CAMBODIA: House of journalist reporting illegal logging torched following threats by members of security forces

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-256-2007
ISSUES: Freedom of expression, Human rights defenders,

Dear friends,

The Asian Human Right Commission (AHRC) writes to inform you regarding the torching of a house of a journalist, Phon Phat (41), in Ba Kan district, Posat on 10 August 2007. Two men drove up to his house at dawn; poured gasoline over the walls and surrounding and set fire to it. The torching happened days after he received two threatening telephone calls from numbers allegedly registered to members of security forces. He was threatened for reporting illegal logging activities to the forestry administration and reporting it to his newspaper. The AHRC is deeply concerned the attack was made to prevent him from carrying on his job.

CASE DETAILS: (Based on the victim’s testimony)

Mr. Phon Phat (41) is a journalist for a Khmer language newspaper, Chbas Kar, based in Posat province. In several occasions Phat has reported illegal logging operations allegedly by wealthy businessmen in the region to the forestry administration office. Once the forestry office acts on his report, they usually able to confiscate illegal logs, machines and vehicles of high value reportedly used by the illegal loggers in their operations. He had also written several articles on this for his daily newspaper.

For instance, the forestry office confiscated illegal logs, machines and vehicles allegedly owned by wealthy businessmen Mr. Meas Siphan in three separate operations. The successful operation was reportedly a result of forestry officials acting on the information contained in Phat’s report. It was due to Phat’s report to the forestry administration which resulted in a successful operation that he developed a good working relationship with them on campaigns against illegal logging in Posat province. On several occasions they informed him once they confiscate illegal logs and he would report the operations in his newspaper.

On August 8, at around 1:00am Phat had received a phone call from a person who reportedly introduced himself as police officer Leng. Leng was using number 012 53 8802 as it appeared on the telephone when he answered it. While speaking to Phat, Leng allegedly warned and threatened him for reporting illegal logging activities to the forestry office and for reporting the same to his newspaper. Leng told him: “are you a journalist for news or for ashes?” He was told that he should go to Doun Keo commune should he want to confiscate illegal logs. However, Phat told Leng that it is the authority’s job to confiscate them not his. The caller then hung up.

On August 9, at 7:02am Phat received another phone call from another number. This time the number appearing was 012 787372. The caller scolded him for interfering in their “business” apparently also referring to Phat’s continued reporting of illegal logging activities to the forestry office. After the caller hung up Phat asked his brother to call the number back. They later found out that number was registered to a military police officer in Posat. In Cambodia, phone number users are required to register their names once they purchase phones.

On August 10, at around 4:00am Phat was going to bathroom after getting up when he saw at their window a white car driving up to his house and stop at the front. His wife and six children were still sleeping at that time. He saw that there were two persons inside the car. One of them alighted and calmly walked towards the house before quickly running back to the car and driving off. Phat later smelled gasoline. Believing that that the man had set fire to his house he quickly ran back to where his wife and children were sleeping and woke them up.

However, even before he could wake them the fire had already engulfed their house. Phat loudly yelled for help from their neighbors. It took them some time to get outside because they could not find the key of the exit door’s padlock because it was so dark (Phat’s family usually padlocks the doors inside their house and hang it on the wall before going to bed). After getting out he and his family kept on yelling for help while trying to put out the fire. Some neighbors came to help and were able to prevent it from completely burning the house.

BACKGROUND INFORMATION:

This is yet another incident of violence against journalists reporting illegal logging activities. As described in our previous appeals, journalists usually receive threats, and are beaten up by the security officers, once when they investigate and expose activities of illegal logging and deforestation. For journalist to investigate and report such stories is a dangerous thing to do in recent times.

On June 16, another reporter, Lem Piseth also received threats on his mobile phone harshly asking whether he wanted to die. Similar to Phat, Piseth had also written several stories exposing the illegal logging activities and massive deforestation. He was warned to be careful and that ‘there will not be enough land to bury him’ (UP-088-2007).

On June 8, the Minister of Information, Mr. Khieu Kanharith, reportedly issued a warning letter to the Sralanh Khmer newspaper to stop its publication of the Global Witness report on illegal logging. (UA-192-2007) The GW report, released on 1 June 2007, reportedly exposed the involvement of Prime Minister Hun Sen, his relatives and other senior officials in the illegal devastation of Cambodia’s forests.

ADDITIONAL COMMENTS:

The attack on Phat’s house threatens freedom of the press guaranteed by Article 41 of the Constitution of Cambodia. The provision clearly stipulates that: “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.”

It also violates Cambodia’s treaty obligation under the International Covenant on Civil and Political Rights (ICCPR) to which it is a state party. Under Article 19(2) of the ICCPR stipulates that: Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

SUGGESTED ACTION:
Please write letters to the concerned authorities below requesting them to commence a credible investigation into this case. Those who made threats on the victim must be identified and held accountable for their acts. The authorities must also consider providing appropriate assistance and security to the victim and his family.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ________,

CAMBODIA: House of journalist reporting illegal logging torched following threats allegedly by members of security forces

Name of the victim: Mr. Phon Phat (41), a journalist working for Chbas Kar. He is a resident of Beong Khna village, Beong Khna commune, Ba Kan district, Posat
Alleged perpetrator: Two unidentified persons
Name of those who allegedly made threats: Police officer Leng and an unknown military police officer
Date of incident: At around 4:00am on 10 August 2007
Place of incident: Beong Khna village, Beong Khna commune, Ba Kan district, Posat

I am writing to express my deep concern over the arson attack on the house of Mr. Phon Phat, a journalist working for Khmer language newspaper, Chbas Kar. I have learned that at the early dawn on August 10, two unidentified person discretely drive into Phat’s house; one poured gasoline and set fire on it before they fled. The fire damage the house and could have harm Phat’s entire family had they not been able to escape.

Prior to the incident, Phat had received two threats from the callers whose numbers they later traced registered allegedly to a police officer and a police military officer. On August 8, a caller who introduces himself as police officer Leng, called Phat. The phone number Leng was using was 012 53 8802 as it appears when answered. Leng allegedly threatened Phat for reporting to the forestry office regarding the activities of illegal logging. Leng scolded and told him: “are you a journalist for news or for ashes?”

On August 9, Phat once again received another phone call from phone number 012 787372. The caller allegedly warned him from interfering in their “business”; apparently referring to Phat’s report to the forestry administration office which results to confiscation of the illegal logs and equipment owned by the illegal loggers and for reporting the same in his newspaper. The caller later hangs up. I am aware that Phat had been cooperating with the forestry office by reporting activities of illegal logging which results to successful confiscation of illegal logs, machines and vehicles allegedly owned by illegal loggers, particularly by wealthy businessmen. I am also aware that Phat has written several articles for his newspaper, Chbas Ka, on this matter.

I am deeply concerned of this yet another attack on journalist as a result of his work and reporting regarding the illegal logging activities in the area. I am aware on June 16, another reporter, Lem Piseth, was also threatened for reporting activities of illegal logging. I therefore urge you to commence a credible investigation to identify and hold accountable the perpetrators of this attack. The threats made on Phat on his phone must be thoroughly investigated. It must be determine whether those who threatened him are involved are involved or had complicity in torching his house that endangers his and entire family’s lives. I am gravely concerned over allegations that those who had made threats on him are allegedly members of security forces.

Furthermore, I also urge you to look into whether the alleged wealthy illegal loggers are involved or had complicity in threatening and attacking Phat. I am aware that Phat had previously reported to the forestry administration’s office regarding alleged illegal logging activities of some wealthy businessmen which results to confiscation of high value logs and machines they own. I therefore also urge you to look into this in conducting your investigation. Should it be found that they have complicity or involvement, they must also be held accountable for their acts.

Finally, I urge the concerned authorities to consider affording appropriate assistance for the victim and his family. They must also afford them with adequate security and protection promptly. Such arrangement must be made available to them until the situation requires and to ensure that similar incidents of attacks are prevented. I am deeply concern with the lack of protection and security towards them which exposes them to further risks.

I look forward to seeing your intervention on this matter.

Yours Sincerely,

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PLEASE SEND YOUR LETTER 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. Gen. Ke Kim Yan
Commander-in-Chief
High Command Headquarters of the Ministry of National Defence
Royal Cambodian Armed Forces
Kambol
Phnom Penh
Cambodia

3. Mr. Sar Kheng
Deputy Prime Minister
Minister of Interior
275 Norodom Blvd. 
Phnom Penh
CAMBODIA 
Fax/phone: +855 23 72 19 05/72 60 52/72 11 90 
E-mail: info@interior.gov.kh or moi@interior.gov.kh 

4. 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

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

6. Mr. Chhay Saret
Posat Provincial governor
Cabinet of Posat province 
Peal Nhek II village,
Phtash Prey commune,
Sampov Meas district,
Posat Province.

7. Mr. Douglas Gardner
UNDP resident Representative in Cambodia
Resident Coordinator of United Nations/ UNRC
NX 53, Pasteur Street, Boeung Keng Kang I, 
Chamkar Mon, Phnom Penh, 
Cambodia (P.O.Box 877)
Tel: +855-23-214371/214397/211240/211205/216167/216217/213094
Fax: +855-23 216257/721 042/216 863/210 214

8. 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)

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-256-2007
Countries : Cambodia,
Issues : Freedom of expression, Human rights defenders,