Born Samnang and Sok Sam Oeun Released From Prison

John Vink/Magnum

LICADHO
January 18, 2009

On December 31, 2008, the Supreme Court announced the release on bail of Born Samnang and Sok Sam Oeun after 1799 days of wrongful imprisonment, and ordered the Appeal Court to re-investigate their case. The two men were held at PJ prison for almost five years after being wrongly convicted of the assassination of Chea Vichea, leader of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC). Their provisional release signifies an important step towards the resolution of a case dogged by miscarriages of justice.

Chea Vichea was assassinated murder outside a newsstand in central Phnom Penh on 22 January 2004. After a grossly unfair trial, scapegoats Born Samnang and Sok Sam Oeun were convicted of the murder and sentenced to 20 years' imprisonment. There was a 20-month delay before the Appeal Court heard their case and upheld the verdict against the two men, despite the chief prosecutor's acknowledgement of insufficient evidence. The appeal hearing was criticised by the international community as being politically-motivated and failing to take into account new evidence.

The Cambodian police and courts' handling of Born Samnang and Sok Sam Oeun's case has attracted widespread criticism both nationally and internationally. Police failed to conduct a thorough and impartial investigation and both the trial and appeal hearing violated Cambodian legal procedures and international human rights standards. Their detention was also plagued with allegations of human rights violations including unlawful arrest, police brutality and other abuses.

Following the Appeal Court's upholding of their convictions the two men waited a further 17 months for the Supreme Court to hear their case, despite Cambodian law dictating that the Supreme Court is supposed to issue a verdict within six months.

The case was heard on 31 December 2008. The two men were released from prison that night, and headed to a local pagoda in Phnom Penh for a Buddhist blessing before joining family and friends for celebrations in the first few hours of their temporary freedom.

The expected retrial of Born Samnang and Sok Som Oeun by the Appeal Court presents an opportunity for the judiciary of Cambodia to demonstrate commitment to international standards of fair legal proceedings and independence from the government. It is hoped that investigating authorities will use this opportunity to conduct an impartial and effective reinvestigation to collect and present evidence that will hold those really responsible for Chea Vichea's murder accountable.