Another Land Rights Abuse: Battambang Villager Illegally Sentenced to One Year in Prison

Battambang—The Court of Appeal sentenced Battambang villager Chim Keo to a term of one year in prison for trespassing today, the latest abuse in the ongoing Ovar Preng village land dispute.

Mr. Chim was denied justice at every stage of the proceeding: the appeal, the hearing, and the sentence all flagrantly violated Cambodia’s land laws and rules of procedure. Mr. Chim was convicted of trespassing without the proof required by law or legal representation, and was sentenced to a term in excess of the legal limit.

Prosecutor Sor Yous Thavreah’s appeal against Mr. Chim was inadmissible. Under Article 47 of the Land Law (2001), land disputes must be decided by special Cadastral Commissions before criminal trespass charges can be brought. Without a decision as to the ownership of the land, a criminal court cannot legally convict a defendant of trespassing. For that reason, the Battambang Court dismissed the charges against Mr. Chim in criminal case #343, 25 May 2006. Nevertheless, the Court of Appeal illegally heard the case.

Further, neither Mr. Chim nor his lawyers at Legal Aid of Cambodia (LAC) were informed that the hearing was going on. The Court of Appeal heard his case and convicted him in absentia, in violation of Article 388 of the Code of Criminal Procedure.

Mr. Chim’s sentence was also illegal. He has already spent ten months in provisional detention, imprisoned during the investigation and trial. Under Article 194 of the Code of Criminal Procedure, his sentence should include his provisional detention. But the Court of Appeal sentenced him to one year starting now, a major violation of the law and of Mr. Chim’s basic human rights. Mr. Chim suffers from diabetes, and will suffer severely from his excessive sentence.

The Court of Appeal ruling is a grievous human rights abuse. It violates Cambodian and international law at every level, and threatens the safety of vulnerable landowners all over Cambodia. LAC urges that the ruling be overturned, and the prosecutors and judges involved be investigated for serious misconduct.