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UPDATE (Cambodia): Court orders release of 13 men but seven are still detained

November 5, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Update on Urgent Appeal

5 November 2007

[RE: UP-063-2007: CAMBODIA: Alleged eviction of 107 families in Sihanoukville by the order of the Governor; UP-010-2007: CAMBODIA: Sihanoukville governor orders 105 families to leave their homes within 7 days; UA-328-2006: CAMBODIA: Another alleged forced eviction by a senator]
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UP-146-2007: CAMBODIA: Court orders release of 13 men but seven are still detained

CAMBODIA: Forced eviction; human rights defenders; illegal land grabbing; no investigation; corruption; no rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that on 4 July 2007, a court in Sihanoukville ordered the release of 13 men who were arrested in April 2007 while the Sihanoukville authorities were demolishing houses where 107 families had been staying. Six out of 13 men were released but seven men are still detained as a prosecutor approached the court of appeal. While the case is pending, there has been no investigation into the forced eviction and attacks on villagers by the armed police and security personnel to demolish the houses.

UPDATED INFORMATION: (Based on the information from Mr. Chhim Savuth, Human Rights Investigator for the Cambodian Centre for Human Rights (CCHR))

The AHRC has previously reported the case of forced eviction of 107 families by the government. The families had been living on 17 hectares of land in Sangkat, Sihanoukville since 1985 and were entitled to land ownership according to Cambodia Land Law 2001. However on 19 January 2007, Sihanoukville Governor Say Hak issued a notice numbered 0026 to evict those families (See further UP-010-2007). On 20 April 2007 the families were finally evicted from their land by armed police and security personnel. Their houses were demolished and 13 men were arrested and detained in the Sihanoukville prison during the operation by the authorities. Most of them were injured and two in particular were wounded severely. They received medical care from local human rights organization Cambodian League for the Promotion and Defense of Human Rights (LICADHO) (See further UP-063-2007). The AHRC has recently received the photos taken on the day of forced eviction and attacks on the villagers on 20 April 2007. (See further please click photo 1, photo 2 and photo 3)

According to the updated information we have received, those arrested were charged with wrongful damage to property and with resisting security personnel. Trial judge Tang Sun Lay ordered their detention for 75 days from the day of the arrest. Before July 9, when the detention period was to end, the Sihanoukville court held a two-day-hearing on July 3 and 4 and ordered their release through court order number 79.

However, on the afternoon of 4 July 2007, Sihanoukville prosecutor Meas Sopheak immediately approached the court of appeal to oppose the decision by the Sihanoukville court. The prosecutor demanded continued detention of seven of the 13 men in order to conduct further investigation, saying they were the leaders who provoked villagers to put up resistance. This demand was accepted and the seven are lodged in Sihanoukville prison while the other six have been freed. Those being detained are Chom Pet, Yeang Ren, Nom Chry, Chri Chan, Chang Sitha, Sut Ron and Ken Nov.

In the meantime, the 107 evicted families are sheltering alongside the National Road 4 in tents supplied by non-governmental organizations. However, strong winds have torn through most of the tents. The families are in dire straits, facing disease and starvation. Many children, women and men are suffering from diarrhoea, typhoid or dengue fever, lacking clean drinking water and medical care.

It is reported that in August 2007, a 55-year-old-man named Chea Sok died of diarrhoea for want of medical care. His four children were sent to an orphanage, his wife having predeceased him. People in the area and NGOs raised money to cremate Chea Sok's body.

The AHRC is gravely concerned over the prolonged detention of the seven men who had tried to resist forced eviction and suffered injuries at the hands of the armed police and security personnel. The AHRC is also concerned over the condition of the families and urges special care for them. The seven men must be released immediately and forced evictions by the armed police and security personnel must be investigated.

BACKGROUND INFORMATION:

Most of the victims had been living on the land they were evicted from since 1985 at which time there were only 53 families. The Ministry of Interior acknowledged and registered the land as a village and commune structure. According to the Land Law 2001 of Cambodia, those who have lived on a plot of land for more than five years without any ownership-related disputes are entitled to ownership of the land. Although all the families concerned had fulfilled such requirements, they never officially received the title for the land from the government, despite repeated requests. Many people who live in the countryside or even urban areas in Cambodia are not awarded land ownership even though they fulfill the requirement to be entitled to land ownership.

According to Article 253 of the Cambodian Land Law 2001, anyone who uses violence against a possessor in good faith of an immovable property, whether or not his title has been established or is disputed, shall be fined from 1,500,000 Riel (USD 385) to 25,000,000 Riel (USD 6,420) and/or imprisoned from six months to two years, irrespective of the penalty for violence against a person. If the violence was ordered by a person other than a perpetrator, who did not personally participate in the commission of such violence, he shall be subject to the same penalties as the perpetrator of the violence.

The AHRC has reported several cases of alleged forced eviction or illegal land grab by the authorities in Cambodia this year. See further: UA-271-2007, UA-189-2007, UA-172-2007, UA-062-2007, UA-059-2007, UA-053-2007, UA-026-2007, UA-006-2007, UA-003-2007 and UA-001-2007. Among the cases mentioned are some in Sihanoukville. See further: UA-189-2007, UA-172-2007, UP-068-2007, UP-063-2007, UA-026-2007, UP-010-2007 and UA-003-2007. However, not a single investigation has been reported to have been conducted. At the same time there have been reports of threats to journalists who uncovered the cases as well as of repression against human rights defenders. See further: UA-256-2007, UA-252-2007 and UA-152-2007.

SUGESTED ACTION:
Please immediately write to the relevant authorities listed below, demanding the unconditional release of the arrested people and investigation into the forced eviction and attack on the villages. Please also demand that special protection and medical care be extended to the families.

To support this appeal please click:

Sample letter:

Dear ________,

CAMBODIA: Please release seven land activists and start investigation into the forcible eviction and attacks on the villagers in Sihanoukville

Name of victims who are being detained:
1. Chom Pet
2. Yeang Ren
3. Nom Chry
4. Chri Chan
5. Chang Sitha
6. Sut Ron
7. Ken Nov
Alleged perpetrators:
1. Mr. Say Hak, Sihanoukville Governor
2. Mr. Meas Sopheak, Sihanoukville court prosecutor
3. Mr. Prak Sihara, Sihanoukville deputy governor
4. Sihanoukville police commissioner
5. Sihanoukville military police commander
6. Sihanoukville army commander
7. At about 100 police officers and soldiers present at the time
Place of detention: Sihanoukville prison

I am writing to draw your attention that on 4 July 2007, trial judge Tang Sun Lay of Sihanoukville court decided to free 13 men who were arrested in April 2007 for wrongful damage to property and resisting security forces allegedly hired by the tycoon and senator Sy Kong Triv to grab their land. Of the 13 men, six were released but seven others remain in detention as prosecutor Meas Sopheak approached the appeal court to oppose the Sihanoukville judge's orders.

I am informed that the Sihanoukville court held a two-day-hearing on July 3 and 4 to try the 13 men in the land grabbing case in central Sihanoukville. The judge decided that their detention period would be 75 days from the day of arrest.

I have learned that before 9 July 2007, when the 75-day period was to end, the judge decided to release them. However, at the end of the hearing on 4 July 2007 in the afternoon, prosecutor Meas Sopheak immediately approached the appeal court to oppose the Sihanoukville judge's decision. He demanded the continued detention of seven of the 13 men in order to conduct further investigation, arguing they had provoked the villagers to resist the security forces. Only six men have been released. While the prosecutor is seeking continued detention of the seven, however, there has been no investigation whatsoever into the forced eviction and attack on the villagers on 20 April 2007.

It has come to my knowledge that the 107 families who were evicted in April 2007 are living alongside National Road 4 in tents given by non-governmental organizations. But the tents have been damaged by strong winds. The families are in dire straits and face disease and starvation. Many children, women and men suffer from diarrhoea, typhoid or dengue fever as they lack clean drinking water and medical care. It is reported that in August 2007, a 55-year-old-man named Chea Sok died of diarrhoea, leaving four children who have been sent to an orphanage as his wife died before him. People in the area and NGOs raised money to cremate Chea Sok's body.

In the light of the above, I urge that the prosecutor withdraw the case and the appeal court immediately free the seven land activists who are being detained in the Sihanoukville prison. I also urge you to investigate the forcible eviction and attacks on the villagers. I further urge that a relief for the 107 families and an appropriate place for them to settle,  be immediately provided. They should be offered appropriate compensation for their lost land.

I take this opportunity to remind you that the government of Cambodia has the main responsibility to study all cases of forced eviction and attacks on the villagers by the armed police and security personnel allegedly led by the government officials. Investigation into the cases must follow to prevent similar violation in the future. Forcible eviction must be restrained and when it is indeed inevitable, proper procedures have to carry out in accordance with the domestic law as well as international laws and standards. In this context, I especially would like to remind you that the government of Cambodia is a state party to the International Covenant on Economic, Social and Cultural Rights (ICESCR).

I look forward to your prompt intervention in this case.

Yours Sincerely,

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PLEASE SEND YOUR LETTERS 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. Sok An
Deputy Prime Minister
President of the National Land Dispute Authority
# 41, Str Confederation de la Russie
Phnom Penh
CAMBODIA
Tel: +855 12 970 608
Fax: +855 23 881 045
Email: info@pressocm.gov.kh     

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
Tel: +855 12 73 1111
Fax: +855 23 211 336
Email: srphq@online.com.kh  

6. Mr. Sar Kheng
Deputy Prime Minister
Minister of Interior
275 Norodom Blvd.
Phnom Penh
CAMBODIA
Tel/fax: +855-23 72 19 05/72 60 52/72 11 90
Email: info@interior.gov.kh, moi@interior.gov.kh  

7. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh
CAMBODIA
Fax: + 855-23-36 41 19/21 66 22

8. General Hok Lundy
National Police Commissioner
General-Commisariat of National Police
Phnom Penh
CAMBODIA
Tel/Fax: +855-23-21 65 85/22 09 52

9. Gen. Ke Kim Yan
Commander-in-Chief
High Command Headquarters
Royal Cambodian Armed Forces
Kambol
Phnom Penh
CAMBODIA

10. Mr. Christophe Peschoux
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

11. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
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)

12. Mr. Miloon Kothari
Special Rapporteur on adequate housing
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)

13. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-146-2007
Countries :
Issues :
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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.