We are deeply disappointed today to hear that our colleague Mr. Sam Chankea, ADHOC coordinator in Kampong Chhnang province, has been sentenced this morning by Kompong Chhnang Court which decided unfairly to fine him 1 million riels. He has also been sentenced to pay 3 million riels to KDC International, a company owned by Lauk Chumteav (Her Excellency)Chea Kheng – wife of Minister of Mine and Energy.
This sentence shows clearly that the space for valuable works of Human Rights defenders in Cambodia is SHRINKING. They are restricted, day by day, in their work to help the poor, downtrodden, marginalized, indigenous and powerless people against cunning powerful private companies and their trickery.
Worse, the only hope for the poor, marginalized and powerless people in seeking Justice in Cambodia would no longer exist!
Mr. Sam Chankea faced a trial on January 18, 2011 before the Kampong Chhnang Provincial Court in Cambodia and, on January 25, 2011, he’s been sentenced to three million riels (543 euros) in compensation and one million riels (180 euros) in fine, charged of defamation in a case opposing KDC International Company, owned by Mrs. Lauk Chumteav Chea Kheng, wife of the Minister of Mining and Energy. ADHOC lawyers may appeal the sentence.
Two community leaders, Mr. Pheng Rom and Mr. Reach Seima, were also prosecuted before the Kampong Chnang Provincial Court for defaming and obstructing KDC International Company’s development by staging repeated protests to denounce the activities of the company. Mr. Seima has been fined two million riels (362 euros) and ordered to pay eight million riels (1447 euros) in compensation to the firm. Charges against Mr. Rom have been dropped.
Background information:
The complaint filed against Mr. Sam Chankea follows an interview with Radio Free Asia broadcasted on December 26, 2009 in which he expressed his opinion over a land dispute between dozens of villagers and KDC International Company in Kampong Chhnang province. In this interview, Mr. Sam Chankea stated: “what the company has done is an act of violation since the court has yet to rule on the legitimacy of the case. Therefore, the company should suspend its activities and await the verdict”. He was subsequently quoted in Koh Santepheap newspaper on December 30, 2009.
The dispute, which dates back to 2002, is a long-standing land conflict between the above-mentioned company and more than 100 families who have sued the company for having bulldozed their land, damaged their properties, grabbed their land and violated their rights. The proceedings are still on-going.
ADHOC would like to express its deep concern about the judicial harassment against Mr. Sam Chankea and the two community leaders, which seem to merely aim at sanctioning their human rights activities, and urges the Higher Courts to reverse such a sentence.
More generally, ADHOC urges the Cambodian authorities to ensure the protection of human rights defenders who face reprisals as a consequence of the legitimate exercise of their right to freedom of expression and freedom of peaceful assembly.
