Phnom Penh, 25 September 2013 – The Cambodian Center for Human Rights (CCHR), the Cambodian Human Rights Action Committee (CHRAC) and Cambodian Human Rights and Development Association (ADHOC) today applaud the decision by the Supreme Court to release Mr. Born Samnang and Mr. Sok Sam Oeun, who have spent more than four and a half years in prison to date for a crime they did not commit. The two were convicted in August 2005 of the murder of Mr. Chea Vichea, leader of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), who was gunned down in broad daylight in central Phnom Penh on the 22 January 2004.
It has been clear from the outset that Born Samnang and Sok Sam Oeun were scapegoats in this case. On 1 August 2005, the two men were sentenced to 20 years in prison amidst outcry from rights groups and independent observers, who cited a lack of credible evidence against the two, and noting that both men had reliable alibis, proving that they were in no way involved in the murder. A witness to the murder also testified that Born Samnang and Sok Sam Oeun were not those she saw at the scene. In addition, investigating judge Hing Thirith, who attempted to have the charges against the two men dropped during the investigative stage, was later removed from his post and disciplined, indicating that the case was most definitely a political one.
After sustained international pressure, the two men were released on bail by the Supreme Court on 1 January 2009. The Supreme Court ordered the reinvestigation of the case by the Appeal Court, however on 27 December 2012, the Appeal Court shockingly upheld the conviction of the two men, despite no new inculpatory evidence being presented. Born Samnang and Sok Sam Oeun subsequently spent another nine months in jail until being finally acquitted by the Supreme Court today. In relation to its decision, the court cited the lack of evidence presented by the Prosecution, the fact that the only eye witness did not identify the two men as Chea Vichea’s killers, the fact that neither men were near the scene of the crime at the time it took place and had foolproof alibis and the fact that the confession made by Born Samnang while in police custody in 2004 was made under duress and was later retracted.
Although Born Samnang and Sok Sam Oeun were not granted compensation for the years of their lives lost in prison, the atmosphere at the court today upon hearing the verdict, was jubilant. Born Samnang and Sok Sam Oeun can now return to their families and the injustice of their initial conviction can hopefully be undone. However, although today’s decision represents a victory of sorts for the two accused, justice for Chea Vichea remains elusive. His real killers remain at large and the Cambodian authorities must re-investigate the case in order to demonstrate that impunity does not reign in Cambodia.
On the back of this small victory for Born Samnang and Sok Sam Oeun, CCHR, CHRAC and ADHOC also call upon the Cambodian authorities to expedite the case of wrongfully imprisoned land rights activist Yorm Bopha, who has filed for appeal at the Supreme Court but who has yet to receive a court date. We hope that the justice done at Supreme Court today – through the release of two
wrongfully imprisoned men – can be repeated in her case.
For more information, please contact:
Mr. Ny Chakrya, Head of Human Rights and Legal Aid Section, Cambodian Human Rights and
Development Association: 011 274 959
Mr. Suon Bunsak, Executive Secretary, Cambodian Human Rights Action Committee: 092 344357
Mr. Duch Piseth, Cambodian Center for Human Rights Trial Monitoring Project Officer: 012 712 371
