Informe provisional - Informe núm. 383, Octubre 2017

1. 82. The Committee has already examined the substance of this case on numerous occasions, most recently at its October–November 2016 meeting where it issued an interim report, approved by the Governing Body at its 328th Session [see 380th Report, paras 99–117].
2. 83. The Government sent its observations in a communication dated 30 May 2017.
3. 84. 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. 85. In its previous examination of the case, the Committee made the following recommendations [see 380th Report, para. 117]:
   • (a) The Committee once again urges the Government to keep it duly informed of any development with regard to the investigation into the murder of Chea Vichea and to ensure that the perpetrators and the instigators of this heinous crime are brought to justice.
   • (b) The Committee expects that the Inter-Ministerial Commission for Special Investigations will thoroughly review the allegations of torture and other ill-treatment by police, intimidation of witnesses and political interference with the judicial process during the prosecution of Born Samnang and Sok Sam Oeun, and ensure an investigation into all the abovementioned allegations, and requests the Government to keep it informed of the outcome and any measure of redress provided for the wrongful imprisonment of Born Samnang and Sok Sam Oeun.
   • (c) Recalling that it had previously deplored the fact that Mr Thach Saveth was arrested and sentenced for the premeditated murder of trade unionist Ros Sovannareth in a trial characterized by the absence of full guarantees of due process necessary to effectively combat impunity for violence against trade unionists, the Committee expects that the Inter Ministerial Commission for Special Investigations will thoroughly review the circumstances surrounding his trial so as to ensure that justice has been carried out and that he has been able to exercise his right to a full appeal before an impartial and independent judicial authority and requests the Government to keep it informed of developments in this regard.
   • (d) With regard to the murder of Mr Hy Vuthy, the Committee takes note of the statement that the Inter-Ministerial Commission for Special Investigations is still investigating the case and once again urges the Government to keep it duly informed of any progress made in this regard.
   • (e) The Committee urges the Government to indicate whether Mr Chhouk Bandith, who is serving his jail term, has paid the compensation awarded to the three victims as ruled by the Svay Rieng Provincial Court.
   • (f) The Committee request the Government to inform it of any development with regard to its investigation into the assault of trade unionists of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) and of the Free Trade Union of the Suntex Garment Factory (FTUSGF) reported in 2006, as well as into the current employment status of three activists of the Free Trade Union of Workers of the Genuine Garment Factory (FTUWGGF) who were allegedly dismissed in 2006 following their convictions for acts undertaken in connection with a strike at the Genuine Garment Factory.
   • (h) 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. 86. In its communication dated 30 May 2017, the Government indicates that the Inter-Ministerial Commission for the Special Investigation on Case No. 2318 concerning the murder of trade union leaders, namely Mr Chea Vichea, Mr Ros Sovannareth and Mr Hy Vuthy conducted its second meeting on 24 January 2017 to discuss the progress of the Commission and its challenges. The Government states that after hearing the challenges raised by its members, the Commission decided to set up a tripartite subcommission with the hope of having better access to evidence and information from all stakeholders that may help the Commission to expedite its investigation.
2. 87. The Government further indicates that following the establishment of the Inter-Ministerial Commission for Special Investigations, the National Police Commissariat also created an Investigation Taskforce through Decision No. 464 SSR dated 5 October 2015. The Taskforce is chaired by the Phnom Penh Municipal Police Commissioner.
3. 88. With regard to the murder of Mr Chea Vichea, the Government indicates that based on the report of the National Police Commissariat to the Minister of Interior (Deputy Prime Minister) dated 13 April 2017, the Phnom Penh Municipal Court ordered the Judicial Police to reinvestigate the case in order to find the perpetrator as well as to collect further evidence following the temporary release of the suspects Mr Born Samnang and Mr Sok Sam Ouen. The Government states that the reinvestigation has commenced but has encountered an obstacle as the Taskforce did not receive sufficient cooperation from Mr Chea Vichea’s brother, Mr Chea Mony.
4. 89. With regard to the case of Ros Sovannareth, the Government recalls that Mr Thach Saveth had been sentenced to prison for 15 years by a judgment of the Phnom Penh Municipal Court in February 2005, and had filed an appeal to the Court of Appeals, which upheld the judgment of the Municipal Court. Mr Thach Saveth subsequently filed an appeal to the Supreme Court in February 2009, which nullified the judgment of the Court of Appeals, ordered that Court to rehear the case and released Mr Thach Saveth on bail. The Government indicates that the case is currently under the legal proceedings of the Court of Appeals.
5. 90. Concerning the case of Mr Hy Vuthy, the Government states that Mr Chan Sophon, the suspect who was arrested in September 2013 in accordance with an arrest warrant issued by the Phnom Penh Municipal Court in April 2012, was released in February 2014. The Government states that the case is currently under the legal proceedings of the Phnom Penh Municipal Court, but that no order has been made to the Judicial Police to do a reinvestigation.
6. 91. Concerning the case of Mr Chhouk Bandith, the Committee notes the Government’s statement that, based on the report of the Svay Rieng Provincial Commissariat of Police of 9 February 2017, Mr Chhouk Bandith has paid compensation to the victims as ordered by the Supreme Court in October 2015. The Government indicates that he has also finished his term in jail.

The Committee’s conclusions

1. 93. 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, Mr Chea Vichea, Mr Ros Sovannareth and Mr Hy Vuthy, and to the climate of impunity that exists surrounding acts of violence directed towards trade unionists.
2. 94. The Committee takes due note of the Government’s indication that the National Police Commissariat created an Investigation Taskforce, chaired by the Phnom Penh Municipal Police Commissioner in October 2015. The Committee also notes the information provided by the Government concerning the work of the Inter-Ministerial Commission for Special Investigations on Case No. 2318. Particularly, it notes that it conducted its second meeting on 24 January 2017 to discuss the progress of the Commission and its challenges. In this respect, the Committee recalls that the Inter-Ministerial Commission for Special Investigations was established in August 2015, and that the Government had previously indicated that the Commission was to have regular meetings every three months to review the progress made for each case.
3. 95. The Committee notes the Government’s indication that, after hearing the challenges raised by its members, the Inter-Ministerial Commission decided to set up a tripartite subcommission with the hope of having better access to evidence and information from all stakeholders that may help the Commission to expedite its investigation. The Committee recalls that the Government had previously indicated, in its communication of October 2016, that the establishment of a tripartite group attached to the Commission was under way. However, it notes the information provided by the Government representative to the Conference Committee on the Application of Standards in June 2017 that the tripartite subcommission had not yet been established.
4. 96. While taking due note of the information provided by the Government, the Committee must express its deep concern with respect to the lack of progress in the work of the Inter Ministerial Commission for Special Investigations, more than two years after its establishment, the delay in the establishment of the tripartite subcommission to expedite the investigations and at the lack of concrete results concerning the investigations requested. Recalling the need to conclude the investigations and to bring to justice the perpetrators and the instigators of these crimes in order to end the prevailing situation of impunity in the country with regard to violence against trade unionists, the Committee urges the competent authorities to take all necessary measures to expedite the process of investigation, including by ensuring the effective functioning of the Inter-Ministerial Commission for Special Investigations and the establishment and operation of the tripartite subcommission. It requests the Government to report on concrete progress in this regard, and to provide information on the activities and progress of the Investigation Taskforce created by the National Police Commissariat.
5. 97. Concerning the murder of Mr Chea Vichea, the Committee notes the information provided by the Government that the Phnom Penh Municipal Court had ordered the Judicial Police to reinvestigate the case in order to find the perpetrator, that the reinvestigation had commenced and that the Taskforce had encountered an obstacle as it did not receive sufficient cooperation from Mr Chea Vichea’s brother. In the event that this lack of cooperation is due to concerns for personal safety, the Committee requests the Government to take any measures necessary to guarantee his safety and that of those who may be in a position to assist the investigation. In addition, the Committee urges the Government to take all necessary measures to advance the investigation initiated, regardless of the cooperation of the victim’s relatives, to ensure that the perpetrators and the instigators of this heinous crime are brought to justice. It once again urges the Government to keep it duly informed of any developments with regard to the investigation into the murder of Mr Chea Vichea.
6. 98. The Committee notes the Government’s statement that the Municipal Court ordered the Judicial Police to collect more evidence following the temporary release of the suspects, Mr Born Samnang and Mr Sok Sam Ouen, but observes that the Government does not indicate if the reinvestigation, or the work of the Inter-Ministerial Commission for Special Investigations, will include an examination of the allegations of torture and other ill treatment by police of those two men, intimidation of witnesses and political interference with the judicial process. With respect to the Government’s indication that the release of the two men is temporary, the Committee recalls that it had previously noted the Supreme Court judgment definitively acquitting Mr Born Samnang and Mr Sok Sam Oeun and the dropping of all charges against them [see 370th Report para. 161]. Recalling that it had previously called for an independent and impartial investigation into the prosecution of Mr Born Samnang and Mr Sok Sam Oeun, the Committee expects that the Inter-Ministerial Commission for Special Investigations will thoroughly review this matter and ensure an investigation into the allegations referenced above, and requests the Government to keep it informed of the outcome and any measure of redress provided for the wrongful imprisonment of those two men. It further requests the Government to provide further information on the nature of their release from prison, indicating whether this release is temporary.
7. 99. With respect to the murder of Mr Ros Sovannareth, the Committee notes the Government’s indication that the case of Mr Thach Saveth is currently under the legal proceedings of the Court of Appeals, following the judgment of the Supreme Court that nullified the Court of Appeals previous judgment, ordered that Court to rehear the case and released Mr Thach Saveth on bail. The Committee recalls that the Supreme Court ruling was handed down in 2011, and regrets that the Government has not provided information on any investigative activities undertaken by the Inter-Ministerial Commission for Special Investigations with respect to the case. Recalling that it had previously deplored the fact that Mr Thach Saveth was arrested and sentenced for the premeditated murder of trade unionist Mr Ros Sovannareth in a trial characterized by the absence of full guarantees of due process necessary to effectively combat impunity for violence against trade unionists, the Committee expects that the Inter-Ministerial Commission for Special Investigations will thoroughly review the circumstances surrounding his trial so as to ensure that justice has been carried out and that he has been able to exercise his right to a full appeal before an impartial and independent judicial authority. It requests the Government to keep it informed of developments in this regard, including the outcome of the legal proceedings currently before the Court of Appeals and the outcome of the investigation by the Inter-Ministerial Commission for Special Investigations.
8. 100. With regard to the murder of Mr Hy Vuthy in 2007, the Committee notes the Government’s statement that the case is currently under the legal proceedings of the Phnom Penh Municipal Court, but that no order has been made to the Judicial Police to do a reinvestigation. The Committee once again urges the Government to keep it informed of any developments in this respect, including the outcome of the legal proceedings of the Phnom Penh Municipal Court and the outcome of the work by the Inter-Ministerial Commission for Special Investigations. It also requests the Government to provide information as to why no reinvestigation of the case has been ordered.
9. 101. Concerning Mr Chhouk Bandith, the former governor of Bavet City who had been sentenced to an 18-month jail term in relation to the shooting of three workers engaged in a strike, the Committee notes the information provided by the Government that he had, by February 2017, paid the compensation that had been ordered by the Supreme Court to the three workers shot and injured in 2012 and finished his jail term.
10. 102. With respect to the investigation of the assault of 13 trade union activists of the FTUWKC and of the FTUSGF (Lay Sophead, Pul Sopheak, Lay Chhamroeun, Chi Samon, Yeng Vann Nuth, Out Nun, Top Savy, Lem Samrith, Chey Rithy, Choy Chin, Lach Sambo, Yeon Khum and Sal Koem San) alleged by the ITUC in 2007, and the alleged dismissal of three trade union activists of the FTUWGGF (Lach Sambo, Yeom Khun and Sal Koem San), the Committee notes the Government’s statement that officials from the Department of Labour Disputes failed to meet with any of those workers although several visits were made to the relevant factories. The Committee notes the Government’s statement that it has tried to contact the representatives of the FTUWKC of those factories, in order to get the contact addresses of those workers, but that no response has been received. Recalling that the Committee has been raising the above matters since 2007, it expresses its concern over the lengthy delay and the lack of progress made in the investigation. The Committee must emphasize the importance of taking concrete and meaningful steps to investigate these matters without delay and urges the Government to keep it informed of the steps taken to resolve these long outstanding matters.
11. 103. The Committee must express its concern with continued delays and the lack of concrete results in this case. The Committee is bound once again to express the firm expectation that the Government will take swift action and will be able to report fully on the progress made by the Inter-Ministerial Commission concerning the reopened investigations into the murders of trade union leaders, as this shall have a significant impact on the impunity prevailing in the country and on the exercise of trade union rights of all workers. Lastly, the Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.