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Phnom Penh (Cambodia), 11/02/2009. Former Dey Krohom residents insisted on entering the court room in the Municipal Court of Phnom Penh to attend the trial of three of them. (Photo: John Vink / Magnum)
11-02-2009 By Ros Dina Ka-set
On Wednesday February 11th, three residents of the Dey Krohom community – which last homes were destroyed on January 24th by the 7NG company – appeared before the Municipal Court of Phnom Penh to answer charges of destruction of private property and assault. Chan Vichet, Khieu Bunthoeun and Ms Ly Youleng are accused by the company of torching an excavator and throwing rocks and bottles filled with gasoline at three 7NG employees, in the night of December 3rd 2007. Back then, the tension was high between the two parties, with groups of youth hired by 7NG striving to provoke and intimidate the families refusing to leave.
Chan Vichet, the representative of the residents who were evacuated on 24 January, and two other activists appeared in front of the municipal court on Wednesday. The trio is accused of violent acts perpetrated on 3 December 2007.
Chan Vichet, the spokesman of the former residents of Dey Kraham, showed up at the Phnom Penh municipal court on Wednesday 11 Feb. He was accompanied by two other activists: Ly You Leng and Khieu Bunthoeun. The trio is accused by the 7NG Co. of “destruction of other people’s belonging” and of “fighting and hurting” on 03 Dec 2007.
On that 03 Dec 2007 day, Dey Kraham residents attacked workers of the 7NG Co. who brought in bulldozers to their area. They pelted the workers with rocks, the 7NG Co. alleged, and three of the 7NG workers were allegedly injured, one of them on the head.
At the dock, Chan Vichet was not allowed to discuss the details of the event, he was only allowed to tell his wish in regards to the court decision. Chan Vichet asked the court to dismiss this case, saying that he used a loudspeaker to call on the angry residents not to pelt rocks.
Ly You Leng, who is currently living in the Borey Santepheap II village located in Damnak Trayoeung where the 7NG dumped the former Dey Kraham residents, indicated also that, on the day of the incident, she told the residents that the 7NG was looking to provoke them, and that the residents should not go near the company’s bulldozers.
Seven witnesses confirmed the claims made by the activists, whereas the 7NG Co., which was not present in the audience, produced the depositions provided by 17 of its own witnesses consisting mainly of its own workers and security officers employed by the company. None of the 7NG witnesses were present in the court room.
The company brought up the lawsuit following the incident, and it asks for $10,000 in compensation for the damages incurred on the bulldozer and for the injuries inflicted on its workers.
Chan Vichet, Ly You leng and Khieu Bunthoeun appeared in court accompanied by two lawyers provided by the human rights group Licadho, Ham Sunrith and Sann Sokunthea, as well as by Ke Chamnan, the private lawyer for Khieu Bunthoeun.
The lawyers indicated that the 7NG Co. did not provide any details on the damage compensation, nor did the injured workers and the 7NG Co. representatives came to the court. Therefore, short of tangible proof, the case should be dismissed. “The victim (7NG) claimed that more than 200 people have pelted rocks … If this was true, how could they (7NG workers) get away with just a simple head injury?” Ke Chamnan asked.
On the other hand, Phlan Sophal, the prosecutor, asked the court to sentence the trio.
In the court room, numerous human rights activists were present and they can be distinguished by the blue krama (scarf) around their neck.
The court will issue its decision in the morning of Monday 16 Feb.
30 January 2008 By Mondul Keo Radio Free Asia Translated from Khmer by Socheata
The ongoing land dispute in Dey Kraham has reached violence one more time, and a local resident was injured with a gash on her head in the afternoon of 29 January.
Men Chenda, the injured woman, said that she was hit on her head and on several places of her body because of the rock throwing which she accused the employees of the 7NG company as being the perpetrators. She was hit when she tried to help one of her neighbor who was almost swept by a land clearing bulldozer.
Men Chenda said: “I went to help that old lady with the glasses when they moved the bulldozer (towards her). I went to help, then they (7NG company employees) threw rocks at me, they threw a lot of them at me. I only dodged, but a rock hit me on my neck, I dodged again and I was hit on the spine, and when I stood up one more time, I was hit right on my head.”
Dul Chantha, the elderly woman with the glasses said: “If they want to bulldoze me to kill me, let them kill me, I have no regret to die for Dey Kraham, for the more than 200 families living here, we (residents) are human beings, we are not dogs, we are not animals. We want money, we want a house to live in, just like others, we don’t want to live in anarchy like this, we do not accept it. We went to the prime minister (Hun Sen) to ask for his intervention because these lackeys of the 7NG company, including the commune chief, they are so bad, they dressed up in uniform to threaten the residents, all the residents, they throw rocks on the resident’s heads, and they brought a bulldozer to clear our land.”
The 7NG company could not be contacted in the afternoon of 29 January. Khat Narith, the Tonle Bassac commune chief denied the accusation made by the residents that he was the one who led the confrontation.
Khat Narith said: “At this time, there is nobody providing me any report yet, and they asked if I went to lead the (7NG company) attackers. Up to now, I didn’t see any report from the village chief about any problem yet. Let the residents show proof that I led the (7NG company) attackers, do they have any documents, any photos that show that I led the attackers?”
Man Chhoeun, the deputy governor of the city of Phnom Penh, said that he does not know yet about the dispute reaching violence where one resident was injured.
Man Chhoeun said: “Yesterday, I was busy meeting with students coming from Japan, they want to know about me providing funds to the poor. I did not know about the information (of the violence in the land dispute). I was busy all day long.”
The Dey Kraham land dispute pitting the 7NG company and the local residents is ongoing for several months already, it stems from a disagreement in the compensation to be paid by the 7NG company to the residents as the price of lands keep on increasing.
The 7NG company and Phnom Penh authorities are deliberately creating an extremely volatile situation through their renewed provocative actions toward the Dey Krahorm community, LICADHO said today.
"This campaign of provocation and harassment of the community must be stopped before it further spins out of control," said LICADHO director Naly Pilorge. "The company and the authorities seem to be playing a very dangerous game of trying to incite disorder by the community at any cost, in order to be able to blame them for whatever occurs."
For the past three nights, 7NG workers and police have persistently attempted to place roadblocks on the two main public streets leading to Dey Krahorm, provoking repeatedly confrontations with community residents which culminated last night with the burning of a truck used in one of the roadblocks. Residents claim that it was 7NG workers themselves who set the truck alight, in order to accuse the community of doing it.
Tensions have escalated since 7NG workers, protected by numerous police and military police, began blocking the two roads with empty gasoline drums at 3.30am on Saturday night. Residents, fearing that access in and out of their homes would be cut, reacted by pushing the drums to the side of the road and preventing the workers from filling them with water to weigh them down.
Police maintained a loose cordon of the area throughout the night and most of Sunday. About 9.30pm on Sunday night, 7NG workers again tried up to fill the drums with water. A crowd of residents once more prevented this, and pushed the drums out of the way. Later that night, company workers re-positioned the drums, along with a parked truck, across the road to block access to Dey Krahorm from Sothearos Bvld.
On Monday, company workers or police in civilian clothes who were manning the roadblocks prevented people from delivering supplies to Dey Krahorm market - an apparent attempt to cut off the livlihoods of many community residents who make an income selling goods at the market.
About 9pm on Monday night, 7NG workers successfully filled the drums with water and placed them across the second access road to Dey Krahorm, nearby the National Assembly. Residents once more knocked down the drums, removing the roadblock.
Meanwhile, at about 10pm police and company workers suddenly withdrew the other road block, off Sothearos Blvd. A truck which had been positioned in the street as part of the roadblock since the beginning was driven away. However, about 30 minutes later the truck returned and was parked by company workers about 100m closer to Dey Krahorm than its previous position, and petrol drums were placed around it to block the rest of the street. Minutes later, as residents gathered in front of the new roadblock, electricity was cut to streets lamps and the nearby Ministry of Senate and National Assembly Relations, plunging the area into darkness.
After residents ran to the drums to push them aside, rocks were thrown between them and the 7NG workers. As the residents retreated, in the face of thrown rocks, the cab of the truck suddenly burst into flames. Eyewitnesses claim that, shortly before the flames erupted, two 7NG workers ran near to the truck and then retreated quickly away from it.
Fire engines speedily arrived on the scene to douse the flames, as 7NG workers photographed the fiercely-burning vehicle. Human rights workers who examined the scene afterward found a broken bottle with traces of gasoline in it and a cigarette lighter lying on the road nearby the truck. A second bottle smelling of gasoline was found in the scorched remains of the truck's cab.
Meanwhile, in an apparently related but unexplained incident, eyewitnesses say that a man dressed in black clothes approached Dey Krahorm from the opposite direction - while most villagers were watching the burning truck - within minutes of the fire starting. The man was seen to deposit something in the ruins of a demolished house, before quickly leaving the area. Residents who went to investigate found a bunch of bamboo sticks with gasoline-soaked rags on the tops of them.
"To say the least, everything that happened around the time of the fire was highly suspicious, particularly the fact that the truck was driven away for half an hour beforehand and the street lamps were cut just before the fire started," said Naly Pilorge.
"Though it is impossible to be absolutely certain of how the fire started, it seems that at the very least 7NG and the authorities wanted something exactly like this to happen. By repeatedly trying to impose these roadblocks under the cover of darkness in the middle of night, they created an extremely tense situation which it seems they wanted, one way or another, to get out of control."
LICADHO urges the authorities not to use the truck fire as a pretext to evict the remaining families from Dey Krahorm or, unless there is credible incriminating evidence, to file criminal charges against residents. At least 13 residents, including six community representatives, already face criminal charges - nearly all filed without any credible evidence - in relation to property damage or other alleged crimes against the 7NG company or local authorities.
"These roadblocks are the latest in a long campaign of harassment and incitement of the community which must stop," said Pilorge. "It is time for the Phnom Penh Municipality to step in and ensure that the situation is defused, not further escalated - if it does not, and further violence or damage occurs at Dey Krahorm, the responsibility for this will lie squarely with the municipality, police and 7NG company."
LICADHO calls for the Phnom Penh Municipality to immediately order the roadblocks' removal, and the 7NG company to cease all provocative actions and to negotiate seriously with the remaining Dey Krahorm families to find a fair solution to the ongoing land dispute acceptable to both sides. LICADHO also notes that the Phnom Penh Municipal Court has yet to hear a lawsuit filed by the families to defend their land and property rights, and any eviction of them prior to the court ruling on their case would be unacceptable.
For more information, please contact: Ms Naly Pilorge, LICADHO Director, 012 803 650 Mr Chheng Sophors, LICADHO Senior Monitor, 012 879 795
The man in black is a 7NG employee on duty. Video was captured by LICADHO-Canada.
Since the night of Saturday January 5, 7NG company workers and police have persistently attempted to place roadblocks on the two main public streets leading to Dey Krahorm village in Phnom Penh, repeatedly provoking confrontations with community residents which culminated on the night of January 7 with the burning of a truck used in one of the roadblocks. Residents claim that it was 7NG workers themselves who set the truck alight, in order to accuse the community of doing it.
Tensions have escalated since 7NG workers, protected by numerous police and military police, began blocking the two roads with empty gasoline drums at 3.30am on Saturday night. Residents, fearing that access in and out of their homes would be cut, reacted by pushing the drums to the side of the road and preventing the workers from filling them with water to weigh them down.
Police maintained a loose cordon of the area throughout the night and most of Sunday. About 9.30pm on Sunday night, 7NG workers again tried up to fill the drums with water. A crowd of residents once more prevented this, and pushed the drums out of the way. Later that night, company workers re-positioned the drums, along with a parked truck, across the road to block access to Dey Krahorm from Sothearos Bvld.
On Monday, company workers or police in civilian clothes who were manning the roadblocks prevented people from delivering supplies to Dey Krahorm market - an apparent attempt to cut off the livelihoods of many community residents who make an income selling goods at the market.
Heated Night
About 9pm on Monday night, 7NG workers successfully filled the drums with water and placed them across the second access road to Dey Krahorm, nearby the National Assembly. Residents once more knocked down the drums, removing the roadblock.
Meanwhile, at about 10pm police and company workers suddenly withdrew the other road block, off Sothearos Blvd. A truck which had been positioned in the street as part of the roadblock since the beginning was driven away. However, about 30 minutes later the truck returned and was parked by company workers about 100m closer to Dey Krahorm than its previous position, and petrol drums were placed around it to block the rest of the street.
Minutes later, as residents gathered in front of the new roadblock, electricity was cut to streets lamps and the nearby Ministry of Senate and National Assembly Relations, plunging the area into darkness. After residents ran to the drums to push them aside, rocks were thrown between them and the 7NG workers. As the residents retreated, in the face of thrown rocks, the cab of the truck suddenly burst into flames. Eyewitnesses claim that, shortly before the flames erupted, two 7NG workers ran near to the truck and then retreated quickly away from it.
Fire engines speedily arrived on the scene to douse the flames, as 7NG workers photographed the fiercely-burning vehicle. Human rights workers who examined the scene afterward found a broken bottle with traces of gasoline in it and a cigarette lighter lying on the road nearby the truck. A second bottle smelling of gasoline was found in the scorched remains of the truck's cab.
"To say the least, everything that happened around the time of the fire was highly suspicious, particularly the fact that the truck was driven away for half an hour beforehand and the street lamps were cut just before the fire started," said LICADHO director Naly Pilorge. "By repeatedly trying to impose these roadblocks under the cover of darkness in the middle of night, they created an extremely tense situation which it seems they wanted, one way or another, to get out of control."
"It is time for the Phnom Penh Municipality to step in and ensure that the situation is defused, not further escalated - if it does not, and further violence or damage occurs at Dey Krahorm, the responsibility for this will lie squarely with the municipality, police and 7NG company."
By repeatedly trying to impose these roadblocks under the cover of darkness in the middle of night, they created an extremely tense situation which it seems they wanted, one way or another, to get out of control to prevent supplies being delivered to Dey Krahorm market, because the municipality has suddenly decided to build a public park at the location. No explanation has been given for why the municipality wants to create such a park at this time - in the middle of a heated land conflict in the area - or of why 7NG company workers are involved in putting up the roadblocks. In fact, theaction appears be a clear attempt to cut off the livlihoods of many Dey Krahorm residents who make an income selling goods at the market - creating additional pressure on them to agree to give up their land to 7NG.
History of harassment
These roadblocks are the latest in a three-year campaign of harassment and intimidation of the community to coerce them to surrender their land to 7NG in return for new apartments on the outskirts of Phnom Penh, 20km away, or cash payments of far below the market value of the land. 7NG effectively claims that residents have no choice but to leave because of a contract signed by their former community representatives with the company in January 2005. Residents say they were never consulted about the contract and did not agree to it, so it is invalid. Many residents have accepted 7NG's terms and moved out, voluntarily or otherwise, but the remaining ones continue to struggle to defend their land and property rights.
In recent months, the pattern of provocation, intimidation and harassment of Dey Krahorm residents and, particularly, their community representatives, has included:
• On August 29, 7NG brought construction workers equipped with sharpened crowbars and hatchets into Dey Krahorm to try to dismantle several wooden shelters. When residents peacefully tried to prevent this, police instructed the construction workers to break through the crowd of protesters - which could have easily provoked a violent confrontation. During the incident, a 7NG worker handcuffed a female community representative who was protesting peacefully.
• On September 27, a 7NG security guard complained to police that a Dey Krahorm community representative had stolen his telephone. This followed a brief scuffle when the guard used his phone to photograph the female representative during a press conference, and the phone fell to the ground. The 7NG guard left his phone on the ground and immediately went to the police to complain the representative had stolen it from him. The phone was given to police by the community. The representative was later charged with robbery – which carries a sentence of up to 10 years' imprisonment - despite the total lack of evidence that any such crime occurred.
• On the night of December 3, 7NG employees attempted to bring a large mechanical excavator into Dey Krahorm, which provoked an angry reaction from community residents who feared the machine would be used to knock down their houses. Some residents in the crowd - many of them children - began throwing stones at the excavator. While police present made little attempt to intervene or to calm the crowd, community representatives tried to quieten the angry crowd and appealed to them through loudspeakers to stop throwing stones, which they did However, once more, these same representatives subsequently were charged by the municipal court.
LICADHO calls for the Phnom Penh Municipality to immediately order the roadblocks' removal, and the 7NG company to cease all provocative actions and to negotiate seriously with the remaining Dey Krahorm families to find a fair solution to the ongoing land dispute acceptable to both sides.
LICADHO urges the authorities not to use the truck fire as a pretext to evict the remaining families from Dey Krahorm. Phnom Penh Municipal Court has yet to hear a lawsuit filed by the families to defend their land and property rights, and any eviction of them prior to the court ruling on their case would be unacceptable.
Since the beginning of the land dispute, at least 13 residents, including six community representatives, already face criminal charges - nearly all filed without any credible evidence - in relation to property damage or other alleged crimes against the 7NG company or local authorities.
Phnom Penh (Cambodia), 11/02/2009. Former Dey Krohom residents insisted on entering the court room in the Municipal Court of Phnom Penh to attend the trial of three of them. (Photo: John Vink / Magnum)
