UN appeals for charges to be dropped against Cambodian accused

Born Samnang (L) and Sok Sam Oeun (R)

August 21, 2009
ABC Radio Australia

The United Nations has called for charges to be dropped against two Cambodian men accused of killing trade union leader Chea Vichea in 2004. The men spent years in jail, but campaigning by Cambodian and international human rights groups who believe they are scapegoats, led to them being released on bail in January. Now, the Appeal Court has ordered that the case be re-investigated.

Presenter: Liam Cochrane
Speakers: Brad Cox, director the documentary, 'Who Killed Chea Vichea?'

Click here to listen to the audio program (Windows Media)

COX: I agree 100 per cent [that charges should be dropped against Born Samnang and Sok Sam Ouen]. For the last five years they've tried to build the case; they've never produced any credible evidence and so its a long time coming. These guys should have been never even arrested in the first place.

COCHRANE: And why were they arrested?

COX: Ah, well there're a lot of theories of why they were arrested. There was a lot of international pressure on the government and the police to make an arrest on the case, it was very high profile. Chea Vichea was known internationally as well as nationally and it appears they needed a couple of scapegoats and these two guys fell in their laps and that's who they decided to go with. One of them wasn't even in Phnom Penh, he was 40 miles away on the day of the killing but from the police perspective that didn't seem to matter. They were used as scapegoats anyway.

COCHRANE: Now you talk of "they" needing scapegoats... Outside the court this week Chea Vichea's brother, Chea Mony, repeated allegations he's made before that the government was involved in his brother's murder. And Khieu Sopheak, the Ministry of Interior spokesman threatened to take him to court over those kind of statements. Has your investigation uncovered any evidence of the authorities being involved in Chea Vichea's death?

COX: Well, I'm not sure what evidence when Chea Mony said that he said that the government killed his brother. What I do know is that the police, led by Hok Lundy and Heng Pov, did deliberately frame the two men in the case - I prove that in the movie that is being released next month. The question is, 'Who told the police to frame these guys and why?' My guess is that Chea Mony assumes that the government had to tell the police how to do this because, who else is there to tell the police? I assume that's his reasoning, but you'd have to ask him, I'm not really sure.

COCHRANE: Now Chea Vichea wasn't the only prominent figure killed around that time. Can you tell us briefly about some others and what's happened with those cases?

COX: Well in the year before he was killed, there was a slew of murders, mostly politically-related. In the beginning of 2003, there was monk, Sam Bun Thoeun, who was urging monks to vote, who strongly supported the opposition. There was Om Radsady, who was a very close adviser to Prince Norodom Ranariddh, who was the president of the FUNCINPEC party.

COCHRANE: And what's happened as a result of these kinds of cases? Have there been investigations? Have there been convictions?

COX: Well all these cases are similar in many ways. Number one, almost all of them were killed by two men on a motorbike. All these cases were investigated by Heng Pov, of the Phnom Penh police. All of these have had very unsatisfactory conclusions - either no-one was arrested or the people who were arrested, like in the Chea Vichea case, were obviously innocent of the case.

COCHRANE: Now we've heard earlier about the Khmer Rouge tribunal as an important step in establishing some kind of bottom line of justice in Cambodia. How important is this case in terms of establishing a strong position on impunity?

COX: Well, I think this case is a good example of the impunity that continues to exist there and this case is very similar to a lot of other murder cases, some of which I just mentioned to you now and there are others even from that same time period. I think if the government was serious about finding justice for these people, then you would see some of these cases being satisfactorily concluded. But that isn't the case and there's wide speculation that the courts are controlled by the government; they're told how to handle cases, anything that is political has to go through them and so they end up what is best for them and justice has very little to so with it.

UN and ILO welcome re-investigation of 2004 murder of union leader

Tue, 18 Aug 2009
DPA

Phnom Penh - The UN human rights office and International Labour Organization on Tuesday welcomed a decision by Cambodia's Appeal Court to re-investigate the murder of a prominent trade union leader. Chea Vichea, who headed the FTU garment workers' union, which is affiliated to an opposition political party, was shot dead in Phnom Penh in broad daylight in January 2004. The two men subsequently convicted of the crime are widely believed to have been framed.

"It now seems beyond doubt that there is insufficient evidence to maintain the charges against Born Samnang and Sok Sam Oeun," the UN office and the ILO said in a joint statement released August 18, a day after the Appeal Court said it would re-investigate the case.

Chea Vichea was one of three FTU officials shot dead since 2004.

The statement noted that Born Samnang and Sok Sam Oeun had confessed under duress to the killing, and said the initial trial court ignored witness testimony showing they were innocent.

"The charges against the men should now be dropped, allowing the police to resume the search for those really responsible for shooting Chea Vichea in January 2004," the organisations said, adding that the case raised wider questions about the country's judicial system to deliver justice to international standards.

Cambodia's courts are widely seen as weak and lacking independence. The government has come under sustained criticism this year for using legal action against people in politics, media and civil society whom it perceives as its critics.

New investigation ordered into Chea Vichea’s murder

Born Samnang (All Photos: Khmer Sthabna)

Sok Sam Oeun talking to reporters
Chea Mony, the younger brother of Chea Vichea

Tuesday, August 18, 2009
Everyday.com.kh
Translated from Khmer by Socheata

In the morning of 17 August 2009, judges of the Appeal Court issued an order to the authority to reopen the investigation into the murder of Chea Vichea, President of the Free Trade Union who was shot and killed in January 2004. On 17 August, judges of the Appeal Court revisited Chea Vichea’s murder case. Earlier, the Supreme court turned the case back to the Appeal court to review and issue a new decision in this murder case. The Supreme court also decided to release Born Samnang and Sok Sam Oeun, the accused killers of Chea Vichea, on bail. Following the arguments presented by the prosecutor and family members of the victim, the Appeal court ordered a new investigation into Chea Vichea’s murder case after the public and even the former Khmer monarch considered Born Samnang and Sok Sam Oeun as being “artificial” killers.

Chea Vichea Defendants Called to Court

Born Samnang (L) and Sok Sam Oeun (R)

By Men Kimseng, VOA Khmer
Original report from Washington
05 August 2009

The two accused murderers of labor leader Chea Vichea will be summoned back to the Appeals Court later this month, sources close to the court said Tuesday.

Born Samnang and Sok Samoeun, both widely considered innocent of the crime, were released provisionally from jail earlier this year by the Supreme Court, which ordered the Appeals Court to reinvestigate the guilty verdicts against them.

“When I first received the summons, I felt excited, but later I felt stressful,” Sok Samoeun told VOA Khmer. “Justice will come to me soon; I strongly believe that.”

The two men each face 20-year prison terms. They were summoned to appear Aug. 17.

Their release last year was lauded by international and local observers, who have said they were convicted as scapegoats in the absence of compelling evidence and testimony.

They had already been in prison nearly five years when the Supreme Court ordered them released in December 2008.

“I want the case to end soon because I am innocent,” Born Samnang told VOA Khmer. “I have done nothing. I am waiting for the court to pass its judgment.”

Chea Vichea, who was gunned down in Phnom Penh in January 2004, was a popular labor leader able to mobilize great masses of workers. Supporters of Born Samnang and Sok Samoeun say his true killers remain at large.

Chea Vichea’s brother, Chea Mony, who now leads the Free Trade Union his brother once did, said he knew “absolutely nothing” of the court date, and said he had been kept in the dark over the proceedings.

Chea Mony said he would like to see former Phnom Penh police chief Heng Pov called to the Appeals Court. Heng Pov, who has said he was present during criminal acts planned by high-ranking officials, is facing a battery of charges from extortion and kidnapping to murder.

Heng Pov led the investigation in the Chea Vichea killing, and he too has said the two men were innocent.

Free for Now, ‘Plastic Killers’ Face Uncertain Futures

By Ros Sothea, VOA Khmer
Original report from Phnom Penh
20 May 2009

Each morning, a thin Born Samnang stands anxiously near a staircase at a crowded market in central Phnom Penh, looking for clients. Now a motorcycle taxi driver, Born Samnang is trying to put five years of turmoil behind him.

Meanwhile, in Takeo province, Sok Samoeun is trying to earn enough money by teaching English to buy a tuk-tuk, which he’ll use to pick up fares in the capital one day.

Both men were released in January after serving five years in prison, widely believed to be scapegoats, or “plastic killers,” for the 2004 murder of a labor leader.

Both are under provisional release, as an Appeals Court considers the guilty verdicts against them, following a Supreme Court order in December 2008. (No further arrests have been made in the murder, and a spokesman for the Ministry of Interior said no investigation will proceed until the court finishes its work.)

“From now on, I am a new person,” Born Samnang said on a recent morning at his market pitch, as he started to sob.

Having now changed his name, he referred to himself in the third person.

“Before, Born Samnang never studied hard and never wanted to be a motodop,” he said.

Now living with his father, who loaned him a motorbike, and his stepmother, the former Born Samnang earns 15,000 riel, about $3.75, per day.

Few recognize him now, he said. His new life as a free man is difficult, he said, especially because the bike is so old, and some customers aren’t willing to hire him.

“Sometimes, I try to beg the clients to go with me, but they refuse,” he said, vowing to keep working until he can find a better career, perhaps as a staff member for an NGO like those who for years advocated for his release.

Born Samnang and Sok Samoeun were arrested not long after the February 2004 shooting of Chea Vichea, a popular leader of the Free Trade Union.

The court initially found them guilty, despite alibis, scant evidence and unreliable witness testimony.

International and local rights groups continuously lobbied for their release, and even the former king, Norodom Sihanouk, said they should be freed.

The Supreme Court eventually ordered the Appeals Court to review their cases, and both were released, having served five years of 20-year sentences.

They are getting by now, free unless they have their verdicts upheld. They are both concentrating on whatever future they can have.

“I really wish to have a three-wheeled moto, for my living and my mother,” Sok Samoeun said.

Another plastic killer sent to jail?

Thach Saveth at the Court of Appeal on Wednesday. (Photo by: HENG CHIVOAN)

Union murder appeal denied

Thursday, 19 February 2009
Written by Chrann Chamroeun
The Phnom Penh Post

No witnesses come forward to support overturning of conviction: Court of Appeal

THE Court of Appeal on Wednesday upheld the conviction of Thach Saveth, who was convicted of murdering a union leader in 2004. Thach Saveth's lawyer, along with the human rights NGO Licadho, condemned the unanimous ruling by a panel of three judges.

In 2005, Thach Saveth was sentenced to 15 years in prison by the Phnom Penh Municipal Court for the shooting of Ros Sovannareth, a union leader who was gunned down on Kampuchea Krom Boulevard in May 2004. Thach Saveth has always denied involvement in the killing, the second of three union leaders murdered in three years.

Presiding Judge Um Sarith said Wednesday the bench would not overturn Thach Saveth's original conviction because his testimony to the investigating judge in the original case had differed in some respects from his testimony to the lower court.

Um Sarith also said no credible witnesses had come forward to give the court reason to reverse the Municipal Court's decision.

Thach Saveth's defence lawyer, Sam Chamroeun, called the ruling a violation of his client's human rights and said he would appeal to the Supreme Court in less than one month.

"I am very disappointed with the court's decision to uphold the charge against my client without credible evidence and witnesses to support the charge against him," he said.

Sam Chamroeun said his client was innocent and reiterated the claim that Thach Saveth had been in Siem Reap on the day of the killing.

Thach Saveth's appeal attempt followed the recent Supreme Court decision to free two men convicted of murdering another union leader. Born Samnang and Sok Sam Oeun were provisionally released after spending five years in jail for the murder of Chea Vichea in 2004. The Supreme Court in December sent the case back to the Court of Appeal for reinvestigation.

Ros Sovannareth, who was the union president at the Trinunggal Komara garment factory, was shot dead in a killing that rights activists said was similar to the murder of Chea Vichea.

Licadho deplored Wednesday's ruling. In a written statement, Licadho said both hearings had been "blatantly unfair", arguing that the prosecution's case relied on a series of inconsistent written statements by police witnesses whom defence attorneys were not allowed to cross-examine. Some witnesses had identified Thach Saveth as the shooter, while others had said he was the driver of the motorbike used in the killing.

At a February 11 Court of Appeal hearing, the court refused to allow the sole police witness, who was there at the request of the defence, to testify.

A disputed ruling

Licadho said both hearings suggested "a total lack of respect for the presumption of innocence".

"The judges placed the burden on Thach Saveth to prove his innocence, rather than on the prosecution to provide overwhelming evidence of his guilt," the statement asserted. "There is every reason to believe that the case against Thach Saveth was fabricated. He was arrested by the same Tuol Kork district police officers who framed Born Samnang and Sok Sam Oeun."

Thach Saveth's mother, Huon Phalla, attended the hearing and was similarly displeased with the outcome. When the ruling was announced, she cried out: "It is very, very unjust - my son is innocent."

Murder of trade unionist Ros Sovannareth: Cambodian justice backtracking?

19-02-2009
By Duong Sokha
Ka-set

For the second time, the Court of Appeal of Cambodia decided on Wednesday February 18th to uphold the sentenced issued by the Municipal Court in 2005 against Thach Saveth for the premeditated murder of trade unionist Ros Sovannareth. He had been condemned to 15 years in prison following a very criticised trial. A leading member of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), Ros Sovannareth was shot by two unidentified men on a motorbike on May 7th 2004 in Phnom Penh.

Discordant confessions
Judge Oum Sarith argued that the confessions made by Thach Saveth, a 27-year-old former member of Unit 911 of the paratrooper brigade, on February 15th 2005 before the Municipal Court of Phnom Penh, and on February 11th 2009 before the Appeal Court, did not corroborate each other, hence his decision to confirm the charge. This was the only argument offered by the Court to explain its verdict.

Click to Read More...

Justice in Cambodia: will an exact copy of the Chea Vichea case end with the same outcome?

Phnom Penh (Cambodia). 11/02/2009: Chan Sopheak, also known as Thach Saveth, changing back to prison uniform, in the van that will take him back to prison. (Photo: John Vink / Magnum)

11-02-2009
By Duong Sokha
Ka-set

On December 31st 2008, Born Samnang and Sok Sam Oeun were released – on bail for now – after spending almost five years behind bars for the murder of Chea Vichea, president of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), at the end of a process marred by irregularities. The case of Thach Saveth, who was arrested for the killing of another member of the FTUWKC steering committee, Ros Sovannareth, presents striking similarities with that of Born Samnang and Sok Sam Oeun. He appeared on Wednesday February 11th before the Court of Appeal, who will only issue its verdict on February 18th. Once again, civil society calls for the case to be dismissed and denounces the inconsistency of the evidence against the 27-year-old paratrooper.

Click to Read More...

Unionist's killer gets appeal hearing

Wednesday, 11 February 2009
Written by Chrann Chamroeun
The Phnom Penh Post

Thach Saveth, found guilty in 2005, likely to attend court today

The Court of Appeal is expected to hear today the case of Thach Saveth, who was convicted for the 2004 murder of key unionist Ros Sovannareth, in what rights groups say was a frame-up reminiscent of the slaying of labour leader Chea Vichea.

Ros Sovannareth, who was union president at the Trinunggal Komara garment factory, was gunned down by two assailants while driving his motorcycle on Kampuchea Krom Boulevard on May 7, 2004.

Thach Saveth was arrested on July 24, 2004, in connection with the killing and was sentenced to 15 years in prison after a trial in Phnom Penh Municipal Court.

Thach Saveth's slaying closely followed the murder of Chea Vichea during a turbulent time for Cambodia's labour unions. A third labour leader, Hy Vuthy, was gunned down in 2007 amid ongoing attacks against union members.

The Court of Appeal held a hearing in 2008 at which it upheld the conviction of Thach Saveth, said Am Sam Ath, technical supervisor for the rights group Licadho. But he said witnesses, victims and Thach Saveth himself had been barred from attending the hearing, which led to the push for a new appeal.

Sam Chamroeun, Thach Saveth's lawyer, said he had spoken with prison officials and was "80 percent" certain the suspect would be allowed to attend today's hearing.

Am Sam Ath told the Post Tuesday that Thach Saveth continues to maintain his innocence. In several interviews, he said, the suspect has never changed his story.

"He told me that he was arrested and interrogated in Tuol Kork district for drug use only," he said.

Am Sath Ath said these interviews had led him to conclude that Thach Saveth is not the real killer.

Tributes flow for union head

Crowds commemorate the fifth anniversary Thursday of the death of labour leader Chea Vichea, as they carry a portrait of the former Free Trade Union president and bouquets of flowers on a street in Phnom Penh. Photo by: AFP

Friday, 23 January 2009
Written by Khouth Sophak Chakrya and Sebastian Strangio
The Phnom Penh Post

Five years after his death, two men convicted of union leader Chea Vichea's killing pay respects at memorial march, calling for fresh investigations.

HUNDREDS of factory workers and civil society activists gathered Thursday for a commemorative march marking the fifth anniversary of the killing of outspoken trade unionist Chea Vichea - with participation this year from the two men convicted and imprisoned for his murder in 2004.

The event, organised by the Cambodian Confederation of Unions, began at 8am at the headquarters of the Free Trade Union of Workers (FTU) before marching to the site of Chea Vichea's assassination near Wat Lanka, where he was gunned down in 2004 while buying a newspaper.

"We hope the police and investigating judges will make an effort to investigate then arrest the real murderers and their accomplices," said Chea Vichea's brother and FTU President Chea Mony, welcoming the provisional release of suspects Born Samnang, 24, and Sok Sam Oeun, 36, on December 31.

"We have a small amount of justice due to the[ir] temporary release ... but we still have no real justice because the real murderers and their accomplices are living freely," he said.

The two men, released from prison pending retrial after the Supreme Court cited discrepancies in their case, joined civil society leaders in laying wreaths next to a portrait of Chea Vichea and issuing calls for an independent investigation into the labour leader's death.

"I am very happy that I have opportunity to pay my respects to the spirit of Chea Vichea," Born Samnang told reporters.

"I want to tell the people and the international community that I am not a killer. I hope the government will not allow the criminals to continue their activities against the people of our country."

Sok Samouen's father, Von Vann, 65, said the support of civil society and those close to Chea Vichea had helped secure their release.

"My son was released from prison because NGOs and Chea Vichea's family strongly believe he is not the killer. I hope the police and the court will arrest the real murderers soon so my son and Born Samnang will be stripped of their charges," he said.

"They are not real murderers. They are plastic murderers set up by the police."

Opposition leader Sam Rainsy, also present at the march, called on US President Barack Obama to help bring the killers to justice.

"I want a full, serious investigation into this murder," he said.

Although there was a small police presence during the march, Rong Chhun, president of the Cambodian Independent Teachers Association, said in his speech that police had been employed to block traffic and did not engage in the "victimising" tactics of past years.

"From now on, we hope the authorities, including the police and military police, will not use electric batons and their gun-points to ‘protect' peaceful protesters," he said.

Rehabilitated

Although Born Samnang and Sok Sam Oeun are technically guilty of Chea Vichea's murder - both were convicted of the crime by a Phnom Penh court in 2004 - Chea Mony vouched for their innocence and welcomed their presence at the event.

"We are happy to welcome [their] families to the five-year commemoration of my brother's death," he told the Post.

"They are not the real murderers. They are plastic murderers set up by the police to confuse the eyes of national and international observers."

However, as the Court of Appeal and Ministry of Interior prepare to reopen the investigation, some observers are divided on whether their provisional release - a first for Cambodia's judiciary - can be seen as an indication of growing independence, or a brief diversion from the standard of judicial interference.

US embassy spokesman John Johnson said the US government had hopes it was a step in the right direction.

"We welcome the serious and thorough way the Supreme Court Panel reviewed their cases," he said by email. "We presume [it] will guide the Appeals Court in their further work."

He also expressed hopes the court would "resolve this matter in a way consistent with Cambodian law and international standards of due process".

But others said that the decision could easily be reversed.

"They are on bail, meaning that they could be arrested at any time," said Mu Sochua, deputy secretary general of the Sam Rainsy Party, adding that the prospects of a fair inquiry into the Chea Vichea killing remained slim.

"It's been five years. If the government really wanted to have a truly independent investigation, they would have cooperated with the witnesses. But nevertheless, we have to have hope."

Ministry of Interior spokesman Khieu Sopheak would not detail how the forthcoming investigation would proceed, but told the Post that Born Samnang and Sok Samouen had only been released temporarily and were both still accused of Chea Vichea's killing.

"The court has released them on bail but they have not yet completed their work," he said. "We will follow the court's decision."

But Mu Sochua said that the high turnout at the march would send a strong message.

"[This] is a message to the government that the Cambodian people, especially the workers, will continue to demand justice, and that the spirit of the democrats remains strong."

Court to probe union slaying

Suspect Born Samnang offers thanks upon his release from prison on December 31. (Photo by: Heng Chivoan)

Thursday, 22 January 2009
Written by Chrann Chamroeun and Sebastian Strangio
The Phnom Penh Post

On fifth anniversary of Chea Vichea's killing, those close to slain unionist are calling on government to ensure independence of new investigation.

FIVE years after the murder of trade unionist Chea Vichea - and three weeks since the release of the two men imprisoned for the crime - Phnom Penh's Court of Appeal is set to reopen investigations into the circumstances surrounding the killing.

But in the run-up to a commemorative march scheduled for early this morning, court monitors and others close to the slain union leader called on the government to ensure a fair and open investigation into his death.

On December 31, the Supreme Court ordered the provisional release of previously convicted suspects Born Samnang, 24, and Sok Sam Oeun, 36, citing contradictory evidence in their previous trials and turning over the case to the Appeal Court and Ministry of Interior for further investigations.

Although court monitors praised the release of the two men as possible evidence of a flowering of independence in the Kingdom's notoriously corrupt judiciary, Chea Vichea's brother Chea Mony told the Post that there was no guarantee the investigation will be seen through to a just conclusion.

"It was very mysterious that the Supreme Court released the two innocent men on bail temporarily and turned the case over to the Court of Appeal," he said.

"It isn't yet known how the process of the investigation will be organised."

Minister of Interior spokesman Khieu Sopheak could not be reached for comment Wednesday, but Sok Sam Oeun's defence lawyer Hong Kim Suon said he expected investigations to begin in the coming weeks.

"The case documents are now being prepared to be filed to the Court of Appeal to conduct an investigation which, according to judicial procedure, takes at least a month," he said. "I don't know whether the case is now in the hands of the Court of Appeal."

Five years on

To mark the fifth anniversary of Chea Vichea's killing, the Cambodian Confederation of Unions organised a commemorative parade that was to march this morning from the union headquarters in Boeung Keng Kang 3 to the site near Wat Lanka where Chea Vichea was gunned down in 2004.

Chea Mony said that the event, in addition to marking his brother's life and work, was a plea for "an independent court to conduct a reinvestigation into the killing with numerous witnesses of whom former Phnom Penh police chief Heng Pov is [among] the [most] important".

"It isn't yet known how the process of the investigation will be organised."

Freed suspect Sok Sam Oeun said he and his father would be attending the ceremony, requesting that the government "hunt for the real killers so they can be punished thereby ending the charges against me".

"I don't feel any concerns or worry for my safety since I am innocent," he added.

However, some observers are more pessimistic about the possibility of an independent investigation into the trade unionist's murder.

On Tuesday, the Sam Rainsy Party and Human Rights Party - now operating under the banner of the Democratic Movement for Change - issued a joint statement saying that the release of Born Samnang and Sok Sam Oeun was an admission [by the government] of their innocence and that a fair investigation was unlikely to ensue.

"The release on bail of Born Samnang and Sok Sam Oeun ... further demonstrates that the government of Cambodia is certain of their innocence but refuses to stop its travesty of justice," the statement said.

Human Rights Watch's Sarah Colm was similarly sceptical, telling the Post on December 31 that "one case doesn't make or break a long pattern of deeply entrenched impunity".

But Ham Sunrith, deputy director of monitoring and protection at local rights group Licadho, was more optimistic, saying that the authority of the Supreme Court could force the investigation ahead.

"The Court of Appeal was appointed by the Supreme Court to find more witnesses and more evidence in this case," he said, adding that the court had already set a good precedent by releasing the two suspects on bail - something that is mandated by the Criminal Code, though rarely observed.

"This is a good model for other courts," he said.

"The Supreme Court is a high court and it has [already] set a good precedent that suspects be released pending investigations."

Please help the filmmakers of "Who Killed Chea Vichea?"

Brad with Samnang and his mom
Sam Ouen

Request from filmmakers of "Who Killed Chea Vichea?"
22 January 2009

Help make history

History isn't what has happened. History is what is known to have happened.

Five years ago today, Chea Vichea, the outspoken leader of Cambodia's garment workers, was shot down on the street in Phnom Penh. Within minutes, Bradley Cox was there with his camera as police swarmed the scene.

Born Samnang and Sok Sam Oeun were arrested only days later, and Brad was there. The framing of these two innocent men started his five-year journey to record history as it happened.

"Who Killed Chea Vichea?" isn't even finished yet, and it's already having an impact. Samnang and Sok Oeun were released by the Supreme Court three weeks ago, after five years in prison. And again, Brad was there to film it.

While it's impossible to know for sure why Samnang and Sok Sam Oeun were released, many observers have told us that the film must have played a big part in the decision. The government was well aware of it, and the government relies on foreign aid.

But their names have not been cleared. The case against them has gone back to the appeals court. Meanwhile the real killers are still out there. The same is true of the killers of human rights advocate Om Radsady, radio announcer Chor Chatharith, actress Piseth Pilika and many others who have found themselves on the wrong side of power in Cambodia.

As long as these crimes go unpunished inside Cambodia and unknown outside Cambodia, fear will continue to rule. This film is meant to help change that fact.

We need your help now to finish this film and make history.

Click here to donate

A typical documentary of this scale costs $400,000 to $600,000. We are making our film for half of that. Beyond putting in our personal resources and countless hours of work, we are making every additional dollar count.

Why? Because like you, we're passionate about the truth. We're passionate about this case and we're passionate about human rights in Cambodia and around the world.

While we are receiving public television funding, it is not enough. We are only a few months away from finishing the movie but we still need to raise money to help pay for a small office space in New York, to help pay for an editor, for graphics and sound mixing, and more. For example:

• $50 pays for a typical festival entrance fee
• $200 pays for a hard drive, or for the rights to a video clip
• $500 pays for one day's shooting
• $1000 pays for screening the film for workers in Cambodia or another garment-producing country

Will you help us?

Click here to donate

If you can donate $200 or more we will list you as a donor on the big screen, on the home DVD and in the TV version if possible. In any case we will list your name on the web site. (Thanks again to those who are already there!)

Thank you for your support. May the new year bring justice and joy.

Rich Garella,
Jeffrey Saunders
and Bradley Cox

PS:
We received this note recently from one of our translators in Cambodia; for his own safety he doesn't want his name used:

"This work made me more determined to fight in this highly unbalanced war. Compared to Vichea my sacrifice is much much less. How can I remain idle for Vichea's cause? Once again thanks for your help for the cause of my country. Your work has an incredible value."

One day, we will be able to give him the credit he deserves, along with all the other Cambodians who risked their own safety to help make this film. Your support now can bring that day closer.

Accused Killer Calls for Proper Investigation

Sok Sam Oeun (Center) (Photo: AFP)

Hong Kim Suon, lawyer of recently released suspect Sok Samoeun, who is facing an appeals hearing in coming months with a second suspect, Born Samnang.

By Sok Khemara, VOA Khmer
Washington
13 January 2009

One of the men released in the murder case of Chea Vichea on Monday called for Cambodian authorities to conduct thorough investigations before arresting the “innocent.”

“In prison it’s not easy,” Sok Samoeun, who is awaiting an Appeals Court hearing on murder charges against him, said on “Hello VOA.” “It’s something that has more suffering than I can say.”

Sok Samoeun stands accused, along with Born Samnang, of the murder of union leader Chea Vichea, in January 2004, but both men are widely considered innocent.

They each face 20-year prison sentences, but were released earlier this month when the Supreme Court ordered the Appeals Court to rehear their case.

Since his release, Sok Samoeun has entered a pagoda as a monk.

His lawyer, Hong Kim Suon, said Monday the police should conduct a credible investigation into the killing.

“If they can’t find the real killer in the future, they can’t put my client back in jail for an exchange,” he said.

A Surprising Legal Turn In Cambodia [-Injustice is so bad under Hun Sen's rule]

By Michael Sullivan
National Public Radio (USA)

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All Things Considered, January 10, 2009 · In Cambodia, Born Samnang had a New Year's Eve he'll never forget: He was released after five years in prison. He'd been convicted of a crime nobody — not even the Cambodian authorities — though he committed. His release surprised almost everyone. But nobody's saying that the rule of law has returned to Cambodia.

Released Suspects in Union Murder Wary

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
02 January 2009

Two men released on bail Thursday night after more than four years in prison said they were grateful but wary they had not received full justice.

Born Samnang, 24, and Sok Samoeun, 36, were released from Prey Sar prison Wednesday night, following a decision by the Supreme Court Wednesday ordering the Appeal Court to review murder charges against them for the 2004 killing of popular labor leader Chea Vichea.

The two men are widely believed innocent for the murder, despite decisions by the Phnom Penh Municipal and Appeals court of their guilt.

"We have not received 100 percent of justice yet, if we do not commit a murder, but at least we received a part of justice," Born Samnang told VOA Khmer by phone Thursday. "When I walked out of prison, my life was reborn, and I will be very happy if the court will completely
drop all charges against me."

"In walking out of prison, I am very happy," Sok Samoeun said. "But I have a very strange and unclear feeling for an injustice against me, as I suffered under powerful and legal men in Cambodia. I want the court to drop completely all charges against me, to provide real
justice for me, because I did not commit a murder."

Both men will be expected to appear before the Appeals Court in coming months, but their release, even if temporary, was welcomed.

"We hope the Appeals Court will take up the case expeditiously and finally resolve this matter in a way consistent with Cambodian law and international standards of due process," the US Embassy said in a statement.

Hong Kimsoun, defense lawyer for both men, called the decision a "victory"

Chea Vichea, the president of the Free Trade Union of Workers of the Kingdom of Cambodia, was gunned down Jan. 22, 2004, near the newspaper stalls near Wat Langka, in Phnom Penh's Chamkarmon district. Both were arrested shortly thereafter and convicted in August 2005 of murder, despite alibis and the absence of key evidence.

The municipal court's decision was upheld by the Appeals Court in April 2007, but after a five-hour hearing Wednesday, the Supreme Court said ordered the Appeals Court to review "mistakes" judges had made in legal process and evidence.

Supreme Court ruling on Chea Vichea killers gets mixed reaction

Vuon Phon, Sok Sam Oeun’s father who has campaigned for his son’s release, talks to reporters after Wednesday’s court ruling. (Photo by: HENG CHIVOAN)

Friday, 02 January 2009
Written by Chrann Chamroeun and Christopher Shay
The Phnom Penh Post

After nearly five years in prison, Born Samnang and Sok Sam Oeun – convicted of killing union leader Chea Vichea – have been released pending an Appeal Court retrial

BORN Samnang and Sok Sam Oeun, the convicted murderers of outspoken union leader Chea Vichea, woke up in prison for the 1,798th time on Wednesday but went to bed free men.

The Cambodian Supreme Court on Wednesday sent their case back down to the Appeal Court and released them from prison, citing contradictory evidence in the previous trials.

For the first time in nearly five years, the two men were going home.

But many rights organisations - though pleased with Wednesday's decision - are not ready to believe in the independence of the Cambodian judiciary.

"Looking back later, we would hope that this is when the Cambodian judiciary turned the corner.... But we can't say this solves the problem. One case doesn't make or break a long pattern of deeply entrenched impunity," said Sara Colm of Human Rights Watch.

The intense local and international attention that this case received may have led to a rare set of circumstances where the court could decide on the facts, resulting in a decision that may not be indicative of the judiciary as a whole, Colm said.

"I AM VERY HAPPY AND EXCITED FOR THE COURT’S DECISION TO RELEASE ME ON BAIL."

"The fact that the Supreme Court sent the case back is definitely a very welcome development.... But we don't know what will happen at the Appeal Court."

The US embassy said in a release that it hoped "the appeal court will take up the case expeditiously and finally resolve this matter in a way consistent with Cambodian law and international standards of due process".

Suon Sareth, executive secretary at the Cambodian Human Rights Action Committee, shared Colm's wait-and-see approach.

"When the Cambodian court has a case like this, they can't abruptly drop it. They delay, delay, delay and hope it will be forgotten. When they say they will conduct a new investigation, they will find nothing, and it will take years," he said.

"But we will follow. We will monitor," he promised. "[This] is only a first step in an independent judiciary."

Happy to be free

As Born Samnang was escorted into a car back to prison while his release papers were being processed, he told reporters: "I am very happy and excited for the court's decision to release me."

Sok Sam Oeun's father, Vuon Phon, told the Post, "I'm so happy my son will be released, and I could see him with a big smile".

In addition to requesting a new investigation into Chea Vichea's killing, Peung Yok Hiep, a lawyer representing Chea Mony, the deceased's brother, requested that the pair receive US$50,000 in civil compensation for their time in jail.

Prosecutor Chhoun Chantha remained adamant about the pair's guilt.

"It's normal for the accused to find ways to fool the court in order for them to be released from punishment," he told reporters after the hearing.

But around the courtroom, he was in the minority.

When Judge Dith Monty, the court president, announced his ruling after the four-hour hearing, the audience outside the courtroom burst into applause, ecstatic that the two men would have another chance at freedom.

"I am delighted about the Supreme Court's decision because it will provide a way for further investigations to seek justice for Chea Vichea," said Rong Chhun, a friend of the slain man, who was gunned down at a newspaper stand in 2004.

Though the convictions were widely and repeatedly condemned by local and international rights organisations, many expressed surprise at the court's announcement, temporarily releasing the men and opening the possibility that they could be freed permanently.

'Strange and surprised'

The executive director of the Cambodian Defenders Project (CDP), Sok Sam Oeun - no relation to the defendant - was stunned.

"I feel strange and surprised because I never trusted the independence of the Supreme Court. I hope this means the judiciary in Cambodia is improving," he said.

Chea Mony, who has condemned the two men's conviction, did not even attend the trial, saying he had lost faith in the Cambodian judicial system.

"However, I now have a newfound confidence in the court system, and I think the investigation at the Appeal Court level will not take as much time as the previous investigation," he said.

The provisional release of Born Samnang and Sok Sam Oeun is, said Sok Sam Oeun of the Cambodian Defenders Project, "the first case in our judicial history of a pretrial release following a Supreme Court case".

Cambodia orders review of slain union boss case

Wednesday, 31 December 2008
Reuters

Human rights groups say the two men were framed, pointing to the lack of evidence.

Cambodia's Supreme Court granted bail on Wednesday to two men jailed for the 2004 murder of a prominent union leader and ordered a review of their case, which rights groups say was seriously flawed.

Relatives and friends of Born Samnang and Sok Sam Oeun cheered in the packed courtroom after the judges referred the pair's 2005 convictions for the killing of Chea Vichea to an appeal court for investigation.

"I got bail but the case is not over yet," Born Samnang told Reuters as he left the court to sign his bail papers.

The two were sentenced to 20 years in jail for shooting Chea Vichea, a vocal critic of Cambodia's business and political elite, as he read a newspaper at a newstand in Phnom Penh.

An appeal court in 2007 upheld their convictions, a ruling the United Nations called a "grave injustice" that underlined "continuing impunity" in the Southeast Asian nation.

Human rights groups say the two men were framed, pointing to the lack of evidence and glaring holes in the prosecution's arguments. A key witness in their 2005 trial had testified that neither man was present at the shooting.

The pair told the Supreme Court judges their convictions were a result of beaten confessions while in police custody.

The U.N. human rights envoy to Cambodia said Wednesday's court ruling could pave the way for an "in-depth and thorough revision of the entire case, both on matter of fact, law and procedure, so that a real decision of justice is made."

Cambodian court releases alleged killers of union boss

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.

Cambodian court suspected killers

Wednesday, December 31, 2008
AP

PHNOM PENH, Cambodia - Cambodia's highest court on Wednesday provisionally released two imprisoned men many believe were framed in the murder of a prominent labor leader and government critic.

Supreme Court judge Dith Munty ordered the temporary release of Born Samnang, 24 and Sok Sam Oeun, 36, but also ordered further investigation and preparations for the retrial of the two convicted men.

The two are serving 20-year prison terms for the 2004 killing of Chea Vichea, the former head of Cambodia's Free Trade Union of Workers and an outspoken critic of government corruption and human rights abuses.

Dith Munty said the court temporary released the duo since they had already served more than four years of their terms and clarification was needed over some points during the investigation and trial by a lower court.

The release comes after strong protests from leading local and international human rights groups.

"The Cambodian Supreme Court should rely on the evidence and not give in to government pressure when it reviews the case," said Sara Colm, of the New York-based Human Rights Watch, in a statement earlier this week.

"Born Samang and Sok Sam Oeun have already spent five years behind bars for a crime they did not commit, and it is time for justice to be done in this case," the statement added.

Chea Vichea, 36, was the founder and president of the Free Trade Union of Workers. He was shot and killed in broad daylight in front of a newsstand in Phnom Penh on January 22, 2004.

Vichea was well known for his outspoken efforts to organize garment workers and to fight for improved working conditions in Cambodia, work he continued in spite of death threats.

After 4 years of jail under false charge, Born Samnang and Sok Sam Oeun are now on provisional release: Hun Sen's court half-hearted justice?

Cambodian prisoners Born Samnang, left, and Sok Sam Oeun, center, are paraded by police in Supreme Court in Phnom Penh, Cambodia, Wednesday, Dec. 31, 2008. A Cambodian highest court on Wednesday provisionally released the two believed to have been framed for murdering a prominent labor leader and government critic. (AP Photo/Heng Sinith)

Cambodia: Court Suspected Killers

2008-12-31
AFP

PHNOM PENH, CAMBODIA: Cambodia's highest court on Wednesday (31 Dec) provisionally released two imprisoned men many believe were framed in the murder of a prominent labor leader and government critic.

Supreme Court judge Dith Munty ordered the temporary release of Born Samnang, 24 and Sok Sam Oeun, 36, but also ordered further investigation and preparations for the retrial of the two convicted men.

The two are serving 20-year prison terms for the 2004 killing of Chea Vichea, the former head of Cambodia's Free Trade Union of Workers and an outspoken critic of government corruption and human rights abuses.

Dith Munty said the court temporary released the duo since they had already served more than four years of their terms and clarification was needed over some points during the investigation and trial by a lower court.

The release comes after strong protests from leading local and international human rights groups.

"The Cambodian Supreme Court should rely on the evidence and not give in to government pressure when it reviews the case," said Sara Colm, of the New York-based Human Rights Watch, in a statement earlier this week.

"Born Samang and Sok Sam Oeun have already spent five years behind bars for a crime they did not commit, and it is time for justice to be done in this case," the statement added.

Chea Vichea, 36, was the founder and president of the Free Trade Union of Workers. He was shot and killed in broad daylight in front of a newsstand in Phnom Penh on 22 Jan 2004.

Vichea was well known for his outspoken efforts to organize garment workers and to fight for improved working conditions in Cambodia, work he continued in spite of death threats.