Ka-set
By Duong Sokha
19-02-2009
For the second time, the Court of Appeal of Cambodia decided on Wednesday February 18th to uphold the sentenced issued by the Municipal Court in 2005 against Thach Saveth for the premeditated murder of trade unionist Ros Sovannareth. He had been condemned to 15 years in prison following a very criticised trial. A leading member of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), Ros Sovannareth was shot by two unidentified men on a motorbike on May 7th 2004 in Phnom Penh.
Discordant confessions
Judge Oum Sarith argued that the confessions made by Thach Saveth, a 27-year-old former member of Unit 911 of the paratrooper brigade, on February 15th 2005 before the Municipal Court of Phnom Penh, and on February 11th 2009 before the Appeal Court, did not corroborate each other, hence his decision to confirm the charge. This was the only argument offered by the Court to explain its verdict.
“Thach Saveth has declared he left Anlong Veng a few days after Khmer New Year [in April 2004] with one of his friends to travel to the province of Kampong Speu, where he was due to attend the wedding of a relative. He reported spending one night in Siem Reap before arriving in Phnom Penh, and then Kampong Speu province [where the wedding was held]. He no longer has the precise dates in mind. But, before the Municipal Court [in 2005], he claimed he had not committed the crime for the simple reason that on May 7th, the day of the murder, he had only just left Anlong Veng. In summary, his confessions change or lack precision and do not corroborate the statements of the defence witnesses,” the judge of the Appeal Court explained.
An “unjust” verdict
When the sentence was announced, the defendant's mother rushed towards her son and took him in her arms. In tears, she cried, “This verdict is unjust!” Crestfallen, Thach Saveth followed to the exit the guards in charge of taking him back to prison without making any comment, while his mother walked in his steps, shouting, “My son has not done anything wrong... The real killers are still running free!”
Sam Chamroeun, one of the two lawyers for the defendant, declared that “the Court's decision [to keep his client in prison] was based on no evidence”and added that he intended to file an appeal with the Supreme Court.
After the verdict, Am Sam Ath, investigator of the human rights organisation Licadho, deplored the ruling, which he said was pronounced in spite of the inconsistency of the prosecution's evidence and the statements of witnesses claiming that Thach Saveth was not in Phnom Penh on the day of the murder.
A “sad and ironic” decision...
For Licadho, the verdict was a “step backward” after a welcomed positive development when Born Samnang and Sok Sam Oeun were released on bail on December 31st 2008 after spending nearly five years in jail for the murder of trade union leader Chea Vichea, which they claim they never committed. “Sadly, it seems that the Supreme Court's decision was the exception, not the rule, and it does not indicate any wider improvement in the independence and professionalism of Cambodia's courts,” Kek Galabru, the president of the local NGO, commented.
In a media statement released after the hearing on Wednesday, Licadho claimed there was every reason to believe that the case against Thach Saveth was fabricated, and pointed out a total lack of respect for the presumption of innocence, as the judges “placed the burden on Thach Saveth to prove his innocence.”
Other irregularities noted by the organisation include the fact that Thach Saveth was convicted on the basis of written statements, prepared by the police, from witnesses to the murder who allegedly identified him, and who never testified in court or were interviewed by any court official. Moreover, Licadho added, the witnesses could not be cross-examined by defence lawyers.
“It is sad and ironic that, even as Cambodians hope that some justice may finally be provided for the crimes of the Khmer Rouge, the country's courts fail to offer anything resembling justice to Thach Saveth and countless others on a daily basis,” Kek Galabru deplored.
By Duong Sokha
19-02-2009
For the second time, the Court of Appeal of Cambodia decided on Wednesday February 18th to uphold the sentenced issued by the Municipal Court in 2005 against Thach Saveth for the premeditated murder of trade unionist Ros Sovannareth. He had been condemned to 15 years in prison following a very criticised trial. A leading member of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), Ros Sovannareth was shot by two unidentified men on a motorbike on May 7th 2004 in Phnom Penh.
Discordant confessions
Judge Oum Sarith argued that the confessions made by Thach Saveth, a 27-year-old former member of Unit 911 of the paratrooper brigade, on February 15th 2005 before the Municipal Court of Phnom Penh, and on February 11th 2009 before the Appeal Court, did not corroborate each other, hence his decision to confirm the charge. This was the only argument offered by the Court to explain its verdict.
“Thach Saveth has declared he left Anlong Veng a few days after Khmer New Year [in April 2004] with one of his friends to travel to the province of Kampong Speu, where he was due to attend the wedding of a relative. He reported spending one night in Siem Reap before arriving in Phnom Penh, and then Kampong Speu province [where the wedding was held]. He no longer has the precise dates in mind. But, before the Municipal Court [in 2005], he claimed he had not committed the crime for the simple reason that on May 7th, the day of the murder, he had only just left Anlong Veng. In summary, his confessions change or lack precision and do not corroborate the statements of the defence witnesses,” the judge of the Appeal Court explained.
An “unjust” verdict
When the sentence was announced, the defendant's mother rushed towards her son and took him in her arms. In tears, she cried, “This verdict is unjust!” Crestfallen, Thach Saveth followed to the exit the guards in charge of taking him back to prison without making any comment, while his mother walked in his steps, shouting, “My son has not done anything wrong... The real killers are still running free!”
Sam Chamroeun, one of the two lawyers for the defendant, declared that “the Court's decision [to keep his client in prison] was based on no evidence”and added that he intended to file an appeal with the Supreme Court.
After the verdict, Am Sam Ath, investigator of the human rights organisation Licadho, deplored the ruling, which he said was pronounced in spite of the inconsistency of the prosecution's evidence and the statements of witnesses claiming that Thach Saveth was not in Phnom Penh on the day of the murder.
A “sad and ironic” decision...
For Licadho, the verdict was a “step backward” after a welcomed positive development when Born Samnang and Sok Sam Oeun were released on bail on December 31st 2008 after spending nearly five years in jail for the murder of trade union leader Chea Vichea, which they claim they never committed. “Sadly, it seems that the Supreme Court's decision was the exception, not the rule, and it does not indicate any wider improvement in the independence and professionalism of Cambodia's courts,” Kek Galabru, the president of the local NGO, commented.
In a media statement released after the hearing on Wednesday, Licadho claimed there was every reason to believe that the case against Thach Saveth was fabricated, and pointed out a total lack of respect for the presumption of innocence, as the judges “placed the burden on Thach Saveth to prove his innocence.”
Other irregularities noted by the organisation include the fact that Thach Saveth was convicted on the basis of written statements, prepared by the police, from witnesses to the murder who allegedly identified him, and who never testified in court or were interviewed by any court official. Moreover, Licadho added, the witnesses could not be cross-examined by defence lawyers.
“It is sad and ironic that, even as Cambodians hope that some justice may finally be provided for the crimes of the Khmer Rouge, the country's courts fail to offer anything resembling justice to Thach Saveth and countless others on a daily basis,” Kek Galabru deplored.
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