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CAMBODIA: Two were shot and one beaten up seriously by local authority over the land grabbing

December 8, 2006

[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.]

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

8 December 2006
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UA-394-2006: CAMBODIA: Two were shot and one beaten up seriously by local authority over the land grabbing

CAMBODIA: abuse of power, collapse rule of law, corruption
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Dear friends,

The Asian Human Rights Commission is deeply concerned by an alleged shooting incident against the protesters calling for their land rights by Prey Vang province authorities on 5 December 2006. One hundred villagers were protesting against the unlawful taking over of the 13-hectares of land in Koh Sampov commune, Peam Chor district at that time. It is reported that at least two villagers received bullet wound and anther person was severely beaten by the police. Local government officers including the district governor is alleged to be responsible for this shooting incident.

CASE DETAILS:

On 5 December 2006, the police forces were allegedly led by Dy Sam Ol, the deputy district governor of Peam Chor, a police officer named Sem Sokhom and Hem Yorn, a Koh Sampov commune council member.  Armed with an AK-47 and a Revolver, they fired bullets into the crowd of villagers in Toul Mekeung village, Koh Sampov commune, Peam Chor district, Prey Veng province. The villagers were trying to protect their 13 hectares of land from being taken by the district authorities, who it was believed, wanted to seize the land in order to rent it to the Vietnamese people. In the clash between the villagers and the authorities, three people were seriously injured.  A 35 year-old man named Bay Sophal, was shot in his left armpit.  A 24 year-old-man named Net Tren took a shot to his right eye brow and a woman named Dol Sderng was beaten with a wooden stick causing injury to her left leg.

The 13 hectares of land is located near the Cambodian and Vietnamese border.  About one hundred families have cultivated rice and some other forms of strategic plantation in the land since 1994. Recently, the value of land in that area has increased due to a sharp growth in the casino and garment industries. This area is ideal for such an enterprise as it is close to the border and therefore, it does not get very many people living there. Consequently, interest in the property industry has increased, with land becoming a more valuable commodity.  It has become extremely profitable to build housing and rent it to those conducting business in the area and as land value increases, the number of cases concerning the forceful taking of land, often involving high ranking government officers and authorities, also increase.

In a previous incident on 26 November 2006, two villagers were shot by Hun Sovan (known as Som Chea), the deputy police inspector chief of Peam Chor district in Prey Vang province with related to a land dispute. A 33-year-old victim named Chou Saran was shot and took blows to his stomach.  He was immediately sent to Vietnam, for specialized medical treatment, unavailable through Cambodian medical practitioners. Another 39-year-old victim named Nhem Theoung was shot and beaten, causing damage to his right arm. Hun Sovan fled immediately after the incident and is still at large.

The AHRC condemns Dy Sam Ol, the deputy district governor Peam Chor; a policeman named Sem Sokhom and Hem Yorn a Koh Sampov commune council member; for allegedly abusing their power to evict people using brutal force and acts of inhumanity. We also strongly condemn a Peam Chor district deputy police inspector chief, Prey Vang of the province Hun Sovan, who seriously wounded two villagers in a shooting in late November. It is an embarrassment to Cambodia, that police officers committed such brutal crimes without any hesitate, while wearing police uniforms.  

This type of forced eviction is a violation of the Land Law of 2001 and also contradicts Prime Minister Hun Sen's claim that there is no violent force used in evicting people over land disputes. This is not the first time that the police and the authority in Prey Vang province have abused villagers in such a way.

The AHRC urges the Cambodian government to conduct immediate independent inquiries into these crimes relating to the alleged land disputes and bring those responsible to justice. We urge the government to ensure financial compensation to the victims mentioned above. We also urge the Cambodian government to take a strong measure with gun control and ensure that violent eviction never happens again.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to immediately launch an inquiry into the alleged crimes committed by Prey Vang police officers and the local authorities. Please also urge them to take all measures to bring the authorities to justice.

To support this appeal please click:

Sample letter:

Dear ________,

CAMBODIA Two were shot and one beaten up seriously by local authority over the land grabbing

CASE 1
Name of victims:
1. Mr. Bay Sophal, aged 35, shot to his left armpit
2. Mr. Net Tren, aged 24, shot to his right eye bow
3. Ms. Dol Sderng, beaten up to her left leg with a wood stick
Alleged Perpetrators:
1. Dy Sam Ol, deputy district governor of Peam Chor
2. Sem Sokhom, a policeman
3. Hem Yorn, the council member of Koh Sampov commune
Date of shooting incident: 5 December 2006
Place of shooting incident: Toul Mekeung village, Koh Sampov commune, Peam Chor district, Prey Veng province, Cambodia

CASE 2:
Name of victims:
1. Chou Saran, aged 33, shot and took blows to his stomach
2. Nhem Theoung, aged 39, shot and beaten, causing damage to his right arm
Alleged perpetrator: Hun Sovan (known as Som Chea), the deputy police inspector chief of Peam Chor district in Prey Vang province
Date of shooting incident: 26 November 2006
Place of incident: Peam Chor district in Prey Vang province

I am writing to bring to your urgent attention the alleged shooting incident against the villagers calling for their land rights by Prey Vang province authorities on 5 December 2006. During that time, one hundred villagers were reportedly protesting against the unlawful taking over of the 13-hectares of land in Koh Sampov commune, Peam Chor district at that time. The land is located near the Cambodian and Vietnamese border and the district administration allegedly has a plan to seize the land in order to rent it to the Vietnamese people.

I was informed that the police forces were allegedly led by Dy Sam Ol, the deputy district governor of Peam Chor, a police officer named Sem Sokhom and Hem Yorn, a Koh Sampov commune council member.  Armed with an AK-47 and a Revolver, the police fired bullets into the crowd of villagers in Toul Mekeung village, Koh Sampov commune. As a result, two villagers mentioned above received bullet wound and the third person mentioned above was severely injured due to the police assault.

In another incident on 26 November 2006, two villagers mentioned above were shot by Hun Sovan (known as Som Chea), the deputy police inspector chief of Peam Chor district in Prey Vang province with related to a land dispute. Hun Sovan fled immediately after the incident and is still at large.

It is so annoyed to know that police officers committed such brutal crimes without any hesitate, while wearing police uniforms.  

Forced eviction is a violation of the Land Law of 2001. Furthermore, such brutal violence committed by the state officers against affected villagers is exactly contradicts Prime Minister Hun Sen's claim that no violent force has been used in the eviction process over land disputes. I am also concerned that they are not isolated cases that police and the authority in Prey Vang province have abused villagers in such a way.

I therefore urge you to ensure that an independent and through inquiry should be conducted into the two incidents. I particularly urge you to identify police officers who opened fire at the Toul Mekeung villagers and a commander(s) who ordered the shooting, and then bring those responsible to justice as soon as possible. I also urge you to take disciplinary or/and legal actions against Dy Sam Ol, the deputy district governor Peam Chor; a policeman named Sem Sokhom and Hem Yorn a Koh Sampov commune council member; for allegedly abusing their power to evict villagers using brutal force. A proper inquiry should be conducted into the alleged corruption of the Peam Chor district government authorities over the 13-hectares of land.

I also urge you to take urgent measures to arrest and prosecute Hun Sovan, who is responsible for firing at two villagers on 26 November 2006. I further urge you to ensure that adequate compensation is given to the victims mentioned above. Lastly, I urge the Government of Cambodia to strictly enforce the Land Law 2001, inquire about all the alleged corruption involved in government officers over the land disputes and prevent forced eviction in the future. These will be the first but important step for the Government to protect land rights of its own citizens and establish the rule of law in the country. 

I look forward to seeing your urgent intervention.

Sincerely yours,


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PLEASE SEND YOUR LETTER TO:

1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
PhnomPenh
CAMBODIA
Tel: +855 23 21 98 98
Fax: +855 23 36 06 66
E-mail: cabinet1b@camnet.com.kh 

2. Mr. Sar Kheng
Deputy Prime Minister and Minister of Interior
275 Norodom Blvd.
Phnom Penh,
CAMBODIA
Tel/fax: +855 23 72 19 05/72 6052/72 11 90
E-Mail: info@interior.gov.kh or moi@interior.gov.kh 

3. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh,
CAMBODIA
Fax: + 855 23 36 4119/21 66 22

4. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60

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. Ung Samy
Governor of Prey Vang province
# Village 3, Kompong Leav commune,
Kompong Leave district,
Prey Veng province,
CAMBODIA
Tel: 855 12 887 555

7. Justice Chea Nol
Chief judge of Prey Vang Provincial Court
# Village 5, Kompong Leav commune,
Kompong Leave district,
Prey Veng province,
CAMBODIA

8. Mr. Tem Phan
Police commissioner
# Village 5, Kompong Leav commune,
Kompong Leave district,
Prey Veng province,
CAMBODIA

9. 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,
(P.O. Box: 108)
CAMBODIA
Tel: +855-23-987 671 / 987 672, 993 590 /993 591 or +85523 216 342
Fax: +855-23-212 579, 213 587

10. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Ms. Afarin Shahidzadeh
Room 3-080, OHCHR-UNOG
8-14 Avenue de la Paix1211
Geneva 10,
SWITZERLAND
Tel: +41 22 91 79214
Fax: +4122 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)

11. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-394-2006
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.