Rapport intérimaire - Rapport No. 409, Mars 2025

Cas no 2318 (Cambodge) - Date de la plainte: 22-JANV.-04 - Actif

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

1. 90. 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 March 2024 meeting where it issued an interim report, approved by the Governing Body at its 350th Session [see 405th Report, paras 208–227]. 
2. 91. The Government provided information in three written communications dated 20 May 2024, 9 September 2024 and 14 January 2025.
3. 92. 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).

A. Previous examination of the case

1. 93. In its previous examination of the case, the Committee made the following recommendations [see 405th Report, para. 227]:
   • (a) The Committee must once again firmly urge the Government to take all necessary measures to expedite the process of investigation into the murder of trade union leader Chea Vichea, and to provide detailed information on the specific steps taken by the Phnom Penh Municipal Police to advance this investigation and how it proposes to resolve the obstacles encountered in the process.
   • (b) The Committee is compelled to reiterate its request that the Government provide a copy of both the Court of First Instance decision and the court decision releasing Chan Sophonn, this to enable the Committee to consider the interlinkages between the trade union activities of Hy Vuthy, violence in the country at the time of his murder, the efforts made to investigate the matter and the degree of impunity in the country. It also once again urges the Government to provide information available about the investigation into the circumstances of the murder of Hy Vuthy and its outcome which led to the conviction of Mr Phal Vannak.
   • (c) The Committee is bound to reiterate its request and urge the Government to provide a copy of the court decision of July 2019 sentencing in absentia Mr Thach Saveth to 15 years of imprisonment for premediated murder, and to indicate any appeal filed against it. It, once again, urges the Government to provide, inter alia, details of any investigation into the circumstances of the murder of Ros Sovannareth which was brought before the court and which led to the conviction of Mr Thach Saveth.
   • (d) The Committee expects that, in the event an investigation into the alleged acts of ill treatment and torture against Born Samnang and Sok Sam Oeun is supported by any of the parties to the NCRILC, the Government will take steps to ensure that such investigation is carried out without delay and that it will indicate any outcome and follow-up given.
   • (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. 94. In its communications dated 20 May 2024, 9 September 2024 and 14 January 2025, the Government provides updated information in relation to the pending issues of this case.
2. 95. Regarding the murder of trade union leader Chea Vichea, the Government recalls that the initial investigation resulted in the arrest of two suspects who were later acquitted in a decision issued by the Supreme Court (a copy of which was attached to the Government’s report), and that the Court ordered the prosecutors of the Phnom Penh Court of First Instance to reinvestigate the case and bring the real perpetrator to justice. The Government states that this case is a matter of profound regret and that it continues to exert every effort in bringing justice for the victim’s family. It indicates that, despite various challenges (significant passage of time since the occurrence of the incident, the relocation and demise of witnesses, limited cooperation of the victim’s family), the Phnom Penh Municipal Police have recently completed the reinvestigation and submitted their report to the Prosecutor’s Office of the Phnom Penh Court of First Instance for further proceedings. The case is currently under judicial proceedings and the Government reaffirms its steadfast commitment to pursuing all available avenues to solve the case and address its complexities by adopting a multi-faceted approach, as well as its commitment to pursuing justice for Chea Vichea and his family. It expresses confidence that the renewed efforts, coupled with support from the relevant stakeholders and the Committee, will contribute to achieving a resolution that upholds justice.
3. 96. With regard to the murder of trade union leader Ros Sovannareth, the Government reiterates that following the 2011 Supreme Court decision which ordered re-trial, the Court of Appeal reconsidered the case and, upon sufficient evidence, sentenced the suspect, Mr Thach Saveth, on 1 July 2019 to 15 years of imprisonment for premediated murder. The judgment of the Court of Appeal provided by the Government recalls the factual circumstances of the incident, in particular, that on 7 May 2004, two people riding a motorbike shot Ros Sovannareth four times in front of his house upon his return from working at the factory, causing immediate death. It also recalls the judicial procedure and, in particular the reasons for which the Supreme Court ordered re-trial back in 2011 – it found that the case consisted of both exculpatory and inculpatory evidence, with the latter not having been obtained in line with the Law on Criminal Procedure and the Code of Criminal Procedure (testimonies were provided to the police but were neither sworn in nor questioned at court). According to the 2019 judgment of the Court of Appeal, while summonses could not be served on five witnesses, those who spoke to the police consistently identified, from the list of criminal targets presented to them, the person who pulled out the gun and shot Ros Sovannareth as Mr Thach Saveth. While Mr Thach Saveth denied having committed the murder and stated that on the day of the incident, he was travelling from Oddar Meanchey province to Kampong Speu province, the Court of Appeal eventually sentenced him to 15 years of imprisonment. Since the case has been concluded and Mr Thach Saveth served his term in prison, the Government requests once again the withdrawal of the case of the murder of Ros Sovannareth from the complaint.
4. 97. In relation to the murder of trade union leader Hy Vuthy, the Government reiterates information provided previously that Mr Chan Sophonn and Mr Phal Vannak were sentenced in absentia to 18 years of imprisonment and issued arrest warrants. Mr Chan Sophonn was arrested but he was later acquitted and released. The February 2014 judgment of the Phnom Penh Court of First Instance, submitted by the Government, found that there was insufficient evidence to charge the accused with premediated murder (among others, he was not in Phnom Penh at the time of the incident, has never had any disputes with the victim and has never used a firearm) and therefore acquitted Mr Chan Sophonn and revoked the arrest warrant issued against him.
5. 98. The judgment of the Court of First Instance, on the basis of witness testimonies, further noted that: (i) Hy Vuthy was elected in 2005 as president of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), one of the four unions present in the Suntex factory; (ii) two of the other unions (including the Khmer Union) were envious of him because the workers favoured him more; (iii) members of the FTUWKC frequently faced assaults at the factory; (iv) Hy Vuthy wanted to leave his job due to a conflict with someone named Phon, which nearly escalated to physical violence, but the conflict was resolved; (v) in July 2006, Hy Vuthy stated that someone had hired two known gangsters, named Phon and Nak, to assault him and set his car on fire, but later reconciled with them and gave them US$10 each; (vi) Hy Vuthy shared his intention to resign from the union, mentioning multiple threats he had received in late 2006 urging him to stop his union activities and warning him to be cautious of potential repercussions, and even drafted a resignation letter; (vii) he became involved in two disputes with Long Vannak, president of the Khmer Union, and was subsequently assaulted by two unidentified individuals riding a motorcycle; (viii) Long Vannak once threatened Hy Vuthy with the following words: “Don’t be too strong with us. Be careful. Guns are legitimate. I can shoot you at any time I want”; and (ix) on 23 February 2007, one day before his assassination, Hy Vuthy met with three men, one of whom threatened him, demanding that he deliver money to a man named Kaoun in relation to a shooting that had occurred in front of the factory the previous day. The Government recalls that, following the acquittal and release of Mr Chan Sophonn, Mr Phal Vannak is the sole individual under an arrest warrant in this case. Although he has been put on the “Wanted List” by the competent authority, he regrettably remains at large and there is currently no information of his whereabouts. While the competent authority considered, as an additional approach to search for the suspect and to ensure the execution of the court’s verdict, requesting to put Mr Phal Vannak on INTERPOL’s Red Notice list, this was not possible because he did not hold a passport, as required by INTERPOL. Instead, the police, in collaboration with the General Department of Immigration, have entered Mr Phal Vannak’s name into the data management system with the aim of suspending his travel and facilitating his arrest and all relevant departments, units and police forces were directed to take action to arrest Mr Phal Vannak. The Government expresses its commitment to seek justice for this murder and its determination to hold perpetrators accountable.
6. 99. In relation to the allegations that Mr Born Samnang and Mr Sok Sam Oeun (who were wrongfully convicted for Chea Vichea’s murder and acquitted by the Supreme Court in September 2013; the judgment was submitted with the Government’s report) had been tortured and ill-treated by the police during their detention, the Government reiterates that a complaint should have been filed to the court for proceedings but since no such complaint has been filed in this regard, the court remains unable to initiate any proceedings into these allegations. The Government however expresses its openness to facilitate an investigation if a complaint is submitted in accordance with the law and emphasizes that the National Committee Against Torture remains at Mr Born Samnang’s and Mr Sok Sam Oeun’s disposal for legal assistance during all stages of the legal process.
7. 100. The Government concludes by indicating that the National Commission on Reviewing the Application of the International Labour Conventions Ratified by Cambodia (NCRILC), a tripartite mechanism dedicated to resolving all concerns related to the implementation of the ILO Conventions ratified by Cambodia (whose composition has been modified by a decision issued on 2 January 2024 provided by the Government), plays an active role in fostering collaboration between the Government, employers’ and workers’ representatives in order to explore possible and innovative approaches to concluding any pending cases. The new NCRILC convenes quarterly meetings and met in May 2024, August 2024 (with the participation of the ILO) and January 2025 respectively, during which meetings the tripartite members reaffirmed their commitment and discussed concrete steps to effectively implement the Committee’s recommendations concerning the present complaint and to ensure justice. The workers’ representatives expressed their satisfaction with this mechanism while the employers’ representatives emphasized the importance of promoting social dialogue as a means to resolving the pending cases.
8. 101. Finally, the Government reaffirms its steadfast commitment to respecting international labour standards, as well as to ensuring the exercise of freedom of association in a climate free from intimidation and violence.

C. The Committee’s conclusions

1. 102. 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. 103. In relation to the reinvestigation of the murder of Chea Vichea (recommendation (a)), the Committee notes the Government’s indication that, despite the various challenges faced (significant passage of time, relocation and demise of witnesses, limited cooperation of the victim’s family), the Phnom Penh Municipal Police have recently completed the reinvestigation and submitted their report to the Prosecutor’s Office of the Phnom Penh Court of First Instance for further proceedings and that this case is currently under judicial proceedings. Recalling that it has been examining this case for almost two decades and emphasizing once again that the absence of a proper investigation would create a situation of impunity prejudicial to the exercise of trade union activities, the Committee firmly urges the Government to ensure that the reinvestigation report submitted by the police contributes to bringing this long standing case to a conclusion and to ensuring that the perpetrators and the instigators of this heinous crime are brought to justice. The Committee requests the Government to provide a copy of the reinvestigation report and to keep it informed of progress made in the judicial proceedings, including to provide the relevant judgment.
3. 104. Concerning the investigation and judicial proceedings relating to the murder of Hy Vuthy (recommendation (b)), the Committee recalls from its previous examination of the case that the Phnom Penh Court of First Instance sentenced Mr Chan Sophonn and Mr Phal Vannak in absentia to 18 years of imprisonment and that the former, following his appeal, was acquitted and released. The Committee observes from the judgment provided by the Government that the only inculpatory evidence presented against Mr Chan Sophonn, also known as Phon, was his quarrel with the victim; the said evidence was deemed insufficient to charge the accused with murder and therefore led to his acquittal. The Committee further notes the elements and testimonies examined by the court which have implications for the present case, in particular that members of the FTUWKC – the factory union of which Hy Vuthy was the president – frequently faced assaults, that shots were regularly fired in front of the factory and that Hy Vuthy was considering resigning from the union due to multiple threats he had received urging him to stop his union activities and warning him of potential repercussions. Noting with deep concern the apparent interlinkages between Hy Vuthy’s trade union membership and activities and his murder, the Committee recalls that acts of intimidation and physical violence against trade unionists constitute a grave violation of the principles of freedom of association and the failure to protect against such acts amounts to a de facto impunity, which can only reinforce a climate of fear and uncertainty highly detrimental to the exercise of trade union rights [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 90]. The Committee further notes the Government’s indication that Mr Phal Vannak is the sole individual under an arrest warrant in relation to the murder of Hy Vuthy and that although he has been put on the “Wanted List” by the competent authority, he remains at large, with no information of his whereabouts; additional measures were therefore taken by the authorities to arrest him. While taking note of the above, the Committee observes that the judgment provided by the Government on the release of Chan Sophonn does not elaborate on the role played by Mr Phal Vannak in the murder of Hy Vuthy but refers to the victim’s altercations with Long Vannak; it is unclear if this is the same person. The Committee therefore urges the Government to provide clarification in this respect and to provide all available information about the investigation into the circumstances of the murder of Hy Vuthy and its outcome which led to the conviction of Mr Phal Vannak, as well as a copy of the Court of First Instance decision convicting Mr Phal Vannak.
4. 105. In relation to the investigation and court proceedings relating to the murder of Ros Sovannareth (recommendation (c)), the Committee recalls that for many years it had been referring to the trial of Mr Thach Saveth as being characterized by the absence of full guarantees of due process necessary to effectively combat impunity for violence against trade unionists. The Committee further recalls that, following the 2011 order of the Supreme Court to reinvestigate the case due to procedural irregularities (the inculpatory evidence was not obtained in line with the law on criminal procedure), the Court of Appeal reconsidered the case and, in July 2019, convicted Mr Thach Saveth to 15 years of imprisonment. In this regard, the Committee notes from the judgment of the Court of Appeal provided by the Government, that even though Mr Thach Saveth denied having committed the murder, claiming that on the day of the incident he was travelling, the Court found that there was sufficient evidence for conviction, considering that those who spoke to the police consistently identified, from the list of criminal targets presented to them, the person who pulled out the gun and shot Ros Sovannareth as Mr Thach Saveth and this despite the fact that witness summonses could not be ordered to several witnesses (a point which the Supreme Court had considered as not in line with the criminal procedure in the previous trial). The Committee notes the Government’s indication in this regard that the case has been concluded and that Mr Thach Saveth served his term in prison. While recalling the importance of ensuring full guarantees of due process of law, the Committee, in light of the information provided by the Government, as well as the lack of further updates on this matter from the complainant, will not pursue the examination of this aspect of the case unless the complainant provides further information on measures taken to raise the case of Thach Saveth’s imprisonment.
5. 106. With regard to the allegations that Mr Born Samnang and Mr Sok Sam Oeun (who were wrongfully convicted for Chea Vichea’s murder and acquitted by the Supreme Court in September 2013) had been tortured and ill-treated by the police during their detention (recommendation (d)), the Committee notes the Government’s reiteration that the court remains unable to initiate any proceedings on these allegations as none of the individuals has filed a complaint in this regard but that the National Committee Against Torture remains available to the individuals for legal assistance during all stages of the legal process. Recalling 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, para. 112], the Committee firmly expects that, in the event an investigation is requested by any of the parties to the NCRILC, the Government will take steps to ensure that such investigation is carried out without delay.
6. 107. Finally, the Committee appreciates the detailed reply provided by the Government in response to the recommendations that it has been making for many years and the provision of court decisions which have assisted the Committee’s fuller understanding of this case. It welcomes the completion of the reinvestigation of the murder of trade union leader Chea Vichea and the submission of the report to the Prosecutor’s Office which it trusts will enable rapid clarification of this case over two decades long. The Committee appreciates the Government’s reaffirmation of its steadfast commitment to ensure the exercise of freedom of association in a climate free from intimidation and violence and notes its reiteration of the important role played by the NCRILC in resolving the outstanding issues of this case and the commitment expressed by its members to effectively implement the Committee’s recommendations. The Committee expects the Government to keep it duly informed of any concrete action undertaken by the NCRILC in this regard.

The Committee’s recommendations

1. 108. 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 ensure that the reinvestigation report submitted by the police on the murder of Chea Vichea contributes to bringing this long-standing case to a conclusion and to ensuring that the perpetrators and the instigators of this heinous crime are brought to justice. The Committee requests the Government to provide a copy of the reinvestigation report and to keep it informed of progress made in the judicial proceedings, including to provide the relevant judgment.
   • (b) The Committee urges the Government to provide all available information about the investigation into the circumstances of the murder of Hy Vuthy, including clarification as to the role played by Mr Phal Vannak and the outcome of the investigation which led to his conviction, as well as a copy of the Court of First Instance decision convicting Mr Phal Vannak.
   • (c) The Committee firmly expects that, in the event an investigation into the alleged acts of ill-treatment and torture against Born Samnang and Sok Sam Oeun is requested by any of the parties to the National Commission on Reviewing the Application of the International Labour Conventions Ratified by Cambodia (NCRILC), the Government will take steps to ensure that such investigation is carried out without delay.
   • (d) The Committee expects the Government to keep it duly informed of any concrete action undertaken by the NCRILC to resolve the outstanding issues of this case and to effectively implement the Committee’s recommendations.
   • (e) The Committee once again draws the Governing Body’s attention to the serious and urgent nature of this case.