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March 2008 |
Human Rights Alert |
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Freedom of Expression
“ Housing Rights Group meeting with Boueng Kok Communitie - Disrupted”
Political Freedom
“ Activist of the SRP in Kampong Speu province worried about personal safety, after accusations of witchcraft ”
Press Freedom
“ Deputy Editor in Chief of Sakal newspaper injured after writing an article on illegal gambling ”
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The Independence of courts in question |
Hun Sen overturned a decision to the Appeal Courts for a second time, on a disputed land case in front of an Angsnoul high school that belonged to Mrs. Prak Sakhorn. This land case has not been solved for almost 2 decades, according to an article published by the Koh Santepheap newspaper in February 5, 2008.
The disputed land is a pond, 24×60 m, located on Road 4, in front of Hen Sen Angsnoul High School in Monorom village, Bekchan commune, Angsnoul district, Kandal province 60 m.
Mrs. Prak Sakhorn was a resident in Bekchan commune, Angsnoul district, Kandal province. In 1986 she requested a plot of land to build a house, in which local authorities, including village and commune chiefs, responded positively. In 1990 she requested for a land title. Mr. Khiev Keat, the village |
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chief and Mr. Ouch Veasna the commune chief signed the document in January of that year. One month later, the agriculture department issued a receipt of the request, signed by Mr. Sieng Sim.
In 1989 when she was about to fill the pond to build a house, it was obstructed by Mr. Im Savuth, the then school principal who also started to construct a school, 200 meters from the road. The land nearby in front of the school owned by three other families were given to the school in exchange for land of a certain size elsewhere.
Mrs. Prak's land has however been in dispute since then. She filed a complaint to the district governor but the case was not examined. In 1996 Mrs Prak Sakhorn submitted the complaint to the provincial court demanding ownership over the land. Mr. Kuy Thun and Hong |
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Chhum took the case.
On October 12, 1999 when she lost the case at the provincial court, she appealed the case in 2002 to the Court of Appeals, by a jury composed of Mr. Samrith Sophal, Um Sarith and Sali Theara. Mr. Hong Chhum, the other party, requested that the case was submitted to the Supreme Court.
The Supreme Court in 2005 handed over the case to the Appeals to decide again. For the second time, on May 03, 2007 the Appeal decided to give back Mrs Prak Sakhorn land.The losing party then reappealed the case to the Supreme court.
On Feb 04, 2008, when the case was heard by the supreme court, the Prime Minister Hun Sen turned over the Appeal court decision, and authorized the school to fence the land. despite intervention. The case is still pending. The Supreme Court plans to conduct a hearing on March 25, 2008 . |
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Community Empowerment Schedule |
Community Dialogue March 5, 2008 - Phnom Penh
Open Forum March 17, 2008 - Banteay Meanchey
Open Forum March 19, 2008 - Pursat
Community Training March 21 2008 - Svay Reang
Open Forum March 25, 2008 - Kampong Thom
Community Training March 26, 2008 - Battambang
Community Dialogue March 26, 2008 - ,Kampong Thom
Community Dialogue March 28, 2008 - Steung Treang
Community Dialogue March 29, 2008 - Kratie
Community Dialogue March 30, 2008 - Kompong Cham
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“ I want to learn about my rights and what rights I have ” - Resident Oudong province during an open forum
So bok Chap village |
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Housing Rights Group's Meets with disrupted Boeung Kok Communities |
In the morning of February 10, 2008 a group of 6 or 7 Housing Rights Organizations had an appointment with communities in Boeng Kok village 4, Srasjork district. This meeting was scheduled at 2 pm. Permission letters from the commune office and city hall was allowed.
Mr. Nart Ly, community empowerment officer of The Community Law Education Center said that his organization along with 6 member organizations,; including the housing rights group, international organizations such as Amnesty International and Bridge for Peace had meetings with the Boeung Kok communities to understand their concerns over the |
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out from Chaktomok River to complete 133 hectares of the Boueng Kok area. 70 communities took part. in the discussions , when authorities asked the meetings to stop temporarily.
Argument went on for a while. Mr. Nart Ly stated that the meeting was aimed to know people's concerns over why the company was filing the lake.
Mr. Nart Ly added that on 08 February he told representatives of the communities to prepare this meeting at the Muslim Church, but when approaching the village chief, they were sent to Srasjork district, to meet with the district governor. |
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Mr. Neth Savern, a chief of village 4, said that he actually told the Housing group to request permit from the district office or city hall. He stated that he was afraid however that they came from political parties and cause political problems and conduct political campaigns. He wanted the organization to apply for a permit from the district office, with an agreement from the city hall.
The meeting conveyed, despite the disruption. |
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| VOICE FROM THE COMMUNITY |
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“ There is nothing that I can do, the government asked me to move here ” - Resident of An doing Village, a resettlement area for victims of forced victions from Sobok Chap Village SOBOK CHAP VILLAGERS WERE TRANSFERRED TO A RESEETLEMENT AREA OF ADOUNG VILLAGE FROM 2006-2007
1000 PLUS FAMILES RESETTLED SOME SOLD LANDS TO RESTORE
AMLY DEBTS LAND GIVEN BY THE GOVERNMENT IS NOT ENOUGH TO GROW CROPS EARNINGS ARE AVERAGE OF 10,200 - 20,000 REILS SOME EARN THEIR LIVINGS AS CEMENT WORKERS, SEASONAL FISHERMEN, SCAVENGERS CHILDREN ARE NOT EN ROLLED IN SCHOOL MOST ARE LIVING IN UNSANITARY CONDITIONS WITH NO PROPER HOUSING |
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ADVOCATE
Become an advocate against injustice. Find out how you can make a difference. Get involved with the work of CCHR by joining the:
Alliance for the freedom of Expression Campaign
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Sam Rainsy Party Activist Accused of Black Magic |
A 46 year old resident stated that in the morning of February 02, 2008, he saw between 200 and 300 papers on the road in the district of Samroung Sen in Kampong Speu province, with a line reading “Pin Chy can conduct witchery; therefore, he must be killed.” He also stated “this person used to campaign in every election.” A woman stated “Mey Pin is an honest person, never has conflict with other people and cannot conduct witchery.”
Mr. Kourng Phat, 45 years old, from the same village said Mey Pin used to have a conflict with his brother-in-law, an activist of Cambodian People Party
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brother-in-law's coconut.
Mey Pin stated “the leaflets scattered at night time on February 01, 2008. On February 02 at around 4:00am, I went to chop firewood. When I came back at around 8:00am on the same day I was fearful of this incident.” He then informed the village chief and commune chief about the incident.
Mr. Ngem Phat, a police at Somroung Torng district said he received a lawsuit and is now investigating to find the person responsible.
It is noted that in the past in Krang Ampil commune, Somroung Torng
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district, there used to be prior accusations of people in Ornlorng village conducting witchcraft leading to hauling of grenades.
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Human Rights Activist Summoned for Inquiry |
On February 04, 2008 at around 4:30pm, Mr. Chan Sarine, district chief of Oral district called Mrs. Venn Samey for a meeting at Oral district office no later than February 05, 2008 at 8:00am, otherwise, the authority will give instructions to inspectors to bring her in. Mrs. Venn Samey is an activist of Cambodian Center for Human Rights in this district
The regulation for her coming forward was decided after Mrs. Venn Samey announced and invited the villagers to take part in a public forum the Cambodian Center for Human Rights scheduled to be conducted in Kordoontey Village, Chain commune
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Mrs. Venn Samey came to Oral district office. Mrs. Venn Samey met an instructor of Oral district, Mr. Doc Serm; however, the instructor claimed that he did not know about this problem and he asked her to meet the district chief.
After the vice administrator met this woman, he asked her about the announcement letter, which topic was on forum to be facilitated on February10 th . He did not have however a confirmation of the persons responsible and what the intentions are?
After her explanation, the vice administrator called Mr. Chhim Savuth, CCHR senior forum organizer for
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parties will be invited? Is the provincial governor invited? How many people will join? Are people living outside the area invited? And what is topic of discussion?
After the clear explanation, the vice instructor allowed Mrs. Venn Samey to return back home.
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Deputy Editor in Chief of local newspaper Injured |
Deputy editor in chief of Sakal newspaper, a less well known local Khmer language newspaper was injured after he wrote an article pertaining to illegal gambling in Sangkat Boeung Kang Kang 2. The article criticized the operation of illegal gambling in Phnom Penh city, explicitly mentioning the name of the owner ( No 3185 issued Friday to Thursday from 15- 21 February 2008).
Mr. Khoun Playvy, 50 years old, a Phnom Penh resident works as a deputy editor of Sakal newspaper. He was threatened by phone not to issue the article.
Mr. Khoun Playvy stated “at 9:45 am on Friday February 15, 2008, I received a call |
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and was told that I should check the article on page 8 and write it correctly”. He added that at 8:30 pm of the same day, when he drove his motorbike along nationalroad N.271 near the Preh Kosamak hospital (Monk Hospital), a Toyota Camary crashed into him.
Some witnesses said that at around 8:30 the car crashed into the man who was driving the motorbike on N.271 near the hospital. Then the car drove away. A girl who claimed as witness, asking for anonymity, stated “I saw the white car the number of the license plate is 2 E 3556”.
On Monday, February 18, 2008 Mr. Khoun Playvy filed a complaint to the |
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municipal police.
Mr. Touch Narot, chief of municipal police stated “I do not know about the incident because I had meeting outside” |
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Open Forum |
Hotline |
CCHR faced many obstacles in organizing public forums this month. The Open Forum organizers and facilitators occasionally encounter interruption by authorities or groups of people whose political affiliation are biased toward the ruling political party. When CCHR officers submitted letters for organizing the forums, authorities asked CCHR for permission from the commune counsel, district and provincial authorities. They usually prohibited and said that those areas have no security guarantee.
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Open Forum in Preah Vihear |
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Total Monthly Cases 119
Crimes 16
Land disputes 24
Legal Cases/Referral to Partners 19
Other 44
Human Right Violations (16)
Illegal Arrest 2
Threats 5
Political Discrimination 2
Non Performance of Duty 1
Physical Injury 6
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Prak Sakorn - Chronology |
1986 Mrs Prak Sakhorn requested a plot of land to build a house from the village and commune chiefs with assistance from Mr. Bin Chhorn, then district administration director and Mr. Som El, then district justice office director.
1989 Srok Phnom Penh High School (Hun Sen Angsnoul High School) was built, 200 meters from the national road 4, leaving rice field, canal, and pond in the front untouched.
1989 Nov 6 Mrs Prak Sakhorn applied for land title.
1991 Mrs Prak Sakhorn filled the land in the attempt to build a house, stopped by Mr. Im Sarun, the school principal who wanted to the beauty of the school. Mrs Prak then filed a lawsuit to the district, but then the case was submitted to the provincial hall and to the provincial court.
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1997 Oct 14 the Kandal provincial court, with Mr. Hi Sorphea as trial judge, summoned Mr. Khiev Keat as witness of the plaintiff.
1999 the provincial hall informed the district governor. Concerned of consent the court continued to proceed with the case.
1999 Oct 12 the court heard the case publicly and made judgment. She then appealed
2002 Nov 10 Mrs Prak Sakhorn was informed by the Appeals court that her case would be heard on Oct 29.
2002 Oct 29 The Appeal court decide that Mrs Prak Sakhorn won the case.
2002 Dec 16 Mr. Hong Chhum current school |
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principal appealed the case to the Supreme court who then Appealed for a second trial.
2007 May 03 the Appeal courts heard the case for the second time, but upheld its previous ruling, giving the losing party enough time, as prescribed according to the law in order to appeal the ruling.
2008 Feb 04 Prime Minister Hun Sen, at the inauguration of a school in Kampong Speu, expressed his frustration of the second ruling of the Appeal courts, criticizing the decision the private party wins the case.
2008 Mar 04 planned hearing at the Supreme court was delayed
Please refer to the right for documents: map and plot. |
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Plot of Land Map Detailing Prak Sakhorn’s Land and School Prak Sakhorn’s Land Title issued
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Prak Sakhorn's Land Title
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TAKE ACTION!!
TRAINING AND EQUIPING
Human Rights Defenders in Monitoring and Reporting Human Rights Violations
Each Human Rights Defender monitors, reports and advocates against injustice and human rights violations in his/her communities
COSTS
15 US will provide one CCHR Human Rights
efenders with one official vest
Digital Cameras
Computers
15 US X 185 Human Rights Defenders in 200 districts
Total 2775 US
Email: info@cchr-cambodia.org |
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TO REPORT HUMAN RIGHTS VIOLATIONS PLEASE CALL

CAMBODIAN CENTER FOR HUMAN RIGHTS
NATIONAL HOTLINE
017 50 50 50
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THE CAMBODIAN CENTER FOR HUMAN RIGHTS
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House No 798, St 99, Boeung Trabek, Phnom Penh, Kingdom of Cambodia
Phone: (+855) 237-26901
Fax: (+855) 237-26902
E-mail: info@cchr-cambodia.org |
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CCHR is a non-governmental, non-political and independent human rights organization that envisions a Cambodian civil society where human rights and democracy are fully respected and that the people enjoy the benefits of development to
which they have fully participated. CCHR is seeking to be one of the main actors in building a strong foundation of democracy at the
grass-root level and it shall work on informing the public to create awareness on human rights and democracy concepts and principles.
CCHR also works to protect the rights of the victims of human rights violations. |
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