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Friday 21 November 2014

Joint Statement: Arbitrary Arrests in Boeung Kak 1


Ly Sreang Kheng taken into custody half-naked by the police.

                                    Joint Statement: Arbitrary Arrests in Boeung Kak 1

Phnom Penh, November 20th 2014 – We, the undersigned organizations, condemn the arbitrary arrests and expedited trial of Mr. Ly Srea Kheng and his daughter Ms. Ly Seav Minh on November 18th 2014. The Kheng family is involved in a land dispute with the Khun Sear Import Export Company (“Khun Sear Company”) - owned by tycoon Khun Sear - after they refused to vacate a plot of land in the Boeung Kak 1 area of Phnom Penh’s Tuol Kork district, which they have inhabited since 1982. The family has suffered death threats, violent attacks and intimidation as a result.
At around 11:30 am on the morning of November 18th, police arrested Mr. Kheng at his home, forcing him into a police car without even allowing him time to get properly dressed. The police had a warrant for Mr. Kheng’s arrest, but failed to show it before taking him into custody, in violation of Article 38 of the Constitution of the Kingdom of Cambodia (“Constitution”). His daughter Ms. Ly Seav Minh, 23, was also arrested at around 4:00pm later that day inside the Phnom Penh Municipal Court of First Instance after she had gone there to try and establish her father’s whereabouts. Later that evening, the Khun Sear Company contacted Mr. Kheng’s son to continue negotiations over the disputed plot of land. The use of the judiciary to pressure citizens to settle land disputes is contrary to Cambodian and international human rights law.
Both Mr. and Ms. Kheng were charged under Article 253 of the 2001 Land Law, under which it is an offense to use violence against “a possessor in good faith of immovable property; whether or not his title has been established or it is disputed” and sent to Prey Sar Correctional Centers CC1 and CC2 respectively at around seven pm on the day of their arrest. They also face charges of using violence against immovable property, theft with aggravated circumstances, destruction and defamation. The sentences that they would face if convicted could include jail terms of between six months and two years and fines of 1,500,000 to 25,000,000 Riel. The family received summonses to appear in the court on November 13th and 14th 2014, but had requested an adjournment in the proceedings.

The family has attempted multiple times to register their land with the authorities, but they have continuously been ignored. By contrast, the complaints against the family have been rapidly expedited.
We, the undersigned organizations, wish to remind the authorities that Cambodian citizens have the right to be treated equally before the courts and tribunals and the right to a fair and public hearing by an independent and impartial tribunal, according to Articles 38 and 39 of the Constitution, Article 14
of the International Covenant on Civil and Political Rights, which Cambodia acceded to in 1992, and Article 10 of the Universal Declaration of Human Rights.
We call on the Royal Government of Cambodia (“RGC”) to release Mr. Kheng and his daughter pending trial and ensure the safety of his family. Furthermore, the RGC should ensure that the Khun Sear Company does not abuse its position as plaintiff in the case to pressure Mr. Kheng’s family to accept any offers regarding the disputed land.
Signed by the Housing Rights Task Force (“HRTF”), Building Community Voice (“BCV”), the Cambodian League for the Promotion and Defense of Human Rights (“LICADHO”), the Community Legal Education Center (“CLEC”), the Cambodian Center for Human Rights (“CCHR”), the Cambodian Human Rights and Development Association (“ADHOC”) and the Cambodian Human Rights Action Committee (“CHRAC”).
For more information, please contact:
  • -  1. Mr. Nan Ony, Legal Officer of HRTF, 017 315 658
  • -  2. Mr. Vann Sophath, CCHR, 012 941 206
  • -  3. Mr. Ny Charya, ADHOC, 011 274 959
  • -  4. Mr. Am Sam Ath, LICADHO, 012 327 770
  • -  5. Mr. Soun Bun Sak, CHRAC, 092 344 357
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The Cambodian Center for Human Rights (CCHR) is a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia. For more information, please visit www.cchrcambodia.org.

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