There was an immediate outcry after the incident and various government officials immediately went to visit the village. Ministry of Interior Undersecretary of State, Srun Vong Vannak, together with Banteay Meanchey Governor, Heng Chhantha, spoke with the villagers. They expressed condolences for the incident and promised the formation of an investigative commission upon orders from the Prime Minister and the Ministry of Interior.[i] National Assembly members, including Khiev Sarn, Mann Siphann and Son Chhay, also spoke with the villagers. Mu Sochua and Kim Sophearith from the Sam Rainsy Party also went to Kbal Spean.[ii]. Government and provincial officials provided temporary assistance to the community. Villagers also reported that various officials had promised them swift resolution within a week, however no such action has resulted from these apparent promises.
Om Yentieng, head of the government’s Human Rights Committee, stated that the case, would require a thorough investigation and that the committee was looking into it.[iii] Heng Samrin, Honorary President of the CPP, said that government “neglect” and a “lack of prevailing control” was the reason for the violence in Kbal Spean.[iv]
Government investigation: Commission of Inquiry
The government delegated the investigation to a Commission of Inquiry that was formed on 21 March 2005. The head of the Commission is the Deputy Governor of Banteay Meanchey; it also includes the provincial Police Commissioner, Military Police Commander and various other provincial authorities.[v]
This Commission issued two preliminary reports. The first identified the forces involved, and named those in charge of the forces. The report added that the superiors of all the armed forces involved have to take responsibility for what happened during the eviction. Two O’Chrov district police, Muy Chun and Tan Phirom, were temporarily detained by the Commission at the provincial police station for further investigation. The 11 military police officers who had admitted to firing their guns were supposedly to be kept under watch by their superiors, for further investigation.
The second report specified the number of forces involved[vi] and found that there was another group with an interest in the land. The Commission is investigating to find out who is behind this group. On 24 March 2005 provincial police arrested Pov/Por Phally, who was allegedly shooting at villagers during the eviction[vii]. District police also interrogated the owner of the heavy equipment who rented out bulldozers and water trucks to Tin Oun. The Commission noted that Tin Oun had fled the area, and police were looking for him.
It appears that the Commission only visited Kbal Spean once and villagers said they were not interviewed during this visit. Moreover, villagers suspected that at least one of the persons involved in the Commission investigation had also participated in the eviction. The Commission did not provide any reports to the concerned Courts.
Complaints against the forces were filed in Banteay Meanchey court, but transferred by the Ministry of Justice to the Battambang Court. The Battambang Court investigated charges of murder, attempted murder, voluntary manslaughter and battery against 66 military police/police and 52 villagers (including 4 deceased villagers).[viii] Four people were remanded in prison charged with murder, attempted murder and voluntary manslaughter: Tan Phirun, Born Sam Bin, Por/Pov Phally and Nim Phann.
The Court interviewed some of the military police and police officers, as well as approximately 30 villagers. Investigating judge Nil Non spent several days in Banteay Meanchey conducting interviews. However, concerns were been raised that there might not be enough evidence to convict any of the military police and police officers, as the villagers were not able to identify them by name.[ix] The military police and police officers who were interrogated all claimed they did not shoot directly at the people.
The investigating judge and prosecutor were asked if they were aware of the reports of the Commission of Inquiry. Both stated the reports had not officially been provided to them. The investigation judge further commented that he would prefer to conduct his own investigation.[x]
On 5 August 2005, the Battambang court announced that charges were dropped against Tan Phirun, Born Sam Bin, Por/Pov Phally, all three of whom were described as policemen. Charges remain against military policeman Nim Phann; however he was awarded pre-trial release and all four men were freed. Charges are also believed to have been dropped against the villagers, although this has yet to be confirmed.
A number of NGOs including members of the CHRAC immediately began investigating this case. ADHOC currently is leading the investigation into the incidents and providing legal assistance to some of the villagers, with legal assistance also provided by CDP and CCD. Other NGOs have assisted the villagers by sending petitions on their behalf to the King, the Ministry of Justice, the Prime Minister and the Ministry of Interior.[xi] LICADHO provided medical care immediately after the incident, and studied the land case that led up to the eviction.
[i] As recorded.
[ii] The Sam Rainsy Party also provided medicines, rice, money and other items to villagers. SRP has produced a report on the eviction, which contains photographs of the unknown forces in dark gray uniform.
[iii] Cambodia Daily, 23 March 2005.
[iv] Quoted in the Cambodia Daily, 24 March 2005.
[v] The Commission is composed of Mr. Sok Sareth (Deputy Governor) as chief. Mr. At Khem (Police Commissioner) and Mr. Rath Sreang (Military Police Commander) are deputy chiefs. The members are: Mr. Chhoeung Sokhom (Deputy Police Commander), Mr. Keo Sen (O’Chrov District Chief), Mr. Gnek Chamreun (provincial inspector), Mr. Nuth Ly (O’Chrov district Police Chief), Mr. Sing Ing (O’Chrov District Deputy Military Police Commander), and Mr. Hay Nam Heng (Poipet Commune Chief).
[vi] BMC court requested 230 forces of military police and police but received a total of 124, all of them armed with guns. There were 40 provincial police, 40 provincial military police, 12 district police and 30 border police.
[vii] 23 years old, living in Kham Chke village, Talam Commune, Mongkul Borei District.
[viii] Neither the prosecutor nor the investigating judge could say exactly how many military police and police were charged, and how many villagers. The list of those charged did not indicate any identifying characteristics. This figure was obtained by comparing the list of villagers and the list of those charged.
[ix] Meeting with Yam Yet, 16 June 2005.
[x] Meeting with Nil Non, 14 June 2005 and Yam Yeth, 16 June 2005.
[xi] The Ministry of Justice rejected the petition on the grounds that the case was already pending in court. Two NGOs sent petitions to the Prime Minister. One of those NGOs reported that the Prime Minister has agreed to meet with them on the case, but no date has been set.