Injustice taken by the authority and the court in Kandal province toward the people legally won the lawsuits on the land issue cases with Heng Development Company in Kandal Stung district, Kandal province
The Cambodian Human Rights and Development Association (ADHOC) would like to strongly condemn against the injustice actions of the authority and the court in Kandal province, accusing and arresting the village representatives who had won the lawsuits cases in final judgments’ numbers No. 12 (v) and No. 40 (v) judged by the Kandal provincial court.
This long-lasted land conflict broke out in 2005 and until this date there are no levels of authorities concerns on this case to take actions for the resolution. On the other hand, whenever the villagers tried to struggle and stand up to protest in provincial and national level to protect their land and houses, there were always armed forces of the company, shot 3 villagers get permanently wounded, one villager was illegally imprisoned and other 2 villagers are under the arrest. Furthermore, 292 families who have being threatened to be evicted from their houses and worried that the Tuol Ta Mok Pagoda would be destroyed due to that the company has set up the ultimate deadline.
According to the Kandal provincial court’s judgment No. 40 (v) issued on 2nd October, 2006 and judgment No. 12 (v) issued on 26th February, 2007, the court decided to give the land rights of occupation and living for the 292 families legally. So the people had won and the Company had lost in these lawsuits. However, even though there are Intervention letter from the president of Senate, Intervention letter from the president of National Assembly, Intervention letter from the Prime Minister cabinet, Intervention letter from the Council of Ministers and the Intervention letter from the Ministry of Interior and Ministry of Justice, the officials in the Kandal provincial court have not yet taken the action to empower the two judgments on the above. This means that the company has been rejecting the courts’ judgments and downgrading the court system in Cambodia. When people filed complaint to the out, it was not take action yet, but when the company filed complaint, the court produced crime, charged, arrested people promptly.
ADHOC would like all the relevant institutions to make a consideration on this issue and intervene to implement the two Kandal provincial courts’ judgments above so that the people will be able to occupy the land peacefully and it will lead to strengthen the court system and judicial reform in Cambodia. All relevant institution should not be just stand and watch quietly, allowing the people lose their land and living under the fear. Some people had run away because they are suffering and threatened or harassed by Gendarme who are patrolling for the company every single day.
Phnom Penh, 16th September 2010
For the further information, please contact;
Mr. Ny Chakrya Head of Land and Natural Resources Rights 011 274959
Mr. Chan Soveth Head of General Human Rights 016 932591
