Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information that the Kampot Provincial Court freed two villagers representing 30 families fighting for their right to land in Kep municipality, Kampot province on 25 May 2007. The two men were allegedly forced to give confessions that they have illegally lived on the land where one private businesswoman named Teng Ly claimed ownership. They are among four representatives of the villagers who were arrested immediately after testifying before the Kampot Provincial Court on 4 May 2007 regarding dispute over the 45-hectares of farm land. The other two representatives are still being detained at the Kamport Provincial Prison. The AHRC is concerned that legal action has been used against the four representatives to discourage the villagers fighting for their right to land. We are also concerned that one investigating judge is allegedly involved in forcing confessions of the two men. To know more about the nature of the land dispute, see also UA-160-2007.
UPDATED INFORMATION:
The AHRC has previously reported that on 4 May 2007 the Investigating Judge Houn Many of the Kampot Provincial Court ordered the police to arrest four villagers, So Dek (53), Oun Rin (37), Kuy Yung (48) and San Nek (75), after questioning them in court over the controversial 45-hectares of farm land in Cham Ka 3 village, Sang Pong Tek, Khan Domnak Chang Eur, Kep municipality, Kampot province. Their arrest was based on Judge Houn Many’s summon warrant no. 27 issued on 27 April 2007. The four men are representing 30 families fighting for their ownership over the disputed land with one businesswoman named Teng Ly. Ms. Teng Ly lodged a case against the four men before the Kampot Provincial court for the use of violence against a land possessor (herself) on 10 February 2004 under Article 253 of Cambodian Land Law 2001.
According to the information from a credible source, on 25 May 2007, Judge Houn Many privately called the four villagers to the Kampot Provincial Court and offered three conditions for their release; firstly each person should pay one million Riel (USD 250) to the Court, secondly they should put their thumb print to the letter stating that they would not demand the ownership over the said land and thirdly they would be arrested again if they exposed this deal to anyone.
The Kampot Provincial Court freed Oun Rin and Kuy Yung immediately after they put their thumb print in the letters confessing their ‘illegal occupation’ of the said disputed land in exchange of their release. It is reported that one already paid one million Riel to the Court, while the other paid over two million Riel. Meanwhile, two other representatives, So Dek and San Nek, remain in detention at the Kampot Provincial Court and wait for trial, after refusing to accept the offers made by Judge Houn Many.
The AHRC is deeply concerned that the two victims were allegedly forced to give their confession by the judge in order to buy their prompt release. It is completely against the basic principle of the independence of the judiciary that it shall be neutral and nonbiased. However, it is sad to note that it is common in Cambodia that the courts often abuse summon warrants, which has no authority to arrest a person, to arrest poor and marginalized people calling for their lawful and fundamental rights without issuing the arrest warrant. Cambodian courts are also well known to be corrupted and heavily biased in favour of the powerful and the rich. In illegal land grabbing cases where many high ranking government officials and private businessmen are involved, the courts often issue orders favorable to those powerful.
BRIEF REMINDER OF THE CASE:
The four villagers mentioned above are representing the 30 families who have been farming in the disputed 45-hectares land in Cham Ka 3 village since 1994 following the integration of Khmer Rouge soldiers into the government. The Ministry of Interior had issued a notice authorizing the former Khmer Rouge commander Chouk Rin in the area to distribute 30m x 600m of the 54 hectares land to each of 30 families. Thirty families were then permitted to build their houses in 9 hectares of land, which covers a space of 30m x 100m space. The rest of the 45 hectares (30m x 500m) has been used by the villagers for growing rice and other crops.
However, on 10 February 2004, a businesswoman named Ms. Teng Ly, the resident of Phnom Samley village, Kompong Trach west commune, Kompong Trach district, forcibly evicted the villagers with tractors and bulldozers and completely demolished their homes. All the crops cultivated by the villagers were destroyed. Ms. Teng Ly claims that she had also been awarded the said land by the former Khmer Rouge commander Chouk Rin. It is also alleged that she also hired military and police forces armed with rifles and electric batons during the process of eviction. It is common in Cambodia that armed police or security forces are being ‘illegally’ mobilsed to safeguard private businessmen or used for their illegal acts due to corruption. Please see also our urgent appeal UA-160-2007 for details. Furthermore, as mentioned above, Ms. Teng Ly, who is responsible for using violence against the villagers on February 10, filed a case against the four representatives with accusation of using violence against her during the eviction process.
SUGESSTED ACTION:
Please urgently write to the authorities listed below and demand their immediate intervention into this case. Please demand a prompt and impartial internal inquiry into the allegation of forced confession of the two victims made by Judge Houn Many. Necessary sanction should be taken against Judge Houn Many if the allegation is found be true. Please also request that the Kampot Provincial Court review charges filed against the four representatives of villagers and subsequently withdraw them. Please also urge the immediate release of So Dek and San Nek unconditinoally. There must also be an inquiry regarding the illegal use of security forces by Ms. Teng Ly in forced eviction of villagers in February 2004.
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SAMPLE LETTER
Dear __________,
CAMBODIA: Two detained villagers allegedly forced to give confession in exchange of their release by court in Kampot province
Persons freed after giving forced confession: Oun Rin, aged 37, and Kuy Yung, aged 48
Persons being detained at Kampot Provincial Prison: So Dek, aged 53, and San Nek, aged 75
(The above four men are the representatives of 30 families fighting for their ownership over the disputed land in Cham Ka 3 village, Sang Pong Tek, Khan Domnak Chang Eur, Kep municipality, Kampot province)
Those responsible for endorsing arbitrary charges and arrest against victims:
1. Court prosecutor Ouk Kim Tet, Kampot Provincial Court
2. Judge Houn Many, Kampot Court Provincial Court
I am appalled to learn that the two villagers, Oun Rin and Kuy Yung, were allegedly forced to give confession by Judge Houn Many of Kampot Provincial Court in exchange of their immediate release in Kampot province. On 25 May 2007, the Kampot Provincial Court freed the two men immediately after they signed in official letters confessing their ‘illegal occupation’ of one disputed land. After their release, the two men reportedly testified that the Investigating Judge Houn Many prepared those official letters and pressured the two men to sign in them.
I am informed that on 25 May 2007, Judge Houn Many privately called the detained four villagers to the Kampot Provincial Court and offered three conditions for their release; firstly each person should pay one million Riel (USD 250) to the Court, secondly they should put their thumb print to the letter stating that they would not demand the ownership over the said land and thirdly they would be arrested again if they expose this deal to anyone. The Kampot Provincial Court freed Oun Rin and Kuy Yung immediately after they put their thumb print in the letter prepared by Judge Houn Many. It is reported that one already paid one million Riel to the Court, while the other paid over two million Riel. Meanwhile, two other representatives, So Dek and San Nek, remain in detention at the Kampot Provincial Court and wait for trial, after refusing to accept the offers made by Judge Houn Many.
The two men are among the four representatives of 30 families fighting for their ownership over the disputed land in Cham Ka 3 village, Sang Pong Tek, Khan Domnak Chang Eur, Kep municipality, Kampot province.
All the four men had been arrested on 4 May 2007, after the Investigating Judge Houn Many ordered the police to arrest them, soon after being questioned by the court relating to the case filed against the four men by one businesswoman Ms. Teng Ly, with allegation that they were involved in using violence against her on 10 February 2004. In fact, Ms. Teng Ly is the person responsible for using violence through illegally mobilizing armed military and police forces to evict the villages on the very day. Their arrest was based on Judge Houn Many’s summon warrant no. 27 issued on 27 April 2007.
To briefly explain the nature of the dispute, the 30 families who have been farming in the said 45-hectares land in Cham Ka 3 village since 1994 following the integration of Khmer Rouge soldiers into the government. The Ministry of Interior had issued a notice authorizing the former Khmer Rouge commander Chouk Rin in the area to distribute 30m x 600m of the 54 hectares land to each of 30 families. The families were then permitted to build their houses in 9 hectares of land, which covers a space of 30m x 100m space. The rest of the 45 hectares (30m x 500m) has been used by the villagers for growing rice and other crops. However, on 10 February 2004, Ms. Teng Ly forcibly evicted the villagers and destroyed their houses and crops with help of military and armed forces, claming that she had also been awarded the said land by the former Khmer Rouge commander Chouk Rin.
I am concerned that legal action has been used against the four representatives to discourage the villagers fighting for their right to land.
This case also illustrates shows that how much the corruption is deeply rooted in courts and the judiciary is used as a tool to protect only the rich and the powerful in the country. Judge Houn Many’s illegal action in this case is completely against the basic principle of the independence of the judiciary that it shall be neutral and nonbiased. I am saddened to note that it is common in Cambodia that the courts often abuse summon warrants, which has no authority to arrest a person, to arrest poor and marginalized people calling for their lawful and fundamental rights without issuing the arrest warrant. In illegal land grabbing cases where many high ranking government officials and private businessmen are involved, the courts well known to be corrupted often issue orders favorable to those powerful. In this case, the Kampot Provincial Court arbitrary charged the four victims and ordered their arrest, instead of taking proper action to inquire the legitimacy of the ownership over the disputed land claimed by the both parties. On contrary, any provincial authorities including the Kampot Provincial Court have not taken any action against Ms. Teng Ly, who forcibly evicted the 30 families and demolished their houses by mobilizing armed military and police forces on 10 February 2004. This clearly shows the bias attitude of the Kampot Provincial Court toward this matter.
I therefore strongly urge that a prompt and impartial internal inquiry is immediately launched into the allegation of the unlawful deal and forced confession of the two victims made by Judge Houn Many. Necessary sanction should be immediately taken against Judge Houn Many if the allegation is found be true. I also demand that charges filed against the four representatives of villagers are reviewed by the Kampot Provincial Court and they are subsequently withdrawn. I also urge the immediate release of So Dek and San Nek unconditionally if there is no sufficient evidence to hold them for trial. Meanwhile, the cases of So Dek and San Nek should be transferred to other competent and independent judge, considering completely biased attitude of Juge Houn Many on this case.
There must also be an inquiry regarding the illegal use of security forces by Ms. Teng Ly in forced eviction of villagers in February 2004, and strong action should be taken against the responsible military police personnel. I also demand an impartial inquiry into the matter that how Ms. Teng Ly, who has not lived in the said land and has official residence in other area of the Province, could claim that she was awarded the disputed land by the former Khmer Rouge commander Chouk Rin in accordance with the notice issued by the Ministry of Interior. Furthermore, her claimed ownership over the land completely disregards the spirit of the Cambodian Land Law 2001.
Lastly, I again urge the Government of Cambodia to take genuine action to effectively implement the Cambodian Land Law 2001 and uphold the right to land of its citizens from poor and maginalzed sectors in the society. The practice of corruption and arbitrary legal actions with in the Cambodian judiciary should also be effectively dealt with in the spirit of the independence of the judiciary and the rule of law.
Yours sincerely,
——————–
PLEASE SEND YOUR LETTERS TO:
1. Mr. Sok An
Deputy Prime Minister
President of the National Land Dispute Authority
# 41, Str Confederation de la Russie
CAMBODIA
Tel: +855 12 970 608
Fax: +855 23 881 045
2. Mr. Eng Chhai Eang
Member of Parliament
Vice President of the National Land Dispute Authority
# 71 Sothearos Blvd, Sangkat Tonle Basac,
Khan Chamcar Morn
Phnom Penh
CAMBODIA
Tel: +855 12 73 1111
Fax: +855 23 211 336
Email: srphq@online.com.kh
3. 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
4. Mr. Sar Kheng
Minister of Interior
275 Norodom Blvd.
Phnom Penh
CAMBODIA
Tel/fax: +855-23 72 19 05/72 60 52/72 11 90
E-Mail: info@interior.gov.kh, moi@interior.gov.kh
5. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855-23-36 41 19/21 66 22
6. Mr. Tach Khorn
Kampot provincial governor
1 Ou Sophea village, Kompong Kandal commune,
Kompong Bay district, Kampot province,
CAMBODIA
7. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Marianne Haugaard
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)
8. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010
9. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Attn: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR
CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
