By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – On December 31st, the Cambodian Supreme Court decided to retry two alleged killers of a prominent labor leader due to unclear evidence. The Cambodian Supreme Court reversed the convictions of a 20-year sentence upheld by the Appeals Court.

In January 2004, Chea Vichea, the leader of Cambodia’s largest labor union was shot to death in broad daylight at a Phnom Penh newsstand. Vichea is a vocal critic of the Prime Minister, Hun Sen’s government and the murder was suspected to be politically motivated.

Born Samnang and Sok Sam Oeun were arrested and convicted of murder just days after the killing. They were each sentenced to 20 years in prison.  International and local human rights groups criticized the speedy trial and conviction.

Supreme Court judge, Dith Monty, dismissed the conviction upheld by the Appeals Court in 2007. Dith Monty said, “The case is a criminal one which requires more investigation,” adding in order to ensure Born Samnang and Sok Sam Oeun’s rights were not violated, the Court had “decided to release the two suspects provisionally, but under watch of the Court.” The judge also ordered the Appeals Court to retry the case.

The two men denied any involvement in the killing. They told the Court, which was filled with diplomats, human rights activists, and journalists, that they have been framed by the police.  Heng Pov, the former chief of police in Phnom Penh and led investigator of the murder of Vichea also believed Born Samnang and Sok Sam Oeun’s innocence.

The UN human rights officials, the United States and relatives of the two men welcomed the Court’s decision. The Supreme Court’s decision “was greeted with a warm round of applause by the public, including the families of the defendants, as it truly deserves,” the UN rights office said in a statement. Additionally, the UN office “hopes that this decision will set the standards for the future handling of all criminal cases by Cambodian courts.”

In a statement, the United States embassy’s charge d’affaires Piper Campbell 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.”

For more information, please see:

AFP – Cambodian Court Releases Alleged Killers of Union Boss – 31 December 2008

HRW – Cambodia: Supreme Court Tested by Labor Leader’s Murder Case – 27 December 2008

Phnom Penh Post – Convicted Killers of Labor Leader Released Pending Retrial – 31 December 2008