CAMBODIA: Journalist receives death threats from government official after exposing his neglect of duties

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-343-2007
ISSUES: Corruption, Freedom of expression, Threats and intimidation,

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a journalist working for Koh Santepheap newspaper, Try Vantha, 46, has been threatened by a senior official of the social affairs department in Preah Vihear province. On 13 November 2007, Try was in a restaurant where the official, Kim Thany, was also present. While inside, Kim warned Try to refrain from writing reports about him otherwise he would be killed. Kim was angry over Try’s news report published in his newspaper in April 2007 exposing neglect in his work which results in long delays in the payment of pensions and allowances for disabled soldiers and their widows.

CASE DETAILS: (Based on the account of the victim and other sources)

In April this year, Try Vantha (46), a disabled veteran and journalist working for Koh Santepheap newspaper in Preah Vihear province wrote an article exposing Kim Thany’s incompetence and neglect. Kim, director of the Social Affairs Department in the province, and his companions were said to be responsible for the long delays in payment of pensions to disabled soldiers and allowances to the widows of soldiers.

Try reported that because of Kim incompetence the pensioners have had to wait up to a year before receiving their supposedly monthly pensions or allowances. Try’s report had reportedly angered Kim.

In the afternoon of November 13, Try happened to be in Tong Heng restaurant in Phearakech village, Palhal commune, where Kim was also present. At 5:40p.m., in the middle of the restaurant’s crowd, Kim, who was seating next to a table where Try was seated, stood up and pointed his finger to him. Kim then ridiculed Try by calling him in a derogatory title for a person of inferior status.

Kim angrily threatened Try not to write anything more about him again or he would hire his military friend to kill him. Kim was heard telling Try as: ‘If you write about me again, I’ll spend USD 10,000 to get my friend, deputy Army Commander in Preah Vihear province, to kill you.’ Kim further ridiculed him saying: ‘The status of you [Try], journalist, cannot equal mine, [I am the] Director of the Social Affairs Department.’

When Kim was later asked about the threat he had made on Try, he denied it. He instead claimed that Try was drunk at the time of incident and that he could charge him with anything. In an apparent show off of arrogance, Kim added he and Try were not equal ‘in weight’ so he would not bother responding to Try’s accusations.

Try had kept the threat to himself for several weeks before informing the editor of his newspaper about it. He had already filed a criminal complaint against Kim for attempted murder. In Cambodia, once a person made threats to another, they can be charged for attempted murder, unlike in other countries where they would be charged either for threats or grave threats. The Cambodian law does not define ‘threat’ as a criminal offense.

ADDITIONAL COMMENTS:

There have been incidents of threats, targeted attacks and violence against journalists in Cambodia, in particular those involved in reporting or exposing corrupt and illegal practices by government officials and the security forces.

On November 27, a female journalist, Ms. Som Sithavry, was interviewing a military police commander in Sandan district in Kampong Thom province regarding a brawl involving two military police officers. While she was interviewing, a military police captain cut in and threatened her saying: ‘Do the job properly, otherwise I will break your legs’. Please read for details: UA-334-2007

On August 10, the house of journalist Phon Phat (41) was also torched in Ba Kan district, Posat. The torching happened days after he received two threatening telephone calls from numbers registered to members of security forces. He was threatened after he reported illegal logging activities to the forestry administration and for writing stories about it to his newspaper. Please read for details: UA-256-2007

On August 4, another journalist, Mr. Heng Veasna, was also assaulted by a military police officer in Toul Kroh village, Posat province. Heng was on the way back home after collecting information on two illegal shooting cases by a military police officer and a chief prosecutor when he was assaulted. Please read for details: UA-252-2007

On May 2, journalist Chim Chenda working for Kampuchea Thmei (New Cambodia) also received a death threat from an army general. General Pol Synoun, chief deputy for the international relations office of Cambodia-Thailand border affair, pointed his pistol at Chim whom he had forced to kneel down to and apologize for calling him ‘Brother Noun’. Chim denied he had uttered such word to the general. Please read for details: UA-152-2007

SUGGESTED ACTION:
Please send your letters to the authorities listed below requesting their intervention to take appropriate action on Kim Thany. The criminal complaint against him must be resolve immediately. They should also take adequate measures to ensure the victim’s safety and security; and ensure he would be allowed to carry on his duties without being subject to threats.

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

SAMPLE LETTER

Dear_________

CAMBODIA: Journalist receives death threats from government official after exposing his neglect of duties

Name of the person threatened: Try Vantha, journalist working for Koh Santepheap newspaper
Alleged perpetrator: Kim Thany, director of the Social Affairs Department of Preah Vihear province
Place of incident: Tong Heng Restaurant in Phearakech village, Palhal commune, Tbeng Meanchey district 
Date of incident: At 5:40p.m. on 13 November 2007

I am writing to voice my deep concern regarding the threat made on Try Vantha (46), a journalist working for Koh Santepheap newspaper. I have learned that on 13 November 2007, Try was inside Tong Heng restaurant where Kim Thany, director of the Social Affairs Department in Preah Vihear province, was also present. It is there where Kim had threatened Try.

While inside, Kim stood up and threatened Try saying: ‘If you write about me again, I’ll spend USD 10,000 to get my friend, deputy Army Commander in Preah Vihear province, to kill you.’ He also ridicule Try saying: ‘The status of you, journalist, cannot equal mine, [I am the] Director of the Social Affairs Department.’ He also called Try by the derogatory title of a person with inferior status.

I am aware that in April this year, Try, also a disabled veteran, had written an article in his newspaper which exposed the long delays in the payment of monthly pensions to disabled soldiers and allowance to soldiers’ widows. In his article, Try held Kim and his subordinates responsible for these delays because of their neglect and incompetence. The pensioners have had to wait, sometimes up to a year, before they could received their supposedly monthly pension or allowance.

I have learned that Try had kept the said incident to himself for several weeks before reporting it to the editor of his newspaper. Try had already filed a criminal complaint against Kim for attempted murder. However, I am unaware of any actions taken again Kim for making threatening remarks on the victim; nor action taken to address the concerns on the delays in the pensions of soldiers and their widows.

It is disappointing that journalist reporting neglect and malpractice of government officials are instead been subject to threats and attacks. I am aware that this is yet another case wherein journalists involved in reporting malpractices and abuses by the government officials and security forces, are subjected to attack and violence. I am long been gravely concerned by the negligible action taken against those involved; and the lack of adequate action to ensure the safety and security of journalists for them to continue their work without fear.

I therefore urge you to have the government official involved in this case, Kim Thany, investigated over allegations of threatening Try. Try’s complaint against Kim must be resolve immediately. Allegations of Kim and his office’s neglect and incompetence must also be investigated. If found to have neglected their duties they must be held to account and that actions must be taken to ensure prompt distribution of pensions as well to the needy. It is disappointing that this official has instead resorted into threatening the victim rather than improving their duties; and that they have so far not been held account.

I trust that you take immediate action in this case.

Yours sincerely,

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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 2321 9898
Fax: +855 23 36 0666
E-mail: cabinet1b@camnet.com.kh

2. Mr. Sar Kheng
Deputy-Prime Minister
Minister of Interior
No.275 Norodom Blvd., Phnom Penh 
CAMBODIA
Fax/phone: +855 23 721 905 / 23 726 052 / 23 721 190 
E-Mail: info@interior.gov.kh or moi@interior.gov.kh

3. Mr. Ith Sam Heng
Minister
Ministry of Social Affairs, Veterans and Youth Rehabilitation
No. 778B Monivong Boulevard, 
Phnom Penh (12305)
CAMBODIA
Tel/Fax: +855-23 726 095, 
E-mail: samhengboros@yahoo.com?lt;/font>

4. 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

5. Mr. Khiev Kanharith
Minister of Information
No 62 Monivong Blvd.
Phnom Penh
CAMBODIA
Tel:+855-23 724159 / 426059 / 723389
Fax: +855-23 427475
E-mail: information@cambodia.gov.kh

6. Mr. Henro Raken
Prosecutor-General 
Court of Appeal
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Tel: +855 11 86 27 70
Fax: +855 23 21 66 22

7. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
CAMBODIA
Tel: +855 23 21 65 85
Fax: +855 23 22 09 52

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-343-2007
Countries : Cambodia,
Issues : Corruption, Freedom of expression, Threats and intimidation,