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Losing Ground - Human Rights Party.

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<strong>Losing</strong> <strong>Ground</strong><br />

then commune, district, provincial and national officials,<br />

before holding their first civil protest at the site. Five<br />

monitors from human rights NGOs (ADHOC, LICADHO<br />

and Sor Sor Troung) were present. The charges from the<br />

company were filed a few days after Mr. Keth spoke at a<br />

news conference in Phnom Penh about the loss of their land.<br />

Criminal charges<br />

Although there was no indication that villagers touched the<br />

company’s property, on October 18 five men were initially<br />

summoned.<br />

One was a ghost name, someone who did not exist;<br />

another was a man who neighbors said was home with his<br />

wife who was giving birth the day of the protest, and the<br />

others were: Mr. Vy, accused because he agreed to write a<br />

list of the people attending the protest; Mr. Saren, because<br />

he was known to be the leader, and Mr. Rath, who his<br />

neighbors think was chosen at random.<br />

The robbery charge stemmed from the company’s claim<br />

that the villagers stole 10 million Cambodian riel ($2,500)<br />

stuffed in a bag hung from the roof of one of the tents.<br />

About 200 villagers made the hour long trip to the court<br />

with Mr. Vy, Mr. Saren and Mr. Rath, but the court shut<br />

the doors when they arrived and cancelled the hearing, and<br />

provincial officials refused to meet them.<br />

“Criminal charges in civil land disputes are<br />

becoming common. It’s a new way of intimidating<br />

and threatening the village residents.”<br />

Yeng Virak, CLEC executive director.<br />

The court prosecutor said he couldn’t meet with hundreds<br />

of people. “They can come to court with their lawyers,” he<br />

said. But a representative from ADHOC said the risk of<br />

arrest is very high if villagers go alone without the support<br />

of others in the community. “It has been the case when they<br />

call villagers to explain [charges] they put them in custody.”<br />

The prosecutor denied the charges were brought to<br />

intimidate the residents, but said the robbery charge<br />

sounded peculiar to him because no one would keep “this<br />

much money in a small bag.” He indicated the charges could<br />

be lessened or dropped.<br />

However, he no longer handles the case; it has moved up<br />

the legal chain to the investigating judge, who can reactivate<br />

it at any time.<br />

Company work sites in Snoul district<br />

where a rubber plantation developer<br />

received an Economic Land Concession<br />

from the provincial governor in 2008<br />

without the knowledge of residents.<br />

Forced Evictions and Intimidation in Cambodia<br />

41

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