Dear friends,
The Asian Human Rights Commission (AHRC) has received further information that two women were severely beaten up by thugs hired by the 7NG company but the police have not started an investigation into their injuries which happened on 16 December 2007 in Dey Krahorm zone, Tonle Bassac commune, Phnom Penh. While two women tried to stop the thugs from building fences around their residence, one received a head injury and the other’s foot was struck with a hammer.
CASE DETAIL: (Based on the information from Cambodian League for the Promotion and Defense of Human Rights-LICADHO)
According to the information received, on 16 December 2007, 7NG company sent around 30 workers to Dey Krahorm area to build corrugated plates surround the disputed area. The company has also fenced off the houses that belong to the residents and it has cut off their entrance roads. While the workers were building the fences, an argument broke out between the workers and the residents with regards to the workers’ operation. Due to this argument, both side started cursing each other.
When A Si Yas (40), a female resident of Dey Krahorm zone tried to stop two parties from cursing, the workers started assaulting her which caused injuries to her forehead and back of her head.
Another female resident, Muy Teng (35) tried to stop them from building fences and corrugated plate but the workers struck her on the foot with a large hammer that they were using nearly breaking the bones.
Two injured women immediately received medical treatment with the help of the LICADHO but they are afraid that the company might sue them for resisting the workers.
However to date, no investigation has been taken into this assault and no attempt to settle this dispute land has been reported. In the meantime, residents who had prevented from doing operation by the company have been sued.
Since the dispute over the land occurred in August 2007 (See further: UA-271-2007), 7NG company had sued 10 representatives of Dey Krahorm community and those representatives are under the investigation by the Phnom Penh authority. They are Phoung Ratha, Ly You Leng, Eung Pao You, Khun Sarouen, Treang Surith, Cheng Navy, Kong Srey Oun, Seng Yot, Keng Leng and Ros Pov. All were accused of destructing the property of the company and the authority.
Ros Pov is still in jail and others are under observation by municipality court. The court also ordered them to show themselves at the court every week to make sure that they have not absconded.
The AHRC has previously reported that four females were beaten by armed military police and civilian police in Dey Krahorm area on 29 August 2007. The group was allegedly hired by a company and attempted to demolish the residence. (See further: UA-271-2007) It has reported that neither the investigation nor study the allegation of the nexus between the company and the police mobilised at that time.
Regarding the Dey Krahorm community and relevant laws, please see our earlier appeal: UA-271-2007.
BACKGROUND COMMENTS:
The AHRC has continued reporting several cases of alleged forced eviction or illegal land grabbing either by the authorities or by companies in collaboration with authorities. (See further: UP-146-2007) However no single report has been made that investigation has started.
At the same time, this case illustrates that even though the residents have fought for their rights to land and housing, only legal action has been taken against the representatives from the community or residents by the company or the authorities.
It is also reported that the representatives and residents tried to lodge a complaint to the police station or file a case before the court, those institutions keep rejecting receiving a complaint or case. Two female women are currently under the fear of being sued.
Likewise, the residents have nowhere to seek redress in the country and they would get involved in legal action if they stand up to solve their problem by themselves.
SUGESTED ACTION:
Please write to the relevant authorities below and urge them to investigate this attack of two women without delay and urge them to provide compensation to the rest of residents. Please also urge the municipal court to drop charge on Ros Pov and the nine representatives of the Dey Krahorm community.
The AHRC writes a separate letter to the UN Special Rapporteur on adequate housing and Special Representative of the Secretary-General for human rights in Cambodia calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear__________,
CAMBODIA: No investigation into injuries of two women; ten villagers sued and one still detained
Name of victims injured by the thugs:
1. Ms. A Si Yas, (40)
2. Ms. Muy Teng, (35)
Name of villagers sued:
1. Houng Ratha
2. You Leng
3. Eung Pao You
4. Khun Sarouen
5. Treang Surith
6. Cheng Navy
7. Kong Srey Oun
8. Seng Yot
9. Keng Leng (The nine are being observed by the Phnom Penh municipality court)
10. Ros Pov (being detained in jail)
[All are residents of Dey Krahorm community, Tonle Basac commune, Chom Kamon district, Phnom Penh city]
Date of incident: 16 December 2007
Place of incident: Dey Krahorm community, Tonle Basac commune, Cham Kamon district, Phnom Penh city
I am writing to you to express my grave concern over the injuries of two women by the thugs hired by 7NG company and no investigation into this matter by the police on 16 December 2007 in Dey Krahorm community, Tonle Basac commune, Cham Kamon district, Phnom Penh city.
According to the information received, on 16 December 2007, 7NG company sent around 30 workers to Dey Krahorm area to build corrugated plates surround the disputed area. The company has also fenced off the houses that belong to the residents and it has cut off their entrance roads. While the workers were building the fences, verbal argument had aroused between the workers and the residents with regards to the workers’ operation. Due to this argument, both side started cursing each other.
I have been informed that when A Si Yas (40), female resident of Dey Krahorm zone tried to stop two parties from cursing, the workers started assaulting her which caused injuries on her forehead and back of her head. Another female resident, Muy Teng (35) tried to stop them from building fences and corrugated plate but the workers smacked her on her foot with a big hammer that they were using so that her foot was almost broken.
However to date, no investigation has been taken into this assault and no attempt to settle this dispute land has been reported. In the meantime, residents who had prevented from doing operation by the company are reported to be sued. They are Phoung Ratha, Ly You Leng, Eung Pao You, Khun Sarouen, Treang Surith, Cheng Navy, Kong Srey Oun, Seng Yot, Keng Leng and Ros Pov. They were accused of destructing the property of the company and the authority. Ros Pov is still in jail and others are under observation by municipality court. The court also ordered them to show themselves at the court every week to make sure that they are not escaped.
I therefore urge you to investigate the injuries of two women without delay. As the matter is serious, I urge you to offer good office to both concerned parties in order to solve the disputed land. The two injured women must get proper medical treatment and compensation. I also urge that the families living in the commune also be provided adequate house and compensation for all cost of land and relocation.
I take this opportunity to draw your attention to the fact that ten representatives of the commune were accused of destructing property of the company and authority. As a result of it, nine of them are under observation and Ros Pov is still in jail. I am of the opinion that they have no choice but to protecting their land and houses from the attempt to demolish by the thugs of the company and the police. In light of above, I urge you to drop charges against the representatives and release Ros Pov without delay. I further urge you to investigate the allegation of the nexus between the company and the police mobilised on 29 August 2007.
I trust that you will take immediate actions in this matter.
Yours sincerely,
_____________________
PLEASE SEND YOUR LETTER TO:
1. Mr. Samdech Hun Sen
Prime Minister
Office of the Council of Ministers
Phnom Penh
CAMBODIA
Fax: + 855 23 426 054
2. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855 23 364119
E-mail: moj@cambodia.gov.kh
3. Kep Chut Tema
Phnom Penh municipality governor
Municipality of Phnom Penh
N° 69, Preah Monivong
12201 Phnom Penh, Cambodia
Fax: 855-23 211 081
Tel: 855-23 722 054
E-mail: phnompenh@phnompenh.gov.kh
4. Mr. Sok An
Deputy Prime Minister
President of the National Land Dispute Authority
# 41, Str Confederation de la Russie
Fax: +855 23 881 045
Tel: +855 12 970 608
5. 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
Fax: +855 23 211 336
Tel: +855 12 73 1111
E-mail: srphq@online.com.kh
6. Mr. Douglas Gardner
UNDP Resident Representative in Cambodia
53, Pasteur Street
Boeung Keng Kang
P.O. Box 877
Phnom Penh
CAMBODIA
Fax: + 855 23 216 257
E-mail: douglas.gardner@undp.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
