18-Month Sentences in Dey Krahorm Case [-Parody of justice at its zenith: The land-robber get away free, the victims are sent to jail]

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
16 February 2009

Phnom Penh Municipal Court on Monday sentenced three former residents of the Dey Krahorm neighborhood in Phnom Penh to 18 months in jail, for the destruction of property and assault on security guards.

Chan Vicheth, 31, Khieu Bunthoeun, 39, and Ly Youleng, 62, were each found guilty for taking part in the Dec. 3, 2007, vandalization of a bulldozer and the injury of two guards.

The incident followed plans by the 7NG company to evict villagers from Dey Krahorm and move them to the outskirts of the city. That eviction finally took place in force earlier this year, with hundreds pushed out of the Chamkarmon district neighborhood.

However, at the time, villagers had fought the company for their right to stay or be better compensated to move.

Judge Chey Sovan sentenced each man to 18 months, plus five years probation and payment of compensation of $200 to the company, $250 to one guard, Ing Var, and $50 to another, Sok Kosal.

“They were the victims,” the judge said.

Horm Sunrith, lawyer for the accused, called the verdict “unjust,” citing a lack of evidence and differing accounts among the company’s witnesses.

No 7NG representatives were present at the hearing Monday, and none could be reached for comment.

They destroyed their homes, stole their land, and now they sentenced them to jail term: Justice under Hun Sen

Phnom Penh (Cambodia).16/02/2009: While the verdict was issued against three Dey Krohom representatives, some 30 residents were organising a sit-in in front of the Municipality. (Photo: John Vink / Magnum)

Court sentences three evicted residents of Dey Krohom for destruction and assault

16-02-2009
By Ros Dina
Ka-set

On Monday February 16th, the Municipal Court of Phnom Penh issued its verdict in the case of three Dey Krohom residents, who had appeared before the Court on February 11th following a complaint filed against them by the 7NG company and some of its employees for destruction of private property and assault. The three defendants were condemned to suspended prison sentences – 20 months for Khieu Bunthoeun, including four days in prison, which he already served, and 18 months for Chan Vichet and Ms Ly Youleng – and five years of probation.

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Three Dey Krohom residents in court following a complaint by 7NG company

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.

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The 7NG Co. took away their land, demolished their homes, and it even brought them to court: Justice Hun Sen regime-style?

Chan Vichet appearing in front of the court room (Photo: KK, Cambodge Soir Hebdo)

Dey Kraham: Chan Vichet faces the court

12 Feb 2009
By Kang Kallyan
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French

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.

Kh-nhom Min Prom Leuy - "Do Not Agree": A protest song by Dey Krahorm Residents

Click To Play

Click here to download the song (MP3 format)

Written by community leader, Chan Vichet, in response to the Municipality’s final offer of $20,000. Recorded by John Vink (www.johnvink.com) 5 days before violent eviction of Dey Krahorm.

Do Not Agree

Chorus: We do not agree….

1. They have told us to dismantle our houses to move away. They would evict us on the 30th [last month]. They came to force us to dismantle our house. If we do not follow them, we will meet bad luck.
2. The valuable land, Oknha [rich man] has a lot of money in his hand. He walks around and cheats people to make villagers worry. They let us stay for 3 days. We could not decide to do anything. We only wish the Buddha would help us stop worrying.
3. Everyday we absolutely worry and feel confused in our minds. They have given us one price, which we weren’t allowed to consider in advance. They said $20,000, so we do not agree.
4. They want to take our land and force us to sell to them for $20,000. How can we?! Please Buddha help us. Do not come to attack us for $20,000. Do not compel us to sell you our houses, we will not agree.
5. Pity us, please do not bond us tightly. Do not use your power to violate the poor. We are poor, we do not have money and property. Please have mercy, have pity on us.

No, no, no I don’t agree, no, no, no
No, no, no I don’t agree, no, no, no
No, no, no I don’t agree, no, no, no
No, no, no, I don’t agree, no, no no

Chorus: It is too cheap…

Dey Krahorm: Sit-in in front of the National Assembly

Chan Vichet (standing) with former Dey Krahorm residents held a sit-in in front of the National Assembly (Photo: DR, Cambodge Soir Hebdo)

26 Jan 2009
By Kang Kallyann and Adrien Le Gal
Cambodge Soir Hebdo
Translated from French by Tola Ek
Click here to read the article in French

"This is worst than under the Khmer Rouge! At least, when the Khmer Rouge evicted people, they didn’t destroy their homes” - Srey Vann, evicted resident from Dey Krahorm

Chan Vichet, representative of the residents, did not obtain satisfaction from the city hall which claimed that the forced eviction of the residents voids the $20,000 compensation offer promised earlier for each family.

About 50 people evicted from Dey Krahorm slum on Saturday 24 January have gathered in front of the National Assembly on Monday 26 January.

Chan Vichet, the representative of the former residents of Dey Krahorm, explained: “We met with the city hall this morning. But, they don’t seem to be interested in our fate. The authorities only promised housing in Phnom Penh for blind musicians Kong Nay and Neth Pé who were also evicted. This is unfair because we are all facing difficult circumstances, and the city hall is trying to divide us further.”

Chan Vichet who were not present in Dey Krahorm during the forced eviction, told “Cambodge Soir Hebdo” that he was in hiding since Friday 11PM, for fear of being arrested just like 8 other activists did.

According to Chan Vichet, the authority and the 7NG company withdrew their $20,000 indemnification offer for each family, an amount planned for the case the residents accept to vacate the area voluntarily. For the time being, only a relocation offer at Damnak Trayoeung, located 16 km from Phnom Penh, is on the table.

Furthermore, only 91 families are eligible for relocation, whereas 152 families were evicted from the spot, Chan Vichet indicated.

During the night of Sunday to Monday, several of the former residents slept along the quay, while others stayed at the Licadho office building.

“I was not able to take out my belonging,” 22-year-old Srey Vann said in front of the National Assembly. “What I tried to take out was destroyed by flame throwing guns. At that moment, my mother passed out and she injured herself on her head. This is worst than under the Khmer Rouge! At least, when the Khmer Rouge evicted people, they didn’t destroy their homes.”

63-year-old Vong An returned back from Damnak Trayoeung where she was dumped after the eviction. “Over there, it is not built for human beings, there are feces everywhere. If I can get some money, I will give it to my daughter and my grandchildren, as for me, I will live and sleep in a pagoda. I don’t want them to live in Damnak Trayoeung.”

“I spent 10,000 riels ($2,50) to return back from there … Tonight, maybe, I will sleep in front of the National Assembly, I don’t have enough money to return to Damnak Trayoeung.”

By the end of Monday afternoon, bulldozers have completed leveling down Dey Krahorm and removing rubble from the eviction.