Dear Friends,
As we are closely monitoring the case of the forced eviction of residents of the Dey Kraham community, the Asian Human Rights Commission (AHRC) has obtained information that nine residents have been summoned to appear in the Municipal Court of Phnom Penh following the lawsuits filed by 7NG company and others. These lawsuits are related to the forcible eviction of this community that the authorities have been trying to execute for several years in favour of this company.
UPDATE INFORMATION:
A resident name Chan Vicheth, 30, has been served with two separate summonses. Under one summons he is charged with battery and damage to property and under the other, with forgery and defamation. Six other residents have been served with summons and are charged with forgery and defamation. They are Daing Sarom, 46, Tuin Sinath, 45, Thy rin, 47, Vuth Heng, 46, Meth Samen and Heng Lay. Meth Samen and Heng Lay. These six together with Chan Vicheth must appear in court on 30 October 2008 for investigation by the investigating judge.
The lawsuit for forgery and defamation was filed by 7 NG company and the former community leader who, way back in March 2005, had reached a deal with it to transfer the land to it in exchange for the compensation offered. Over 900 families staged a public protest against him for betraying their interests and thumb printed during that protest a petition to the Municipality of Phnom Penh renouncing and denouncing their community leader. Those eight persons were held responsible for this petition which, the community leader has alleged, contains false names and damage his reputation.
Two more residents have been served with summons and are charged with battery and damage to property. They are Ms Ly Youleng, 62, and Khieu Bunthoeun, 37. These two persons and Chan Vicheth must appear in court for trial on 5 November 2008.
This lawsuit for battery and damage to property was filed after a public protest by residents in December 2007 against the arrival of an excavator that was perceived to have been sent to demolish their homes as had been happening in other forcible evictions. The excavator was pelted with small pieces of rock and had its windscreens shattered as a result. Its driver was also alleged to have suffered some injury.
ADDITIONAL INFORMRATION:
Over several years now violence, blockades and lawsuits have been used in successive attempts to evict hundreds of families living in this Dey Kraham community in favour of 7NG Company (see AHRC-UAU-006-2008, AHRC-UAU-002-2008, UA-271-2007). This community has been living in fear of eviction all the time (see AHRC-UAU-052-2008).
Now these nine persons fear they will be arrested and jailed when they appear in court when, as Amnesty International has recently observed, “rich and powerful individuals and groups involved in land disputes in Cambodia are increasingly using their power to silence opponents through the criminal justice system.”
The summonses are seen as yet another sign that soon the authorities will execute their eviction without just compensation they have been asking for.
SUGGESTED ACTION:
Please write your letters to the authorities listed below to request them drop all the charges against those nine persons as they have no basis at all and are being used to subdue the Dey Kraham community’s resistance to their eviction without just compensation.
Please be informed that the AHRC has written separate letters to the UN Special Rapporteur on adequate housing, Special Representative of the Secretary-General of human rights in Cambodia and OHCHR in Cambodia calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
CAMBODIA: Please drop charges against nine residents of Dey Kraham community who have asked for compensation
Residents summoned: Chan Vichet, 30, Daing Sarom, 46, Tuin Sinath, 45, Thy rin, 47, Vuth Heng, 46, Meth Samen, Heng Lay, Ms Ly Youleng, 62, and Khieu Bunthoeun, 37, Dey Kraham community, Tonle Bassac commune, Chamcar Mon district, Phnom Penh
Court issuing summons: The Municipal Court of Phnom Penh, Phnom Penh
I am writing to express my deep concern relating to the two summonses instructing nine residents of the Dey Kraham community in Commune commune, Chamcar Mon district, Phnom Penh to appear in court soon.
A resident name Chan Vicheth, 30, has been served with two separate summonses. Under one summon he is charged with battery and damage to property; under the other, with forgery and defamation. Six other residents have been served with one summons and are charged with forgery and defamation. They are Daing Sarom, 46, Tuin Sinath, 45, Thy rin, 47, Vuth Heng, 46, Meth Samen and Heng Lay. Meth Samen and Heng Lay. These six together with Chan Vicheth must appear in court on 30 October 2008 for investigation by the investigating judge.
The lawsuit for forgery and defamation was filed by 7 NG company and the former community leader who, way back in March 2005, had reached a deal with it to transfer the whole land to it in exchange for the compensation offered. Over 900 families staged a public protest against him for betraying their interests and thumbprinted during that protest a petition to the Municipality of Phnom Penh renouncing and denouncing their community leader. Those eight persons were held responsible for this petition which, the community leader has alleged, contains false names and damages his reputation.
Two more residents have been served with one summon and are charged with battery and damage to property. They are Ms Ly Youleng, 62, and Khieu Bunthoeun, 37. These two persons and Chan Vicheth must appear in court for trial on 5 November 2008.
This lawsuit for battery and damage to property was filed after a public protest by residents in December 2007 against the arrival of an excavator that was perceived to have been sent to demolish their homes as had been happening in other forcible evictions. The excavator was pelted with small pieces of rock and had its windscreens shattered as a result. Its driver was also alleged to suffer some injury.
Over several years now violence, blockades and lawsuits have been used in successive attempts to evict hundreds of families living in this Dey Kraham community in favour of 7NG Company. This community has been living in constant fear knowing that it could be forcibly evicted at any time.
Now these nine persons fear they will be arrested and jailed. They and their fellow residents also feel their final forcible eviction is imminent and they dread it.
I can fully understand their fears when the Cambodian criminal justice is becoming a tool for rich and powerful individuals and groups involved in land disputes to use to silence those who are resisting their land grabbing and to evict without just compensation. I am even more convinced of the very motive of the company and the authorities behind the charges against the nine residents above when there is little evidence of them committing the offences as charged. These people and their fellow residents had been provoked by 7NG Company and the authorities in the first place.
Therefore I request you to immediately drop the charges against those nine residents, end the lawsuits, abandon all forcible eviction, stop creating fears and give all residents just compensation they have been asking for.
I trust you will positively consider my request above.
Yours sincerely,
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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
Minister of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: +855 23 36 4119 / 21 6622
E-mail: moj@cambodia.gov.kh
5. 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
6. 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
7. General Sao Sokha
Commander
Military Police
Mao Tse Tung Blvd
Khan Tuol Kok
Phnom Penh
CAMBODIA
Tel: +855 12 36 3636
8. Mr. Kep Chuk Tema
Governor of Phnom Penh
Nº. 69, Preah Monivong
12201 Phnom Penh,
Cambodia
Tel: +855 23 430 214
Tel/Fax: +855 23 42 68 66; +855 23 72 20 54; +855 23 72 41 26; +855 23 72 41 26; +855 23 72 41 56; +855 3 21 10 81
E-mail: phnompenh@phnompenh.gov.kh
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
