Source: Alibaba.com
Published: 22 Jan 2010 00:25:43 PST
PHNOM PENH, Jan 22 - Two of Cambodia's biggest workers' unions on Friday threatened to hold a nationwide garmet-industry strike to protest over low pay and the unsolved murder of the country's most respected union leader.
Two unions said thousands of garment factory workers would halt production for a week to press the government to arrest the killers of top unionist Chea Vichea, as hundreds marched in Phnom Penh to mark the sixth anniversary of his killing.
A workers' strike would represent a rare test for the government of long-serving Prime Minister Hun Sen, who has used a parliament dominated by his Cambodia People's Party (CPP) to push through tough laws to stifle dissent.
It comes at a tricky time for Cambodia as it tries to recover from a sharp economic decline that followed an unprecedented four-year boom before the global financial crisis took its toll.
Garment factories employ 330,000 workers in Cambodia and are vital to the impoverished country's nascent economy. Garments are Cambodia's third-biggest earner behind agriculture and tourism.
It exported $1.95 billion worth of garments in 2008 to its biggest market, the United States, up from $1.27 billion in 2004, according to the Commerce Ministry. Last year's figures are not yet available.
The workers are supporters of Chea Vichea, a vocal critic of Cambodia's business and political elite who was shot dead in January 2004. Two men were sentenced to 20 years in prison for his murder.
'GRAVE INJUSTICE'
The United Nations said their conviction was a "grave injustice" and rights groups said the pair were framed.
The Supreme Court in December 2008 ordered their release on bail pending a review of the case. There have since been no new arrests.
The two unions threatening action were the Free Trade Union (FTU), which represents 78,000 garment workers and the Cambodian Labour Federation (CLF) with 50,000 members from the same sector.
"We send this message to the government that it's time to find the killers, for the family, to make us calm," said Chea Mony, brother of Chea Vichea and president of the FTA.
CLF president Ath Thon said the outspoken Chea Vihea was a "hero" among garment workers because he fought for an increase in their minimum monthly wage from $30 to $45 during the 1990s.
He said workers were having difficulty making ends meet and they would also use the strike to demand a pay increase.
"Our workers don't have enough to spend, their health is getting weaker, they eat less, live in bad places and work hard," Ath Thon added. The unions did not say whether they would stage a protest alongside the strike. Cambodia's parliament approved a law in October banning demonstrations of more than 200 people and requiring five days notice for smaller protests.
That, and a tightening of defamation laws, sparked criticism from opposition lawmakers and rights groups, which said the government was trying to intimidate its critics and crack down on freedom of expression.
Cambodian national police spokesman Kirth Chantharith declined to comment on Chea Vichea's murder investigation but said there would be no attempt to block the strike as long as workers sought permission from the authorities.
"We have laws on demonstrations and police are ready to respect them," he said.
Showing posts with label Mr. Chea Vichea. Show all posts
Showing posts with label Mr. Chea Vichea. Show all posts
23 January, 2010
11 August, 2009
Documentary Probes Chea Vichea’s Murder
By Men Kimseng, VOA Khmer Original report from Washington10 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 atwww.whokilledcheavichea.com
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 atwww.whokilledcheavichea.com
07 August, 2009
Retrial in unionist's killing set for Aug 17
The Phnom Penh Post
Thursday, 06 August 2009 15:01 Chrann Chamroeun
THE Court of Appeal has scheduled the retrial of Sok Sam Oeun and Born Samnang, convicted of the 2004 murder of labour leader Chea Vichea, for August 17, Chan Socheat, lawyer for Sok Sam Oeun, said Wednesday.
Sok Sam Oeun, who is now working as an English teacher, said Wednesday from his hometown in Takeo that he had received a summons to the Appeal Court to stand trial on August 17 at 7:30am.
"I am quite sure I will be on trial on that day even though I am innocent," he said.
The initial verdict was widely condemned by Cambodian and international rights groups who said the pair were scapegoats.
Late last year, the Supreme Court ordered the provisional release of Born Samnang and Sok Sam Oeun citing contradictory evidence. The pair had been imprisoned for nearly five years.
Born Samnang was unavailable for comment, but his mother Keo Chanta said that he had received a summons to appear at court this month and that he was planning to attend the trial.
Thursday, 06 August 2009 15:01 Chrann Chamroeun
THE Court of Appeal has scheduled the retrial of Sok Sam Oeun and Born Samnang, convicted of the 2004 murder of labour leader Chea Vichea, for August 17, Chan Socheat, lawyer for Sok Sam Oeun, said Wednesday.
Sok Sam Oeun, who is now working as an English teacher, said Wednesday from his hometown in Takeo that he had received a summons to the Appeal Court to stand trial on August 17 at 7:30am.
"I am quite sure I will be on trial on that day even though I am innocent," he said.
The initial verdict was widely condemned by Cambodian and international rights groups who said the pair were scapegoats.
Late last year, the Supreme Court ordered the provisional release of Born Samnang and Sok Sam Oeun citing contradictory evidence. The pair had been imprisoned for nearly five years.
Born Samnang was unavailable for comment, but his mother Keo Chanta said that he had received a summons to appear at court this month and that he was planning to attend the trial.
08 May, 2009
Labour Day in Cambodia: Trade unions authorized to demonstrate in the streets
Labour Day in Cambodia: Trade unions authorized to demonstrate in the streets
Cambodia Ka-set
By Duong Sokha and Stéphanie Gée
04-05-2009
Some 1,500 workers of the Cambodian capital, spearheaded by garment factory workers, answered the call of seven trade unions to take their demands to the streets on this 123rd International Labour Day, over which the global economic crisis cast a gloom as its effects have started to be felt in the Kingdom. Exceptionally, security forces stood back and were armed less than usual. Under a scorching sun, the colourful crowd of demonstrators was able to march without a hitch from the former seat of the National Assembly towards the new building where the parliamentarians meet, before heading for the junction of Boulevard Sihanouk and Street Pasteur where they paid tribute to the “workers' hero”, Chea Vichea, who was shot by unidentified men on January 22nd 2004.
Labour Day celebrated at last
For the last two years, the celebration of Labour Day in Cambodia went almost unnoticed as it was reduced to press releases and meetings held in union offices. The frequent suppression of public gatherings by the authorities and the deployment of important police operations in the capital on every May 1st deterred unions from calling for mass demonstrations.
In 2008, discouraged by an important police presence, opposition leader Sam Rainsy abandoned the idea of organising an impromptu big march as he had first announced. Together with a hundred supporters, he managed to reach the news stand where Chea Vichea was assassinated, before deciding to withdraw to its party headquarters.
In 2007, the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), formerly led by Chea Vichea, decided not to celebrate May 1st with a traditional march, for fear it would be repressed, its leaders explained. Only the Coalition of Cambodian Apparel Workers' Democratic Union (CCAWDU) organised a modest gathering at the heart of the capital, which took place under strict police surveillance.
In 2006, workers defied a ban of the Phnom Penh Municipality and turned up in trucks at its gates, where they usually met with impassable police roadblocks. Chea Mony, who succeeded his brother Chea Vichea at the head of the FTUWKC, was detained for breaking the peace and interrogated for two hours in a police station. All the ploys were used to challenge police vigilance and the crowd of demonstrators increased. They were finally authorized to march.
The year 2009 was therefore an exception.
Demands include the creation of a labour court
Speaking on the microphone under the cheers of the demonstrators, the organising trade unions, including the powerful CCAWDU and the Cambodian Union Federation, which comprises of the FTUWKC and the CITA (Cambodian Independent Teachers Association), listed ten demands. A few new themes featured in the list of calls usually made by the workers' representatives.
For instance, the unions asked the government to set up as soon as possible a labour court to “defend the interests of the workers” because, as Chea Mony explained in his speech, “we do not trust the regular courts.” They also highlighted the necessity that labour disputes be judged “in a prompt and fair manner.” Another request to the authorities which they supported was to prevent any attempt to amend Articles 67 and 73 of the Labour Code related to labour contracts, which would, according to them, infringe on the rights of the workers. Finally, in light of the economic recession climate, they called the government to stimulate the employment market and improve working conditions in all sectors.
Among more “classic” demands: that the title of “workers' hero” be awarded posthumously to Chea Vichea and a statue of him be erected at the very location where he was killed, that the working week be decreased from 48 to 44 hours to be brought more in line with existing practices elsewhere, that entrepreneurs be obliged to pay a guarantee deposit that would be used as a compensation fund for workers in case of closure, that abusive dismissal of unionists be stopped, and that the government put an end to discrimination against unionists and respect freedom of association.
Context of economic crisis for the gathering
The countless banners held by young demonstrators conveyed the concerns of the main sectors, be it the garment industry, agriculture, construction or transport.
Once the destination was reached, the unions entrusted their grievances to the opposition lawmakers. Three key opposition figures spoke the one after the other on an improvised platform at the back of a van: Sam Rainsy, his party's parliamentarian Mu Sochua and Kem Sokha, the president of the Human Rights Party. The first made sure to remind the demonstrators that he had asked the government to take urgent steps against the economic recession and suggested passing a 500 million dollar package to stimulate the job market “whereas others encourage workers to go back to their homes to cultivate their lands,” he said in a barely veiled reference to a speech made by Prime Minister Hun Sen.
Cambodia Ka-set
By Duong Sokha and Stéphanie Gée
04-05-2009
Some 1,500 workers of the Cambodian capital, spearheaded by garment factory workers, answered the call of seven trade unions to take their demands to the streets on this 123rd International Labour Day, over which the global economic crisis cast a gloom as its effects have started to be felt in the Kingdom. Exceptionally, security forces stood back and were armed less than usual. Under a scorching sun, the colourful crowd of demonstrators was able to march without a hitch from the former seat of the National Assembly towards the new building where the parliamentarians meet, before heading for the junction of Boulevard Sihanouk and Street Pasteur where they paid tribute to the “workers' hero”, Chea Vichea, who was shot by unidentified men on January 22nd 2004.
Labour Day celebrated at last
For the last two years, the celebration of Labour Day in Cambodia went almost unnoticed as it was reduced to press releases and meetings held in union offices. The frequent suppression of public gatherings by the authorities and the deployment of important police operations in the capital on every May 1st deterred unions from calling for mass demonstrations.
In 2008, discouraged by an important police presence, opposition leader Sam Rainsy abandoned the idea of organising an impromptu big march as he had first announced. Together with a hundred supporters, he managed to reach the news stand where Chea Vichea was assassinated, before deciding to withdraw to its party headquarters.
In 2007, the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), formerly led by Chea Vichea, decided not to celebrate May 1st with a traditional march, for fear it would be repressed, its leaders explained. Only the Coalition of Cambodian Apparel Workers' Democratic Union (CCAWDU) organised a modest gathering at the heart of the capital, which took place under strict police surveillance.
In 2006, workers defied a ban of the Phnom Penh Municipality and turned up in trucks at its gates, where they usually met with impassable police roadblocks. Chea Mony, who succeeded his brother Chea Vichea at the head of the FTUWKC, was detained for breaking the peace and interrogated for two hours in a police station. All the ploys were used to challenge police vigilance and the crowd of demonstrators increased. They were finally authorized to march.
The year 2009 was therefore an exception.
Demands include the creation of a labour court
Speaking on the microphone under the cheers of the demonstrators, the organising trade unions, including the powerful CCAWDU and the Cambodian Union Federation, which comprises of the FTUWKC and the CITA (Cambodian Independent Teachers Association), listed ten demands. A few new themes featured in the list of calls usually made by the workers' representatives.
For instance, the unions asked the government to set up as soon as possible a labour court to “defend the interests of the workers” because, as Chea Mony explained in his speech, “we do not trust the regular courts.” They also highlighted the necessity that labour disputes be judged “in a prompt and fair manner.” Another request to the authorities which they supported was to prevent any attempt to amend Articles 67 and 73 of the Labour Code related to labour contracts, which would, according to them, infringe on the rights of the workers. Finally, in light of the economic recession climate, they called the government to stimulate the employment market and improve working conditions in all sectors.
Among more “classic” demands: that the title of “workers' hero” be awarded posthumously to Chea Vichea and a statue of him be erected at the very location where he was killed, that the working week be decreased from 48 to 44 hours to be brought more in line with existing practices elsewhere, that entrepreneurs be obliged to pay a guarantee deposit that would be used as a compensation fund for workers in case of closure, that abusive dismissal of unionists be stopped, and that the government put an end to discrimination against unionists and respect freedom of association.
Context of economic crisis for the gathering
The countless banners held by young demonstrators conveyed the concerns of the main sectors, be it the garment industry, agriculture, construction or transport.
Once the destination was reached, the unions entrusted their grievances to the opposition lawmakers. Three key opposition figures spoke the one after the other on an improvised platform at the back of a van: Sam Rainsy, his party's parliamentarian Mu Sochua and Kem Sokha, the president of the Human Rights Party. The first made sure to remind the demonstrators that he had asked the government to take urgent steps against the economic recession and suggested passing a 500 million dollar package to stimulate the job market “whereas others encourage workers to go back to their homes to cultivate their lands,” he said in a barely veiled reference to a speech made by Prime Minister Hun Sen.
13 February, 2009
Impuntiy and Justice in Cambodia
Justice in Cambodia: will an exact copy of the Chea Vichea case end with the same outcome?
By Duong Sokha
Ka-Set 11-02-2009
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.© John Vink / Magnum 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.
A long and dubious process
Some trade unionists and activists from human rights organisations are present in the courtroom to support Chan Sopheak, better known under his military name, Thach Saveth. Arrested on July 24th 2004, he was sentenced on February 15th 2005 to 15 years of prison for “premeditated murder” and has since been locked in a jail in the province of Kampong Cham. The victim, Ros Sovannareth, had been shot with four bullets by two unidentified men on a motorbike on May 7th 2004, in Phnom Penh.
In his confessions to the police, the former member of the 911 unit of the paratrooper brigade claimed that on May 7th, he was leaving Anlong Veng to travel to the province of Kampong Speu, where he was to attend the wedding of one of his relatives. On the evening of the crime, he was making a stop in Siem Reap, according to his statement. Before the judge of the Court of Appeal, Thach Saveth's memory was now blurry. “This all goes back a long time ago. He has forgotten,” his lawyers argued.
This is the second time that this case has come before the Court of Appeal. The first time, on December 27th 2007, the Court had confirmed the ruling of the Municipal Court of Phnom Penh. However, Thach Saveth had then been sentenced in absentia – the Court had claimed that he was detained too far from Phnom Penh for him to attend – which he had challenged by requesting the Court of Appeal to review his case again. Before that, the Municipal Court had held a summary trial – nearly one hour only, which is slightly less than Wednesday's hearing before the Court of Appeal. The United Nations Special Representative of the Secretary-General for human rights in Cambodia had then described the trial as “characterized by breaches of procedural rules and the absence of themost basic standards of fair trial” “Continuing patterns of impunity in Cambodia ”. “The trial judge placed the burden on the accused to prove that he was not in Phnom Penh at the time of the incident and dismissed the testimony of the three witnesses that supported his alibi.”
Common points with the Chea Vichea case
In a soft voice, the defendant repeated to the judge on Wednesday what he has been saying since he was arrested, “I have never committed any offence. I did not even know the victim! And as a paratrooper, I did not have the right to carry a weapon.” Thach Saveth talked about his arrest, which hardly followed the rules as it was carried out “without any arrest warrant”, as reminded by the local human rights NGO Licadho. “The police detained me without explaining why to me. They threatened to kill me to force me to acknowledge I was guilty, but I did not give in. Afterwards, at the Municipal Court, I was shown the pictures of four men and asked if I knew them. I recognised my own portrait of course – they had taken that photograph during my arrest. But the other faces, I had never seen them in my life!” He was reportedly arrested for being a drug addict, by the same Tuol Kork district police who arrested Born Samnang and Sok Sam Oeun. Officers who have since been removed...
Next, the defence called a witness. Some confusion then followed. As soon as he approached, Thach Saveth exclaimed, “But I do not know him?!” while his mother, who was in the audience, shouted, “Yes, you know him!” The judge then asked the man to introduce himself. “My name is Cheth!” “Good. What is your family name?” “Cheth!” The judge persisted, “But when you work, how do you introduce yourself?” “Well, Cheth!” Laughters were heard in the audience while the court decided to dismiss the witness without hearing him. “In the future, follow the rules when you make a request for a witness to be heard,” the judge commented in a remark to the lawyers.
Prosecution witnesses at serious issue
The defence for Thach Saveth then requested that the Court re-examines the minutes of the statements of the witnesses for the prosecution. Witnesses who were heard only by the police and never appeared in a hearing, in breach of the adversarial principle. Witnesses whose testimonies do not match, some describing Thach Saveth as the killer, others as his accomplice, the motorbike driver. The judge of the Court of Appeal rejected the request and explained that the Court's only prerogatives were to review the cases transmitted by the Municipal Court and the police, not to interrogate the witnesses...
The Prosecutor called for the sentence to be held up on the basis of the statements of the four prosecution witnesses, while the defence had brought no exonerating evidence. As for the lawyers, they called for the case to be dismissed: their client was not in Phnom Penh on the day of the murder, he did not carry any weapon – for that matter, the weapon of the crime was never found – and the prosecution witnesses contradicted one another while they had never taken an oath as required by the procedure. “In a word, there is no evidence. This is a completely fabricated case!” Finally, the defendant spoke imploringly to request that the Court provides him with justice and claim his innocence.
A leader of another trade union suspected but never investigated
Contacted by telephone after the hearing, Chea Mony, president of the FTUWKC, stated that he did not believe the person arrested was the real killer, as in the case of the murder of his brother Chea Vichea. “In the complaint filed by the wife of Ros Sovannareth [now a refugee abroad] against the killers of her husband, she accused a leader of the Cambodian Union Federation (CUF), a pro-government union, that was in conflict with the FTUWKC within the [Trinuggal Komara] factory where Sovannareth used to work. But shortly after his murder, that person who was suspected stopped all of his union activities...” Sovannareth and other FTUWKC members had complained about receiving threats from the CUF leader. Not long after Sovannareth's murder, the chief of the criminal police of Phnom Penh had declared that the killing was to be connected with the conflict between the two unions within the factory. A hypothesis that has always been discarded by the judicial system.
Call to follow the example of the Supreme Court
On January 2nd 2009, while it welcomed the decision by the Supreme Court to release Born Samnang and Sok Sam Oeun, the International Labour Organisation (ILO) also encouraged in the same statement the government “to continue in the direction set by the Supreme Court” by revitalizing the investigation into the murder of Ros Sovannareth in particular.
Kek Galabru, president of Licadho, declared on Wednesday February 11th, that “[T]he Appeal Court [had] an opportunity to show that Cambodia's judiciary is not taking one step forward, two steps backwards” and called the Court to “issue a verdict which is based on an objective and impartial review of all the evidence in this case.” In a statement published on the same day, her organisation expressed concern over the attitude of the judges and prosecutor and considered they had failed to respect the presumption of innocence that the defendant must be entitled to before the verdict.
By Duong Sokha
Ka-Set 11-02-2009
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.© John Vink / Magnum 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.
A long and dubious process
Some trade unionists and activists from human rights organisations are present in the courtroom to support Chan Sopheak, better known under his military name, Thach Saveth. Arrested on July 24th 2004, he was sentenced on February 15th 2005 to 15 years of prison for “premeditated murder” and has since been locked in a jail in the province of Kampong Cham. The victim, Ros Sovannareth, had been shot with four bullets by two unidentified men on a motorbike on May 7th 2004, in Phnom Penh.
In his confessions to the police, the former member of the 911 unit of the paratrooper brigade claimed that on May 7th, he was leaving Anlong Veng to travel to the province of Kampong Speu, where he was to attend the wedding of one of his relatives. On the evening of the crime, he was making a stop in Siem Reap, according to his statement. Before the judge of the Court of Appeal, Thach Saveth's memory was now blurry. “This all goes back a long time ago. He has forgotten,” his lawyers argued.
This is the second time that this case has come before the Court of Appeal. The first time, on December 27th 2007, the Court had confirmed the ruling of the Municipal Court of Phnom Penh. However, Thach Saveth had then been sentenced in absentia – the Court had claimed that he was detained too far from Phnom Penh for him to attend – which he had challenged by requesting the Court of Appeal to review his case again. Before that, the Municipal Court had held a summary trial – nearly one hour only, which is slightly less than Wednesday's hearing before the Court of Appeal. The United Nations Special Representative of the Secretary-General for human rights in Cambodia had then described the trial as “characterized by breaches of procedural rules and the absence of themost basic standards of fair trial” “Continuing patterns of impunity in Cambodia ”. “The trial judge placed the burden on the accused to prove that he was not in Phnom Penh at the time of the incident and dismissed the testimony of the three witnesses that supported his alibi.”
Common points with the Chea Vichea case
In a soft voice, the defendant repeated to the judge on Wednesday what he has been saying since he was arrested, “I have never committed any offence. I did not even know the victim! And as a paratrooper, I did not have the right to carry a weapon.” Thach Saveth talked about his arrest, which hardly followed the rules as it was carried out “without any arrest warrant”, as reminded by the local human rights NGO Licadho. “The police detained me without explaining why to me. They threatened to kill me to force me to acknowledge I was guilty, but I did not give in. Afterwards, at the Municipal Court, I was shown the pictures of four men and asked if I knew them. I recognised my own portrait of course – they had taken that photograph during my arrest. But the other faces, I had never seen them in my life!” He was reportedly arrested for being a drug addict, by the same Tuol Kork district police who arrested Born Samnang and Sok Sam Oeun. Officers who have since been removed...
Next, the defence called a witness. Some confusion then followed. As soon as he approached, Thach Saveth exclaimed, “But I do not know him?!” while his mother, who was in the audience, shouted, “Yes, you know him!” The judge then asked the man to introduce himself. “My name is Cheth!” “Good. What is your family name?” “Cheth!” The judge persisted, “But when you work, how do you introduce yourself?” “Well, Cheth!” Laughters were heard in the audience while the court decided to dismiss the witness without hearing him. “In the future, follow the rules when you make a request for a witness to be heard,” the judge commented in a remark to the lawyers.
Prosecution witnesses at serious issue
The defence for Thach Saveth then requested that the Court re-examines the minutes of the statements of the witnesses for the prosecution. Witnesses who were heard only by the police and never appeared in a hearing, in breach of the adversarial principle. Witnesses whose testimonies do not match, some describing Thach Saveth as the killer, others as his accomplice, the motorbike driver. The judge of the Court of Appeal rejected the request and explained that the Court's only prerogatives were to review the cases transmitted by the Municipal Court and the police, not to interrogate the witnesses...
The Prosecutor called for the sentence to be held up on the basis of the statements of the four prosecution witnesses, while the defence had brought no exonerating evidence. As for the lawyers, they called for the case to be dismissed: their client was not in Phnom Penh on the day of the murder, he did not carry any weapon – for that matter, the weapon of the crime was never found – and the prosecution witnesses contradicted one another while they had never taken an oath as required by the procedure. “In a word, there is no evidence. This is a completely fabricated case!” Finally, the defendant spoke imploringly to request that the Court provides him with justice and claim his innocence.
A leader of another trade union suspected but never investigated
Contacted by telephone after the hearing, Chea Mony, president of the FTUWKC, stated that he did not believe the person arrested was the real killer, as in the case of the murder of his brother Chea Vichea. “In the complaint filed by the wife of Ros Sovannareth [now a refugee abroad] against the killers of her husband, she accused a leader of the Cambodian Union Federation (CUF), a pro-government union, that was in conflict with the FTUWKC within the [Trinuggal Komara] factory where Sovannareth used to work. But shortly after his murder, that person who was suspected stopped all of his union activities...” Sovannareth and other FTUWKC members had complained about receiving threats from the CUF leader. Not long after Sovannareth's murder, the chief of the criminal police of Phnom Penh had declared that the killing was to be connected with the conflict between the two unions within the factory. A hypothesis that has always been discarded by the judicial system.
Call to follow the example of the Supreme Court
On January 2nd 2009, while it welcomed the decision by the Supreme Court to release Born Samnang and Sok Sam Oeun, the International Labour Organisation (ILO) also encouraged in the same statement the government “to continue in the direction set by the Supreme Court” by revitalizing the investigation into the murder of Ros Sovannareth in particular.
Kek Galabru, president of Licadho, declared on Wednesday February 11th, that “[T]he Appeal Court [had] an opportunity to show that Cambodia's judiciary is not taking one step forward, two steps backwards” and called the Court to “issue a verdict which is based on an objective and impartial review of all the evidence in this case.” In a statement published on the same day, her organisation expressed concern over the attitude of the judges and prosecutor and considered they had failed to respect the presumption of innocence that the defendant must be entitled to before the verdict.
22 January, 2009
Labour Union: Cambodia opposition seeks Obama's help in murder probe
Cambodia opposition seeks Obama's help in murder probe
Source:
Cambodians remember the 5th anniversary of the death of labour leader Chea Vichea (Photo: AFP)Thursday, January 22, 2009
PHNOM PENH (AFP) — Cambodia's opposition leader Thursday urged US President Barack Obama to help find the killers of a prominent union boss, as hundreds of people gathered to mark five years since his murder.
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 on January 22, 2004.
The daylight murder shocked Cambodia and badly fractured the country's nascent workers' movement. It was condemned by rights groups as a brutal attempt to silence opposition-linked unions.
"I beg US President Barack Obama to help Cambodian people find the criminals to bring them to justice," opposition leader Sam Rainsy told a crowd Thursday at the spot where Chea Vichea was shot.
The politician marched through Phnom Penh with some 300 garment workers and unionists to place wreaths and light incense sticks at the newsstand.
Sam Rainsy criticised authorities for failing to arrest the real culprits, but said he hoped that a "push from outside" would bring "change" in the case of Chea Vichea's murder over the next year.
Cambodia's highest court late last month provisionally released two men convicted of killing Chea Vichea and ordered the case to be re-tried, citing unclear evidence.
The two men, Born Samnang and Sok Sam Oeun, had been arrested just days after the union chief's 2004 death, convicted of murder and quickly sentenced to 20 years each in prison.
The United States and UN welcomed the decision by the court to order a retrial. International and local rights watchdogs had called the conviction and trial deeply flawed and said the true perpetrators remained at large.
But two other labour leaders have also been murdered since Chea Vichea's killing, in an escalation of attacks against workers' rights advocates.
Their deaths cast a pall over Cambodia's key garment industry, with several major clothing labels warning the government that swift justice was needed for their continued presence in the country.
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 on January 22, 2004.
The daylight murder shocked Cambodia and badly fractured the country's nascent workers' movement. It was condemned by rights groups as a brutal attempt to silence opposition-linked unions.
"I beg US President Barack Obama to help Cambodian people find the criminals to bring them to justice," opposition leader Sam Rainsy told a crowd Thursday at the spot where Chea Vichea was shot.
The politician marched through Phnom Penh with some 300 garment workers and unionists to place wreaths and light incense sticks at the newsstand.
Sam Rainsy criticised authorities for failing to arrest the real culprits, but said he hoped that a "push from outside" would bring "change" in the case of Chea Vichea's murder over the next year.
Cambodia's highest court late last month provisionally released two men convicted of killing Chea Vichea and ordered the case to be re-tried, citing unclear evidence.
The two men, Born Samnang and Sok Sam Oeun, had been arrested just days after the union chief's 2004 death, convicted of murder and quickly sentenced to 20 years each in prison.
The United States and UN welcomed the decision by the court to order a retrial. International and local rights watchdogs had called the conviction and trial deeply flawed and said the true perpetrators remained at large.
But two other labour leaders have also been murdered since Chea Vichea's killing, in an escalation of attacks against workers' rights advocates.
Their deaths cast a pall over Cambodia's key garment industry, with several major clothing labels warning the government that swift justice was needed for their continued presence in the country.
Labour Union:Please help the filmmakers of "Who Killed Chea Vichea?"
Please help the filmmakers of "Who Killed Chea Vichea?"
Source: http://ki-media.blogspot.com/2009/01/please-help-filmmakers-of-who-killed.html
Brad with Samnang and his mom
Sam OuenRequest 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.
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?
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.
20 January, 2009
Film-maker Bradley Cox tackles the mystery surrounding the murder of Cambodian unionist Chea Vichea
Film-maker Bradley Cox tackles the mystery surrounding the murder of Cambodian unionist Chea Vichea
Phnom Penh (Cambodia). 25/01/2004: Chea Vichea's funeral. (Photo: John Vink/ Magnum)19-01-2009
By Stéphanie Gée Ka-set in English Click here to read the article in French Click here to read the article in Khmer
January 22nd will mark the 5th anniversary of the assassination of charismatic trade unionist Chea Vichea. Born Samnang and Sok Sam Oeun, for their part, only just dodged their fate of yet spending another day behind bars. Both men were convicted of murder and condemned to spend 20 years in jail, but the highly unpopular verdict of their guilt left many unsatisfied. Lack of credible evidence... Trial marred with irregularities... On December 31st 2008, the Supreme Court ruled, much to the amazement of the audience and many, their release on bail. The American film-maker Bradley Cox took a deep interest in the case at its beginnings and set out to lead his own parallel investigation. For four years, he tracked down witnesses and clues and eventually put together a dossier in the form of the thriller-like documentary film “Who Killed Chea Vichea”, due for release this year and for which the film-maker still seeks financing. Bradley Cox gave an interview for Ka-set in Phnom Penh and goes back over the long and tiring making of the documentary.
Ka-set : What made you come to Cambodia?
Bradley Cox : Like a lot of people, I ended up here by accident. I was teaching a film course in Bhutan and when I finished it, I stayed a while around the Thai border, when someone asked me to come to Cambodia and make a documentary film, which I accepted, even though it turned out to be complete nonsense. This was just before the 2003 legislative elections and I thought the whole election process here was really interesting, much more than the ones in my country! So, I decided to do a documentary on that and managed to obtain funds from USAID [the United States Agency for International Development]. I happened to arrive one week before the January 29th Thai riots...
K7 : Why did you take such an interest in Chea Vichea's death and choose to make a documentary on that story?
BC : I met Chea Vichea because of my prior documentary on the 2003 elections. He had received a death threat a week before the elections. Vichea was the one guy who could gather huge demonstrations and he had threatened to do so if the opposition felt that the election did not play fair. I think that was the last taped interview he did. He was a really nice guy. It was hard not to respect this man in a country where you can pay a steep price for your actions.
Six months after that interview, he was killed. I was right there when it happened as I lived nearby. I arrived at the scene ten minutes after the shots, but back then, I didn't know that it would be the subject of my next documentary. It is only in August 2005, when they convicted the two men whom everybody knew were innocent, that it became clear to me. I wanted to make a documentary out of that story to show how these things happen.
K7 : How did you proceed to collect information on such a delicate question?
BC : The idea was to lead my own investigation into what happened, whether these men [Born Samnang and Sok Sam Oeun] were guilty or not. I tracked down their alibis and went to the places they were at [on the day of the assassination], talked to the people, some of whom were very scared to speak... Many did not want to talk in front of the camera, for obvious reasons. I tried to figure out what had really happened and got hold of documents I was not supposed to have.
I talked to the police unofficially, went to Finland to interview the wife of Chea Vichea [the country gave her political asylum shortly after her husband's death] who told me a lot about him and how their family had had to deal with living on constant threat. When she watched him leave home in the morning, she used to wonder whether he would be coming back at all. She told me how he was always very nervous, always looking left and right and could never really relax... I also went to France and spoke to a former [Cambodian] policeman who had very interesting things to say on how the police work - that will be in the film.
In addition, I talked to many judges, none of whom I ever managed to get to speak in front of a camera! But I wanted to show how the Court really works in Cambodia. There are many things that people like diplomats pretend not to know... With this film, it is going to be harder for them, hopefully, to dismiss certain things!
It is probably the most sensitive murder case since Piseth Pilika [a famous actress assassinated in July 1999]. This is why I spent a lot of time trying to get people to talk to me. I could see they wanted to speak , that they wanted people to know about it, but they did not want to be the ones who would get the blow back. That is understandable.
K7 : What does the documentary aim at showing?
BC : The basis is Chea Vichea's case but also a microcosm of some of the problems that continue to exist in Cambodia and make the people suffer. I think they have been let down by their leaders and deserve better. And you think the international community will be more helpful. But its representatives always talk about democracy, the rule of law... I don't think their actions follow their word: they are somehow passive accomplices to the impunity and corruption going on here. Maybe there is a bigger message here...
It was important for me to show that Born Samnang and Sok Sam Oeun were innocent and build some kind of national pressure on the Cambodian government to have them released, which is now done. And who knows why the Supreme Court decided that? It had nothing to do with the evidence, since it existed all along and they ignored it... There is a part of mystery here, although I wonder whether it might be linked with the death of Hok Lundy. It has to be acknowledged that a lot of pressure was put on that case. And an organisation such as LICADHO did not allow this case to die... I was very surprised about the ruling rendered on that day, like everyone else. On December 31st, I did not meet a single person at the Supreme Court who thought they would be released - and on that very day!
K7 : Do you now have to edit the end of your documentary?
BC : Yes, my film is going to be something different since now I don't have to prove that these men must be freed. When I go back to New York, I will have to rethink how to change my film. It is not going to have the same emergency it had when Born Samnang and Sok Sam Oeun were still in jail. The story is finished but there is still in the film a bigger picture of what is ongoing in Cambodia. And this is why I still reckon the film will be relevant!
K7 : You have already directed “The Plastic Killers”, on the same topic. What is the difference between the two documentaries?
BC : “The Plastic Killers” is a shorter version of “Who Killed Chea Vichea” but has less references in it as it was more geared towards Cambodians who already knew who Chea Vichea was and what he represented. I wanted the people to know about this case. I tried to release the film before Born Samnang and Sok Sam Oeun's appeal but the day after, it was banned [by the authorities]! The police went into the markets, took all the copies before the could even be spread far enough. That was really disappointing to me, and despite its availability on the Internet (in English and Khmer), Cambodians do not really have access to it. This is why making VCD copies made sense, I was not going to put this on the television! [laughs] Cambodians never had the chance to see it. I don't think we can still find copies of it in Cambodia, now.
K7 : Did the Cambodian authorities put pressure on you at any point?
BC : No, but they knew what I was doing. I called Hok Lundy [former National Police chief who died in an accident in November 2008] to interview him about the Chea Vichea case. I think he laughed at my question... My investigation was no secret but I don't think they took it very seriously. Hok Lundy gave me permission to interview other high-ranking police officials but they wouldn't do it either!
However, I had two attempted break-ins at my house and as I had many video tapes with me, I figured I should move out of Cambodia: if they had been stolen, it would have meant the end of my whole film! […] I took the longest way possible to leave the country. I was very nervous, I had 500 tapes and if the Customs had had any idea of what was on them, they could have taken them! I decided to leave via Koh Kong, Cambodia's most porous exit. I could not take the chance to go to an airport.
K7 : Do you not fear the people you interviewed in your film might be in trouble once it is released?
BC : That was a major concern indeed, so I decided to hide their identities in some way, by obscuring their faces, disguising their voices or only showing their shadow or hands so that they are not recognisable. The other people who had interesting things to say, including the eye-witness [in Chea Vichea's murder, who went to take refuge in the United States, are not in Cambodia any more.
K7 : Are you expecting your film to be prohibited in Cambodia?
BC : I have the feeling that the Cambodian authorities will not be happy about it and that it will probably be prohibited. But I would like to give it away as much as possible. However, the last time we tried to do that in Cambodian markets, it did not work well!
K7 : Have you already presented the premiere of "Who killed Chea Vichea?"
BC : Yes, I did show a pre-screening last November at the 21st International Documentary Film Festival of Amsterdam . I was surprised to see that people seemed interested in the film when there was no Asian person in the audience. They were very receptive to the Human rights aspect and the level of impunity.
K7 : Do you think this type of case sees people targeted as scapegoats or ideal culprits?
BC : One thing about this case is its similarity with the Ros Sovannarith case. He was a member of the FTUWKC (Free Trade Union of Workers of the Kingdom of Cambodia, led by Chea Vichea) Steering Committee and was assassinated in 2004. They convicted a man for the murder and that case has many parallels to Chea Vichea's case. First, he was arrested by the same policemen from Tuol Kork who arrested Born Samnang and Sok Sam Oeun and there was obviously quite substantial evidence that the man was in Siem Reap on the day of the murder. Unfortunately, he did not receive any press and has been languishing in prison ever since... I think there was an appeal, but nobody even talked about it!
Once, I asked a policeman: 'When you set up these killings, where do you get the people from? He said that they basically needed two sets of people, either those who actually did the killing, and this is the easy part since they know they never get caught, or they try to find people who perhaps are not educated, poor, and maybe most importantly, who have a problem. In Chea Vichea's case, the one accused of killing had a problem: he had been fired from work for having stolen a lot of money. I think the one arrested for the murder of Ros Sovannarith was a drug user. These people, who already have difficulties with their families, fit the profile!
The first world screening of “Who Killed Chea Vichea?” will be broadcast by the American public television channel PBS (Public Broadcasting Service) during the course of the second semester of 2009.
Ka-set : What made you come to Cambodia?
Bradley Cox : Like a lot of people, I ended up here by accident. I was teaching a film course in Bhutan and when I finished it, I stayed a while around the Thai border, when someone asked me to come to Cambodia and make a documentary film, which I accepted, even though it turned out to be complete nonsense. This was just before the 2003 legislative elections and I thought the whole election process here was really interesting, much more than the ones in my country! So, I decided to do a documentary on that and managed to obtain funds from USAID [the United States Agency for International Development]. I happened to arrive one week before the January 29th Thai riots...
K7 : Why did you take such an interest in Chea Vichea's death and choose to make a documentary on that story?
BC : I met Chea Vichea because of my prior documentary on the 2003 elections. He had received a death threat a week before the elections. Vichea was the one guy who could gather huge demonstrations and he had threatened to do so if the opposition felt that the election did not play fair. I think that was the last taped interview he did. He was a really nice guy. It was hard not to respect this man in a country where you can pay a steep price for your actions.
Six months after that interview, he was killed. I was right there when it happened as I lived nearby. I arrived at the scene ten minutes after the shots, but back then, I didn't know that it would be the subject of my next documentary. It is only in August 2005, when they convicted the two men whom everybody knew were innocent, that it became clear to me. I wanted to make a documentary out of that story to show how these things happen.
K7 : How did you proceed to collect information on such a delicate question?
BC : The idea was to lead my own investigation into what happened, whether these men [Born Samnang and Sok Sam Oeun] were guilty or not. I tracked down their alibis and went to the places they were at [on the day of the assassination], talked to the people, some of whom were very scared to speak... Many did not want to talk in front of the camera, for obvious reasons. I tried to figure out what had really happened and got hold of documents I was not supposed to have.
I talked to the police unofficially, went to Finland to interview the wife of Chea Vichea [the country gave her political asylum shortly after her husband's death] who told me a lot about him and how their family had had to deal with living on constant threat. When she watched him leave home in the morning, she used to wonder whether he would be coming back at all. She told me how he was always very nervous, always looking left and right and could never really relax... I also went to France and spoke to a former [Cambodian] policeman who had very interesting things to say on how the police work - that will be in the film.
In addition, I talked to many judges, none of whom I ever managed to get to speak in front of a camera! But I wanted to show how the Court really works in Cambodia. There are many things that people like diplomats pretend not to know... With this film, it is going to be harder for them, hopefully, to dismiss certain things!
It is probably the most sensitive murder case since Piseth Pilika [a famous actress assassinated in July 1999]. This is why I spent a lot of time trying to get people to talk to me. I could see they wanted to speak , that they wanted people to know about it, but they did not want to be the ones who would get the blow back. That is understandable.
K7 : What does the documentary aim at showing?
BC : The basis is Chea Vichea's case but also a microcosm of some of the problems that continue to exist in Cambodia and make the people suffer. I think they have been let down by their leaders and deserve better. And you think the international community will be more helpful. But its representatives always talk about democracy, the rule of law... I don't think their actions follow their word: they are somehow passive accomplices to the impunity and corruption going on here. Maybe there is a bigger message here...
It was important for me to show that Born Samnang and Sok Sam Oeun were innocent and build some kind of national pressure on the Cambodian government to have them released, which is now done. And who knows why the Supreme Court decided that? It had nothing to do with the evidence, since it existed all along and they ignored it... There is a part of mystery here, although I wonder whether it might be linked with the death of Hok Lundy. It has to be acknowledged that a lot of pressure was put on that case. And an organisation such as LICADHO did not allow this case to die... I was very surprised about the ruling rendered on that day, like everyone else. On December 31st, I did not meet a single person at the Supreme Court who thought they would be released - and on that very day!
K7 : Do you now have to edit the end of your documentary?
BC : Yes, my film is going to be something different since now I don't have to prove that these men must be freed. When I go back to New York, I will have to rethink how to change my film. It is not going to have the same emergency it had when Born Samnang and Sok Sam Oeun were still in jail. The story is finished but there is still in the film a bigger picture of what is ongoing in Cambodia. And this is why I still reckon the film will be relevant!
K7 : You have already directed “The Plastic Killers”, on the same topic. What is the difference between the two documentaries?
BC : “The Plastic Killers” is a shorter version of “Who Killed Chea Vichea” but has less references in it as it was more geared towards Cambodians who already knew who Chea Vichea was and what he represented. I wanted the people to know about this case. I tried to release the film before Born Samnang and Sok Sam Oeun's appeal but the day after, it was banned [by the authorities]! The police went into the markets, took all the copies before the could even be spread far enough. That was really disappointing to me, and despite its availability on the Internet (in English and Khmer), Cambodians do not really have access to it. This is why making VCD copies made sense, I was not going to put this on the television! [laughs] Cambodians never had the chance to see it. I don't think we can still find copies of it in Cambodia, now.
K7 : Did the Cambodian authorities put pressure on you at any point?
BC : No, but they knew what I was doing. I called Hok Lundy [former National Police chief who died in an accident in November 2008] to interview him about the Chea Vichea case. I think he laughed at my question... My investigation was no secret but I don't think they took it very seriously. Hok Lundy gave me permission to interview other high-ranking police officials but they wouldn't do it either!
However, I had two attempted break-ins at my house and as I had many video tapes with me, I figured I should move out of Cambodia: if they had been stolen, it would have meant the end of my whole film! […] I took the longest way possible to leave the country. I was very nervous, I had 500 tapes and if the Customs had had any idea of what was on them, they could have taken them! I decided to leave via Koh Kong, Cambodia's most porous exit. I could not take the chance to go to an airport.
K7 : Do you not fear the people you interviewed in your film might be in trouble once it is released?
BC : That was a major concern indeed, so I decided to hide their identities in some way, by obscuring their faces, disguising their voices or only showing their shadow or hands so that they are not recognisable. The other people who had interesting things to say, including the eye-witness [in Chea Vichea's murder, who went to take refuge in the United States, are not in Cambodia any more.
K7 : Are you expecting your film to be prohibited in Cambodia?
BC : I have the feeling that the Cambodian authorities will not be happy about it and that it will probably be prohibited. But I would like to give it away as much as possible. However, the last time we tried to do that in Cambodian markets, it did not work well!
K7 : Have you already presented the premiere of "Who killed Chea Vichea?"
BC : Yes, I did show a pre-screening last November at the 21st International Documentary Film Festival of Amsterdam . I was surprised to see that people seemed interested in the film when there was no Asian person in the audience. They were very receptive to the Human rights aspect and the level of impunity.
K7 : Do you think this type of case sees people targeted as scapegoats or ideal culprits?
BC : One thing about this case is its similarity with the Ros Sovannarith case. He was a member of the FTUWKC (Free Trade Union of Workers of the Kingdom of Cambodia, led by Chea Vichea) Steering Committee and was assassinated in 2004. They convicted a man for the murder and that case has many parallels to Chea Vichea's case. First, he was arrested by the same policemen from Tuol Kork who arrested Born Samnang and Sok Sam Oeun and there was obviously quite substantial evidence that the man was in Siem Reap on the day of the murder. Unfortunately, he did not receive any press and has been languishing in prison ever since... I think there was an appeal, but nobody even talked about it!
Once, I asked a policeman: 'When you set up these killings, where do you get the people from? He said that they basically needed two sets of people, either those who actually did the killing, and this is the easy part since they know they never get caught, or they try to find people who perhaps are not educated, poor, and maybe most importantly, who have a problem. In Chea Vichea's case, the one accused of killing had a problem: he had been fired from work for having stolen a lot of money. I think the one arrested for the murder of Ros Sovannarith was a drug user. These people, who already have difficulties with their families, fit the profile!
The first world screening of “Who Killed Chea Vichea?” will be broadcast by the American public television channel PBS (Public Broadcasting Service) during the course of the second semester of 2009.
06 January, 2009
Reinvestigation into the case of Trade Union Killer
Tuesday, January 06, 2009
Police Could Re-Investigate Chea Vichea Murder
By Chun Sakada, VOA Khmer
Original report from Phnom Penh
05 January 2009
Police will re-investigate the murder of popular labor leader Chea Vichea if and when the courts order it, a spokesman said Monday.
Last week the two men who had been accused of the murder, Sok Samoeun and Born Samnang, were released from jail, following an order by the Supreme Court for the Appeals Court to rehear their case.
The two men had faced 20-year prison sentences for the murder of Chea Vichea, who was gunned down in broad daylight in January 2004.
"We are waiting for the final decision by the courts, and if the court orders the police to re-investigate, we will," Ministry of Interior spokesman Lt. Gen. Khieu Sopheak said Monday, following calls by non-governmental organizations for a re-investigation of the killing. "We respect the court's order and the court's decision."
The Appeals Court is expected to decide on the cases of Born Samnang and Sok Samoeun within the next 60 days. Both men said Monday they intended to appear when the court calls them.
Last week the two men who had been accused of the murder, Sok Samoeun and Born Samnang, were released from jail, following an order by the Supreme Court for the Appeals Court to rehear their case.
The two men had faced 20-year prison sentences for the murder of Chea Vichea, who was gunned down in broad daylight in January 2004.
"We are waiting for the final decision by the courts, and if the court orders the police to re-investigate, we will," Ministry of Interior spokesman Lt. Gen. Khieu Sopheak said Monday, following calls by non-governmental organizations for a re-investigation of the killing. "We respect the court's order and the court's decision."
The Appeals Court is expected to decide on the cases of Born Samnang and Sok Samoeun within the next 60 days. Both men said Monday they intended to appear when the court calls them.
02 January, 2009
Labour: Alledged Killers freed by Supreme Court
Cambodian Court Frees Alleged Killers
Radio Free Asia, 2009-01-01
Cambodia's highest court orders a retrial in the 2004 killing of a top labor leader.
Born Samnang, the previously convicted murderer of labor leader Chea Vichea, is escorted by police at the Supreme court in Phnom Penh on December 31, 2008.
PHNOM PENH—The top court in Cambodia has provisionally freed two men accused of killing a prominent labor leader, ordering further investigation and a new trial in a move welcomed by both the United Nations and the United States.
The case stems from the Jan. 22, 2004 murder in broad daylight of Chea Vichea. The killing was seen by human rights groups as a bold attempt to quiet an outspoken critic of Prime Minister Hun Sen’s government.
Born Samnang and Sok Sam Oeun were charged within days with Chea Vichea's murder, despite eyewitness testimony that they weren’t the killers. They were handed 20-year jail terms. The men claim police framed them for the murder and say they made confessions under duress.
They were not the murderers...I am certain. I am sure."
Va Sothy, witness
On Dec. 31, Cambodia’s Supreme Court President Dith Monty dismissed their convictions, saying, “The case is a criminal one which requires more investigation.”
The court ordered the men released under court supervision and ordered the Appeal Court, which upheld their convictions in 2007, to re-try the case.Leaving the court on Wednesday, Born Samnang reiterated that he had been coerced into confessing to the murder.
“It was not a voluntary answer from my heart. They coerced me… [to say what police] told me to say. It was not my true answer. I did so because they beat me and forced me make thumb print” on a written confession, he said. “I was not an educated boy.”
Witnesses dispute charges
Many Cambodians, as well as international observers, were initially pleased as well as puzzled at the unusual speed with which suspects were arrested and charged in the murder.
But the case against Born Samnang and Sok Sam Oeun appeared to unravel as a witness to the murder said the gunman and getaway driver she saw didn’t resemble either of the two men.
Others said they saw Born Samnang at the home of his girlfriend, Vieng Thi Hong, in Neak Loeung, Prey Veng province, 40 kms from Phnom Penh, when the murder occurred.
“Almost all the people in the whole village were witnesses,” Sok Sam Oeurn, a lawyer and executive director of the Cambodian Defenders Project who investigated the case, said in an interview.
“They said that on the day Chea Vichea was shot dead, Born Samnang was at Neak Loeung because it was Chinese [Lunar] New Year. The villagers there and Born Samnang’s girlfriend, who is Vietnamese, celebrated the New Year.”
Va Sothy, a newspaper vendor who witnessed the murder, has also said Born Samnang and Sok Sam Oeun weren’t involved in the murder.
“Please let me tell you again and again that they are not the killers,” she said in an interview earlier this week. Va Sothy is now in the United States, where she fled out of fear for her safety.
“I am sure because when these two men appeared in court they cried. And when I saw them in the newspapers, I knew that they were not the murderers...Their physical appearance and their clothing didn’t match. They were not the murderers,” she said. “I am certain. I am sure.”
Former Phnom Penh police chief Heng Pov, who led the murder investigation before he was sentenced to 14 years in jail in July 2007 for corruption, also admitted to framing the two men on orders from National Police Chief General Hok Lundy, who was recently killed in a helicopter crash.
International reaction
The United Nations and the United States welcomed the men’s release.
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,” U.S. embassy charge d’affaires Piper Campbell said.
On Dec. 28, Human Rights Watch urged the Cambodian Supreme Court to free the two men.
“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,” Sara Colm, senior researcher for Human Rights Watch, said in a statement.
The New York-based organization cited “alleged police brutality and forced confession by one of the suspects, intimidation of witnesses, and political interference in the judicial process.”
Popular leader
Chea Vichea was extremely popular as an advocate for human rights and better conditions for Cambodian garment workers. He was also seen as an ally of opposition leader Sam Rainsy.
His demands were widely seen as a threat to powerful government officials who profited from the garment industry.
He was injured in a grenade attack on a peaceful demonstration calling for judicial reform on March 31, 1997, and had been receiving death threats through phone and text messages shortly before his murder.
In its most recent report on human rights in Cambodia, the U.S. State Department stated that "corruption was considered endemic and extended throughout all segments of society, including the executive, legislative, and judicial branches of government."
It cited a 2006 Economic Institute of Cambodia study that found the private sector perceived the judiciary to be the most corrupt institution in the country, followed by the tax and customs services, public health care, and police.
29 December, 2008
Cambodia: Supreme Court Tested by Labor Leader’s Murder Case
Lack of Justice Leaves Unionists in Fear for Their Lives
(New York, December 28, 2008) - Cambodian authorities should exonerate and free Born Samnang and Sok Sam Oeun, who were unfairly sentenced to 20 years in prison in 2005 for the murder of labor leader Chea Vichea, said three international human rights organizations and the world's largest trade union confederation in a joint statement released today.
The Cambodia Supreme Court will hear the case on appeal on December 31, 2008.
The joint statement was issued by Human Rights Watch, the International Trade Union Confederation, and the Observatory for the Protection of Human Rights Defenders (a joint program of the International Federation for Human Rights and the World Organization Against Torture), which have all closely followed the case since Vichea's murder.
"The Cambodian Supreme Court should rely on the evidence and not give in to government pressure when it reviews the case," said Sara Colm, senior researcher for Human Rights Watch. "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."
Chea Vichea, 36, was the founder and president of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) and a vocal supporter of the opposition Sam Rainsy Party. 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.
The investigation into the high profile murder was marred by alleged police brutality and forced confession by one of the suspects, intimidation of witnesses, and political interference in the judicial process. The prosecution and conviction of Born Samnang and Sok Sam Oeun have drawn extensive criticism from Cambodian and international human rights activists, union advocates, lawyers, and United Nations officials.
The International Labour Organization (ILO), which sent a fact-finding mission to Cambodia in April 2008 to investigate the murders of trade unionists, has repeatedly expressed strong concerns about the convictions of the two men and called for a fresh investigation into Chea Vichea's murder.
"The lack of justice in this case leaves trade unionists in fear for their lives," said Guy Ryder, general secretary of the International Trade Union Confederation, whose 311 affiliates represent 168 million workers worldwide. "Even ILO leaders who were on an official ILO mission to Cambodia earlier this year were subject to intimidation."
In a report released in November 2008, the ILO sharply criticized the Cambodian government for not effectively stemming a series of violent and deadly attacks against trade unionists. At the core of the problem, the report said, is Cambodia's lack of an independent judiciary, which allows the real perpetrators of such attacks to evade justice. The atmosphere of impunity in Cambodia reinforces the climate of violence and insecurity, the report said, which in turn "is extremely damaging to the exercise of trade union rights."
The ILO report's findings, which could affect the future of Cambodia's important garment industry, noted that during the ILO mission in April, the government "demonstrated an unwillingness to engage in fully frank discussions" and "provided no concrete indications" that it would act upon any of the ILO's recommendations.
In addition to the murder of Chea Vichea, there has been an ongoing pattern of violence against trade union activists in Cambodia. This includes the murders of FTUWKC official Hy Vuthy in February 2007 and FTUWKC Steering Committee member Ros Sovannarith in 2004, and a series of threats and physical assaults against FTUWKC representatives and other trade unionists.
The four organizations urged the Cambodian government to launch a full and impartial investigation into Chea Vichea's murder, as well as an independent and public inquiry into the handling of the prosecution of Born Samnang and Sok Sam Oeun.
"If the Supreme Court fails to provide long-overdue justice by releasing these two innocent men, it will only further highlight the lack of progress toward rule of law in Cambodia," said Souhayr Belhassen, president of the International Federation for Human Rights.
The organizations also urged the Cambodian government to take prompt action to address the key issues highlighted by this case: Cambodia's endemic impunity and lack of rule of law, government interference in the judiciary, intimidation and violence faced by trade union members and leaders, and widespread torture by the police.
"It's time for the Cambodian authorities to finally deliver justice to Born Samnang and Sok Sam Oeun, and stop the widespread practice of torture by Cambodian police to force confessions out of criminal suspects," said Eric Sottas, secretary-general of the World Organisation Against Torture.
Background
The police and court investigations into Vichea's killing were marred by a series of procedural flaws and violations of international legal standards. The police allegedly tortured Born Samnang to obtain a confession. A judge who initially dropped the charges against the two men for lack of evidence was swiftly removed from his position, and the charges were reinstated. The subsequent trial of the two men was conducted in a manner that flagrantly violated Cambodian law and international fair trial standards. In April 2007, the country's Appeal Court upheld their convictions despite the state prosecutor acknowledging that there was insufficient evidence.
Chea Vichea's family members say they believe Born Samnang and Sok Sam Oeun are not responsible for the crime, as has Var Sothy, the newsstand proprietor who was the key eyewitness to the killing. She subsequently fled Cambodia in fear for her life.
As an example of the politicization of the Cambodian judiciary, the Chief Justice of the Supreme Court, Dith Munthy, is a member of the Standing Committee of the ruling Cambodian People's Party. The lack of judicial independence has been cited in successive UN human rights reports for the past 15 years and is a major concern in the ongoing attempts to bring Khmer Rouge leaders to justice. 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.
For background on Chea Vichea's murder and the prosecution of Born Samnang and Sok Sam Oeun, please see:
- November 2008 Conclusions of the International Labour Organization's Committee on Freedom of Association regarding violence against Cambodian trade unionists, at: http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_100625.pdf;
- June 2007 Licadho briefing paper, "Innocent Prisoners Awaiting Justice," at: http://licadho.org/reports/files/107LICADHOPaperSummaryBSSSO07.pdf;
- April 12, 2007, statement by the UN Secretary-General's Special Representative for Human Rights in Cambodia, "The Special Representative expresses deep regret over the upholding of the sentences against Born Samnang and Sok Sam Oeun," at: http://cambodia.ohchr.org/Documents/Statements%20and%20Speeches/English/322.pdf;
- August 10, 2006, written statement by the prime witness to Chea Vichea's murder, at: http://licadho.org/news/files/VaSothyStatementTransEN.pdf;
- October 3, 2006, complaint about the Chea Vichea case filed by the International Confederation of Free Trade Unions (now the International Trade Union Confederation) to the International Labour Organization, at: http://www.icftu.org/www/PDF/CFAComplaint2318CheaVichea2006.pdf;
- Further background documents, at: http://www.hrw.org/english/docs/2006/10/03/cambod14314.htm.
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