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The eviction

 

There are various versions of how the violence began and what happened afterwards.  The differing accounts can most likely be explained by the large size of the area and the sheer number of security armed forces involved.  This case study aims to present the most probable account of the events of the eviction.

 

Notice of the eviction

 

Following a request from Tin Oun dated 14 February 2005, the Banteay Meanchey Court chose to enforce its verdict for a third time. The eviction was to occur on Monday, 21 March 2005. 

 

The Banteay Meanchey prosecutor and court clerk claim that the villagers and commune authorities were officially informed one month prior to the eviction. Commune authorities deny having been informed and only arrived at the site after the shooting took place.

 

The community apparently had some notice that the eviction was going to take place; while they denied any official notice, they had apparently been warned by representatives of Tin Oun and had armed themselves with knives, axes, sticks, gasoline and acid.

 

Security forces involved

 

Various sources have given differing numbers of security forces. The villagers and NGOs (several of which were present) claim there were around 240 security forces.  However, the court clerk stated 119 and the Commission of Inquiry said there were 124.  In addition to uniformed police, military police and officials, some witnesses said there was a third armed group in dark grey uniform with no insignias, who participated in the eviction and confiscated cameras from the witnesses.

 

According to investigations by ADHOC and the Human Rights Action Committee (CHRAC), witness statements and newspaper accounts, a water truck and two bulldozers, together with 50 demolition workers, also accompanied the security forces.

 

Prior to the eviction, the security forces met with court clerk Chan Savath to discuss the proceeding in a restaurant in Poipet. Chan Savath claims he instructed the forces to avoid violence and not to shoot at all. They then decided to divide the forces into different groups and went to the village.[i]

 

Arrival of armed forces and beginning of eviction

 

The armed forces arrived sometime between 8am and 9am and took positions around the village. Preliminary reports by the Commission formed to investigate the shooting said that the forces were divided into four sections, each posted at one side of the village.[ii]

 

The eviction started at around 9:30am, although the exact course of events remains unclear.  Differing eyewitness accounts state that Chan Savath started reading the court verdict aloud whilst houses were being bulldozed and burned[iii] or that he read the verdict after the shooting occurred. Chan Savath himself claims that he did not see how the shooting began or how the forces were deployed at the village. He said was about 200m from the area and that upon hearing the shooting, he lay flat on the ground until it finished. He said the shooting lasted around ten minutes.[iv]  It is not clear at which point he claims to have read out the verdict.

 

Outbreak of violence

 

It is unclear what the security forces did once they arrived at the village, and there are many conflicting accounts over how the violence began.

 

According to newspapers[v] and eyewitness accounts, the eviction started with police firing threateningly into the air, entering the community and beginning to arrest villagers. Villagers threw stones and other projectiles and the armed forces retaliated by firing their guns at the people and arresting those who were caught.

 

Prosecutor Gnuong Thol (who was not present during the eviction) claims the people initiated the violence; a knife was thrown at a military police officer and forces fired in response. Thol said the forces only shot in the air and to the ground. He emphasized that he gave the instruction to avoid violence and shooting and if there was trouble, the forces should negotiate with the people’s representatives.

 

The only certainty is that shots were fired, villagers were killed and wounded and their houses were demolished.

 

Claims that the police fired directly at people appear to be supported by the number people shot and killed during the eviction:

 

  1. Mr. Soeun Koeun 28 years, was shot in the face and died instantly.
  2. Mr. Sean Sok, 45 years, was shot in his right chest, and died instantly.
  3. Mr. Kim Samban, 39 years, was shot in the chest and died instantly.
  4. Mr. Pham Bunthin, 34 years, was shot 4 times and died instantly.
  5. Mr. Korn Koeun, 43 years, was shot in the abdomen and right leg. The victim was handicapped. He died later in hospital.

 

Eyewitness accounts

 

There are many other unconfirmed accounts of violence and other issues of concern involving the armed forces on the day of the eviction. Amongst other things, eyewitnesses claimed that:

 


 

[i] Interview with court clerk Chan Savath in Banteay Meanchey on 19 May 2005.

[ii] The first group was composed of 15 border police, led by Mr. Him Chhong, deputy chief (Entity 891).  The second group was composed of 42 military police led by Captain Sroy Pen, and 12 O’Chrov disrict police led by the Deputy District Police Chief, Mr. Sorm Sophin.  The third group was composed of 40 provincial police led by Captain Vinh Siem and Mayor Sieng Nol. The last group was composed of 15 border police led by Commander Chhoung Ang.

[iii] The witness expressed security concerns and prefers not to be named. He has stated that he will testify in court only if his and his family’s safety can be guaranteed. His statement that the court clerk only read the verdict after the shooting occurred is supported by the ADHOC/CHRAC investigation and other witnesses.

[iv] Interviews with Gnuong Thol and Chan Savath at Banteay Meanchey Court, 19 May 2005.

[v] The Cambodia Daily, March 22 and March 23 2005; Phnom Penh Post, March 25 – April 7 2005

[vi] 23 years old, living in Kham Chke village, Talam Commune, Mongkul Borei District.

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