Rights groups welcome order to free man jailed for unionist murder

Mar 2, 2011
DPA

Phnom Penh - Cambodian human rights groups welcomed the Supreme Court's order on Wednesday to release a man imprisoned for the 2004 murder of a prominent trade unionist.

Thach Saveth was sentenced in 2005 to 15 years for the killing of garment union factory head Ros Sovannareth. He had always protested his innocence.

The Supreme Court said Wednesday that the lower court must re-examine the conviction and ordered Thach Saveth's provisional release.

However, by late Wednesday, his paperwork had not been processed and he remained in prison.

CCHR comment to media - Supreme Court ruling in case of Thach Saveth raises more questions than answers

Dear all

Further to today's emailed English language comment to the media from the Cambodian Center for Human Rights concerning the release of Thach Saveth, please find attached a Khmer version of the comment.

CCHR Media Comment - Supreme Court Ruling in Case of Thach Saveth Raises More Questions Then Answers- Khmer

Supreme Court Ruling in case of Thach Saveth raises more questions than answers

Dear all

The Supreme Court of the Kingdom of Cambodia today, 2 March 2011, ordered the provisional release of Thach Saveth from detention – albeit under judicial supervision – on account of a lack of evidence and the length of time that he has already spent in detention and has sent the case back down to the Court of Appeal to be re-considered. Thach Saveth has been in prison since 2004 since being convicted of and sentenced to 15 years imprisonment for the murder of Free Trade Union of Workers in the Kingdom of Cambodia Ros Sovannareth.

While the Cambodian Center for Human Rights (“CCHR”) welcomes Thach Saveth’s long overdue release, his initial conviction for a crime for which there was no credible evidence against him raises more questions than it provides answers about the competence of the Cambodian judiciary and its failure to provide accountability in cases involving violent crimes against union activists, journalists and other human rights defenders.

Ou Virak, President of CCHR, a non-political, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia, commented:

“I am delighted that Thach Saveth has finally been released from detention, even if it’s only provisionally, after almost six years in prison for a crime which he is widely believed not to have committed. The fact that the case needed to be proceeded as far as the Supreme Court in order for it to be rejected for a lack of evidence at best suggests a lack of competence within the Cambodian judicial system and at worst points to its manipulation in political and or sensitive cases. As with the cases of Chea Vichea and Hy Vuthy, the real perpetrators of this crime have not been brought to justice. The judiciary’s lack of competence and independence continues to be one of the most important factors preventing the country from developing a fair, just and inclusive society based on the rule of law. I sincerely hope this is an end to Thach Saveth’s ordeal as a victim of our justice system. Until wider problems within our judiciary are rectified, it appears likely that more innocent Cambodian citizens will have to suffer for crimes that they have not committed”.

Please find attached in English a copy of this media comment in PDF. A Khmer version will follow later today.

Thank you and kind regards

--

The Cambodian Center for Human Rights (CCHR) is a non-political, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia. For more information, please visit www.cchrcambodia.org.

Supreme Court Again Delays Decision on Unionist Murder

Heng Reaksmey, VOA Khmer
Phnom Penh Wednesday, 16 February 2011

"The Supreme Court was “too busy” to present a decision."

The Supreme Court on Wednesday delayed a verdict against a man accused of murdering a labor activist, putting off a decision as the UN’s special envoy for human rights is in Cambodia to assess the courts.

Surya Subedi, the human rights special representative for the UN secretary-general, is on a 10-day mission that began Tuesday. He arrived at the Supreme Court early Wednesday morning, only to witness a decision delayed for the second time.

Judges said they would announce a decision on March 2 in the case against Thach Saveth, who is accused of the 2004 murder of Ros Sovanareth, the head of a factory union.

Rights group say Thach Saveth’s case lacks evidence and that he is likely not the killer. Thach Saveth has said he is innocent and has an alibi.

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.