Rights staffers questioned

Friday, 14 October 2011
May Titthara
The Phnom Penh Post

Two staff members of a human-rights group and a journalist had maintained their innocence in the Ratanakkiri Provincial Court while appearing on charges of incitement in connection with a long-running land dispute, rights workers said yesterday.

Adhoc provincial co-ordin-ator Pen Bonnar, Adhoc monitor Chhay Thy and Radio Free Asia reporter Ratha Visal were issued with summonses by provincial court prosecutor Luch Lao at the beginning of last month.

The incitement charges relate to a prolonged land dispute in Lumphat district involving the private rubber company DM Group, which villagers have alleged encroached on 260 hectares of their land.

Pen Bonnar and Chhay Thy left the province in July, 2009 to avoid the charges, but returned last year.

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).

Prosecuter cries foul over 2009 broadcast

Tuesday, 06 September 2011
Tep Nimol
The Phnom Penh Post

The Ratanakkiri provincial court issued summonses to two staff from a rights group and one journalist for allegedly inciting villagers to protest against a company involved in a long running land dispute in the province, rights workers said yesterday.

Ratanakkiri provincial court prosecutor Luch Lao issued the summonses to Pen Bunna, provincial coordinator of Adhoc, Chay Thy, an Adhoc monitor, and Ratha Visal, a reporter for Radio Free Asia, they said. They were ordered to appear in the court on September 19 to answer questions over comments they made in a news broadcast in 2009.

“I respect the court’s procedures and will show up. I have no fear because I have done nothing wrong,” Pen Bunna said. His colleague Chay Thy echoed his sentiments, saying he had nothing to fear because he had done nothing wrong.

Both Adhoc workers had left the province after facing similar charges in July of 2009, but they returned last year. Ratha Visal declined to comment.

Human rights in jeopardy in Rattanakiri: UN OHCHR

Land dispute in Rattanakiri in 2008 (Photo: J.L., Cambodge Soir Hebdo)

Monday 14 September 2009
By J.B.
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French

The UN Office of the High Commissioner for Human Rights (OHCHR) demands for an end to harassments against human rights defenders in the province of Rattanakiri.

Because he tried to help villagers who are about to be evicted from their lands, Pen Bonnar, the coordinator for the Adhoc human rights group, as well as Ratha Visal, a reporter for Radio Free Asia, are summoned to show up in court on 14 and 15 September, respectively. The cause for the summons: alleged incitation leading to criminal enterprises, and inciting villagers to use violence and to occupy land illegally.

According to the OHCHR communiqué, Pen Bonnar and Ratha Visal led a long term fight to defend the rights of communities that saw their lands, i.e. their earnings, taken away from them. The two defenders continued their action in spite of the harassments and intimidations dispensed by the local authorities and the court. Furthermore, in August, Judge Thor Saran from the Rattanakiri provincial court, told Pen Bonnar to leave the province, otherwise, he could face lawsuits for “incitation.”

During these past few years, the central and provincial authorities have increased the number of lawsuits using “incitation” charges in order to intimidate human rights defenders who are involved helping land dispute victims, and who demand the respect of the victims’ rights, as stipulated in the Constitution, the OHCHR indicated in its communiqué.

Adhoc decided to withdraw Pen Bonnar from Rattanakiri in order to prevent any attempt against him.

Since then, alleged corruption and professional mistake by the judge have surfaced and a complaint against him is now lodged at the Supreme Council of Magistracy.

The OHCHR indicated that these practices were solely aimed at harassing Pen Bonnar and Ratha Visal, and through them, other human rights defenders as well. The OHCHR is concerned that the aim of this strategy is to restraint the fundamental freedom of assembly and expression under a climate marked by numerous unresolved land disputes.

Therefore, the OHCHR called on the local authorities to stop “all harassment and all intimidation attempts” against human rights defenders in the province. Furthermore, the OHCHR called on the local authorities to get in contact with the communities involved regarding land property problems in order to resolve them through fair and legal manners, as required by the law.

CCHR asks the Supreme Council of Magistracy (SCM) to investigate of the practices of Ratanakkiri Provincial Court Judge Thor Saran

Cambodian Center for Human Rights

Media Statement

Phnom Penh, September 10, 2009
For Immediate Release

The Cambodian Center for Human Rights (“CCHR”) sends a request to the Supreme Council of Magistracy to investigate the alleged improper conduct of Judge Thor Saran in relation to the on-going land conflict between ethnic minorities and the DM Group in Ratanakkiri Province. The CCHR today sent a letter to the Supreme Council of Magistracy (SCM) requesting an investigation of the practices of Ratanakkiri Provincial Court Judge Thor Saran in relation to the land conflict in Lumphat district between ethnic minorities and the private DM Group. There is an unresolved question as to who owns the land in Lumphat district: the private DM group, or the local villagers.

According to media reports and investigations performed by the CCHR, Judge Thor Saran may be in violation of the Cambodian Criminal Procedure Code as well as the SCM’s Code of Ethics for Judges.

First, the CCHR asks the SCM to investigate the alleged exchange of land for the release of prisoners in Lumphat district. According to media reports, Judge Thor Saran allegedly released imprisoned villagers, who were arrested for protesting against the DM group, in exchange for 100 hectares of land.

Second, Judge Thor Saran’s comments regarding the dropping of charges of incitement to terrorism against human rights defender PEN Bonnar, if the latter apologised and left Ratanakkiri, may be contrary to the SCM’s Code of Ethics. Judge Thor Saran was quoted on 6 August 2009 in the Cambodia Daily newspaper as saying, “I just proposed it to the ADHOC president in Phnom Penh to consider. It is just showing a way so that it would be beyond the court’s territory, so the case could be dissolved.” This comment appears to amount to an ultimatum. PEN Bonnar has since been removed from Ratanakkiri and transferred to Phnom Penh.

Finally, the CCHR opines that Judge Thor Saran may have acted improperly when he dismissed a letter by an Adhoc legal representative to release imprisoned villagers in Lumphat district. The DM Group had filed a complaint in April 2009 against villagers for planting crops on the disputed land and these villagers were arrested. When an Adhoc lawyer protested these arrests and sent a letter to Judge Thor Saran, the latter rejected the letter. The CCHR believes that the Judge should have first decided who owns the land in question before deciding on the DM group complaint.

For these reasons, the CCHR respectfully submitted a letter to the SCM requesting an investigation into the practices of Judge Thor Saran.

For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org

Group Urges Protection of ‘Rights Defenders’

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
04 September 2009

The Hong Kong-based Asian Human Rights Commission issued a statement Friday calling for the government to end its threats against rights defenders in the courts and to instead focus on rights protection in the interest of the public.

The public call comes following the ejection of Pen Bunnar, an advocate for the rights group Adhoc, from Ratanakkiri province, under threat from the provincial court, and charges of incitement against two rights workers in Bantheay Meanchey province.

“The Asian Human Rights Commission strongly urges the Cambodian government to honor all its international human rights obligations, and, in particular, to support the rights of all its citizens, human rights defenders and NGOs to undertake activities that promote and protect human rights and fundamental freedoms in Cambodia,” the group said. “The government and its agents must provide adequate protection to all human rights defenders.”

Pen Bonnar was forced from Ratanakkiri province after the court threatened to charge him with defamation, disinformation and incitement, “apparently under pressure from powerful persons interested in the exploitation of the resources that are supposed to belong to the indigenous people in the area,” the group said.

Om Yienteng, head of the government’s rights commission and a senior adviser to Prime Minsiter Hun Sen, welcomed the message, saying it showed the rights group “believes in the Cambodian government.” However, he said, the group’s concerns were not based on fact.

The rights commission said advocates had “not been secure in their work,” citing 2008 figures from Adhoc of “63 cases of threats of various forms, including arrests, against hundreds of defenders.”

CCHR Concerned By Removal Of Pen Bonnar From Ratanakiri Province

CAMBODIAN CENTER FOR HUMAN RIGTHS

PRESS RELEASE
Phnom Penh - 9 August 2009

CCHR CONCERNED BY REMOVAL OF PEN BONNAR FROM RATANAKIRI PROVINCE

The Cambodian Center for Human Rights (CCHR) is deeply concerned by the role played by a Provincial Municipal Judge in the recent removal of Cambodian Human Rights and Development Organisation (ADHOC) activist Pen Bonnar from his position as Ratanakiri provincial coordinator. The CCHR calls on Judge Thor Saran to clarify his recent comments in relation to charges against Mr. Pen and to explain his role in the removal of the provincial coordinator from Ratanakiri. The CCHR is concerned that the case of Pen Bonnar represents evidence of a practice in Cambodia whereby the threat of legal charges is used to silence the voices of human rights activists and to curtail freedom of expression.

The removal of Mr. Pen from Ratanakiri follows an extrajudicial and ultra vires request by Judge Thor to the administration of ADHOC that they remove Mr. Pen from the Province. In so doing, Judge Thor advised, ADHOC would remove Mr. Pen from the jurisdiction of the Provincial Municipal Court of Ratanakiri thereby ensuring that charges of incitement against him would be dropped; “it is easy to end the case and the court can compromise, drop his case and avoid [his] detention”.

Although ADHOC deny that the decision to remove Mr. Pen from the province was made at the suggestion of Judge Thor, the timing of the decision tends to suggest otherwise. Since the removal of Mr. Pen and his reassignment to Svay Rieng Province, Judge Thor has stated that charges of inciting terrorism have been initiated against Mr. Pen. The Ratanakiri Provincial Police and Prosecutors have denied any knowledge of the existence of such a charge against Mr. Pen.

The campaign against Mr. Pen Bonnar arises from his role in a 4 year land dispute in Lumphat district between the developer DM Group and ethnic minority villagers in Ratanakiri Province. In November 2007, violence broke out when members of the ethnic community, who had congregated at the courthouse in Banlung to protest the land dispute at the suggestion of ADHOC, clashed with armed police. Judge Saran has since alleged that Mr. Pen Bonnar had orchestrated the violence in order to facilitate the escape of two men from police custody. Mr. Pen has denied these allegations stating that although he had told the villagers to protest at the court he had told them not to resort to violence.

The CCHR opines that the extent of Mr. Pen’s role in the November 2007 incident was to encourage the ethnic villagers to exercise their fundamental and democratic freedoms of expression and assembly. By alleging that these actions are tantamount to terrorism Judge Thor has displayed a distinct misunderstanding of democracy and the law. Furthermore, by threatening legal action against Mr. Pen so as to ensure his removal from Ratanakiri and his replacement by an individual who can develop “a good relationship with and work with all levels of the provincial authorities”, Judge Thor has usurped his constitutional function to fulfill his duty with respect for the laws, wholeheartedly and conscientiously and to uphold impartiality and to protect the rights and freedoms of Cambodian citizens.

The case of Ben Ponnar represents a serious threat to the work of civil society in Cambodia. The CCHR calls on Judge Thor to clarify his statements and his role in the removal of Pen Bonnar from Ratanakiri Province. The CCHR calls for an end to the practice of using the threat of criminal charges to suppress freedom of expression and to curtail the legal activities of civil society. The CCHR calls on the government to ensure the necessary environment for a viable civil society In Cambodia in the interests of democracy and human rights.

For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org

Human Rights Activist Pen Bonnar chased from Ratanakkiri with court action threat: Justice-à-la-Hun Xen?

In Court Deal, Investigator Leaves Province

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
06 August 2009

A prominent human rights investigator has been pulled from Ratanakkiri province after he came under investigation from the provincial court for incitement, officials said Thursday.

In a deal with the court, Pen Bunnar, an investigator for the respected rights monitor Adhoc, will be transferred to another province, Adhoc officials said.

Pen Bunnar had worked in Ratanakkiri, which suffers a high rate of land-grabs and other abuses, for the past five years.

He was charged with incitement of violence when he attempted to coordinate the assembly of 121 families in a dispute over 200 hectares of land with the DM Group, Ltd., in Lumphat district.

Chan Saveth, chief of Adhoc’s monitoring unit, said Pen Bunnar will be moved to Svay Rieng province and will be replaced by another investigator, Sam Arin, who will move over from Mondolkiri province.

Chan Saveth said Adhoc wished to “reduce the conflict” between his group and the provincial authorities “because the conflict benefits neither side.”

“To protect people’s interests, Adhco had to soften its stance to join and cooperate with the provincial authority in the direction of developing human rights,” he said.

Ratanakkiri judge Thor Saron said the court had advised an umbrella group of rights organizations, “particularly Adhoc,” to move Pen Bunnar “to solve the penal charge.”

“If Pen Bunnar has no duty in the territory of Rattanakiri province, it is easy to end the case and the court can compromise, drop his case and avoid [his] detention,” the judge said. “A newcomer has not made any mistakes in Ratanakkiri province, and a new person can make a good relationship with and work with all levels of the provincial authorities.”

Pen Bunnar told VOA Khmer Thursday he was leaving.

“I hope the natural environment will not be destroyed by illegal deforestation when I leave the province,” he said.

Rights Worker Scuffles With Ratanakkiri Police

By Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
19 December 2007

A human rights worker said he clashed with police Wednesday in Ratanakkiri province, following protests over land.

No one was injured or arrested in the small scuffle, which came after a peaceful march of about 150 people from nine communes, who say their land was stolen from them, said Pen Bunna, a rights investigator for Adhoc.

The northeastern province has seen increasing unrest due to land theft, with local police blocking several attempts at open public meetings between residents and rights workers.

Pen Bunna said his march was in support of recent directives by Prime Minister Hun Sen aimed at halting land theft by local authorities.

"A number of individuals in the authorities or the government officials in charge" were likely connected to police crackdowns in defiance of the prime minister, Pen Bunna said.

"He warned them many times, so those people are afraid," Pen Bunna said. "Every time there is a workshop on land issues, they look for means to stop us from doing what we want to do."