CAMBODIA: Army beats and arrest villagers in a land dispute in Kampot province

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-148-2008
ISSUES: Inhuman & degrading treatment, Land rights, Police negligence, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that soldiers beat villagers when they protested against the grabbing of their land in Chey Sena village, Ta Ken commune, Chhouk district, Kampot province, on 23 June 2008.  Four villagers were arrested on charges of the robbery of a mobile phone and wrongful damage to property.

CASE DETAILS:

In April 2008 Army Unit No. 31 began to build a development zone for handicapped veterans in Chey Sena village, Ta Ken commune, Chhouk district, Kampot province. It planned to evict villagers from their homes and lands for the purpose, which was resisted by the villagers. The Kampot provincial authorities then set up a sub-commission for land distribution for social purposes to undertake a redistribution of land in the area in order to obtain land for the veterans.

This sub-committee then decided to move over 400 families from a point called Anlong Krom to another point called Khbal Damrey to have land for the veterans in the same village. It also planned to reduce the landholding of over 700 families living in Khnal Damrey to have land for the relocation of Anlong Krom families. All the villagers of Anlong Krom and Khbal Damrey have protested against this grabbing of their land.

On 23 June 2008 at around 8am soldiers started to implement the scheme and planted land allotment sign posts on the Khbal Damrey villagers’ land, which the villagers soon pulled out. At 2pm nearly 30 villagers answered a summons to meet with officials at an office of the ruling Cambodian People’s Party at Khbal Damrey Krom to address the issue of land redistribution. They were not even heard when Sim Puthea, vice chairman of the sub-commission, came out and immediately challenged them to come forward if they wanted to protest. He then approached them and repeatedly beat a woman while urging over 100 soldiers and military officers armed with assault rifles and sticks to beat the rest of the villagers.

In their assault the soldiers injured some villagers about the head and the face. A woman named Nhek Chanthol, 28, who was at the scene, said “officials” beat her mother and two brothers with assault rifle butts and sticks, and kicked them about. All of them fell unconscious on the spot. A woman named Sok Heng suffered an open wound under her left eye that needed three stitches to close.

In the assault, the military police arrested four villagers: (1) Nhek Chantha, a woman, 52, (2) Vong Ma, 46, (3) Meou Sopheak, 19, and (4) Noeu Kak-kada, 18. Vong Ma had a wound at the back of his head and some bruises on his chest and arms. Noeu Kaka-kada had bruises on his chest and arms. These four villagers were charged with robbery of a mobile phone and willful damage to property. They are now in pre-trial detention in Kampot prison.

Witnesses said that some villagers were trying to grab the mobile phone of an official to prevent him from calling for reinforcement. The charge of willful damage to property was based on the removal by villagers of land allotment sign posts that army had planted on their land.

Following the arrests, and fearing they might arrest them as well, over 20 villagers fled their village. Army Unit No. 31 has blockaded Chey Sena village since the incident and prevented the channeling of humanitarian relief to people in that village who are said to be short of food due to eviction.

Since 1 July soldiers, armed with assault rifles, axes and knives, have dismantled the Anlong Krom villagers’ houses and pressurized them with threats and intimidation to move to Khbal Damrey. Those soldiers have also pressurized the Khbal Damrey villagers to accept the reduction of their land holdings, down from 50m x 300m to 30m x 100m per holding, to make room for the Anlong Krom villagers.

BACKGROUND INFORMATION:

In Cambodia, land grabbing characterized by disputes over land between the rich and powerful on the one hand and the poorer and weaker people on the other has been a very serious issue over recent years. It has affected the livelihood of hundreds of thousands of people when they have been evicted, in many cases by force, from their homes and lands to make land available for “development” or for the “beautification” of cities. It is estimated that over one hundred thousand face the risk of eviction for the same purposes. The total number of actual and potential victims of land grabbing is high when the total population of Cambodia is some 14 million inhabitants.

Victims of land grabbing have not been offered just compensation and have resisted their eviction. Brutal force, threats and intimidation, and arrests have been used to subdue such resistance and pressurize those victims to accept the grabbers’ terms (see for instance: AHRC-UAC-142-2008; AHRC-UAG-007-2008; AHRC-UAC-045-2008; AHRC-UAU-006-2008; AHRC-UAG-005-2008; AHRC-UAG-003-2008; UA-325-2007).

Under Cambodian criminal law, robbery is a felony punishable by imprisonment between 3 and 10 years and willful damage to property is a misdemeanor punishable by imprisonment between 1 to 3 years, or between 2 months and 1 year for minor damage or property of low value.  However, the dispute of the ownership of the land must have been adjudicated first before any criminal action can be taken for damage to property, that is, the removal of land boundary posts. Courts of law, which are under the influence of the rich and powerful, have simply ignored this law and perversely exercised their authority.

SUGGESTED ACTION
Please send your letters to the authorities listed below to urge them to release the four villagers from detention and stop the eviction by Army Unit no.31 of the villagers in Chey Sena village.

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

SAMPLE LETTER

Dear __________,

CAMBODIA: Army beats and arrest villagers in a land dispute in Kampot province

Names of victims: 
1. Nhek Chantha, a woman, 52, 
2. Vong Ma, 46, 
3. Meou Sopheak, 19, and 
4. Noeu Kak-kada, 18 
All living in Chey Sena village, Ta Ken commune, Chhouk district, Kampot province
Names of alleged perpetrators: 
1. Sim Puthea, sub-commission for land distribution, Kampot province; 
2. Unidentified soldiers of Army Unit no.31, Chey Sena village, Ta Ken commune, Chhouk district, Kampot province; 
3. Unidentified military police officers, Chey Sena village, Ta Ken commune, Chhouk district, Kampot province
Date of incident: April 2008
Place of incident: Chey Sena village, Ta Ken commune, Chhouk district, Kampot province, Cambodia

I am writing to express my deep concern regarding the assault of villagers and the arrest of four of them by a civilian official and soldiers in Chey Sena village, Ta Ken commune, Chhouk district, Kampot province, on 23 June 2008. The incident happened in an on-going protest by altogether over 1100 families in that village against the confiscation of their land by Army Unit no.31 for the construction of  a development zone for handicapped veterans.

In this development scheme, 400 families from one area are to move to another area where over 700 families are then to lose part of their land to make room for the newcomers. All the villagers in the two areas of the village are opposed to this confiscation.

In the morning of 23 June, soldiers of that unit planted signposts indicating the new allotment of land which those villagers soon pulled out. Following this incident, villagers were summoned to meet with officials to address the issue of the redistribution of their land. Nearly 30 of them went to the meeting, simply to meet with assault from a provincial official named Sim Puthea and over 100 soldiers and military police officers armed with assault rifles and sticks.

This assault caused injuries to the head, face and body of some villagers before they could escape. Three were knocked down unconscious. A woman named Sok Heng suffered an open wound under her left eye.

The military police arrested four villagers: (1) Nhek Chantha, a woman, 52, (2) Vong Ma, 46, (3) Meou Sopheak, 19, and (4) Noeu Kak-kada, 18. Vong Ma had a wound at the back of his head and some bruises on his chest and arms. Noeu Kaka-kada had bruises on his chest and arms. These four villagers were charged with robbery of a mobile phone and willful damage to property. They are now in pre-trial detention in Kampot prison.

Following those arrests, and fearing they might face them too, over 20 villagers have fled their village. Army Unit No.31 has since the incident blockaded Chey Sena village and prevented the channeling of humanitarian relief to people in that village who are said to be short of food due to eviction.  Since 1 July its soldiers, armed with assault rifles, axes and knives, have dismantled the houses and pressurized villagers with threats and intimidation accept the relocation and the reduced landholdings.

I feel there is little evidence to support the serious charges against the four villagers. According to witnesses, some villagers were trying to grab the mobile phone of an official to prevent him from calling for reinforcement. It is improbable that they had any intention to rob that official of his phone, least of all when there were so many soldiers around.

As to the charge of willful damage to property, it was based on villagers’ removal of land allotment sign posts that soldiers had planted on their land. It is unconceivable there could be such a charge when those sign posts were planted on their property.

As has happened before in similar land disputes, the arrest of the four villagers was meant to subdue the resistance to the confiscation of land by Army Unit no.31 and force them to accept its terms.

I therefore urge you to immediately release Nhek Chantha, Vong Ma, Meou Sopheak and Noeu Kak-kada from detention as there is little ground for the charges against them. You should also investigate the assault of the villagers by Sim Puthea, soldiers and military officers on 23 June 2008.

Finally, I urge you to immediately stop the forced eviction of the villagers in Chey Sena village and order Army Unit No. 31 to lift its blockade of that village.

I trust that will you positively consider my requests above.

Yours sincerely,

———————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
Phnom Penh
CAMBODIA
Fax: +855 23 36 0666
Tel: +855 2321 9898
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

3. Mr. Tea Banh
Deputy Prime Minister
Minister of National Defence
Russian Federation Street
Phnom Penh
CAMBODIA
Tel: +855-23 883184 / 428171
Fax: +855-23 883184
E-mail: info@mond.gov.kh

4. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: +855 23 36 4119 / 21 6622
E-mail: moj@cambodia.gov.kh

5. Mr. Im Chhun Lim
Ministry of Land Management, Urban Planning & Construction
No 771-773, Monivong Blvd., 
Phnom Penh
CAMBODIA
Tel: +855-23 215660 / 215659 / 215278 / 217035
Fax: +855-23 217035 / 215277
E-mail: gdlmup-mlmupc@camnet.com.kh or gdadmin-mlmupc@camnet.com.kh 

6. Mr. Chan Sarun
Minister of Agriculture Forestry and Fisheries 
#200 Norodom Blvd. 
Sangkat Tonle Basak
Khan Chamkarmorn 
Phnom Penh
CAMBODIA
Fax: +855-23 217320
Tel: +855-23 211351 / 211352
E-mail: maff@everyday.com.kh

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

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

9. General Sao Sokha
Commander 
Military Police
Mao Tse Tung Blvd
Khan Tuol Kok
Phnom Penh
CAMBODIA
Tel: +855 12 36 3636

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-148-2008
Countries : Cambodia,
Issues : Inhuman & degrading treatment, Land rights, Police negligence, Torture,