Labels: Uighurs, UN Human Rights Report, US State Department

UN Special rapporteur on adequate housing denounces forced evictions in Cambodia

Labels: Corruption, eviction, landgrabbing, UN Human Rights Report

Cambodia: Supreme Court Tested by Labor Leader’s Murder Case

Lack of Justice Leaves Unionists in Fear for Their Lives

The Cambodian Supreme Court should rely on the evidence and not give in to government pressure when it reviews the case. 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

December 28, 2008

(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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http://www.hrw.org/en/news/2008/12/27/cambodia-supreme-court-tested-labor-leader-s-murder-case

Labels: Born Samnang, Chea Vichea, Sok Sam Oeun, UN Human Rights Report

General Hok Lundy, Cambodia's Notorious and Brutal Police Chief, He Was Widely Feared

Labels: American Politics, Chea Vichea, Corruption, CPP, Ho Sok, Hok Lundy, Human Traffic, hun sen, MARCH 30 1997, UN Human Rights Report

Labels: UN Human Rights Report, US State Department

• The Government must respect the independence of all prosecutors and judges, including those (and defenders and administrative staff) within ECCC.


• The Government must devote more resources to the justice sector. Efforts to train lawyers and to recruit prosecutors and judges should continue and the aim should be for everyone to be within easy reach of a court and for delays in proceedings to be minimized.


• The Government should appoint a committee drawn from Government, the BAKC, human rights NGOs and local and foreign experts, to advise on the organization of legal aid. Its recommendations should be implemented speedily.


• The Government must promote respect for the rule of law within the State and society. It must set the example, as guardian of the Constitution and the law. Laws must be implemented fairly and fully and effective remedies for the violation of rights ensured, if people are to trust the notion of rule of law.


• The Government must urgently enact laws on demonstrations and anti-corruption, ensuring that they comply with the Constitution and human rights standards.


• The Government must protect the rights of indigenous persons and others who, due to illiteracy, customary practices and expectations, communal forms of organizations etc., are not familiar with the law or its procedures, the rules for making of economic transactions or with the market economy. Steps must be taken to ensure that State authorities, including communes, are no longer involved in transactions of dubious morality or law that undermine the rights of these communities and individuals.


• The Government must do all it can to stop forced evictions. It must never be complicit in unlawful evictions. Internationally accepted guidelines must be observed, including the principles that nobody should be made homeless as a result of development-based evictions, the full and informed consent of those targeted for eviction. Evictions should be carried out only in exceptional circumstances, and solely for the purpose of promoting the general welfare in a democratic society. The use of force should be prohibited. No one should be imprisoned in relation to protecting their rights to land and housing and anyone detained in this context should be released. A moratorium on forced evictions should be declared, to allow the determination of the legality of land claims to be made in an objective and fair manner.


• The Government must establish an independent authority to receive complaints about maladministration by the State (including institutions of justice). A Human Rights Commission fully established on the Paris Principles could be given this task.


• The Government must respect the duty and right of civil society to promote and protect human rights and observe United Nations resolutions on the rights of human rights defenders. No restrictions should be placed on reasonable activities of local communities and non-governmental associations.


• The Government must deal fairly with specific cases brought to its attention in recent reports of the Special Representatives and human rights organizations, including the circumstances in which the Venerable Tim Sakhorn disappeared. These steps should include justice for the alleged killers of union leader Chea Vichea and bringing to justice his real killers.

• The international community should set up or facilitate the setting up of an independent expert commission to review the working of the legal and judicial system, to make recommendations, and to report annually to the international community and the Royal Government of Cambodia, one month ahead of the consultations between the Government and the donors and lenders. The commission should develop effective and realistic criteria to assess progress, paying particular attention to the enforcement of the law and the independence of the prosecution and judges. The report should form the basis of consultations.


• Foreign Governments or agencies providing assistance in drafting laws must ensure that the law they are proposing is consistent with human rights. This raises no difficulties in respect of Cambodia’s sovereignty. This is also an international obligation of each and every Member State of the United Nations, under the Charter and under the treaties they have ratified.


• Foreign embassies, collectively or bilaterally, should engage the Government in dialogues on human rights and urge the Government to stop the most egregious violations. They should emphasize that respect for human rights is an essential basis of the partnership between them and the Cambodian State and people, and for the pursuance of a development process that places human beings and environment at its heart, rather than unlimited profit and greed, at its heart.


• Since the Constitutional Council has stated that human rights treaties are binding, it is necessary that the decisions of the treaty bodies and of international and foreign courts and tribunals should be taken into account when applying the law. This approach would reinforce the impact that ECCC is expected to have on improvements in the Cambodian legal and judicial system. OHCHR should translate and disseminate major interpretations and conclusions of the treaty bodies.
  

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