Sok Sam Oeun: “Shooting at a crowd cannot be called an unintentional act”

Sok Sam Oeun

21 April 2012
By Seng Dyna
Radio France Internationale
Translated from Khmer by Soy

Our weekly guest for today is Mr. Sok Sam Oeun, the executive director of the Cambodian Defenders Project (CDP). In response to questions asked by RFI’s Seng Dyna, Sok Sam Oeun explained about “causing unintentional injuries” which the Svay Rieng province prosecutor used to charge Chhouk Bandit, the former mayor of the city of Bavet, for his involvement in the shooting that injured factory workers on 20 February 2012. Sok Sam Oeun said that shooting on a crowd of people cannot be called an unintentional act.

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For Suspects, Little Presumption of Innocence: Experts

Sok Sam Oeun, executive director of the Cambodia Defenders Project. (Photo: by Heng Reaksmey)

Wednesday, 04 January 2012
Sok Khemara, VOA Khmer | Washington, DC

“I’ve heard some officials say that when the police turn in [a suspect], they have to detain him.”

Cambodian legal experts say the procedures for arrest and detention and the roles of lawyers remain flawed, with a system that keeps people in jail without trial and a culture that does not respect the rights of suspects.

Overall, the legal system was designed for the presumption of innocence. However, nowadays many people are being held only on complaints.

“I’ve heard some officials say that when the police turn in [a suspect], they have to detain him,” Sok Sam Oeun, head of the Cambodian Defenders Project told “Hello VOA” Monday. “If the court officials understand it like that, it means there’s a mistake.”

Ongoing Torture Goes Unpunished: Rights Workers

Kong Sothanarith, VOA Khmer
Phnom Penh Tuesday, 09 November 2010

“Torture is not only explained through physical oppression, but also the oppression of mental thinking.”

While torture continues for suspects in the custody of police and other security officials, leading rights workers say it rarely goes punished. And it can come in different forms.

“Torture is not only explained through physical oppression, but also the oppression of mental thinking,” said Sok Sam Oeun, executive director of the Cambodian Defenders Project.

Threats and other mental pressure used to coerce confessions are also an ongoing problem, he said, as a guest on “Hello VOA” Monday.

The Defenders Project and other groups say Cambodia's record of torture in the penal system should be examined by the UN Committee Against Torture, which reviews Cambodia's commitments to an anti-torture agreement in Geneva on Tuesday.

Meanwhile, the country still lacks the will or means to charge perpetrators, he said. “There have been no punishments made by the courts.”

“Since Cambodia singed the convention against torture in 1992, there have been a few people responsible for torture who have been punished,” Chan Saveth, chief investigator for the rights group Adhoc, said on “Hello VOA.” “And victims don't have the courage to file a lawsuit.”

Callers expressed concern over torture in post-conflict Cambodia, as well as land grabs and violence against human rights workers. One caller from Kampong Cham asked whether the government knew about abuses, including the reportedly forced confessions of Born Samnang and Sok Samoeun, two men who are currently free on bail—and widely considered innocent—on charges they killed labor leader Chea Vichea in 2004.

“They were tortured and forced to confess,” Chan Saveth said. “And they have not totally been acquitted.”

Family of Slain Union Leader Welcomes Court Move

By Khemara Sok, VOA Khmer
Original report from Washington
21 August 2009

Relatives of Chea Vichea, who was gunned down in 2004, joined UN agencies in praising a recent court order for a reinvestigation into the case, saying two men widely believed innocent should be absolved of the charges against them and the true murderers punished.

The statements follow the order of the Appeals Court Monday reopening the investigation, potentially freeing Born Samnang and Sok Samoeun, two men arrested shortly after the killing and facing 20-year prison sentences.

The Supreme Court ordered their release on bail in December 2008, leading to hopes the Appeals Court, which had been ordered to review the case, would free the men.

“I just want to suggest to the government and the Appeals Court to revise the case and find the real killer and fully free the two convicted,” said Chea Kim Ny, wife of the slain union leader, speaking from Finland, where she has political asylum.

The UN human rights office in Phnom Penh issued a joint statement with the International Labor Organization this week welcoming the Appeals Court decision and adding that the evidence against Born Samnang and Sok Samoeung was even more clearly insufficient for their detention.

The case “raised wider questions about the ability of the Cambodian justice system to administer justice in accordance with international standards and the willingness of the authorities to combat extra-judicial killings and impunity,” the groups said. “The miscarriage of justice perpetrated against Born Samnang and Sok Samouen has allowed the real murderers to escape justice for more than five years now.”

Chea Mony, Chea Vichea’s brother, who now heads the Free Trade Union, said the court should issue an official letter freeing the two men.

Chea Vichea was only the one in a line of murdered labor leaders. His shooting was followed by the killing of Ros Sovannareth, killed in May 2004, and Hy Vuthy, killed in February 2007.

None of the cases has been solved.

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.

Documentary Probes Chea Vichea’s Murder

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

Born Samnang and Sok Samoeun have each tearfully denied involvement in the murder for which they are blamed at every trial they’ve attended.

Facing 20-year prison sentences for the alleged killing of Chea Vichea, both are widely considered innocent, and in January, the Supreme Court ordered them released and has asked the Appeals Court to reexamine their case. But if it wasn’t them, then who was responsible for the death of the popular labor leader?

The question is asked but never answered in “Who Killed Chea Vichea?,” a new documentary from filmmaker Bradley Cox, screened in Rhode Island last week.

Cox’s first film, “The Plastic Killers,” examined the court case against Born Samnang and Sok Samoeun, and his new film investigates the murder beyond the suspects and puts more emphasis on the victim.

“I go into a lot of detail about the case of Chea Vichea and the death and the murder of Chea Vichea, but I also expand on the theme of the movie, to use it as an example of some of these problems [of corruption and impunity] that continue to plague Cambodia,” Cox said in an interview with VOA Khmer last week.

Rights groups have welcomed the film, claiming it sheds light on the innocence of the two men and the shortage of independence within the court system.

“Evidence in the video will show better that neither of the accused were Chea Vichea’s killers in 2004,” Om Samath, a rights investigator for Licadho who has been following the case, told VOA Khmer last week. “This is a good thing that will push the Appeals Court to seriously look into the case and hopefully be able to bring the real killer for prosecution and give justice to the victims.”

Chea Vichea, a former president of the Free Trade Union of Workers in the Kingdom of Cambodia, held wide influence over garment factory workers and was able to rally them in mass gatherings. He was gunned down in an assassination-style on the morning of Jan. 22, 2004, while reading a newspaper with friends at a newsstand near Wat Lanka.

Not long after, police arrested Born Samnang and Sok Samoeun. Both the Phnom Penh Municipal Court and the Appeals Court sentenced them to 20 years in prison.

“I am only telling the truth,” Sok Samoeun told VOA Khmer last week. “Once they charged me, I knew nothing of the killing. I didn’t know about the killing or who died. I knew nothing.”

Both men have been summoned to the Appeals Court later this month.

Lt. Gen. Khieu Sopheak, a spokesman for the Ministry of Interior, said the two are out on bail and no decision has been made in their case. He was surprised to learn the film had been released.

“Which one is the ‘Who’?” he asked, in reference to the title of the film. “Who did the film accuse?”

The film does not accuse anyone of the crime, but seeks to demonstrate that the two men accused of it could not have done it.

“What I’ve done is show conclusively who didn’t kill Chea Vichea,” Cox said. “It wasn’t Born Samnang and Sok Sameoun. I think any reasonable person can make their own conclusion. I don’t make a hard and fast conclusion as to who pulled the trigger. Personally, I don’t think we’ll ever know who really shot Chea Vichea on that day.”

The defendants, he said, do not have to prove in court who did the crime, he added, “just prove they didn’t do the killing themselves.”

Finding the killer, “that’s supposed to be the police’s job,” he said. And the more important question remains, knowing who was behind the decision to have Chea Vichea killed.

“Who Killed Chea Vichea?” includes interviews with police officers, judges, senior politicians in the ruling and opposition parties and rights and civic groups. It was filmed mainly in Cambodia, with other scenes in France, Holland, Thailand, Belgium and the US.

It will be shown on television in the US, as well as in Europe and Asia, but the filmmakers are not sure whether it will appear in Cambodia.

The recent screening, a little more than a week ahead of the Aug. 17 court day for Born Samnang and Sok Samoeun, was a coincidence, Cox said, and was unlikely to influence the court.

If the judge evaluates the case on its merits, “he would have to release Born Samnang and Sok Samoeun, because they are innocent,” Cox said. If there is political pressure, the two may not be released.

“Either way I don’t think my movie will have an effect on the judge,” he said.

Meanwhile, the biggest question remains unanswered.

“Chea Vichea’s killer is still far away,” said his brother, Chea Mony, who now heads the Free Trade Union. “We still don’t have a clue. We are still waiting for justice, and we have received not a single piece out of million.”

More information on the film, including a preview, can be found at
www.whokilledcheavichea.com

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.

Reactions surrounding the lifting of Sam Rainsy’s parliamentary immunity

(Photo: Reuters)

04 March 2009
By Phan Sophat
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

Opposition party and NGO officials, as well as some legal scholars were reacting to the recent lifting of opposition leader Sam Rainsy’s parliamentary immunity, saying that this action is illegal and could be construed as a threat to democracy in the future.

Opposition leader Sam Rainsy saw his parliamentary immunity suspended the National Assembly (NA) permanent committee on 26 February.

The decision was made based on a request by the ministry of Justice stemming from a lawsuit case in which Sam Rainsy refused to pay the 10 million riels ($2,500) fine imposed on him the National Election Committee (NEC) for defaming CPP leaders during the past general election campaign.

Sok Sam Oeun, President of the Cambodian legal right defender organization, said that the lifting of Sam Rainsy’s immunity is contrary to the constitution.

Sok Sam Oeun said: “Even if it abides by the (NA) internal rule, it only means that it is the NA rule, the internal rule of the NA, but if they maintain such rule and gives such explanation, it is contrary to the constitution also.”

He added that such action will affect the progress of democracy: “Therefore, in the future, the way this NA acts, it can do anything it wants, so I say that this is against democratic principles.”

Article 80 of the constitution stipulates that “The deputies shall enjoy parliamentary immunity. No assembly member shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his (her) duties.”

“The accusation, arrest, or detention of a member of assembly shall be made only with the permission of the assembly or by the Standing Committee of the Assembly between sessions, except in case of flagrante delicto. In that case, the competent authority shall immediately report to the assembly or to the Standing Committee for decision.”

The Constitution also stipulates that “The decision made by the Standing Committee of the assembly shall be submitted to the assembly at its next session for approval by a 2/3 majority vote of the assembly members. In any case, detention or prosecution of a deputy shall be suspended by a 3/4 majority vote of the Assembly members.”

Ou Virak, President of the Cambodian Center for Human Rights (CCHR), said that the decision taken by the NA permanent committee is a violation of the democratic process.

Ou Virak said: “We can see that (1) it is wrong, their action is not right, (2) as far as democracy is concerned in Cambodia, we can see that actions are not done according to the law or according to correct policy, they are conducted based on the circumstance, and decisions are made by the conviction of a small group or by an individual. This means that democracy is not stable at all.”

SRP MP Son Chhay said that the decision to lift Sam Rainsy’s immunity shines a bad light on the Cambodian parliament: “This is only a case involving money, it should not lead to a lifting of parliamentary immunity, this makes the MPs look valueless. It’s not just the opposition MPs who are valueless, but all the 123 MPs are cheap, that also includes Samdach Heng Samrin, his immunity is also valueless just like ours, because for such a case, they lift the parliamentary immunity just like a joke.”

Regarding this parliamentary immunity lifting case, CPP MP Cheam Yeap said: “The permanent committee only said it, but it did not make any decision yet. They only include the case in the agenda of the (NA) meeting, they ask to suspend the immunity, but there is no (NA) meeting yet, nothing was done yet, but H.E. Sam Rainsy was all afraid by himself.”

Nevertheless, Dr. Chhim Phal Vorun, director of the institute for Civil Education, said that the NA should resolve this issue for future cases.

At this point in time, the dispute between Sam Rainsy and the NEC has already ended. Following the payment of the fine by Sam Rainsy, the NEC dropped its lawsuit, but the question remains as to whether Sam Rainsy will recover his parliamentary immunity or not, and if he does, when?

Mrs. Chea Vannat, a Cambodian political commentator, said the return of the parliamentary immunity to the opposition leader is necessary so that it can show the positive side of the application of political plurality in Cambodia. Mrs. Chea Vannat said: “Because we keep on saying that Cambodia is a plural democracy that includes opposition parties, but if the opposition party cannot function properly, then we can no longer call it a plural democracy anymore.”

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."

Hundreds Mark Murder of Union Activist

Mu Sochua and Chea Mony, discussing strategies for the march (All photos: SRP)
Ron Chhun, leader for the Cambodian Independent Teachers Association (CITA), calling for an end to police brutality against workers who exercise their rights to protest.
Sam Rainsy and Kem Sokha, leaders of the Democratic Movement for Change, marching with their members of Parliament
Sam Rainsy and the father of Sok Sam Oeun, who has suffered severe emotional stress caused by his five years in jail
Born Samnang, wrongly accused of the murder of Chea Vichea, and his mother
Hundreds of police were dispatched along the march route

By Heng Reaksmey, VOA Khmer
Phnom Penh
22 January 2009

Hundreds of people gathered in Phnom Penh Thursday to mark the fifth anniversary of the murder of popular labor leader Chea Vichea.

The crowd amassed at the headquarters of the Free Trade Union of the Workers of the Kingdom of Cambodia, which was once led by Chea Vichea and is now led by his younger brother, Chea Mony.

“I attended the anniversary today to show that I want the government to find justice for Chea Vichea,” said Chanty, a 23-year-old worker from Cambohanse Factory.

Chea Vichea was gunned down in broad daylight in front of a newspaper stand near Wat Lanka, in Phnom Penh’s Chamkarmon district, on the morning of Jan. 22, 2004.

He had been a popular leader of garment factory workers, capable of calling huge demonstrations in Cambodia’s only real export industry.

Two men, Born Samnang and Sok Samoeun, were subsequently sentenced to 20 years in prison for the killing. But both are widely considered innocent, and in December the Supreme Court ordered a review of their case by the Appeals Court and ordered their temporary release.

Human rights officials say the true killers of Chea Vichea remain at large, and on Thursday opposition leader Sam Rainsy urged further investigation into the killing and called on the US administration of newly elected president Barack Obama to help.

“Please, new president Barack Obama, help the Khmer people to seek the real killers and to punish them by law,” Sam Rainsy told the crowd. “I believe there is still someone behind the killers. So the real killers should be unmasked.”

Ministry of Interior spokesman Lt. Gen. Khieu Sopheak said police had not closed the investigation and were waiting for Phnom Penh Municipal Court for a request to resume the search.

Municipal court officials said the case of Chea Vichea was in the hands of the Appeals Court, but Appeals Court officials said they were waiting for the case to come from the Supreme Court. Supreme Court Vice President Khim Pon declined to comment.

Hong Kim Suon, lawyer for Sok Samoeun, said the case remained at the Supreme Court and he was not sure when it would move to the Appeals Court.

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.

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
29 December 2008

Families for accused murderers Born Samnang and Sok Samoeun are fearfully awaiting a final decision by the Supreme Court over whether the two will serve the remainders of their 20-year prison sentences.

Both men were tried and sentenced by Phnom Penh Municipal Court in August 2005 for the 2004 murder of popular labor leader Chea Vichea,but human rights groups, labor organizations and others widely agree they are innocent. The Court of Appeals in April 2007 upheld the verdict and sentence, and the Supreme Court began deliberations last week.

"I am waiting for the result of the Supreme Court and am trembling with fear on whether the court will decide to release him or not, because my son has not committed a murder," said Noun Kim Sri, mother of Born Samnang.

"I have no hope for a Supreme Court decision to release him, but I've put my hope on the king to pardon him," said Vorun Phnon, Sok Samoeun's father.

A number of organizations, from Human Rights Watch and Amnesty International to the UN's human rights office and the International Labor Organization, have called of the courts to weigh the evidence fairly as judges weigh the fates of the two men. But there was little faith among some that the courts, accused of political bias and corruption, would act accordingly.

"The Cambodian government has long acknowledged weaknesses in the judiciary and made commitments to address this, but has taken no meaningful steps to do so," Human Rights Watch said in a statement.

"The court is corrupt, unjust, political and not independent," said Chea Mony, who is the brother of Chea Vichea and now heads Chea Vichea's labor movement, the Free Trade Union of Workers in theKingdom of Cambodia. "If the court does not free Born Samnang and Sok Samoeun, my Free Trade Union will hold a mass demonstration against all levels of the court."

Hong Kimsoun, lawyer for the two men, said he had prepared a legal strategy to fight a Supreme Court guilty verdict. But, he said, "I hope my clients will get justice from the hearing by the Supreme Court, because my clients did not commit murder, and we have enough evidence, witnesses and time" to prove it.

Groups seek freedom for labour killers

Sok Sam Oeun (L) and Born Samnang (R) paraded by police in front of the media after their arrests. (Photo: Heng Sinith)

Friday, 26 December 2008
Written by Christopher Shay and Cheang Sokha
The Phnom Penh Post

Advocates say Chea Vichea's murderers were framed, seek Supreme Court dismissal

THE International Labour Organisation (ILO) and Amnesty International have demanded the release of two men convicted of murdering outspoken union leader Chea Vichea, ahead of their final appeal before the Supreme Court on Wednesday.

The groups urged the court to impartially consider the evidence against Born Samnang and Sok Sam Oeun, who are widely believed by human rights advocates to have been framed for the crime.

Chea Vichea was assassinated in broad daylight in Phnom Penh in January 2004.

Six days later, police arrested Sok Sam Oeun and Born Samnang. Despite a lack of evidence, the men were sentenced to 20 years in prison.

Amnesty has demanded that the Supreme Court dismiss the case, saying in a statement: "In view of the human rights violations perpetrated during their detention and trial ... [a dismissal] is the only fair and just outcome for this case".

An ILO report from the Switzerland-based Freedom of Association Committee also blasted the Kingdom's judiciary as "unable to exercise its functions in an impartial and independent manner" and said that the "emerging climate of impunity cannot effectively be remedied without first addressing this underlying problem".

International NGOs, as well as Chea Vichea's family, saw the hearing as an opportunity for Cambodia to prove to the world that it has taken steps towards establishing a truly independent judiciary.

Sara Colm at Human Rights Watch said that a dismissal "would put Cambodia's judiciary on the road to international recognition that it could be unbiased and fair".

Chea Vichea's brother, Chea Mony, also said he hoped the two men would be freed. "Otherwise, it would bring shame from the international community."

The Supreme Court's mandate was to review the court proceedings at the municipal and appeal court levels, and Colm said that even a cursory glance at the case will reveal "a prime example of a miscarriage of justice in Cambodia".

For example, the prosecutor relied on a confession from Born Samnang that rights group Licadho says was extracted under torture.

Supreme Court To Hear Chea Vichea Murder Case

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
24 December 2008

The office of the High Commissioner for Human Rights on Wednesday insisted on a "fair trial" in the Supreme Court case of two men convicted of the murder of labor leader Chea Vichea, which will be reviewed later this month.

The defendants, Born Samnang and Sok Samoeun, both serving 20-year prison sentences for the alleged killing of Chea Vichea in 2004, are widely believed innocent.

Chea Vichea was gunned down in broad daylight at a busy market, and Born Samnang and Sok Samoeun were quickly arrested, charged and convicted, despite the lack of key evidence and unreliable testimony of witnesses. Former Phnom Penh police chief, Heng Pov, who initially ordered their arrest, and former king Norodom Sihanouk have both maintained the men are innocent, echoing the sentiments of family members and investigating rights groups.

"There are reasons to doubt the validity of the convictions of Born Samnang and Sok Samoeun for the killing," the UN rights office said in a statement Wednesday. "The Supreme Court, like all Cambodian Courts,is therefore bound to ensure that the fair trial provisions in the treaties are followed and breaches committed by lower courts are remedied.

"Supreme Court officials could not be reached for comment, but Om Yentieng, head of the government's National Human Rights Committee,called the UN statement interference in the role of the courts, which are scheduled to hear the case Dec. 31.

"I think a statement like this is a kind of pressure regarding the court," he said. "If the court decides contrarily to what they want,they will accuse it of injustice.

"The UN rights office remarks follow a similar statement from Amnesty International on Tuesday calling for the release of the two men and claiming "the true perpetrators remain at large."

Cambodian Supreme Court will review trade union leader’s murder

Sok Sam Oeun (L) and Born Samnang (R) paraded by police in front of the media after their arrests. (Photo: Heng Sinith)

23 December 2008
Amnesty International

Two men convicted of the murder of trade union activist Chea Vichea in Cambodia after a seriously flawed criminal investigation and a grossly unfair trial will have their case heard by the country's Supreme Court on 31 December.

Born Samnang and Sok Sam Oeun were sentenced to 20 years for Chea Vichea’s murder. However, their detention and trial were plagued with human rights violations, including torture or other ill-treatment and deeply flawed court proceedings that relied on unfounded and inadmissible evidence.

"The Cambodian Supreme Court must dismiss the case against both men and ensure that they are released." said Amnesty International's Cambodia researcher Brittis Edman.

The organisation has long argued that the true perpetrators of the murder remain at large. The Free Trade Union (FTU), of which Chea Vichea was President, has also repeatedly called for the release of Born Samnang and Sok Sam Oeun.

Born Samnang and Sok Sam Oeun had alibis for the time of the shooting on 22 January 2004. Instead of conducting a thorough, impartial investigation, police officers threatened and detained people who would provide these alibis, and intimidated other witnesses.

Born Samnang repeatedly stated that police beat, coerced and bribed him into making a confession. Despite this, the Municipal Court accepted the confession as a central piece of evidence on the basis of which both men were convicted.

On 1 August 2005, the Municipal Court sentenced them both to 20 years’ imprisonment for murder. On 6 April 2007, the Appeal Court upheld the decision, despite the prosecutor’s acknowledgment there was insufficient evidence.

Amnesty International has repeated its calls to the Cambodian authorities to conduct an impartial and effective investigation into the murder of Chea Vichea so that those responsible for it are brought to justice.

The organisation has also urged the authorities to initiate a thorough, independent and impartial investigation into the conduct of the case - including allegations of torture or other ill-treatment by police during the initial interrogation of the two men, intimidation of witnesses and political interference with the judicial process.

Chea Vichea was murdered on 22 January 2004 after receiving a series of death threats. He was shot dead in an assassination-style killing at a news stand in central Phnom Penh. Born Samnang and Sok Sam Oeun were arrested shortly afterwards on suspicion of his murder.

Since Chea Vichea’s death another two FTU activists have been killed in Phnom Penh. In May 2004, Ros Sovannareth, FTU President at the Trinunggal Komara factory, was murdered. Thach Saveth was sentenced to 15 years in prison for his murder in a one-hour trial described by observers as grossly unfair.

On 24 February 2007, Hy Vuthy, FTU President at the Suntex factory, was shot dead. No one has been brought to justice for this killing, and by September 2008, a Phnom Penh court official told media that the investigation had been closed for lack of evidence.

Amnesty Urges Cambodia To Free Alleged Killers Of Union Boss

Tuesday December 23rd, 2008

PHNOM PENH (AFP)--Rights group Amnesty International Tuesday called on Cambodia's highest court to release two alleged killers of the country's labor leader, saying the true perpetrators remain at large.

Chea Vichea, who headed the country's largest labor 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. They will make their final appeal at the Supreme Court next week.

"Amnesty International calls on the Supreme Court to dismiss the case against Born Samnang and Sok Sam Oeun, and ensure that they are released without delay and their names cleared," the watchdog said in a statement.

The group said it "believes that the true perpetrators of the murder remain at large, while Born Samnang and Sok Sam Oeun have spent almost five years in prison after a seriously flawed criminal investigation and a grossly unfair trial."

The pair denied any involvement in the killing and have fought their convictions. Former Phnom Penh police chief Heng Pov, who led the investigation, also has admitted that the two didn't kill Chea Vichea.

Union leader 'killers' to appeal

Sok Sam Oeun (L) and Born Samnang (R) during their arrest in 2004

December 17, 2008
ABC Radio Australia

Cambodia's Supreme Court in two weeks' time will hear the controversial case of two men accused of killing an outspoken union leader. Chea Vichea was president of Cambodia's Free Trade Union, when he was gunned down in January 2004 at a sidewalk newstand. The FTU had been fighting for fair wages and better working conditions for Cambodia's garment workers. Under intense international pressure, Cambodian police arrested two men and got a confession from them. Born Samnang and Sok Sam Oeun were subsequently convicted and sent to jail. But did they commit the crime?

Presenter: Sen Lam
Speaker: Bradley Cox, director of the documentary 'Who killed Chea Vichea?'

Click here to listen to the Windows Media audio program

COX: Well there is way too many reasons to think that they are innocent and so far the Municipal Court and the Appeals Court have decided to ignore those reasons. And I guess what people are hoping is that when it does reach the Supreme Court, that they will for the first time look seriously at some of the evidence that shows that they are innocent.

LAM: So do you think the political climate might have changed somewhat for the authorities to allow the case to be heard in the supreme court?

COX: I don't know if it has changed and frankly I am not optimistic that it has enough that it would make a difference on the case. I mean a lot of people feel that the courts are not independent and so the political climate is very important in deciding whether these guys should be released or not, but in this particular case, I don't think enough has changed and whether they will get a fair hearing or not is really up for debate.

LAM: Are there any compelling factors that led observers, human rights groups to think that these two men were made the scapegoats?

COX: Well there is a plethora of factors that would suggest that the first and foremost being that the alleged shooter, Born Samnang was not even in Phnom Penh on the day of the murder, in fact he was about 60 kilometres away over a rough road that would take a minimum of two hours to even get to. So he was not even in the city on that day, but that didn't seem to bother the police too much. They arrested him anyway and so yeah, that's reason number one.

LAM: So, how did these two men get to be accused? I mean they must have been somehow linked to the victim?

COX: Actually, they are not linked to the victim at all and in the case of both of these guys, you can't even say they were in the wrong place at the wrong time. I mean they were like I said Born Samnang wasn't even in Phnom Penh. But if the police were looking for a scapegoat as they were obviously were, the names of these two guys had come up for different reasons to the police and so those are the guys they chose.

LAM: Well, certainly many NGO's and human rights groups in Cambodia are calling for a retrial. Do you think the case and the convictions had struck a cord in Cambodia amongst the locals?

COX: Well yeah, of course. I mean throughout the whole country I think, because Chea Vichea was in the best regard. I mean he was a man of the people, he was someone who defended the rights of the workers in a country like Cambodia, where if you stand up and try to speak out in a critical fashion, the government or the police, I mean that puts you in harms way.

LAM: And Bradley, you are making a film about this. Just briefly, tell us a bit more about your film?

COX: Well, it's a film that is going to be finished in the next few months and it's actually going to be shown on American National TV in 2009 and it's called "Who Killed Chea Vichea?" and it's about Chea Vichea and his work. It's about the murder and the arrest of Born Samnang and Sok Sam Oeun. A great deal of the movie is given towards, I dissect the case and did my own investigation to show that the two guys are innocent and that they were actually actively framed by the police.

Chea Vichea 'killers' appeal

Sok Sam Oeun (L) and Born Samnang (R) during their arrest in 2004

A flame burns in front of a photograph of assassinated union leader Chea Vichea at a memorial service held for him earlier this year. (Photo by: Tracey Shelton)

Friday, 12 December 2008
Written by Cheang Sokha The Phnom Penh Post

The Supreme Court on December 31 will hear the controversial case of Born Samnang and Sok Sam Oeun for the murder of union leader Chea Vichea

AFTER 1,799 days in prison, Born Samnang and Sok Sam Oeun will have another chance at freedom.

The two men convicted of murdering trade union leader Chea Vichea will have their case heard by the Supreme Court on December 31, a court official told the Post.

Chhoun Chantha, the deputy general prosecutor at the Supreme Court, confirmed the trial date and said that Supreme Court Deputy President Khim Ponn will preside over the case.

Chea Mony, the current president of the Free Trade Union and brother of activist Chea Vichea, said that he had received an invitation from the Supreme Court to attend the trial and reiterated his belief that the two men were innocent.

"We will wait for the decision from Supreme Court. The previous courts acted under pressure from the government," Chea Mony said. "If the court is independent, and they investigate the case, then the men will be freed."

Chea Vichea, an outspoken union party leader and Sam Rainsy Party supporter, was shot and killed in broad daylight in Phnom Penh in January 2004. Six days later, police arrested Sok Sam Oeun and Born Samnang for the crime.

Despite claims by rights organizations that the allegations were groundless, Born Samnang and Sok Sam Oeun were sentenced to 20 years imprisonment by the Phnom Penh Municipality Court in August 2005.

A year later, the primary witness to the murder - the owner of the newsstand where Chea Vichea was shot - released a notarised statement saying the two men were innocent.

Nuon Kimsri, mother of Born Samnang, said she will attend the hearing and expects her son to be released.

"I visited him yesterday at the Provisional Jail, and he is fine," she said. "My son still claims he is not the killer."

Vuon Phon, father of Sok Sam Oeun, said that he, too, will attend the trial, but given past results he is uncertain how the courts will rule.

"Even though I don't know whether my son will be freed or not, I want the trial to begin soon," Phon said.

"The previous courts acted under pressure from the government."

Am Sam Ath, a Licadho monitor who has followed the case for years, said that the court will reconsider the case because the public and civil society groups have demanded their release for a long time.

"They have been in jail for four years so far," Sam Ath said. "The detention of innocent people is a terrible abuse. The court should deliver justice."

For rights organisations, this case has become an icon of Cambodia's supposedly broken justice system.

In 2007, Licadho called the case "the most glaring example of impunity and miscarriage of justice in Cambodia".

Naly Pilorge, the director of Licadho, said in a media statement in September that the Cambodian justice system "must be judged by how the courts deal with real people suffering real injustices, like Born Samnang and Sok Sam Oeun".