CCHR PRESS RELEASE, Phnom Penh, 3 March 2013

With Mam Sonando’s Court of Appeal Hearing Imminent, CCHR Releases a Legal Analysis of his Charging and Sentencing in the Court of First Instance Hearing in October 2012

On 1 October 2012 71-year-old journalist and human rights defender Mam Sonando was found guilty of instigating an insurrection in Pro Ma village, Kratie province – the site of a land conflict and forced eviction.  Mam Sonando was charged under six articles of the Penal Code 2009 as follows: Articles 456 and 457, which prohibit insurrection and stipulate the attached penalties, respectively; Article 464, which prohibits incitement to take up arms against the state authority; Article 504, which prohibits the obstruction of public officials with aggravating circumstances; Article 609, which prohibits unlawful interference in the discharge of public functions; and Article 28, which establishes criminal liability for the instigation of a felony or misdemeanor under Cambodian law (together, the “Charges”).  Despite a stark lack of evidence to link him with the alleged secession in Pro Ma village, Mam Sonando was sentenced to 20 years in prison – a veritable death sentence for a man of his age.

Two days before Mam Sonando’s Court of Appeal hearing, the Cambodian Center for Human Rights (“CCHR”) today releases a Legal Analysis of the Charges and Sentencing of Mam Sonando at the court of first instance – both a long- and short-form version – which are available at www.cchrcambodia.org and www.sithi.org.

This Legal Analysis: (1) provides a factual background to the arrest, charging and sentencing of Mam Sonando as well as to the alleged secession attempt and the events that took place in Pro Ma village in May 2012; (2) provides an overview of the fundamental human rights that have been compromised by the Charges, namely the rights to freedom of expression, freedom of association, and liberty (as well as the non-binding right to defend human rights), and establishes that these rights have all been grossly violated with respect to Mam Sonando; (3) conducts a step-by-step analysis of the Charges, examining each of them in turn and applying the law to the facts as they have been reported, arguing that, for the most part, the law has been incorrectly applied; (4) examines the judicial process both at the pre-trial and trial stages of the hearing at the court of first instance, and finds that Mam Sonando’s rights to a fair trial were breached in numerous fundamental ways; and (5) concludes that the sentencing of Mam Sonando represents a gross miscarriage of justice and that there are therefore clear, solid and substantial grounds for appeal.

CCHR President Ou Virak comments:

“From a careful analysis of the facts and an application of the law, it is clear that the charges against Mam Sonando were seriously flawed and that he has been arbitrarily imprisoned as a result of exercising his rights to freedom of expression and association.  While we have been calling for Mam Sonando’s immediate release, we hope that over the next few days the Court of Appeal is allowed to do its job properly and assess the facts, the law and the conclusions reached in the first trial completely objectively and impartially.  If it can – and we hope that our Legal Analysis is helpful to the court – we have no doubt that Mam Sonando will be acquitted and released very soon.”

For more information, please contact Ou Virak via telephone at +855 (0) 1240 4051 or e-mail at ouvirak@cchrcambodia.org or Senior Consultant Robert Finch via telephone at +855 (0) 7880 9960 or e-mail at robert.finch@cchrcambodia.org.

Please note that this Press Release (Khmer and English), the short-form Summary (Khmer and English) and the long-form Legal Analysis (English) are attached in PDF format.  The Khmer version of the Legal Analysis will follow shortly.

Kind regards,

CCHR

Cambodia does not push the poor from their homes: Govt

March 3, 2013 1:00 am,  http://www.nationmultimedia.com/opinion/Cambodia-does-not-push-the-poor-from-their-homes-G-30201100.html#sthash.miPqryWX.dpuf

I wish to respond to the reprint of a news article by the Straits Times entitled "Cambodian Poor Pushed Out of Their Homes," published in The Nation of Thailand on 26 February 2013.

There is no doubt that the article is full of hearsay, lies and manipulations of facts. When reading this article, it is clear that the intended message is to demonise Cambodia, the ruling government and the prime minister of the country. I must say that it is sad for both the Straits Times and The Nation, as leading newspapers in Singapore and Thailand, respectively, to engage in this politics of "inventing reality" by twisting the real facts, manipulated by the opposition circles to discredit the Cambodian government.

In response to this news article, I wish to clarify the following points:

First, to make the title of the article more attractive and like a sound bite, it has entitled it "Cambodian Poor Pushed Out of Their Homes." For Cambodia, there is no such a policy, and the government does not engage in this kind of activities, as has been alleged and accused by the media here. No Cambodian citizen had ever been pushed out of his/her home, because Cambodia is a state of law, not a lawless society.

Second, to get the right facts, it is important for any professional journalist to check and verify the source of information. By quoting the sources from a few local NGOs, which have strong political affiliation with the opposition, and without verifying the sources with the competent authorities, the quoted information is simply slanderous. For professional journalists, news and information must be treated with care, and they do seriously check and verify such information first. To state that more than "... 400,000 Cambodians have been evicted from their homes..." is to blatantly lie or manufacture this number. How did one come up with this number? In fact, Cambodia does not have any policy of eviction at all. It is a total prevarication.

Third, it is ridiculous to say that the "rising voices of civil society have forced ... (Samdech Techo) Hun Sen to address the land issues ahead of the general election in July." How can "rising voices of civil society" compel what they called "strongman" of Cambodia? Again, it is absolutely nonsense. It was Samdech Hun Sen's initiative, which has been taken place for some time already; and it was not done just for the upcoming election per se. Samdech Techo Hun Sen has paid close attention to the land issues. While the prime minister has appointed his son, it was not Hun Manet, as wrongly stated. It was Hun Manith, who also happened to be young, in order for him to work closely with the volunteer students to ensure that the program would be carried out effectively. The Cambodian government planned to demarcate a total of 1.8 million hectares of land for 500,000 families. Since the program was launched on 14 June 2012, a total of 2,016 volunteer students have been dispatched to carry out the work. Until now, 674,022 hectares have been demarcated and a total of 126,141 land titles granted to the landless families.

Fourth, the article falsely argued that "many of those evicted from Phnom Penh live in the countryside, often in mere shacks" and at night some of them "sleep on the footpaths..." Where are they? If some of 400,000 evicted from Phnom Penh are sleeping on the footpaths, it would be a serious problem for the country. The number and their argument are simply distorted; they are only in the minds of those who have tried to concoct this reality.

Fifth, the Boeung Kak Lake area was a state public land but some of the people had tried to occupy it illegally as temporary shelters in 1992. The authorities had not issued any land titles to them. As a rule of law, the government had to re-establish law and order in the area. In 2006, the government started the development of the area by working with the private sector to transform the area into a commercial, cultural residential area. To do so, a total of 3,900 families (who had illegally occupied parts of the area) were offered by the government with three choices: cash compensation; relocation with flat and cash; and on-site development. In 2011, Samdech Techo Prime Minister decided to set aside 12.44 hectares of land for on-site development.

A total of 3,882 out of 3,900 families voluntarily accepted one of the three choices offered by the government. Today, 18 families have still refused to accept any offers and they have continued to illegally occupy the state's public land. Therefore, to state that "there are still no land titles for the Boeung Kak Lake community" is absolutely libellous. Many land titles had already been given to those who had agreed to accept, with the total area of 12.44 hectares of land. 

Sixth, as far as the 15 people concerned, they were detained and then later released because of their violent acts against the competent authorities. On 22 May 2012, those people tried to hurt the competent authorities by using saws, hammers, axes, nails, nail removers, wood pillars, banners and other construction materials. Among the 15 people who were detained, there was no one who was young at all. The claim of having arrested a 13-year-old girl is completely baseless and preposterous.

Seventh, with regard to the alleged approval by the government of "at least 66 concessions last year covering a total 381,121 hectares… despite the moratorium announced in May," there is no evidence at all to prove this. Last year, the government did not approve any new economic land concession. So, it is embarrassing to read the newspaper article which did not do its homework properly and well. 

After reviewing point by point of all the key arguments contained in the newspaper, which was initially published in the Straits Times and then reprinted in The Nation, I have come to the conclusion that the news article is completely full of lies and calumnies. 

I wish to request your newspaper to print this reply in full. Thank you. Truly yours,

Koy Kuong

Spokesperson

Under Secretary of State - 

Angry scenes in China amid land grab protest

Angry scenes in China amid land grab protest

Villagers wait for the return of leader Lin Zulian after his meeting with a government official over an agreement on illegal land grabs and a death in custody, in Wukan, Guangdong province on December 21, 2011. Villagers in southern China were Friday locked in a standoff with police after protests over land rights, local residents said, as Beijing prepares for its annual meeting of legislators. Villagers protest in Wukan in China's Guangdong province on December 21, 2011. Villagers in southern China were Friday locked in a tense standoff with police after angry protests over land rights, local residents said, as Beijing prepares for its annual meeting of legislators.

AFP News – 03/2013

Villagers in southern China were Friday locked in a standoff with police after protests over land rights, local residents said, as Beijing prepares for its annual meeting of legislators.

Residents of Shangpu, in the province of Guangdong, have occupied the village square since last Friday amid claims thatcorrupt local officials were selling local land, the US-based Radio Free Asia website reported.

Hired thugs employed by local officials attempted to remove the protesters on Sunday but were repelled in angry scenes which saw 30 cars being smashed, RFA said.

Police arrived to clear the square and became caught up in the clash, it added.

Six people were arrested, according to the website of the local Jiexi county government. Authorities have since called on the protesters to clear the square, RFA said.

A nearby resident who spoke to AFP said the demonstrators were continuing to occupy the square, in a protest echoing a dispute in the nearby village of Wukan which became a symbol of resistance against corruption last year.

The resident, who gave his surname as Lin, said: "Right now, both sides are in a stalemate, but there is no more fighting. Police have blocked roads to keep other people away. Meetings are being held."

Another villager, surnamed Li, confirmed the road blockage and said 10 or more people had "suffered serious injuries" since the tensions started.

Li said that officials in Mianhu township, which has jurisdiction over the area, had called the residents "unreasonable" and blamed them for the trouble. He added that villagers appealed to senior officials and were awaiting a reply.

Villagers in Wukan began protesting in September 2011 in what was initially seen as just another bout of social unrest in China, where land grabs have become a major source of discontent.

But the death of one of the protest leaders in police custody two months later led to villagers taking their demonstration a step further, barricading roads leading into Wukan and facing off with security forces for more than a week.

Then, unexpectedly, Communist Party authorities backed down and promised villagers rare concessions, including pledges to investigate the land dispute and allow village polls to be held in an open manner -- a first in Wukan.

Many in Wukan claim little has changed since the elections, which were held at the start of last year's annual session of the National People's Congress (NPC), or parliament.

This year's meeting begins in Beijing on Tuesday.

New building at Boeung Kak draws ire

New building at Boeung Kak draws ire

Labourers employed by Shukaku Inc remove building materials from a site near Boeung Kak lake after their attempt to build an office was thwarted following a protest by local residents. Photograph: Khouth Sophak Chakrya/Phnom Penh Post

01 March 2013 
By Khouth Sophak Chakrya 
The Phnom Penh Post

Boeung Kak lake villagers yesterday demanded that a construction team fromShukaku Inc cease building on land in village 22, which they say Prime Minister Hun Sen awarded to their community in 2011.

About 50 villagers confronted the seven builders and their two bosses in Daun Penh district’s Srah Chak commune, demanding they walk away from a steel-framed structure they had begun erecting the night before.

Sia Phearum, secretariat-director of the Housing Rights Task Force, said officials had told the villagers the land was part of the unmarked 12.44 hectares Hun Sen had cut from Shukaku’s concession in 2011.

“The company already has more than 100 hectares . . . why are they not respecting the prime minister’s sub-decree?” he said, adding that villagers were concerned by the company’s motives. “Maybe [the building is] for security guards. Maybe they’re going to intimidate people.”

The builders agreed to stop work, but one of them, who identified himself only as Pov, told the Post that Shukaku had permission from municipal authorities to build.

“We’re building on company land only,” he said.

Deputy commune chief In Saphorn said his office had not been told the construction was going ahead.

“I have not been informed about this, but maybe the company already has permission from municipal hall,” he said.

In 2007, the government awarded a $79 million contract to Shukaku, owned by ruling party senator Lao Meng Khin, to develop Boeung Kak.

After the World Bank suspended new lending to Cambodia over its treatment of the Boeung Kak community, Hun Sen cut 12.44 hectares from Shukaku’s concession in August 2011.

Villagers said yesterday that the company had fenced off its 114 hectares and was encroaching on land promised to more than 60 families.

“If we do not protest this time, maybe in the future villagers will be evicted again,” villager representative Tep Vanny said.

A representative from Shukaku said his office had “no comment to make”, before hanging up. Long Dimanche, a municipal hall spokesman, could not be reached.

Land Dispute Body Blames Concession Troubles on Ministries [-Finger pointing game in Nom Ben]

Land Dispute Body Blames Concession Troubles on Ministries [-Finger pointing game in Nom Ben]

“In the past, I have never solved them [disputes]”: Bin Chhin

March 1, 2013
By Khuon Narim and Zsombor Peter
The Cambodia Daily 

The head of the country’s National Authority for Land Dispute Resolution on Wednesday said his authority was unable to resolve land disputes and that the responsibility for settling such disputes rested with the ministries responsible for handing out economic land concessions (ELCs) in the first place.

Rights groups have singled out ELCs—granted to industrial scale plantations and other developers thousands of hectares at a time—as the leading cause of land disputes across the country, responsible for rampant deforestation and mass evictions.

Bin Chhin, who chairs the inter-ministerial National Authority for Land Dispute Resolution, on Wednesday bristled at being asked to solve problems he said were caused by others.

“In the past, I have never solved them [disputes],” he said at the annual meeting of the Ministry of Land Management. “Whenever a dispute arises between a company’s economic concession and villagers, I have returned them to both ministries, the Ministry of Agriculture and the Ministry of Environment.

“Why have we not solved them? The National Authority for Land Dispute Resolution doesn’t grant economic land concessions, we have no right to grant them. When an ELC is granted, they don’t ask us if it should be granted,” Mr. Chhin said.

“So when a dispute happens, we dig it up. Both ministries represent the government. The national authority represents the government, too. So we need to solve it instead of the [ministries]? It is not very logical,” he continued.

Thun Sarath, a spokesman for the Agriculture Ministry, said responsibility for settling disputes was included in the contracts the firms signed with the government, but added that he did not know who those contracts gave responsibility to.

Yin Kim Sean, an Environment Ministry secretary of state, declined to comment.

Nicolas Agostini, a technical assistant on land issues for rights group Adhoc, said Mr. Chhin had a point.

“We cannot say he’s entirely wrong because for sure the Council of Ministers and Ministry of Agriculture are responsible for granting ELCs,” he said.

In a recent report on land and housing rights, Adhoc said the 66 ELCs granted last year—half of them after Prime Minister Hun Sen put a freeze on new ELCs in May—lead to 55 land disputes and 232 arrests.

But the national authority’s main shortcoming in settling those disputes, Mr. Agostini said, lay in the 2006 Royal Decree that established it. The decree vaguely gives the authority the power to step in when disputes are “beyond the competence of the National Cadastral Commission.”

“The [national authority] does not have a clear mandate,” Mr. Agostini said. “This is problematic since it acts on a case-by-case basis without, it seems, any clear guidelines. In this context, interventions can only be political and in cases for which the cadastral commission has not been able—or willing—to make a decision.”

“The [national authority] needs to be institutionalized,” he added.

“At the moment, its authority is very much linked to individuals…including the prime minister’s son. In particular, its relationships with the cadastral commission and the court system need to be clarified.”

Mr. Hun Sen’s son, Hun Manith, is deputy secretary-general of the body.

In his report on land concessions last year, the U.N.’s human rights envoy to Cambodia, Surya Subedi, agreed.

“The institution, which was not envisaged when the [2001] Land Law was drafted, does not have a clear place within the existing institutional framework for land dispute resolution,” he said. “Little information is available about the functioning of this body, and it is not known how many cases it has received and resolved.”

ទំនាស់​ដីធ្លី ជាមួយ​ក្រុមហ៊ុន​ដាយ​ណា​ម ៖ ពលរដ្ឋ​ប្រឈមមុខ ជាមួយ​កងកម្លាំង

ទំនាស់​ដីធ្លី ជាមួយ​ក្រុមហ៊ុន​ដាយ​ណា​ម ៖ ពលរដ្ឋ​ប្រឈមមុខ ជាមួយ​កងកម្លាំង

ប្រជាពលរដ្ឋ​ប្រឈមមុខ​ជាមួយ​កម្លាំងប្រដាប់អាវុធ​ក្នុង​រឿង​ទំនាស់​ដីធ្លី ជាមួយ​ក្រុមហ៊ុន​ដាយ​ណា​ម​នៅ​ស្រុក​ស្នួល​

ថ្ងៃទី 1 មីនា 2013 | ដោយ: ចិត្របូរី
Cambodia Express News

ក្រចេះ: ពលរដ្ឋ​ជិត​១០០​នាក់ បាន​ព្យាយាម​ចូល​ទៅ​កាន់កាប់​ដីធ្លី ក្នុង​ក្រុមហ៊ុន​ដាយ​ណា​ម នៅ​ថ្ងៃ​ទី​១ ខែ​មីនា ឆ្នាំ​២០១៣​នៅ​ឃុំ​ឃ្សឹ​ម ស្រុក​ស្នួល នាំឲ្យ​មាន​ការប្រឈមមុ​ខ​ជា​មួយ​កម្លាំងប្រដាប់អាវុធ ប៉ូលិស ​ប៉េអឹម ​ខត្ត​ក្រចេះ​ប្រមាណ​១០០​នាក់​។​
​ពុំ​មាន​កើត​អំពើ​ហិង្សា​ណាមួយ​ឡើយ​នាពេលនោះ ដោយសារ​អាជ្ញាធរ​បាន​ព្យាយាម​សម្របសម្រួល​ជាមួយប្រជាពលរដ្ឋ​ទាំងនោះឲ្យ​រង់ចាំ​មាន​ការដោះស្រាយ​ពី​ថ្នាក់ជាតិ​។ បន្ទាប់​ពី​ប្រឈមមុខគ្នា​ជិត​ពេញ​មួយ​ថ្ងៃ​ពលរដ្ឋ​បាន​រំសាយ​ព្រោះ​តែ​លោកខណ្ឌ ចំណាន អភិបាលរង​ខេត្ត​ក្រចេះ បាន​សន្យា​ធ្វើ​ការដោះស្រាយ​ជាមួយ​ពួក​គាត់ ក្នុង​រយៈពេល​៥​ថ្ងៃ​ខាង​មុខ​ទៀត​។​

​នេះ​ជា​លើក​ជា​ទី​២​ហើយ​ដែល​ប្រជាពលរដ្ឋ បានចេញ​ធ្វើការ​ទាមទារ​ឲ្យ​ក្រុមហ៊ុ​នដាយ​ណា​ម បញ្ឈប់​ការឈូសឆាយដី​របស់​ពួកគាត់​។​ការតវ៉ា​ជា​លើក​ទី​១​ពុំមាន ដំណោះស្រាយ​ជាក់លាក់​ពី​អាជ្ញាធរ​ស្រុក​ស្នួល​ទេ​។​

​តំណាង​ប្រជាពលរដ្ឋ​ឈ្មោះ សឿន ផល អាយុ​៣៣​ឆ្នាំ បាន​និយាយថា ដី​របស់​ប្រជាពលរដ្ឋ​ដែល​ក្រុមហ៊ុន​ដាយ​ណា​មកំពុងឈូសឆាយ​យក​នោះ មាន​សាលាក​បត្រ​ទទួល ស្គាល់​ពី​ក្រុមការងារ​និស្សិត​ស្ម័គ្រចិត្ត​នា​ពេលកន្លងមកបានចេញឲ្យ​។​
​តំណាង​រូបនោះ​និយាយទៀតថា ក្រោយពេល​បាន​ទទួល​សាលាកប​ត្រ​ពី​ក្រុម​និស្សិត ហើយ ប្រជាពលរដ្ឋ​ទាំងអស់​មាន​ការ​កក់ក្តៅ សង្ឃឹមថា ពួកគាត់​នឹង​ទទួល​ប័ណ្ណកម្ម​សិទ្ធិ​ស្របច្បាប់​ពី​រាជរដ្ឋាភិបាល​។ ប៉ុន្តែពេល​ដែល​ពួកគាត់​កំពុង​រង់ចាំ​ការវាស់វែងពី​ក្រុម​និស្សិត ស្រាប់តែក្រុមហ៊ុន​ដាយ​ណា​ម​បាន​ធ្វើ​ការដាក់​បា​រ៉ាស់​បិទផ្លូវ ហើយ​ធ្វើការ​ឈូសឆាយ​យក​ដី​របស់​ពួក​គាត់​តែ​ម្តង​។​

​គេ​សង្កេតឃើញថា ចំពោះ​ករណី​ទំនាស់​ដីធ្លី​រវាង​ប្រជាពលរដ្ឋ និង​ក្រុមហ៊ុន ដាយ​ណា​ម​នេះ​ការដោះស្រាយ​របស់​អាជ្ញាធ​រ​មានភាពយឺតយ៉ាវ​ ខណៈ​ប្រជាពលរដ្ឋ​បាន​ដាក់​ពាក្យបណ្តឹង​សុំ​អន្តាគ​មន៍​យូរ​មក​ហើយ​ដែរ​៕

Minister praises Boeung Kak fill-in

• 
• 

Last Updated on 27 February 2013

By Kim Yuthana and Shane Worrell

A view of the former Boeung Kak lake, now completely filled in with sand. Photograph: Vireak Mai/Phnom Penh Post

Shukaku Inc, the development firm that evicted more than 4,000 families to fill in Boeung Kak lake, has been praised for “reducing poverty” in a letter from Minister of Economy and Finance Keat Chhon.

The letter, dated February 12 and signed by Chhon, who is also a deputy prime minister, sings the praises of tycoon Cheung Sopheap – who is referred to as Shukaku’s CEO and is the wife of owner Lao Meng Khin.

“We deeply and sincerely thank you for previously implementing your full payment and completing the sand-pumping of Boeung Kak lake,” Chhon’s letter, obtained yesterday, says.

“The Ministry of Economy and Finance strongly hopes – and is confident – you will continue to be a good example and co-operate closely with the government to continue to reduce residents’ poverty and contribute to national development.”

The government awarded a 99-year, $79 million contract to Shukaku in 2007 to develop Boeung Kak as a satellite city.

Since then, thousands of families have been evicted, the lake has been filled in, and protests – as well as arrests – have been common. Development, however, is yet to begin.

Boeung Kak villager Heng Mom, whose house was demolished by Shukaku, said the letter was designed to cause evictees more suffering.

“Their development doesn’t help to reduce poverty – they are making more poverty,” she said.

Sia Phearum, secretariat-director of the Housing Rights Task Force, also dismissed assertions that Shukaku had helped to reduce poverty.

“Those families would be disappointed by that letter,” he said. “They have lost everything. Some – like Chea Dara, the lady who jumped from the bridge – lost their lives.”

Shukaku partnered with Chinese company Erdos Hong Jun Investment in 2010 to form development firm Shukaku Erdos.  

The partners’ office closed early last year, but Shukaku was advertising for engineers and architects in September and for a human resources clerk in October.

The response of an employee who answered the phone at Shukaku’s office yesterday suggests recruiting is still occurring. “[The Boeung Kak lake project] is not something I know about, as I’m just the new guy,” he said.

Chhon, Sopheap and Meng Khin could not be reached.