Press Freedom Press Freedom

Press Freedom
Attacks on Journalists
Journalists play a critical role in society: the ability to scrutinize and when necessary, criticize
the government, is essential to a functioning democracy. This is even more important given
Cambodia’s lack of access to information and rampant corruption; the country was ranked 160th
in Transparency International’s Corruption Perceptions Index in 2013.19 Reporting by journalists
benefits all Cambodians by acting as a safeguard against government misconduct.
Figures available from the Committee to Protect Journalists (CPJ) detail nine killings of journalists
in Cambodia since 1994 linked to their exposing activities of the wealthy and politically
connected.20 ADHOC’s data, together with information gathered from other local NGOs and
media outlets, gives a higher number, with eleven journalists killed doing their jobs since 1994.
1
Tou Chhom Mongkol, Antarakum
11 June 1994
Location: Phnom Penh
Former Editor-in-Chief of Antarakum, a Khmer-language biweekly.
He died in hospital from head injuries after he was found by
police unconscious on a Phnom Penh street the previous day.
Antarakum had printed a number of articles accusing government
and military officials of corruption. In March of that year, the office
of Antarakum had been targeted in a grenade attack.
2
Nun Chan, Samleng Yuvachun Khmer
06 September 1994
Location: Phnom Penh
Former Editor-in-Chief of Samleng Yuvachun Khmer, he was killed
in central Phnom Penh when he was shot by two men. He had
previously received death threats for covering cases of high-level
corruption.
19
20
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Press Freedom
3
Chan Dara, Koh Santepheap
08 December 1994
Location: Kampong Cham
Former reporter for Koh Santepheap. He was shot after having
dinner at a restaurant in Kampong Cham. A high-ranking army
official was arrested in connection to the murder but was released
due to lack of evidence in May 1995. Col. Sat Soeun admitted to
having been drinking with Chan Dara, but stated that another
man had shot the journalist. Chan Dara had allegedly received
death threats from local officials who accused him of writing for
Preap Norn Sar, an opposition-aligned newspaper that ran stories
on corruption.
4
Thun Bun Ly, Odom K’tek Khmer
18 May 1996
Location: Phnom Penh
Former Editor and journalist for the opposition-aligned (Odom
K’tek Khmer). He was shot while riding his motorcycle. Odom K’tek
Khmer had been closed by the authorities in May 1995 and Thun
Bun Ly was appealing defamation and disinformation charges at
the time of his death. He had criticized the wife of a high-ranking
politician.
5
Chet Duong Daravuth, Neak Prayuth
30 March 1997
Location: Phnom Penh
A grenade was thrown in the midst of a peaceful protest led by
opposition leader Sam Rainsy, killing 16 people including Chet
Duong Daravuth, a former reporter for Neak Prayuth. He was
covering the protest for his newly formed paper. The protest was
calling for an independent judicial system. His death does not
appear to be related to his activities as a journalist; however,
it came as a result of covering a political event and shows the
dangers journalists have faced in the country.
Transparency International, Corruption Perceptions Index, 2013. Available at http/:www.transparency.org:country - KHM
Figures can be found at: http://cpj.org/asia/cambodia/
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The Right to Remain Silenced - Expressive Rights in the Kingdom of Cambodia
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Press Freedom
6
Pich Em, TVK
Press Freedom
9
Chou Chetharith, Ta Prum
04 May 4 1997
18 October 2003
Location: Sihanoukville
Location: Phnom Penh
He was shot twice in the stomach during an attack at the TVK
station in Sihanoukville. A group of men stormed the building
using automatic weapons and rockets. A further two people
sustained injuries and the station’s equipment was mostly
destroyed. A few days earlier the station had refused a request
from a senior provincial policeman to broadcast a political speech
by a FUNCINPEC leader.
A Former journalist for Ta Prum, he was shot in the head shortly
after the station had received a warning from Prime Minister
Hun Sen to “monitor its programs.” The station had a history of
criticizing the Prime Minister. The director of the station had been
an advisor to Prince Norodom Ranaridh, who was then head of
the FUNCINPEC.
10
Khim Sambo, Moneaseka Khmer
11 July 2008
7
Michael Sokhan, The Cambodia Daily
07 July 1997
Location: Phnom Penh
Two days after the 1997 coup d’état in Cambodia, Michael Sokhan
took pictures of soldiers looting a market near his house. He was
shot in the knee by soldiers. His wife heard the shot and came out
to see what was happening. The soldiers then murdered Michael
Sokhan in front of his wife and her brother. He had worked at the
Cambodia Daily in Phnom Penh and the paper’s editors reported
that the pictures he took of the looting would have been featured
in its coverage of the coup had they been recovered.
Location: Phnom Penh
He was shot twice while riding his motorcycle. His son was with
him at the time, and he was also shot whilst he comforted his
father. Eyewitness accounts state that two gunmen approached
Khim Sambo from behind and made no attempt to hide their
identities. He died immediately, while his son died from his
injuries the following day. A few days earlier, Khim Sambo had
written an article alleging a high-ranking police officer had been
involved in a dispute at a casino.
10
Hang Serei Oudom, Virakchun Khmer Daily
11 September 2012
8
Ou Sareoun, Samleng Reas Khmer
14 October 1997
Location: Phnom Penh
A former journalist for Samleng Reas Khmer, he was attacked and
shot dead by security guards when distributing newspapers to
market vendors. The newspaper had carried stories on an extortion
racket at Phnom Penh’s Central Market and security guards had
been implicated. Official reports claimed his death was linked to
a card game; rights groups and the Khmer Journalists Association
have criticized this explanation. The guard who shot him was
arrested, yet later released.
12
The Right to Remain Silenced - Expressive Rights in the Kingdom of Cambodia
Location: Rattanakiri province
On 11 September 2012, Hang Serei Oudom was found dead in the trunk
of his car after he had been reported missing. Hang Serei Oudom’s
professional activities focused on exposing illegal logging. He had
implicated rich and powerful people as well as officials in Rattanakiri
province.
On 06 and 08 September, Virakchun Khmer exposed a case of
corruption related to illegal logging. A Rattanakiri-based military
police officer allegedly allowed loggers to roam free in exchange for
bribes. Hang Serei Oudom’s wife reported that on 09 September
2012, between 6 and 7pm, her husband went out after he received
a phone call. He was later found hacked to death in the trunk of
his car.
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Press Freedom
Two arrests were made in September 2012. Lawyers representing
Hang Serei Oudom’s family complained that the investigation
into this case seemed to have concluded “faster than usual,” while
ADHOC investigators expressed concern that high-ranking police
officers may be involved but had not been questioned.21 The court
dropped all charges and nobody has yet been found guilty of
murdering Hang Serei Oudom.
Press Freedom
Recommendations
To ensure the freedom of expression is respected in Cambodia, ADHOC offers the
following recommendations:
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Case Study:
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Respect national and international laws in place to protect freedom of expression,
and ensure they are properly implemented;
Grant additional radio and television licenses to widen the media landscape to
include independent voices;
Investigate crimes committed against those using their right to free speech and ensure
perpetrators are punished in accordance with the law;
Ensure that the judiciary is impartial and independent from political interference
and not used as a tool to silence dissent;
Ensure that the press is able to work in a manner free from government interference
in a climate that respects and protects journalists;
Consider adopting legislative measures to protect journalists conducting their
professional activities;
Refrain from blocking websites critical of government activities;
Do not interfere with Internet freedom, both in terms of legislation and in terms of
citizens’ access to the Internet.
On 02 May 2014, Voice of Democracy reporter Lay Samean was badly beaten by Daun
Penh public order guards while covering a political rally in Phnom Penh. He was beaten
unconscious with wooden clubs and kicks by more than 10 guards, who broke his
cheekbone. As a result he needed facial reconstruction surgery in Bangkok. 22
Lay Samean was beaten for doing his job. He was reporting on a CNRP march to mark
the start of campaigning in local district and provincial commune election and was
attacked when he took photographs of the district public order guards beating a monk.
The guards also took his phone and recording equipment.
The Cambodian Center for Independent Media (CCIM) filed a lawsuit for damages
against Phnom Penh Governor Pa Socheatvong, Daun Penh District Governor Sok
Sambath and his deputy, Sok Penh Vuth. The lawsuit demands compensation of
$30,000 to reclaim the cost of Lay Samean’s surgery.23 The complaint is still with the
court at the time of going to press.
21
22
23
14
RFA, Newsman’s Murder Probe Disputed, 21 April 2012.
Cambodian Centre for Independent Media (CCIM), CCIM Condemns Beating of VOD Reporter, 02 May 2014. Available at http://www.ccimcambodia.org/
press-release/96-ccim-condemns-beating-of-vod-reporter
Phnom Penh Post, National Journalist Sues for Damages, 29 May 2014. Available at Phnom http://www.phnompenhpost.com/national/journalist-suesdamages
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Freedom of Assembly
The freedom to hold peaceful meetings and peaceful demonstrations is essential for the general
public to take part in the political activities of their nation and to address their government in
order to express their opinion or dissent. In Cambodia, the right to freely and peacefully assemble
is often ignored by the authorities, who have repeatedly attempted to repress peaceful dissent
and halt demonstrations. Security forces acting with impunity have used disproportionate
and excessive force. The brutal crackdowns by the security forces in early January 2014 and a
subsequent illegal ban on assemblies have constituted a gross violation of expressive rights.
Violence is not the only means the authorities have used to prohibit free assembly. The
Demonstration Law of 2009 (discussed in detail below) has been used to prevent assemblies.
The state should facilitate demonstrations as a matter of course with restrictions limited to
those under international human rights law.
1.
Cambodian law
The right to freedom of assembly is guaranteed under Article 41 of the Cambodian Constitution,
while Article 35 provides for the right to participate actively in the economic, political, social
and cultural life of the nation. Article 37 further stipulates that “the right to strike and to nonviolent demonstration shall be implemented in the framework of a law.” Moreover, by virtue of
the incorporation of international agreements into domestic law, the Cambodian Constitution
reinforces these provisions. As such, Article 31 of the Constitution states that “[the Kingdom
of Cambodia shall recognize and respect human rights as stipulated in the United Nations
Charter, the Universal Declaration of human Rights, the covenants and conventions related to
human rights.]” This principle has been further recognized by the Cambodian Constitutional
Council in a 2007 decision: “courts are required to take account of the international human
rights instruments incorporated into the Constitution when interpreting domestic legislation.”
2.
International Law
The right to freedom of assembly is protected under Article 20 of the UDHR and by Article 21
of the ICCPR. In his 2012 report, the Special Rapporteur on the right to peaceful assembly and
freedom of association provided this definition of “assembly”:
Intentional and temporary gathering in a private or a public space for a specific
purpose […]includes demonstrations, inside meetings, strikes, processions, rallies
or even sits-in. Assemblies play a vibrant role in mobilizing the population and
formulating grievances and aspirations, facilitating the celebration of event and,
importantly, influencing States’ public policy.24
States have the positive obligation to facilitate the exercise of this right by enabling law and by
engaging measures to ensure the security of the protesters and the general public. The right
to freedom of assembly also imposes the negative obligation upon state not to arbitrarily limit
this right. States should therefore not unduly interfere with peaceful protests and the use of
violence against peaceful protests should be avoided. According to the United Nations General
Assembly Resolution 15/21, this right “can be subject to certain restrictions, which are prescribed
by law and which are necessary in a democratic society in the interests of national security or
public safety, public order, the protection of public health or morals of the protection of the
rights and freedoms of others.” Although restrictions are possible, they must “not harm the
principles of pluralism, tolerance and broadmindedness. Any restriction should be subject to
an independent, impartial, and prompt judicial review.” 25 Thus, laws restricting the right to
hold peaceful assembly should not impair the right in itself, and they should respond to the
proportionality test. Moreover, the authorities should provide sufficient protection for protesters
against violence by law enforcement officers or other private persons, such as private company
employees or security guards.
Demonstration Law 2009
The Demonstration Law - while creating a framework for the implementation of the right to
peaceful protest - is a barrier to the effective realization of the right to freedom of assembly.
According to the law, peaceful assembly “refers to a gathering or a march conducted by a group
of people to publicly demand, protest or express their sentiments, opinions or will by using
various forms or means peacefully.”26 Although the law contains some positive steps aimed
at protecting the right to peaceful protest and at ensuring the security of protesters, it also
includes many undue restrictions. Firstly, the law encumbers the right to freedom of assembly
by enacting a de facto authorization requirement. Articles 5 and 7 provide that the organizers
of a demonstration must send a notice to the local authorities at least five working days before
the proposed event takes place. Other articles, such as the necessity to provide contact details of
three leaders and a photocopy of their Khmer national identity cards may intimidate organizers,
who could risk harsh criminal penalties if something goes wrong in the protest. As noted by
Cambodian civil society, this is problematic: “Not only does the law require the notification to
include information that is difficult, if not impossible to ascertain in advance, the law also gives
the government absolute discretion in approving or denying permission following the notice. In
practice therefore the notification requirement acts as an authorization requirement. And [it]
imposes harsh criminal penalties on protestors and organizers for vaguely defined conduct.”27
Furthermore, Article 20 clearly gives the authorities permission to disperse a peaceful
demonstration if no notification letter had been submitted. A demonstration which has not
been officially authorized by the government can thus be dispersed by force, possibly resulting
in violent acts by security services against peaceful protesters.
Article 14 of the Demonstration Law creates “Freedom Parks” as spaces specifically designated
for protests and demonstrations. When the law was promulgated ADHOC expressed concern
that rather than supporting freedom of assembly, this provision could undermine the efficacy
of protests and lessen their impact. The Special Rapporteur on the rights to freedom of
peaceful assembly and of association warns against “the practice whereby authorities allow a
demonstration to take place, but only in the outskirts of the city or in a specific square, where its
impact will be muted.”28 Although law does not compel protesters to utilize the Freedom Parks,
25
26
27
24
16
Maina Kiai, Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association A/HRC/20/27, May 2012, para.24, [Report of the
Special Rapporteur A/HRC/20/27].
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28
Report of the Special Rapporteur A/HRC/20/27, supra note 25. 84 (e).
Cambodian Law on Peaceful Demonstrations, art.4.
Cambodian League for the Promotion and Defense of Human Rights (LICADHO), The Delusion of Progress: Cambodia’s Legislative Assault on Freedom of
Expression, October 2010, p.2. Available at: http://www.licadho-cambodia.org/reports.php?perm=162
Report of the Special Rapporteur A/HRC/20/27, supra note 25, para.40.
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Freedom of Assembly
there have been instances of the authorities misinterpreting it and breaking up protests for not
taking place within the Freedom Parks.
Freedom of Assembly
Public Order Guards
In 2013, Freedom Park in Phnom Penh became more popular as a place of protest, particularly
by the opposition CNRP supporters. On 01 May Freedom Park was barricaded closed by the
government. It remained closed for three months until the day after the CNRP officially joined
Parliament.
Demonstration, Repression and Violence in 2013 and 2014
In 2012 and 2013 the government capitulated to pressure to address some people’s grievances,
likely in order to garner support prior to national elections on 28 July 2013. The minimum wage
for garment workers increased from $61 per month to $75, a land titling scheme was launched
in 2012, as was a moratorium on controversial Economic Land Concessions (ELCs).29 Despite
the government’s efforts, protests continued. According to the Phnom Penh municipality there
were 344 demonstrations in Phnom Penh in 2013, an average of nearly one per day. Of these
demonstrations, 181 were by factory workers, 18 were organized by civil society groups, 70 by
private citizens or groups of citizens and 75 by political parties. The municipality does not provide
figures for how many of these demonstrations were violently broken up, however according to
ADHOC’s data 129 demonstrations were subject to crackdowns by the authorities in 2013, leaving
two people dead and many more injured.
Case Study:
On 13 March 2013, ten people were injured, five seriously – including two whom were knocked
unconscious – when they were set upon by security forces at a protest by former residents of Boeung
Kak Lake in Phnom Penh, the site of a controversial forced eviction in January 2012. The protesters
had gathered outside the Ministry of Justice at around 8:00am to request the release of Yorm Bopha,
a former Boeung Kak resident sentenced to three years in prison on 26 December 2012 on spurious
charges. Her husband, Lous Sakhorn, was among those attacked. He told ADHOC he heard a leader of
the security forces say “arrest him for me and beat him for me”. He was beaten by more than 10 people.
He lost three front teeth and sustained severe injuries to both of his legs.
In the run up to Cambodia’s national elections, ruling party and opposition party supporters
could be seen on the streets waving flags and rallying in favor of their chosen party. Convoys
of cars and motorbikes took to the streets of Phnom Penh and other major cities. However,
in the days prior to the election, things took a turn for the worse. Razor wire barricades were
erected on streets off of Phnom Penh’s Norodom and Sihanouk Boulevards. Military police
with automatic rifles manned the city’s main thoroughfares. The increased military presence
continued throughout the year.
29
18
For further information please see: ADHOC, Land Situation in Cambodia in 2013, May 2014. Available at: http://www.adhoc-cambodia.org/?p=4580
The Right to Remain Silenced - Expressive Rights in the Kingdom of Cambodia
Para-police force at protests and
demonstrations in Phnom Penh
ADHOC monitors have noted the increasing use of public order guards as a para-police
force at protests and demonstrations in Phnom Penh. In their current guise, these public
order guards wear blue uniforms and black motorcycle helmets and wield batons. Some
uniforms have name badges and identification numbers, but most do not. The guards
can be seen at protests and demonstrations harassing, intimidating and beating people.
They are often accompanied by plain-clothed people with sticks. ADHOC is concerned at
the use of poorly trained guards being used to police demonstrations and has witnessed
the public order guards reacting to orders to beat specific protesters and even bystanders
on numerous occasions.
A sub-decree was signed by Prime Minister Hun Sen on 31 March 2014 aimed at enhancing
the roles, responsibilities and participation of the sub-national administration in
maintaining social order and public security. The sub-decree also determined the
composition, roles, responsibilities, power and working modalities of the Unified
Command at Provincial/Municipal and District/Khan Administration.
In a complaint made against CNRP lawmakers following a retaliatory beating the guards
received at the hands of CNRP supporters, the complaint confirmed that the public
order guards were acting under the authority of the Daun Penh Unified Command
Committee.
In light of the sub-decree ADHOC calls for greater accountability for the actions of the
guards and notes that it is the subnational-national administration, particularly Daun
Penh in Phnom Penh where most the beatings have occurred, which is responsible for
the violent actions of the guards. It must take real steps to address the routine violence
and thuggish behavior of the public order guards under its command.
In the months following the national elections Cambodia witnessed a surge in political rallies
by the opposition Cambodia National Rescue Party (CNRP) and its supporters, who refused to
accept the election results, alleging widespread electoral fraud and bias by the National Election
Committee (NEC). This was coupled with large-scale industrial action by garment workers
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Freedom of Assembly
Freedom of Assembly
demanding a living wage of $160 per month. Though the government initially showed some
restraint in how it managed assemblies, particularly political rallies, incidents of the security
forces opening fire on crowds had left two people dead by the end of 2013. One man, a bystander,
was shot dead by military police at Phnom Penh’s Kbal Thnal overpass in September 2013, the
day of a mass CNRP protest. Another bystander, a female rice vendor, was killed when military
police opened fire on demonstrators at a November protest by garment workers which had
turned violent. No credible investigations have been launched into the two killings.
On 15 September 2013, Mao Sok Chan, a 29 year old construction worker and newspaper
binder, was killed by security forces at Phnom Penh’s Kbal Thnal overpass on the day
of a political rally by the opposition CNRP. The father of four children, Mao Sok Chan
had not attended the political rally but was instead caught up when some commuters,
angry with police and military police for blocking the overpass during rush hour, threw
rocks towards at them. Military police then opened fire on the commuters. Mao Sok
Cham was shot in the forehead and died at the scene. Several others were injured. The
authorities attempted to remove his body, but were prevented from doing so by NGO
monitors and bystanders.
Earlier in the day protesters had thrown rocks at police on Sisowath Quay. The police
had barricaded the road to prevent the rally moving down the riverside. The protesters
were hit with water from fire trucks and choked by tear gas.
In the days that followed, officials repeatedly alleged that an investigation into Mao Sok
Chan’s death had been launched, but at the time of going to press no findings have been
made public and nobody has been held accountable for his death. The authorities have
similarly kept his family in the dark over the status of an investigation, and the family
has yet to receive any answers, let alone justice.
Case Study:
On 12 November 2013, security forces opened fire on protesters from SL Garment
Factory in Phnom Penh’s Meanchey district, killing one woman, Em Sokorn, a 49
year old rice vendor not involved in the protests, and injuring at least nine others.
A further 37 people were arrested, including monks.
The violence erupted after around 200 protesters were prevented from marching
to Prime Minister Hun Sen’s house. A police truck and two police motorcycles were
torched and protesters began throwing rocks at riot police. The security forces
responded by firing live ammunition at demonstrators. On more than one occasion
police were seen by journalists and NGO monitors firing indiscriminately into the
crowd. On another occasion, journalists spotted a policeman firing his pistol into
the stomach of a bystander.30
Case Study:
w
The protesters were demanding improved working conditions at their factory,
which manufactured apparel for foreign brands such as Gap and H&M. The
30
20
The Right to Remain Silenced - Expressive Rights in the Kingdom of Cambodia
The Cambodia Daily, Police Deny Responsibility for Shooting Civilians, 14 November 2014. Available at: http://www.cambodiadaily.com/archives/police-denyresponsibility-for-shooting-civilians-46937/
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