Interim Report - Report No 396, October 2021

Case No 2318 (Cambodia) - Complaint date: 22-JAN-04 - Active

Allegations: The murder of three trade union leaders and the continuing repression of trade unionists in the country

1. 158. The Committee has already examined the substance of this case (submitted in January 2004) on numerous occasions since June 2005, and most recently at its October 2019 meeting where it issued an interim report, approved by the Governing Body at its 337th Session [see 391st Report, paras 96–114]. 
2. 159. The Government sent its latest observations in a communication dated 31 January 2020.
3. 160. Cambodia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It has not ratified the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 161. In its previous examination of the case, the Committee made the following recommendations [see 391st Report, para. 114]:
   • (a) The Committee expects that the Government will take all necessary measures to expedite the process of investigation into the murders of trade union leaders Chea Vichea, Ros Sovannareth and Hy Vuthy, and that it will keep the Committee duly informed of any concrete action that the NCRILC may have taken to follow up on these investigations to ensure that the perpetrators and the instigators of these heinous crimes are brought to justice without further delay.
   • (b) The Committee firmly urges the Government to ensure that an investigation into the allegations of torture and ill treatment of Born Samnang and Sok Sam Oeun while in detention is thoroughly undertaken, under the monitoring of the NCRILC, and requests the Government to keep it informed of the outcome of the investigation or any measure of redress provided for the wrongful imprisonment of those two men.
   • (c) The Committee expects that the proceedings before the Court of Appeals with regard to the case of Thach Saveth will be concluded expeditiously and that the Government will keep it duly informed of developments in this regard.
   • (d) The Committee must again express its firm expectation that the Government will take swift action in relation to all the outstanding matters in this case and will be able to report on meaningful progress, as this necessarily has an impact on the social climate and the exercise of freedom of association rights of all workers in the country.
   • (e) The Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. The Government’s reply

1. 162. In a communication dated 31 January 2020, the Government reports that the prosecution office of the Phnom Penh Court of First Instance has not received any further result of the investigation of the murder of trade union leader Chea Vichea.
2. 163. Regarding the case of the murder of trade union leader Ros Sovannareth, the Government informs that the Court of Appeals issued on 14 July 2019 a verdict in absentia by sentencing Mr Thach Saveth to 15 years of imprisonment for the premediated murder, subject to appeal.
3. 164. The Government indicates, with regard to the murder of Hy Vuthy, that the case is still under the legal proceedings of the Phnom Penh Municipal Court.
4. 165. Finally, the Government adds that the National Commission on Reviewing the Application of International Labour Conventions Ratified by Cambodia (NCRILC) will further review these matters and address the cases in question during its annual meeting which was expected to be held early 2020. The Ministry of Labour and Vocational Training, acting as the secretariat of the NCRILC, intends to provide to the Committee updates on the cases upon receipt of a progress report from the competent authorities.

C. The Committee’s conclusions

1. 166. The Committee recalls that it has considered this serious case on numerous occasions which relates, inter alia, to the murder of the trade union leaders, Chea Vichea (January 2004), Ros Sovannareth (May 2004) and Hy Vuthy (February 2007), and to the prevailing situation of impunity with regard to acts of violence against trade unionists.
2. 167. The Committee takes note from the succinct report of the Government the following information: (i) the prosecution office of the Phnom Penh Court of First Instance has not received any further result of the investigation on the murder of Chea Vichea; (ii) with regard to the murder of Hy Vuthy, the case is still under the legal proceedings of the Phnom Penh Municipal Court; (iii) in the case of the murder of Ros Sovannareth, the Government informs that the Court of Appeals issued on 14 July 2019 a verdict in absentia by sentencing Mr Thach Saveth to 15 years of imprisonment for the premediated murder, subject to appeal; and (iv) the National Commission on Reviewing the Application of International Labour Conventions Ratified by Cambodia (NCRILC) will further review the cases during its annual meeting scheduled early 2020. The Ministry of Labour and Vocational Training, acting as the secretariat of the NCRILC, intends to provide to the Committee updates on the cases upon receipt of a progress report from the competent authorities.
3. 168. The Committee must once again express its deep concern over the evident lack of progress of the criminal investigations reported in the succinct report of the Government received in January 2020, and the absence of any updated information from the Government on the content of the discussion of the NCRILC, due to take place early 2020 according to the report, and on the status of the investigations or any decision eventually taken with the aim of concluding them. The Committee is bound to recall the need to conclude these investigations and to bring to justice the perpetrators and the instigators of these crimes in order to send an important message that any acts of violence against trade unionists will be punished and to prevent their recurrence. The Committee must also emphasize that the absence of proper investigation or concrete decision from the authorities creates a situation of impunity, which may reinforce the atmosphere of mistrust and insecurity, prejudicial to the exercise of trade union activities. Consequently, the Committee firmly urges the Government to take all necessary measures to expedite the process of investigation into the murders of trade union leaders Chea Vichea and Hy Vuthy, and to keep the Committee duly informed of any concrete action in this regard, including any measures that the NCRILC may have taken to follow up on these investigations to ensure that the perpetrators and the instigators of these crimes are brought to justice without further delay. In the case of the murder of Hy Vuthy, while noting that the case is still under legal proceedings before court, the Committee must again express its expectation that the Government will specify whether an order has been made to the judicial police to conduct a reinvestigation, given that the Government stated in 2017 that no order was made. The Committee urges the Government to provide follow-up information in this regard.
4. 169. Furthermore, the Committee recalls that for many years it had been referring to the situation of Thach Saveth, arrested and sentenced for 15 years of imprisonment in February 2005 for the premeditated murder of Ros Sovannareth in a trial characterized, in the Committee’s view, by the absence of full guarantees of due process necessary to effectively combat impunity for violence against trade unionists. Following the release of Thach Saveth on bail pursuant to the Decision of the Supreme Court ordering the review of the case, the Committee requested that justice be carried out and that Thach Saveth be able to exercise his right to a full appeal before the judicial authority. The Committee notes the information from the Government that the Court of Appeals issued on 14 July 2019 a verdict in absentia sentencing Thach Saveth to 15 years of imprisonment for the premediated murder, subject to appeal. The Committee, observing that the proceedings of the Court of Appeals went nearly nine years before its conclusion, urges the Government to provide a copy of the court decision sentencing Thach Saveth and to inform of developments following the Court of Appeals’ decision, including any appeal filed against it. The Committee further urges the Government to indicate whether a full and independent investigation into the circumstances of the murder of Ros Sovannareth was carried out in order to bring all relevant information before the courts and if so, to provide a copy of its outcome.
5. 170. Additionally, the Committee recalls that it previously referred to the allegations from Born Samnang and Sok Sam Oeun – who were wrongfully convicted for Chea Vichea’s murder and definitely acquitted in September 2013 – of torture and ill treatment by the police while in detention. While it noted the Government’s indication that all necessary legal support will be provided to them in case they decide to bring a formal complaint to court and have concrete evidence to support their case, the Committee recalled that in cases of alleged torture or ill treatment while in detention, governments should carry out independent inquiries into complaints of this kind so that appropriate measures, including compensation for damages suffered and the sanctioning of those responsible, are taken to ensure that no detainee is subjected to such treatment [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 112]. It consequently urged the Government to ensure that an investigation into the allegations of torture and ill treatment of Born Samnang and Sok Sam Oeun while in detention is thoroughly undertaken, under the monitoring of the NCRILC, and requested the Government to keep it informed of the outcome of the investigation or any measure of redress provided for the wrongful imprisonment of those two men. In the absence of information from the Government, the Committee is bound to reiterate its recommendation and expects the Government to provide information on tangible results in this regard.
6. 171. In conclusion, the Committee recalls that it previously noted the Government’s indication that, in July 2018, the NCRILC endorsed a road map on the implementation of the ILO’s recommendations concerning freedom of association which specifies, inter alia, time-bound actions aimed at providing conclusions to the pending investigations of the murder cases and that progress reports from designated institutions in charge would be regularly discussed by the NCRILC. In view of the absence of any information on the review by the NCRILC of the cases, or any progress report in this regard, the Committee must express its deep concern over the absence of tangible developments concerning all the long-standing issues under examination in this case. The Committee must again express its firm expectation that the Government will take swift action in this regard and will be able to report on meaningful progress, as this necessarily has an impact on the social climate and the exercise of freedom of association rights of all workers in the country. Consequently, the Committee must once again draw the Governing Body’s attention to the extremely serious and urgent nature of this case.

The Committee’s recommendations

1. 172. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee firmly urges the Government to take all necessary measures to expedite the process of investigation into the murders of trade union leaders Chea Vichea and Hy Vuthy, and that it will keep the Committee duly informed of any concrete action in this regard, including any measures that the NCRILC may have taken to follow up on these investigations to ensure that the perpetrators and the instigators of these crimes are brought to justice without further delay. In the case of the murder of Hy Vuthy, the Committee urges the Government to specify whether an order has been made to the judicial police to conduct a reinvestigation.
   • (b) The Committee urges the Government to provide a copy of the decision of the Court of Appeals sentencing Thach Saveth and to inform of developments following the court decision, including any appeal filed against it. The Committee further urges the Government to indicate whether a full and independent investigation into the circumstances of the murder of Ros Sovannareth was carried out in order to bring all relevant information before the courts and if so, to provide a copy of its outcome.
   • (c) In the absence of information, the Committee again firmly urges the Government to ensure that an investigation into the allegations of torture and ill treatment of Born Samnang and Sok Sam Oeun while in detention is thoroughly undertaken, under the monitoring of the NCRILC. It firmly urges the Government to provide tangible information on the outcome of the investigation and on measure of redress provided for the wrongful imprisonment of those two men.
   • (d) The Committee must express its deep concern over the absence of tangible developments concerning all the long-standing issues under examination in this case. The Committee must again express its firm expectation that the Government will take swift action in this regard and will be able to report on meaningful progress, as this necessarily has an impact on the social climate and the exercise of freedom of association rights of all workers in the country.
   • (e) The Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.