The filing of criminal charges against nine community representatives from around Cambodia in the past week highlight the widespread misuse of the law against communities who try to defend themselves in land disputes, LICADHO said today.

“Community representatives continue to be arrested, charged and imprisoned because of their efforts to assist fellow villagers to protect their land,” said LICADHO president Kek Galabru. “Frequently, there is no justification whatsoever for the charges against them - the law is simply misused as a weapon to try to intimidate their communities into giving up land.”

In the past week, nine community representatives from three provinces have been arrested and charged by the courts, and six of them sent to prison for pre-trial detention:

- On October 22, 2008, in Kampong Thom province, six people were arrested. They are representatives of about 1,300 families in Santuk district who face a land dispute with a Vietnamese company, Tin Bean Co, which was given an economic land concession by the government which overlaps the community’s land.

The six representatives were arrested and detained overnight at the Santuk district forestry administration office. The next day, three of them were released while the others - Mat Marat, Thach Sarin and Bou Kin - spent one more night in detention before being transferred to the provincial court on October 24.

The court charged the three men with violating Art. 97 of the Forestry Law, relating to the clearing of forest land, and released them on bail pending further investigation.

- On October 23, in Svay Rieng province, two community representatives were arrested after willingly presenting themselves at the provincial court in accordance with an invitation to appear for questioning. Investigating judge Lem Meng ordered the arrests and pre-trial detention of the two, Sum Oeung and Tia Khun, who have been charged with damaging private property.

The two men represent 13 families embroiled in a long-running land dispute with Pal Sun, the chief of Kokir Saom commune in Svay Teap district, who allegedly sold land used by them to a businessman in 2002.

The property damage charge relates to a complaint filed by the commune chief in 2006 during high tensions between the community and the businessman, Nuth Khem Lin, who was planting acacia trees on the disputed land. The two men are charged with cutting down the newly-planted trees but, according to a LICADHO investigation, they were not involved with this. The trees were in fact allegedly cut down by workers from outside of the community because of a pay dispute they had with the businessman.

- On October 24, in Siem Reap province, four community representatives were arrested after they appeared at court upon invitation for questioning. Investigating Judge Kong Sokhal ordered the four men - Kroup Yom, Than Tip, Eam Rong and Thoan Thun - to be sent to prison for pre-trial detention.

The four represent about 40 families living in Tbaeng commune, Banteay Srey district, who are under threat of losing farmland to Ream So, the Royal Cambodian Armed Forces deputy commander in Siem Reap.

The four have been charged with using violence to occupy private property - despite the facts that there is no evidence of them having used violence against anyone, and that Ream So does not have a land title to prove that the land in question belongs to him.

“These cases are typical of how Cambodia’s judiciary is frequently complicit in the intimidation of communities who try to stand up for their land rights,” said Kek Galabru. “All too often, the courts are willing to misuse the law in order to threaten communities and their representatives on behalf of the rich and powerful who want to take their land.”

LICADHO once more urges the Royal Government and the judiciary to ensure that all laws relating to land and natural resources are applied in a fair and correct manner. In particular, no-one should be charged with criminal acts unless there is clear evidence against them, and no-one should be charged with violating private property if the ownership of the land in question is in fact unproven and unresolved.

LICADHO also urges the Siem Reap and Svay Rieng provincial courts to immediately release on bail the community representatives identified above, who voluntarily appeared at court prior to their arrests. Moreover, if there is no compelling evidence against them, and the representatives from Kampong Thom, the charges should be promptly dropped.

For more information, please contact:
▪ Kek Galabru, LICADHO president - 012-940-645

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