[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Cambodian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Cambodian authorities are attached below with this appeal. Thank you.]
Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information concerning an alleged land grabbing case at Poh Toch village, Kompong Luong commune, Ponhea district, Kandal province, Phnom Penh (See further: UA-002-2007). The AHRC has learned that Chum Vanny who was summoned to court for fraud, while his land was being grabbed, has appeared in front of the prosecution but he has not been charged since. Apparently, there is no case against him. The AHRC has also learned that on January 26, Tep Sothy who is the governor of Ponhea Leu district went to Chum Vanny’gs land to investigate this particular land grabbing case. The AHRC has further learned, that Ms Suy Sophan, who is the owner of PHANEMEX company and is responsible for allegedly grabbing Chum Vanny’s land, has not appeared in court as summoned in other land grabbing cases because of her good political connections. In one case in which Ms. Sophan was summoned, she had a provincial police commissioner appear in front of the prosecutor on her behalf.
BACKGROUND INFORMATION:
On the morning of 21 December 2006, ten police officers, four of whom were armed with assault rifles and the rest with electric batons, together with about ten staff and workers and led by three men employed by the land development company PHANEMEX. The group proceeded to assault Chum Vanny, 53, his wife, Noy Chamroeun, 51, and their two sons, when they protested against the company’s grabbing of their land in Poh Toch village, Kompong Luong commune, Ponhea Leu district, Kandal province, along Highway 5 from Phnom Penh. In the assault, the perpetrators repeatedly chocked and beat Chum Thanith, 26, one of the sons with electric batons. Chum Thanith became unconscious and suffered open wounds at the top of his head, needing extended hospitalization. The company has since occupied the land and started work on it (UA-002-2007).
On December 26, Chum Vanny was served a summons to appear before deputy-prosecutor Chreung Khmao for questioning on the charge of fraud as the company had accused him of having sold land to it and then having no land to give in return for the payment.
The AHRC has further learned that elite and powerful people are allegedly colluding with the local government authorities. Criminal charges are filed against those who have protested against land grabbing in order to subdue or silence them. Considering the chain of events surrounding this particular land dispute, the charge of fraud against Chum Vanny most likely has been laid to silence him and end his protest against the seizure of his land. If he had really sold the contested land to the company and had prevented the company to possess it, the company could and should have requested that the court issue an eviction order. This would then allow for the competent authorities to execute this order to possess the land.
The AHRC urges the Kandal province prosecutors to drop the alleged fraud charge against Chum Vanny and order PHANEMEX to return the land to its owners, abide by due process of the law and prove its ownership of the land that Chum Vanny and Noy Chamroeun had requested from the company in the first place. Should it fail to prove its ownership, its owner, Ms. Suy Sophan, and her responsible employees should be prosecuted for infringement upon privately owned land as stipulated in articles 248, 249, 250, 251, 253 and 254 of the Land Law 2001 of Cambodia. The same prosecution should order an investigation into Nou Seila’s assault and battery on Noy Chamroeun on December 3, and the assault and battery on Chum Thanith by the men employed by the company on December 21, 2006. All those responsible for the offences should be brought to justice.
SUGGESTED ACTION:
Chum Vanny continues to need your help and support. Please keep up your pressure on the Cambodian government and courts to intervene in ordering PHANEMEX to return the land it has grabbed to its lawful owner, Chum Vanny and to bring Ms Suy Sophan and her collaborators to court for the assault and injuries to Chum Thanith. Cambodia is, according to its constitution, a liberal democracy governed by the rule of law. Suy Sophan and her collaborators, and, for this matter, any person living in Cambodia, must not be allowed to be above the law.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear_________,
CAMBODIA: Development company allegedly frames and assaults villagers to seize property
Name of the victim:
1. Chum Vanny (53), farmer, Poh Toch village, Kompong Luang district, Ponhea Loeu district, Kandal province, Cambodia, charged with a fraud contract
2. Noy Chamroeun (51), wife of Chum Vanny
3. Chum Thanith (26), one of sons of Chum Vanny, severely injured by police attack
4. the other son of Chun Vanny
Alleged perpetrators:
1. 3 representatives from PHANEMEX Company named, Nou Seila, Thun, Hay
2. 10 armed police officers
3. 10 villagers led by the PHANEMEX Company
Place of the incident: Chum Vanny’s rice farm at Poh Toch village, Kompong Luang district, Ponhea Loeu district, Kandal province
Date of the incident: From 3 to 21 December 2006
I am writing to voice my continued support for the above mentioned villagers who had their land unlawfully seized by the PHANEMEX Company.
It is shocking that when Chum Vanny was summoned to court for fraud and appeared in front of the prosecution, his land was being seized by the alleged perpetrators. It now appears that there is in fact no case against him. This is highly disturbing since it clearly leads me to believe that he was only summoned to court so that the perpetrators could stop his protest in order to move in and seize his property.
I have also learned that on 26 January 2007, Tep Sothy who is the governor of Ponhea Leu district went to Chum Vanny’s land to investigate this particular land grabbing case. Hopefully this will result in some positive outcome. Nonetheless, the company responsible is still laying claim to the property and their director seems to have guaranteed her own security through backdoor deals with the local officials.
I know that Ms Suy Sophan who is the owner of PHANEMEX company and is responsible for grabbing Chum Vanny’s land, has not appeared in court as summoned in other land grabbing cases allegedly because of her good political connections. I even learned that in one case in which Ms. Sophan was summoned, she had a provincial police commissioner appear in front of the prosecutor on her behalf.
Please let me remind you of the case at hand. On 21 December 2006, ten police officers, four of whom were armed with assault rifles and the rest with electric batons, together with about ten staff and workers and led by three men employed by the land development company PHANEMEX. The group proceeded to assault Chum Vanny, 53, his wife, Noy Chamroeun, 51, and their two sons, when they protested against that company’s grabbing of their land in Poh Toch village, Kompong Luong commune, Ponhea Leu district, Kandal province, along Highway 5 from Phnom Penh. In the assault, the perpetrators repeatedly chocked and beat Chum Thanith, 26, one of the sons with electric batons. Chum Thanith became unconscious and suffered open wounds at the top of his head, needing extended hospitalization. The company has since occupied the land and started work on it.
Then on December 26, Chum Vanny was served a summons to appear before deputy-prosecutor Chreung Khmao for questioning on the charge of fraud as the company had accused him of having sold land to it and then having no land to give in return for the payment.
It has come to my attention that elite and powerful people are allegedly colluding with the local government authorities. Criminal charges are being filed against those who have protested against land grabbing in order to subdue or silence them. Considering the chain of events surrounding this particular land dispute, the charge of fraud against Chum Vanny most likely has been laid to silence him and end his protest against the seizure of his land. If he had really sold the contested land to the company and had prevented the company to possess it, the company could and should have requested that the court issue an eviction order. This would then allow for the competent authorities to execute this order to possess the land.
I therefore urge you to ensure that the Kandal province prosecutors takes action to drop the fraud charge against Chum Vanny and order PHANEMEX to return the land to its owners, abide by due process of the law and prove its ownership of the land that Chum Vanny and Noy Chamroeun had requested from the company in the first place. Should it fail to prove its ownership, its owner, Ms. Suy Sophan, and her responsible employees should be prosecuted for infringement upon privately owned land as stipulated in articles 248, 249, 250, 251, 253 and 254 of the land law of 2001. The same prosecution should order an investigation into Nou Seila’s assault and battery on Noy Chamroeun on December 3, and the assault and battery on Chum Thanith by the men employed by the company on December 21, 2006. All those responsible for the offences should be brought to justice.
Yours sincerely,
——————–
PLEASE SEND YOUR LETTER TO:
1. 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
2. Mr. Samdech Chea Sim
Senate president
Chamcar Mon State Palace
Pheah Norodom Blvd
Phnom Penh
CAMBODIA
Tel: +855-23-21 1441-3
Fax: +855-23-21 1446
Email: info@senate.gov.kh
3. Mr. Samdech Heng Samrin
President of National Assembly
Sothearos Street
Phnom Penh
CAMBODIA
Tel: +855-23-21 41 36/21 77 68
Fax: +855-23-21 7769
4. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855-23-36 41 19/21 66 22
5. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
CAMBODIA
Tel/Fax: +855-23-21 65 85/22 09 52
6. Mr. Sok An
Deputy Prime Minister
President of the National Land Dispute Authority
# 41, Str Confederation de la Russie
Tel: +855 12 970 608
Fax: +855 23 881 045
E-mail: info@pressocm.gov.kh
7. 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
8. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights – Cambodia
N 10, Street 302
Sangkat Boeng Keng Kang I
Khan Chamcar Mon
Phnom Penh
CAMBODIA
Tel: +855-23-987 671 / 987 672, 993 590 / 993 591 or +855 23 216 342
Fax: +855-23-212 579, 213 587
9. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Ms. 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)
10. 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)
