[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Cambodian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Cambodian authorities are attached below with this appeal. Thank you.]
CAMBODIA: Illegal arrest and detention; corruption; collapse of the rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has learned that the Ratankiri provincial court has illegally detained a 45 year-old man named Touch Chunly after an alleged complaint was made against him by two Cambodian People Party (CPP) members on 29 September 2006. The complaint was lodged by CCP members Cheng Sopheap and Sorn Bunteurn, regarding a land issue that involved a 1.8 hectare property. It is alleged that the victim was detained to intimidate the other 25 ethnic minority families who have lived on the land since 1986. These families have recently been forced from their land and driven far away. According to Cambodia’s 2001 land law, this is illegal since anyone who inhabits a property for more than five years has a right to apply for a definitive title of ownership.
According to the information we have received, the ethnic minority families have been living on the 1.8 hectares of land at village 5, Laban Seak commune, Ban Lung district, Ratanakiri province, since it was a full forest in 1986. In 1993, the CPP members had quietly built a fence around that land with the intention of seizing the property from the families without reason. The ethnic minority families thought that it was just a normal security fence to protect them. However in 2005, Cheng Sopheap and Sorn Bunteurn lodged a complaint to the provincial court about 1, 8 hectares of land being occupied by the families. The court then issued a judgment that ordered the people moved to a new location, while granting the CPP members the right to take over that land legally.
According to the verdict, only seven families are able to receive compensation for a new plot of land (10 m width and 50 m long) to be provided for each of them. However, the other eighteen families have received no compensation and have been left to fend for themselves. According to the information we have received, the 1.8 hectares of land will be sold to a private company for a cost of 800 million Riel ($US 200,000) in order to build a hotel.
Cheng Sopheap and Sorn Bunteurn are clearly abusing their power and the provincial court has acted illegally in detaining Touch Chunly. After the victim was questioned, he was arrested without any warrant and the police did not conduct a proper investigation. The court also lacks sufficient evident to detained the villager.
Cambodia’s Prime Minister has publicly declared that the government must not abuse indigenous land rights. The land law which was passed in 2001 also clearly states “that no authority outside the community may acquire any rights to immovable properties belonging to an indigenous community. The same law also stated that any person who, no less than five years prior to the promulgation of this law, enjoyed peaceful, uncontested possession of immovable property that can lawfully be privately possessed, has the right to request a definitive title of ownership“.
The AHRC urges the Cambodian government to take action against the two CPP representatives who abused their power by allegedly seizing land from the villagers, in the hopes to sell the property to a private company.
We also demand that the Ratanakiri provincial court release Touch Chunly because his detention is illegal in that the charges against him lack sufficient evidences and no proper investigation has been conducted. We also urge the Cambodian authority to give the land ownership to these families. The AHRC strongly condemns the CPP members and the Ratankiri court for their alleged intimidation tactics on this small community.
SUGESTED ACTION:
Please send a letter to the relevant authorities mentioned below urging them to immediately remedy the situation and investigate the Ratanakkiri CPP members in this forced eviction so that the action may be taken against the alleged perpetrators.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
CAMBODIA: Villager is illegally detained by the Ratankiri provincial court after an alleged complaint lodged by the ruling provincial party regarding a land issue
Victims: 25 families in village 5, Laban Seak commune, Ban Lung district, Ratanakiri province, Cambodia; Mr. Touch Chunly (aged 45) have been detained by Ratankiri provincial court for the land conflict between CPP member and the 25 families
Alleged perpetrators:
1. Mr.Cheng Sopheap, Cambodian People Party (CPP) member in Ratankiri province
2. Mr. Sorn Bunteurn, Cambodian People Party (CPP) member in Ratankiri province
Date of incident: From 29 September 2006 till date
Place of incident: Laban Seak commune, Ban Lung district, Ratankiri province, Cambodia
I am writing to express my deep concern that the Ratankiri provincial court has detained a 45-year-old man named Touch Chunly after he was questioned about 1.8 hectares of land at village 5, Laban Seak commune, Banlung district after a complaint was made by two members of the Cambodian People Party (CPP) on 29 September 2006.
According to the information I have received, a complaint was lodged by CCP members Cheng Sopheap and Sorn Bunteurn, regarding a land issue that involved a 1.8 hectare property. It is alleged that the victim was detained to intimidate the other 25 ethnic minority families who have lived on the land since 1986. These families have recently been forced from their land so that the property can be sold to a private company for 800 million Riel ($US 200,000). I am also very aware that Cambodia’s 2001 land law prohibits this act since anyone who inhabits a property for more than five years has a right to apply for a definitive title of ownership.
I am aware that the ethnic minority families have been living on the 1.8 hectares of land at village 5, Laban Seak commune, Ban Lung district, Ratanakiri province, since it was a full forest in 1986. I have also learned that in 1993, the two CPP members had quietly built a fence around that land with the intention of seizing the property from the families without reason. The ethnic minority families thought that it was just a normal security fence to protect them. However in 2005, Cheng Sopheap and Sorn Bunteurn lodged a complaint to the provincial court about 1, 8 hectares of land being occupied by the families. The court then issued a judgment that ordered the people moved to a new location, while granting the CPP members the right to take over that land legally.
I am very concerned that the authorities have not yet granted land ownership to those families even they have been living in that land for over 20 years. These families have their automatic right to settle legally as highlighted in the 2001 land law.
According to the law, it is a criminal case if an act or conduct, in fact, that is a hinders the peaceful holder or possessor of immovable property in an area not yet covered by the cadastral index maps, the ownership rights of which have not yet been fully strengthened under this law.
An infringement against ownership within the scope of the preceding article may be committed by a competent authority or by an individual acting alone or in conspiracy with agents of the authority. An official or competent authority that infringes a lawful right to immovable property shall be liable for an administration penalty in addition to a criminal penalty and civil damages.
Any person who use violence against a possessor in good faith of an immovable property; whether or not his title has been established or it is disputed, shall be fined from 1,500,00 Riel to 25,000,000 Riel and/ or imprisoned from six (6) months to two (2) years irrespective of the penalty fort violence against a person. In addition to the above penalty, the violator shall be liable for civil damages that were caused by his violent acts. If the violence was ordered by a person other than the perpetrator, who did not personally participate in the commission of such violence, he shall be subject to the same penalties as the perpetrators of the violence.
I am concerned that this law has never been practiced properly for land grabbing cases that are committed by powerful people or by ruling party members (CPP). Land grabbing in Cambodia has become a seriously human rights violation. Prime Minister Hun Sen has always declared to the public that government officials must not abuse power or act violently to the people over conflicts of land. Otherwise, the PM would take action on every official who violated his message. Regrettably, land grabbing does happen and those who suffer the most never see justice.
I therefore ask you to take action to ensure that Touch Chunly is released immediately because his detention is illegal in that the charges against him lack sufficient evidences and no proper investigation has been conducted. We also urge you to take proper action to give the land ownership to these families. I also urge you to provide financial assistance to Touch Chunly’s family since they are unable to take care of themselves since the victim’s arrest.
I also urge you to take action against the CPP members Cheng Sopheap and Sorn Bunteurn who are stealing the ethnic minority families land to sell to the private company. I also urge that you help in granting ownership to the 25 families as it is their right according to the 2001 land law. Finally, I urge the Cambodian government to take all possible measure to strictly enforce the land law, prevent illegal land grabbing and protect the rights of the citizens.
Sincerely yours,
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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. 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, moi@interior.gov.kh
3. 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
4. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
Cambodia
Tel: +855 23 21 84 60
5. Mr. Mourng Poy
Ratankiri provincial governor
Village 5, Laban Seak commune,
Ban Lung district, Ratanakiri province.
Tel: +855 12 974 020
Fax: +855 75 974 020
6. Mr. Ray Rey
Ratankiri Police commissioner
Village 5, Laban Seak commune,
Ban Lung district, Ratanakiri province.
Tel: +855 12 755 051
Fax: +855 75 974 022
7. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights – Cambodia
N¢X 10, Street 302
Sangkat Boeng Keng Kang I
Khan Chamcar Mon
Phnom Penh
CAMBODIA
Tel: +855-23-987 671 / 987 672, 993 590 / 993 591 or +855 23 216 342
Fax: +855-23-212 579, 213 587
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)
9. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
10. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
