The Appellate Court in Phnom Phenh convicted Borng Samnang and Sok Sam Oen of the murder of Chea Vichea, former President of Cambodia Free Trade Union Worker. The Court’s ruling raised question of inconsistency with international fair trial standards since it denied to admit the testimony of a key witness.
The Asian Forum for Human Rights and Development (FORUM-ASIA) today expressed deep concern on the verdict imposed by the Appellate Court of Cambodia on 12 April 2007 in the case of Borng Samnang and Sok Sam Oen. FORUM-ASIA urged the government of Cambodia to affirm its commitment to respect the rule of law by conducting another trial that would meet international fair trial standards consistent with international human rights law.
Borng Samnang and Sok Sam Oen were convicted and sentenced to twenty years imprisonment by the Phnom Penh Municipal Court on 1 August 2005 for the murder of Chea Vichea, former president of the Free Trade Union Workers of the Kingdom of Cambodia. However the trial and subsequent conviction of Borng Samnang and Sok Sam Oen has been widely criticized for failing to meet international fair trial standards and disrespecting the rule of law.
The case of Borng Samnang and Sok Sam Oen was initially dismissed due to lack of evidence by Phnom Penh Municipal Court Investigating Judge Heng Thirith on 19 March 2004. However, a few days after the dismissal of the case Judge Heng Thirith was removed from his position and transferred to another province in Cambodia. Subsequently, Appeal Court Presiding Judge Thon Mony overturned the decision and ordered the reinstatement of the murder charges. After a trial that allegedly failed to meet international fair trial standards, the two men were convicted. Borng Samnang and Sok Sam Oen filed an appeal, but it took the Appeal Court almost two years to render a decision affirming the decision of the Municipal Court. It should also be noted that the Appeal Court refused to hear the testimony of a key witness, which could have lent evidence to the innocence of the two men.
Anselmo Lee, Executive Director of FORUM-ASIA, stressed the vital role of the judiciary in promoting respect for the rule of law in Cambodia. “The government of Cambodia must prove to the international community its commitment to respecting the rule of law. It must ensure another trial for Borng Samnang and Sok Sam Oen consistent with international human rights law and in accordance with fair trial standards.”
FORUM-ASIA urged the government of Cambodia to be mindful of its obligations under international law to respect every person’s right to liberty and conduct fair trial proceedings without undue delay.
For more information, please contact Mr. Pokpong Lawansiri, Human Rights Defenders (HRD) Programme Officer (+66 2 391 8801 / [email protected])