Phnom Penh, November 19th 2014 – The Housing Rights Task Force (HRTF), Building Community Voice (BCV), the Cambodian league for the promotion and defense of human rights (LICADHO), the community legal education Center (CLEC), the Cambodian Center for Human Rights (CCHR), the Cambodian Human Rights and Development Association (ADHOC), and the Cambodian Human Rights Action Committee (CHRAC) condemn the arbitrary arrests and expedited trial of M. Ly Srea Kheng and his daughter Ms. Ly Seavminh on the late afternoon of November 18th 2014. The family is involved in a land dispute with the Khun Sear Import Export Company, in the Boeung Kak 1 area in Phnom Penh and already encountered death threats, attacks and many intimidations.
On the morning of November 18th 2014, M. Ly Srea Kheng was arrested by the police at his home in the capital’s Tuol Kork district. His daughter, Ms. Ly Seav Minh, 23, was also arrested at around 4:00pm, in front of the Phnom Penh court while she was trying to find the whereabouts of her father.
The authorities were in possession of the arrest warrant but didn’t show it before taking M. Ly Srea Kheng into custody. Moreover the latter didn’t have time to properly get dressed before being forced into a police car. At the same time, the brother of Ms. Ly Seavminh was contacted by the Khun Sear Company to continue the negotiation over the disputed plot of land.
Both M. Ly Srea Kheng and Ly Seavminh were charged according the article 253 of the 2001 Land Law sanctioning the use of violence against a legal possessor and sent to the Prey Sar Correctional Center CC1 and CC2. The details of their sentence is not known yet but could be comprised between 6 months and 2 years of jail with a fine of 1,500,000 Riel to 25,000,000 Riel. The family received summons to appear in front of the court on November 13th and 14th 2014 but delayed the audiences. They were called to be heard on accusation of violence, stealing with aggravated circumstances, destruction of private property and defamation.
The use of the judiciary power to silence activists and pressure residents to accept inadequate compensation offers for their land is contrary to the basic human rights and legislation of Cambodia. Mr. Ly Srea Kheng and two other families have been living on the plot of land
No.18, Street 289 and 528, Khan Tuol Kork, Phnom Penh since 1982. In 1985, the Sangkat Boeung Kak I opened an office in the same building and in 2005, so did the Cambodian Peoples’ Party. The three families attempted multiple times to register their lands under the 2001 Land Law but have continuously been ignored by the authorities. On 4 October 2010 the Council of Minister issued a letter signed by Mr. Bun Huy, Secretary of State, exchanging the disputed land with the Khun Sear Company. In order to proceed to the exchange, in 2013, the cadastral department of the Phnom Penh Municipality issued a land certificate stating that the disputed land belongs to the State. Since then, the Khun Sear Company has claimed ownership of the land. In 2014, two other families agreed to the offer proposed by the Company after negotiation involving the NGOs. However, M. Ly Srea Kheng always rejected the proposal of Khun Sear, recalling the numerous threats and attacks over the past year.
We, the undersigned organizations, would like to remind that Cambodian nationals have the right to an effective and timely judicial review by a fair and independent tribunal according to Article 29 and 28 of the Constitution of the Kingdom of Cambodia, Article 10 of the Universal Declaration for Human Rights, and Article 14 of the International Covenant on Civil and Political Rights, which Cambodia ratified in 1992. Moreover, the Court must follow the procedure described in the law and ensure the fair and transparent use of the court of law in this case. As such, we the signatories call on the RGC to ensure the safety of Ms. Ly Seavminh’s family and to release M. Ly Srea Kheng and his daughter.
Furthermore the RGC should ensure that the Company is not abusing of its position of plaintiff in the lawsuit against M. Ly Srea Kheng’s family, to pressure the remaining family’s members to accept any unfair offer for the disputed land.
For more information, please contact:
1. Mr. Nan Ony, HRTF, o17 315 658
2. Mr. Vann Sophath, CCHR, 012 941 206
3. Mr. Ny Charya, ADHOC, 011 274 959
4. Mr. Am Sam Ath, LICADHO, 012 327 770
5. Mr. Soun Bun Sak, CHRAC, 092 344 357
