CAMBODIA: Four women beaten by armed police during demolition attempt

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) 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. Although they failed due to family’s resistance, the condition of the ladies is getting worse.

CASE DETIALS: (based on the information from LICADHO)

According to the information received, on 29 August 2007, a group of 100 people comprising of police, military police with pistols in uniform from Cham Kamon police district and some personnel with sticks, hammers and axes allegedly hired by 7NG company went to the Dey Krahorm community to demolish houses, huts and tents in the area without bearing a court order. At about 400 families of the community protested and kept resisting against their attempts to enter the community for demolition.

Without warning a clash occurred between the families and the group and they started beating the families who prevented the group from entering. Due to this conflict, four women were injured. They are Long Sokhom (40), Ros Pov (46), Kim Leng (42) and Long Nirdey (27). One of them is already sick with HIV and due to this assault, her condition is getting worse. It is also reported that Long Srey Leak (38) was handcuffed during this conflict.

The Prime Minister Hun Sen approved the right of those families to continue living peacefully within their local development on 4 July 2003. However this attempt to demolish their residence without a court order breaks the law enshrined in article 30, 253 and 254 of the Cambodian Land 2001.

The AHRC is deeply concerned by the nexus between the police and military police as government agencies and the 7NG company. This case shows how easily the government agencies can be mobilised by a company. The Government should investigate this nexus and break the link by punishing them according to the law. The four injured females should receive proper medical treatment and compensation. It should be of paramount concern that the HIV positive lady should get treated without delay.

BACKGROUND INFORMATION:

On 8 July 2003, a secretary of state of the Cabinet Ministers Mr. Chom Manith issued a notice bearing number 875 to request the social land concession for the developed settlement of the poor community in Phnom Penh. The notice based on a notice bearing number 1900 which was issued on 26 June 2003 by Phnom Penh municipality governor for the same purpose. The notice also based on Prime Minister Hun Sen’s signature who had signed to approve over the Phnom Penh municipality governor’s notice for social land concession for the  developed settlement of the poor community in Phnom Penh on 4 July 2003.

Dey Krahorm community is based on Tonle Basac commune, Chom Kamon district, Phnom Penh city. Dey Krahorm community is 4.07 hectares of land within 1220 houses for 1465 families and 5854 people. Through the social land concession, the government has only provided 3.07 hectares of land for permanent residents and development in 2003.

Many of Dey Krahorm community people are very poor. Most of them live in small huts and some live in concrete houses. In 2003, a private company named 7NG had negotiated with the community leader in order to exchange the location with the Dey Krahorm community people. The 7NG company would provide a concrete flat 4mx10m for each family in Domnak Trayeung, Choam Chao commune, Dang Koar district, out skirt of Phnom Penh city. With the 7NG company’s relocation policy, hundreds of poor families agreed to relocate to live in a new area in Domnak Trayeung, Choam Chao commune, Dang Koar district, out skirt of Phnom Penh city where the 7NG has provided.

Among the 1465 of the Dey Krahorm families, 1065 agreed to move the location with the 7NG company and 400 families still remain living in Dey Krahorm community. Among the 400 families, there are 200 families who are living in tenantry conditions from the Dey Krahorm community people.

ADDITIONAL INFORMATION:

Article 30 of the Cambodian Land 2001 stipulates that any person who, for 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. In case the granting of a definitive title to ownership is subject to an opposition, the claimant has to prove that he himself fulfills the conditions of peaceful, uncontested possession for no less than five years over the contested immovable property or to prove that he purchased the immovable property from the original possessor or his legal beneficiary or from the person to whom the ownership was transferred, or from their successors.

Under the article 253 of the same law stipulated that any person who uses 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 1,500,000 Riel to 25,000,000 Riel and/or imprisoned from six (6) months to two (2) years irrespective of the penalty for 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.

Article 254 of the same law stipulate that under no circumstances shall the use of private force be authorized in order to protect a person’s title to property or to enforce a court order for the expulsion or forced removal of an occupant. Any person who uses private force for the above purposes shall be fined from three million (3,000,000) Riel to twenty five million (25,000,000) Riel and/or imprisoned from six (6) months to two (2) years.

Article 41 of the Cambodia Criminal Law stated that anyone who voluntarily strikes another resulting in injury leading to permanent disability or temporary disability lasting more than six months, is guilty of battery and shall be liable to a punishment of one to five years in prison. The same article of the same law also stated that if the disability lasts less than six months, the offense shall be punished by a term of imprisonment of six months to two years. If there is no disability, the punishment shall be a term of imprisonment of two months to one year. If any weapon is used to strike the blows, the period of imprisonment shall be doubled.

SUGESTED ACTION: 
Please write to the authorities below and urge them to intervention into this case. Please also urge them to thoroughly investigate the nexus between the government agencies and the company and to give proper medical treatment for the injured.

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