Sok Sam Oeun
Born Samnang (centre)PHNOM PENH (AFP) — Cambodia's highest court Wednesday provisionally released two alleged killers of a prominent labour leader and ordered the case to be re-tried, citing unclear evidence.
Chea Vichea, who headed the country's largest labour union and was a vocal critic of Prime Minister Hun Sen's government, was gunned down at a Phnom Penh newsstand in January 2004.
The daylight murder shocked the country and was condemned by Cambodian and international rights groups as a brutal attempt to silence the opposition-linked workers' group.
Just days after the killing, Born Samnang and Sok Sam Oeun were arrested, convicted of murder and quickly sentenced to 20 years each in prison.
International and local rights watchdogs had called the conviction and trial deeply flawed.
After the two men made their final appeal during a hearing Wednesday at the Supreme Court, judge Dith Monty, the court's president, dismissed the conviction, which was upheld by the Appeal Court in 2007.
"The case is a criminal one which requires more investigation," Dith Monty said, adding that to make sure the men's rights were not violated, the court had "decided to release the two suspects provisionally, but under watch of the court."
The judge also ordered the Appeal Court to retry the case, adding that the two men had to appear before the court when summoned.
The pair have denied any involvement in the killing. Former Phnom Penh police chief Heng Pov, who led the investigation, has also said that the two did not kill Chea Vichea.
The men told the court, which was packed with diplomats, rights activists, journalists and their relatives, that they had been framed by a group of police.
"I am not the killer," said Born Samnang, asking the judges to free him.
UN rights officials, the United States and relatives of the accused welcomed the court's decision.
"It was greeted with a warm round of applause by the public, including the families of the defendants, as it truly deserves," the UN rights office said in a statement.
The UN office "hopes that this decision will set the standards for the future handling of all criminal cases by Cambodian courts," it said.
In a statement, the United States urged the Appeal Court to "take up the case expeditiously and finally resolve this matter in a way consistent with Cambodian law and international standards of due process."
"The decision to release the two on bail and return the case to the appeals court for review was a particularly auspicious way to start the new year," said the US embassy's charge d'affaires Piper Campbell.
"I am very happy and I am excited that my son can stay out of detention," said Born Samnang's mother, Nuon Kimsry.
Rights group Amnesty International last week called for the release of the pair, saying the true perpetrators remained at large.
Chea Vichea, who headed the country's largest labour union and was a vocal critic of Prime Minister Hun Sen's government, was gunned down at a Phnom Penh newsstand in January 2004.
The daylight murder shocked the country and was condemned by Cambodian and international rights groups as a brutal attempt to silence the opposition-linked workers' group.
Just days after the killing, Born Samnang and Sok Sam Oeun were arrested, convicted of murder and quickly sentenced to 20 years each in prison.
International and local rights watchdogs had called the conviction and trial deeply flawed.
After the two men made their final appeal during a hearing Wednesday at the Supreme Court, judge Dith Monty, the court's president, dismissed the conviction, which was upheld by the Appeal Court in 2007.
"The case is a criminal one which requires more investigation," Dith Monty said, adding that to make sure the men's rights were not violated, the court had "decided to release the two suspects provisionally, but under watch of the court."
The judge also ordered the Appeal Court to retry the case, adding that the two men had to appear before the court when summoned.
The pair have denied any involvement in the killing. Former Phnom Penh police chief Heng Pov, who led the investigation, has also said that the two did not kill Chea Vichea.
The men told the court, which was packed with diplomats, rights activists, journalists and their relatives, that they had been framed by a group of police.
"I am not the killer," said Born Samnang, asking the judges to free him.
UN rights officials, the United States and relatives of the accused welcomed the court's decision.
"It was greeted with a warm round of applause by the public, including the families of the defendants, as it truly deserves," the UN rights office said in a statement.
The UN office "hopes that this decision will set the standards for the future handling of all criminal cases by Cambodian courts," it said.
In a statement, the United States urged the Appeal Court to "take up the case expeditiously and finally resolve this matter in a way consistent with Cambodian law and international standards of due process."
"The decision to release the two on bail and return the case to the appeals court for review was a particularly auspicious way to start the new year," said the US embassy's charge d'affaires Piper Campbell.
"I am very happy and I am excited that my son can stay out of detention," said Born Samnang's mother, Nuon Kimsry.
Rights group Amnesty International last week called for the release of the pair, saying the true perpetrators remained at large.
7 comments:
all khmer unity eyes can make difference to beem up the court system of ah Hun administration .
goodness must be win from badness even take long but humor and peace
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The Cambodian Government should be eflt shame for jailing innocense people for the crime they haven't committed. These two men Born samnang and his friend should have compensated for their wrong jailing and for their lost of income during the four years in jail. The present judge who has provisional released them should has more couragous to declare these back pays to these two victims. Supposing they should have earned $50 per month, therefore each year they should have earned $600 and for 4 years, they should have $2400 in earning lost income. On top of that, they should have compensated for their sufering life in present. For me they should have paid by the government each for $4800.00 fot these 4 years in minimum. Areak Prey
Crazy Government.. Put two innocence in prison for 4 years. It's a really ashamed behavoir for Cambodian Justice doing a crazy thing followed by a Silly Government (Ta Sen). Yes! they should be compensated for their suffered life in prison.
The powerful man Hok Lundy is dead.
That was the reason these two men released. If Hok Lundy was alive these men may be dead in jail.
The bail of these convicts do not implied their innocent. It is done only to clear up some lower court's technical protocol. They will go back to prison after a retrial.
Oh shit. 7:49AM. You need to improve your English writing skill.
"The bail of these convict prisoners does not imply..."
"Does" refers to "the bail" not "prisoners".
Yep the court in your country is the kangaroo court only going after dollars. The kangaroo court deserves the idiot fucking judges like Cambodians.
The fucking judges in Cambodia knew these innocent men were not the real killers but they put them in jail because they can earn dollars from the good people who support these men.
Man, every day I wish Cambodia will be wiped out from the world map.
Nope, no court on this planet is perfect, but Khmer court is one of the best on the planet.
Sometime when the court free the convict, it doesn't mean they are innocent.
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