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| A backhoe demolishes the home of a villager in Preah Sihanouk province’s Keo Phos commune earlier this month. Photograph supplied |
19 March 2013
By May Titthara
The Phnom Penh Post
“What is wrong is the wrong process of the Court of Appeal and the provincial court, which carried out this verdict in violation of the law. The Ministry of Justice has to investigate carefully and find out why it is like this.”
After spending years locked in a land dispute, villagers in Preah Sihanouk’s Prey Nop district received a conclusion they could only have dreamed of: land whose provenance is still being litigated would be returned to them, homes that had been razed at the order of authorities would be rebuilt, all expenses paid. All of it settled in less than a day.
That unprecedented conclusion, however, came not at the behest of the courts, but thanks to an order issued by Prime Minister Hun Sen.
The premier directly intervened in the dispute on Sunday with a directive that voided a sub-decree granting the land to tycoon Cheam Phen - who owns the rights to Leo beer in Cambodia - following a court decision.
In a letter, Hun Sen ordered Deputy Prime Minister Bin Chhin, president of the national authority for land dispute resolutions, to fix the problem.
“The governor of Preah Sihanouk, all ministries and institutions concerned shall implement the decision from the day of signing,” the letter added.
In a separate letter, Hun Sen called on tycoon and CPP Senator Mong Reththy to allow the 49 families to stay on his compound while their homes are being re-constructed at Hun Sen’s expense and by Reththy’s construction company – an offer Reththy has made in the past.
Yesterday, the premier dispatched Reththy, Chhin and his son Hun Manith to the area to deliver the news in person.
In 2007, the Preah Sihanouk Provincial Court awarded the contested land to Phen. Villagers appealed the decision, which remained pending as of earlier this month, when authorities – after weeks of threats – bulldozed the homes of 21 families, many of whom had been living there for more than a decade.
Phen offered each family compensation and a 20-by-30-metre plot of land and home, but villagers rejected the offer, demanding a return of the land and new homes.
Their lawyers argued that an eviction should never have occurred before a verdict was issued, and the villagers’ calls for intervention escalated, culminating in a demonstration outside of Prime Minister Hun Sen’s Phnom Penh home.
For the thousands of families locked in land disputes across the country, such an action is usually the final word. Residents said yesterday they were unsure how they managed to escape the fate of so many of their countrymen, but knew who to thank.
“We will thank Samdech Hun Sen, because he saved our lives,” said 50-year-old Siv Lina. “We are happiest when we heard this declaration of the prime minister’s son. We have our land back, and it is like we are being born again.”
In a meeting with residents, Manith – who is the deputy chief of the National Authority for Land Dispute Resolution – said each family would receive a six-by-12-metre home located on five hectares of farmland.
“From now on, we are no longer worried about Cheam Phen,” said Siv Lina.
Phen could not be reached for comment, and Bou Bunheang, the Preah Sihanouk prosecutor who signed off on the eviction, said he did not know about the development and could not comment.
Rights groups have been aiding the residents but had mixed feelings about the high-level intervention.
Noting that he supported the assistance, Licadho provincial co-ordinator Bun Narith said that he was discomfited by the circumvention of judicial process.
“In this case, the Court of Appeal should review this verdict. There are a lot of cases where people suffer injustice,” said Narith.
“I think since Samdach Hun Sen sees too much injustice, he wanted to settle this issue urgently, because while it was still being processed at the Appeal Court, the land was cleared, thereby getting get rid of evidence. Also, the elections are nearing,” he added.
CCHR president Ou Virak said the premier’s work could be considered intervention but said it appeared necessary since the court ruled in error of the law.
“What is wrong is the wrong process of the Court of Appeal and the provincial court, which carried out this verdict in violation of the law. The Ministry of Justice has to investigate carefully and find out why it is like this.”
8 comments:
PURELY CORRUPTION IN LOCAL OFFICIALS,
DECHO SEN, NEEDS TO GO AFTER THIS LOCAL CORRUPTION OFFICIALS,
All the corruption are happening under the Hun Sen reigme of 33 years.
Nothing will change in the next 30 years if Hun Sen is alive.
Since Hun Sen wants too much power, his govt is broken down and in disarray.
Cambodia is a Banana Kingdom.
All this happen under hun sen's nose. He order his dogs to steal and rob khmer's land and sell to the high bidder. He use his dogs to bark and bite, intimidate and kill, when no one fight back he keep continue on. But this time, there are two problems for him. First is the coming election and second people keep fighting back. Now he is scare and pretend to be care. He pretend to know nothing and barking so loud that is so wrong. The land has to return to its rightful owner and the destroyed houses have to be built. The owner who know nothing about hun sen scheme are so happily thank him. For me I want to say FUCK YOU hun sen. I wish you to go to see sadam husen and moms gadhafi soon then you may rest in hell.
It seem the COURTs system in Cambodia don't work. They don't handed down decision9s) or let alone make decsion.
The KEY here is that who initiated the eviction(s), who made that decision and why Hun Sen all the sudden took interest and over rule the court...IT MEAN HUN SEN IS ABOVE THE LAWs IN CAMBODIA ...PEOPLE.
Lession here is it NOT OVER FOR the people that is being evicted. The issues is and will remain to be there and it may change it form to somethign else....and it WILL return with a VENGEANCE and the people will not have a land or house IN IT CURRENT FORM after this ELECTION
I believe some foreigh diplomats have made notes of this development, which Hun sen directly handed on the judicial system although his decision resulted in good deed to poor seemingly innocent families. But the main point is Hun Sen always goes out in public to declare that he can't interven with the court's decision. Why now? and what other cases that people and international urge him to do?
To avoid outright interfere with the monkey court, he should ask the land dispute resolution commitee to investigate the complaints then appointment the government prosecutor to go that court or appeal court to contest to overturn the ruling, When the judges see the prosecutor from the Hun Sen Government, those judges shit/pee on their pants. Yes it takes time but he would not be seen as directly involve with the judicail system. Those suffering poor people the Red Cross can take care or Mong Rithy easily handle them while the court is in process
CPP are always conveniently generous in their actions during election times.
Ding Dong dum dee dum dum dum!
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