Tuesday, August 08, 2006

Man forced to give up his land to rubber plantation owner under duress by a reserve investigating judge for the ECCC

Tuesday, August 8, 2006
2 Protesters Released After Land Is Forfeited

By Prak Chan Thul
THE CAMBODIA DAILY


Kompong Cham Provincial Court released two land dispute protesters Monday after obtaining a signed agreement from one of the jailed men forfeiting his claim to a disputed 2-hectare plot officials said.

Tann Heng, 45 and Hor Nguon Leng, 63, were arrested Thursday and held in prison on charges of obstructing bulldozers belonging to the Boeng Ket rubber plantation, which were attempting to clear 431 hectares of land also claimed by 173 families in the province's Stung Trang district.

Hor Nguon Leng signed a document giving up his rights to a 2-hectare plot in the presence of provincial court Investigating Judge Thong Ol, his daughter, Leng Sambo, 37, and a rights worker said.

"He thumbprinted [the document] giving the land to them. We will think about it later, I just want [my father] released first," Leng Sambo said by telephone.

"We feel pity that we have lost the land, but how could we win," she added.

Contacted by telephone, Thong Ol who has been appointed by the government to the position of reserve investigating judge for the Extraordinary Chambers in the Courts of Cambodia, said he was too busy to discuss the case.

"This is against legal principle," said Neang Sovat provincial coordinator for local rights group Adhoc. Hor Nguon Leng was forced to sign the documents under duress in prison and the signed document is therefore illegal, Neang Sovat said.

"The thumbprint was given during intimidation and extortion.... This is like an arrest to extort land from someone," he said.

The dispute between the 173 families and the Boeng Ket plantation should have been resolved by the National Authority for the Resolution of Land Disputes, Neang Sovat added.

Provincial Court Chief Prosecutor Penh Vibol said the decision to release the men was taken after Hor Nguon Leng agreed to relinquish his claim to the land. He added that the court would "deal later" with Tann Heng's family.

"We didn't violate legal procedures," said Penh Vibol, adding that their court neither acted improperly nor pressured the two men.

But Penh Vibol warned: "If they are released on bail and they go back and grab the land, who would release them on bail a second time?"

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