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

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 case, please click here: SEND APPEAL LETTER