LICADHO condemns the decision of the Battambang provincial court this week to convict and sentence five community activists involved in a land dispute in Bavel district.

On February 13, the court convicted the five villagers, including a 78-year-old man, of using violence to infringe against the private property of others. No evidence was presented at the trial that the defendants had in fact used violence against anyone.

“This case is a sad example of how the law is misused to unfairly punish poor villagers who desperately need land, while the interests of rich or powerful people are protected,” said LICADHO president Kek Galabru.

Based on a complaint by wealthy businesspeople who claim to have bought the disputed land from a military commander, the five villagers were convicted of infringement of private property under Articles 248 and 253 of the 2001 Land Law. The five were sentenced under Article 253, which explicitly relates to the violent occupation of land.

“There was no evidence presented at court that the defendants had used violence against anybody,” said Kek Galabru, “and the trial they received was grossly unfair”.

The main defendant, community representative Chhea Ny, was not present at the trial because he had been transferred to prison in Phnom Penh. Repeated requests by his lawyer for him to be sent back to Battambang before the trial were ignored. In addition, the pre-trial detention of Chhea Ny had exceeded by 13 days the lawful maximum period of 6 months.

Neither the plaintiffs nor any prosecution witnesses testified at the trial, preventing defense lawyers from questioning them.

Despite the lack of evidence, trial judge Pech Choeut convicted Chhea Ny and sentenced him to one year imprisonment, as well as to pay 1.6 million riel compensation to the plaintiffs. Two other defendants, Rous Saroeun and Oeun Mao, who were not present at the trial because they had fled from arrest, received the same sentence. The last two defendants, Hem Lack and 78-year-old Mou Sabb, who were present at the trial, were sentenced to 6 months’ imprisonment.

The actual ownership of the land in dispute was not resolved by the trial. The plaintiff’s lawyer acknowledged that his clients did not have land titles for the land, and in his verdict the trial judge instructed that the plaintiffs should apply to the Cadestral Commission for land titles. Yet despite this acknowledgment that the plaintiffs do not currently officially own the land, the defendants were convicted of infringing on private property.

The case involves land around Boeung Pram village, Ampil Pram Daeum commune of Bavel district. The landless families of former soldiers settled on the land, believing it to be vacant stateowned forest, while wealthy businesspeople claimed they had purchased the land from Deng Yan, deputy commander of military Brigade 53 based in the area. Deng Yan’s right to sell the land is disputed by the families, who asked the government to give the land to them as a social land concession.

“Ownership of this land is a civil issue which must be resolved by the government and Cadestral Commission, and criminal charges never should have been filed against these poor villagers” said Kek Galabru.

“This case is a test of the government’s commitment to provide social land concessions to poor communities, and of the judiciary’s ability to properly and fairly interpret the Land Law,” she said.

LICADHO urges the immediate release from prison of Chhea Ny, Mou Sabb and Hem Lack, and the granting of the disputed land to the families of Boeung Pram village as a social land concession.

For more information, please contact:
▪ Kek Galabru, LICADHO president, 012 802 506
▪ Ouch Leng, LICADHO human rights monitor, 011 256 053

PDF: Download full statement in English - Download full statement in Khmer