A Judgment Obtained in Absentia Is Implemented to Destroy More Than 20 Houses of Citizens in Order to Confiscate 35 Hectares of Land for Some Business

Posted on 3 July 2009
The Mirror, Vol. 13, No. 619
http://cambodiamirror.wordpress.com/

“Kandal: There was a clash on 2 July 2009 between many armed forces and about 300 citizens in Trapeang Krasaing village, Ang Snuol district, Kandal, who were opposed to the implementation of a judgment to destroy and remove houses by construction machinery in order to confiscate 35 hectares of land relating to a village, for a company owned by Seng Nhak and Seng Nheang who won a court case unjustly.

“Citizens said that at least one woman fainted and was sent to hospital, and some people were injured, after the Kandal court ordered the authorities to implement a judgment to confiscate the land for that company.

“The Trapeang Krasaing village chief, Mr. Him Sam Ol, said that his villagers were repressed by about 60 representatives of the authorities by hitting them with sticks, who were also armed, but there was no armed confrontation.

“The Ang Snuol district governor, Mr. Samut Thoeun, could not be reached for comment on Thursday. The Ang Snuol district military police chief, Mr. Sok Phearum, refused to make any comment.

“According to Mr. Him Sam Ol, the village chief, the 35 hectares of land which are now being cleared by construction machinery still belong to the citizens; Seng Nhak’s and Seng Nheang’s company, that the citizens do not know much, had made a down-payment to them of only 25% back in 1995, and it has not paid the remaining money until now in 2009. The citizens said that while the former Ang Snuol district governor was in his office, there was no problem, but after the new district governor, Mr. Samut Thoeun, took office, the company started clearing the land using construction machinery to grab the 35 hectares of land from the citizens.

“The citizens claimed that more than 20 of the 70 houses on the 35 hectares of land were removed and damaged by the machinery, and about 300 workers of the company are still keeping on clearing the land.

“117 families do not agree with the judgment in absentia by the Kandal court, and they complained that the civil procedure used for the implementation of this judgment is irregular, as the hearing was made in absentia.

“Representatives of citizens who are involved in the 35 hectares land dispute with the Universal Development Corporation company told Deum Ampil that the citizens do not agree, and they were shocked after having seen the notification from a deputy prosecutor of the Kandal Municipal Court, Mr. Chreng Khmao, informing Hun Yom, who lives at Tuol Krasaing, about the implementation of the judgment to confiscate the land from the citizens for the company.

“Representatives of the citizens said that they will protest by whatever means, in order to prevent the judgment from being implemented. They ask the provincial authorities and the court to follow the decision of the head of the Royal Government of Cambodia, Samdech Hun Sen, based on a written communication dated 14 January 2008, and the Notification #67, dated 17 January 2008, saying, ‘To protect the intention of the law and legal benefits of the citizens, and to avoid possible violence resulting from the implementation of a judgment, the Royal Government decided to suspend the implementation of the absentia judgments #78p to #109p, dated 1 December 1997, by the Kandal court, in order to let the Ministry of Interior coordinate and further research, to report to Prime Minister Samdech [Hun Sen] to check the results, and to decide again as well as to give the citizens the opportunity to appeal against this absentia judgment at the court, to follow legal procedures.’

“As the citizens said regarding this land dispute, once the company had negotiated to buy the land from them, offering US$2.80 per square meter, but the citizens did not agree with the company’s offer, as it was too low, and they suggested to the company to offer US$9 per square meter – then they would agree to sell their land according to a contract agreed upon previously. But there was no solution, and then the rich side lodged a complaint and prepared documents for the court to implement that judgment in absentia.

“The Ministry of Interior concluded, ‘All in all, the root of this dispute originates from the fault of the company that does not obey the contract, and this fault is intentionally created by the company.

“The Kandal court could not implement the judgments in absentia #78p to #109p, dated 1 December 1997 because it does not comply with the intention to protect the legal benefits of the citizens.

“There are many points that raise suspicions in the purchase agreement between the Chay Chean Fa Trading Investment company and Mr. Seng Nhak dated 16 March 2006, like the price of the land sold by that company to Mr. Seng Nhak is cheaper than the price for which the company bought the land from the citizens 10 years ago, for nearly half the price.”

Deum Ampil, Vol.3, #226, 3.7.2009
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Friday, 3 July 2009