based in Battambang and Banteay Meanchey provinces, allegedly received a death threat in a local restaurant K.O in Battambang province from an army general named Pol Synoun, who is a chief deputy for the international relations office of Cambodia-Thailand border affair.
I have learned that General Pol Synoun allegedly took the pistol out of his pocket while he was forcing Chim Chenda down to his knees and telling him to say sorry for calling him “Brothetr Noun.” Chim Chenda had refused to apologize, maintaining that he did not treat the general in a bad manner and that he did nothing wrong.
I have also learned that on 3 May 2007 at around 2:30 pm, Chim Chenda lodged a complaint of attempted murder, under UNTAC LAW article 31, to the Battambang provincial court prosecutor named Sar Youktavarak.
It has come to my knowledge that the Cambodia Criminal Law (or UNTAC Law) article 31 states that anyone who kills or attempts to kill another person after premeditating the crime, or by preparing an ambush, or who kills or attempts to kill another person in the course of theft or rape, is guilty of the murder, and shall be liable to a punishment of imprisonment for a term of tem to twenty years.
General Pol Synoun abused his own power as a high ranking military official to threaten an innocent person’s life for a petty reason. General Pol Synoun cannot escape from his criminal offence of threatening people’s life with arms, no matter how high his position in the military. If ever such actions are tolerated in society, it would spread additional fear among the people in Cambodia, and it may further bring distrust towards the military officials in society. Moreover, in order to install the rule of law in Cambodian society, it is necessary to ensure all the victims of human rights violations receive appropriate legal remedies without delay.
I therefore urge the Cambodian government take this case seriously and immediately conduct a thorough and impartial investigation into General Pol Synoun’s attempted murder. We also urge the Cambodian authorities to prosecute General Pol Synoun and hold him legally accountable to his action in accordance with relevant laws. Furthermore, the victim should be compensated in an appropriate manner.
I also urge the Cambodian government take all necessary actions to eliminate the abuse of military authority, which is often used against civilians, and to establish a mechanism to ensure no such abuse would happen again in the future.
Yours faithfully,
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PLEASE SEND YOU LETTER TO:
1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
PhnomPenh
CAMBODIA
Tel: +855 23 21 98 98
Fax: +855 23 36 06 66
E-mail: cabinet1b@camnet.com.kh
2. Mr. Samdech Chea Sim
Senate president
Chamcar Mon State Palace
Pheah Norodom Blvd
Phnom Penh
Cambodia
Tel: +855-23-21 1441-3
Fax: +855-23-21 1446
E-mail: info@senate.gov.kh
3. Mr. Samdech Heng Samrin
President of National Assembly
Sothearos Street
Phnom Penh
Cambodia
Tel: +855-23-21 41 36/21 77 68
Fax: +855-23-21 7769
4. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh,
CAMBODIA
Fax: +855 23 36 4119/21 66 22
5. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60
6. Mr. Prach Chan
Battambang provincial governor
Svay Por commune
Battambang district
Battambang province
CAMBODIA
Tel: +855 12 822 123
Fax: 855- 53 952 141
7. Justice Nel Nin
Chief of Battambang provincial court
Svay Por commune
Battambang district
Battambang province
CAMBODIA
Tel: +855 12 947 127
8. Mr. Kang Sakhan
Battambang police commissioner
Svay Por commune
Battambang district
Battambang province
CAMBODIA
Tel: +855 12 932 333
9. 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 Paix1211
Geneva 10,
SWITZERLAND
Tel: +41 22 91 79214
Fax: +41 22 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ahrchk@ahrchk.org)
