Despite accepting compensation to move from their land, nine Samrong Tbong villagers from Boeung Tamok appeared in court on June 26 for their seventh hearing to defend against a criminal charge following a canal protest in February last year. They denied using violence and urged the court to drop the charge.
Eight of the villagers, Tem Ouk, her husband Sea Sambath, Sea Davy, Kong Toeur, Om Pheun, Om Yok, and Yong Sreynoch were charged for “crimes against public officials” while Yon Sombor stood as a witness.
The villagers were fined five million riel, which they paid, and sentenced to eight months’ jail (but suspended) in February for allegedly using violence against a public official.
Rights group Sahmakum Teang Tnaut, which said the villagers were in court for the “seventh case against the same public official”, mentioned that such accusations should be carefully assessed, especially when land dispute communities are peacefully defending their homes.
During the hearing at the Phnom Penh Municipal Court, which lasted 18 minutes, the presiding judge Oung Vutthea questioned the residents regarding a complaint against public officials made by deputy prosecutor Chhay Hong on May 27, 2025.
The judge said they were “illegally” living on state land and “had set fire to fishing nets”. In the incident, Prek Pnov district authority official Run Tak’s trousers caught fire. The villagers were asked who set fire to the nets, and used violence.
At the time, the Samrong Tbong community banded together in an attempt to stop public excavators from digging a canal near their homes. However, this led to criminal charges brought against them. The village is located in Prek Pnov district on the banks of Boeung Tamok.
The judge said the land belongs to the state, and it has the right to prohibit occupation. “You have no right to stop. Fortunately, the state has compassion and provided compensation. Illegal occupation of land is outdated. It is not for those who have come to live and fish for many years, and demand land,” Vutthea said.
One of the defendants, Kong Toeur, replied in a panic that she did not use violence against the district authorities, and that she “only asked why they brought excavators to expand the canal” and if they would be evicted from their homes.
Another resident, Yong Sreynich, also told the judge she did not use violence or burn mosquito nets with the intention of causing harm to the officers. “I was pregnant at the time and I had no energy to fight with the authorities. I burned the mosquito nets at my house.”
Prosecutor Chhay Hong asked the defendants why they obstructed the officials who were digging the canal, which is part of a flood mitigation project in Phnom Penh. He said “had the authorities been strict, they would all have been arrested that day”. “Do you admit your mistake?” he asked them.
Villager Sea Davy stressed that the community members did not have the strength or intention to use violence to harm the authorities. The villagers only asked the authorities “how much land would be set aside for the residents after the canal is dug”.
Not all the defendants were questioned in the short hearing, which ended with them appealing to the judge to drop the charges against them. They said they have already accepted a compensation exchange policy offered by the authorities. “We request the court to drop the charges and free us from this criminal case,” one resident said.
The verdict has been set for July 16, 2025.
Under the policy developed by the Phnom Penh municipal government, authorities allocated land a few kilometers away from the district to build houses for the displaced residents and pay them $10,000 or more, depending on the size of their property.
Davy said as of August 2024, all the households in the disputed territory have accepted the government’s settlement.
Yi Soksan, senior investigator of Cambodian Human Rights and Development Association (ADHOC), said the court should drop the charges as the people have vacated their homes and do not pose any risk to the authorities.
He said as they have agreed to accept government compensation, continuing with the legal case will only cause them more pain.
“The authorities should withdraw the complaint and ask the court to drop the charges because they are accepting compensation through the court. Drop the charges, so that they don’t have to suffer,” Soksan told CamboJA News.
