Analysis Report on the Rattanakiry First Instance Court Try to Locate Fault Against Prominent ADHOC Staff

http://www.box.net/shared/6h4of6n14a2tbuua2g4r

13 October 2011
Report by Ouch Leng

The chronic land dispute between136 families of Tumpoun’s indigenous people with DM Group company over 260 hectares stretched from 2005, is was not resolved. In contrast at least found that 18 people are charged with crime in which 3 of human rights defenders, one from Radio Free Asia and other one from forest community. They were charged by court following criminal complaint from company since 2008 when Mr. Yang Thorn,land representative was also imprisoned for more than one year counted from 27 November 2008.

Up to this year of 2011, from judge to judge of Rattanakiry court, they try to find guilty to Mr. Mr. Pen Bunna again and again with the aim to harass, intimidate him to stop working with this land case. Especially Investigative Judge, Mr. Thoa Sarorn did not find any guilty to Pen Bunna and successively Mr. Lao Loch also taken criminal case No. 283 dated 24 Nov 2008.

Today, 13 October 2011, Pen Bunna, Chhay Thy (ADHOC) and Ratha Visal (RFA) were questioned by new Investigative Judge, Mr. Lao Loch over incitement to commit crime: ( Burning bridge of company).

In the Beginning, Judge interrogated thoroughly Ratha Visal when he worked at field with Pen Bunna during the workshop, training or dissemination of Human Rights, Laws to community that had land conflict with DM Group company. Ratha Visal answered that Pen Bunna always advised community how to use peaceful and non violent strategy in resolution of land dispute.

Mr. Chhay Thy was interrogated next after Ratha Visal; he was unaware of the event when he was ADHOC activist during the event. He followed after Pen Bunna at field work in training, dissimination of human rights land laws to affected community and advised how to use peaceful method in advocacy, Chhay Thy said.

In the afternoon, Pen Bunna was interrogated lastly by the same judge, he answered that on 22 Nov 2008 he organized and accompanied human rights working group of the senate to visit and study field at Tapang interview community and fact finding. During that time he was unaware of Bridge’s Burning yet. He added that he never led or incited people to use violence during the training or dissemination course on human rights and laws to affected community.

After questioning, 3 accused were not arrested by Judge yet.

Remember that, Bunna and Chhay Thy were interrogated by former investigative judge, Thoa Sarorn dated back on4th Aug 2009. The Judge did not find any guilty to them.

In analysis of legal procedure, Rattanakiry court was unfair, biased to company. The court try to take criminal action against poor people, against community’s supporters as well. Whereas victim’s complaints were not taken action, in specific one Tumpoun man named Soeurng Yarat on 22 June 2009, he was shot injured for lifetime in his thigh by DM Group gard, even they found guilty and enough evidence were shown to court,this case is still on hold.

And another case happened on 3oNov 2008, hut and shelters of farmers were burned down by company’s guards,this case also not taken action by court.

ករណីទំនាស់ដីធ្លីនេះ យើងអាចនិយាយបានថាតុលាការនេះមិនមានភាពឯករាជ្យ មានភាព​លំអៀង​ទៅ​ភាគីក្រុមហ៊ុនមានចេតនាឃុបឃិតវាយប្រហារអ្នកការពារសិទ្ធិមនុស្ស​ទោះជារក​មិន​ឃើញ​នូវកំហុសព្រហ្មណទណ្ឌណាមួយក៏ដោយ។

អានុសាសន៏ៈរដ្ឋាភិបាលមិនត្រូវទុក បណ្តោយឲ្យតុលាការខេត្តនេះ ចូលរួមជាមួយក្រុមហ៊ុន​ទុច្ចរិត ធ្វើការគៀបសង្កត់ ធ្វើទុក្ខបុកម្នេញមកលើអ្នកភូមិរងគ្រោះ ដោយមិនបានផ្តល់យុត្តិធម៌ ជូនអ្នកភូមិទាល់តែសោះតែបែរជាចាត់វិធានការផ្នែកច្បាប់ដើម្បីប្រយោជន៏ក្រុមហ៊ុនទៅវិញ។ តុលាការបែបនេះមិនគួរមានវត្តមាន ដើម្បីឲ្យប៉ះពាល់ដល់កិត្តិយសតុលាការដទៃទៀត ដែល​បាន​ផ្តល់​នូវភាពយុត្តិធម៌។

រដ្ឋាភិបាលត្រូវតែចាត់វិធានការជាបន្ទាន់កុំទុកបណ្តោយឲ្យតុលាការជាឧបសគ្គក្នុងការអភិវឌ្ឍន៏​ប្រទេស​ជាតិជាពិសេសជាគំរូមិនល្អ ដឹងសុះសាយជាសាធារណៈអាចនឹងប៉ះពាល់ដល់​យុទ្ធសាស្ត្រ​កំណែទំរង់ប្រព័ន្ធយុត្តិធម៌នៅកម្ពុជា។

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