Phnom Penh (Cambodia). 25/12/2008. Boeung Kak resident fainting outside the Court of Appeal
© John Vink / Magnum
With no surprise, the Court of Appeal dismissed the complaint lodged by Boeung Kak lake residents against private company Shukaku on Thursday December 25th. The Municipality of Phnom Penh had agreed for the latter to develop the area under a 99-year concession. After the hearing, there were tears and cries among the Phnom Penh residents living on and around the lake, which is in the heart of the capital. People's houses have been collapsing in turn into the water since the company started filling in the lake in August. A shopping centre and other facilities are due to appear in this area inhabited since the 1980s.
Lawyers' comments
The hearing went on for three hours. The Court's decision confounded the lawyer of the residents, Choung Chou Ngy. “The President of the Court declared in his ruling that the Shukaku company had nothing to do with the case!”, he said, considering the decision to be simply “unfair”. “How can he say they have nothing to do with it? We can clearly see that by pumping sand into the lake, the company is causing my clients to lose their homes!”, the lawyer fulminated. However, he has no intention to give up the fight.
After the ruling, the Shukaku company's lawyer, Cheng Peng Hâb, played shy with the journalists and tried to avoid them. His phone stuck to his ear, he returned inside the courtroom for shelter, until he was forced to come out after court staff turned the lights off. He then finally gave a terse comment on the verdict, “This case concerns the Municipality and the residents. It is therefore up to the Municipality to solve it. I cannot tell you anything more since I am only the company's lawyer!”
Exasperation of the residents
Immediately after the verdict, some forty Boeung Kak inhabitants gathered outside the court and let their anger burst, shouting insults at the judicial institution. Women choking with sobs and men red with anger expressed their scorn for the “corrupt court” which was “blinded by dollars”, “bribed by the company and powerful people” and “anything but independent”. They burned incense and said prayers. A woman in the crowd fainted, overwhelmed with anger and anxiety. “People's fate depends on these judges, but where is their heart?”, a resident wondered.
Be Pharom, one of the residents' representatives, declared she would not give up the fight and that she was ready to camp outside of Prime Minister Hun Sen's house for the whole week if necessary, until he takes action. “Appealing to Samdech Hun Sen is now our last resort. Boeung Kak residents are willing to accept the government's development project if a reasonable solution is found for us. We do not want to leave with tears in our eyes!”, she said.
Before the opening of the hearing, a small crowd of residents had decided to gather at the sacred site of Preah Ang Dangkeu in front of the Royal palace, for last-minute prayers so that spirits would convince the judges to rule in their favour.”We are filing a complaint before the 'natural Court'. He who sows the seeds of evil shall reap evil too! The natural Court has already tried one person!”, a fifty-year old person shouted in the crowd. Like many others, the Boeung Kak resident refused the compensation offered to the community for being far too little.
Also on Ka-set
- Last plea from Boeung Kak Lake residents before the Court of Appeal's decision (23-12-2008)
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