Informe provisional - Informe núm. 400, Octubre 2022

1. 206. 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–November 2021 meeting where it issued an interim report, approved by the Governing Body at its 343rd Session [see 396th Report, paras 158–172]. 
2. 207. The Government sent its latest observations in a communication dated 20 May 2022.
3. 208. 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. 209. In its previous examination of the case, the Committee made the following recommendations [see 396th Report, para. 172]:
   • (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.

B. The Government’s reply

1. 210. In a communication dated 20 May 2022, the Government indicates that the reinvestigation on the murder of trade union leader Chea Vichea is presently under the authority of the Phnom Penh Police. The investigation could not be completed in a timely manner due to its complexity compounded by the fact that it took place nearly two decades ago. The police are making its utmost effort to make progress which requires the close collaboration from the families of the victim and all parties concerned.
2. 211. Regarding the case of the murder of trade union leader Ros Sovannareth, the Government reiterates that the Court of Appeals issued on 14 July 2019 a verdict sentencing Mr Thach Saveth to 15 years of imprisonment for the premediated murder.
3. 212. The Government indicates, with regard to the murder of trade union leader Hy Vuthy, that the Phnom Penh Court of First Instance sentenced Chan Sophonn and Phal Vannak in absentia to 18 years imprisonment and issued arrest warrants in 2017. However, since Chan Sophonn was arrested and released by a judgment of the Court in February 2014, only Phal Vannak is presently under an arrest warrant.

C. The Committee’s conclusions

1. 213. 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. 214. The Committee takes note from the succinct report of the Government the following information: (i) the reinvestigation on the murder of Chea Vichea is still under the authority of the Phnom Penh Police. The investigation could not be completed in a timely manner due to its complexity compounded by the fact that it took place nearly two decades ago; (ii) in the case of the murder of Ros Sovannareth, the Court of Appeals issued on 14 July 2019 a verdict sentencing Mr Thach Saveth to 15 years of imprisonment for the premediated murder; and (iii) with regard to the murder of Hy Vuthy, the Phnom Penh Court of First Instance sentenced Phal Vannak in absentia to 18 years imprisonment and issued an arrest warrant in 2017.
3. 215. Therefore, the Committee is compelled, once again, to express its deep concern over the lack of progress of the criminal investigation into the murder of Chea Vichea. The Committee expresses the firm hope that the appointment of the Phnom Penh Police to chair the committee investigating the murder will revitalize the investigation and bring it to a conclusion. The Committee recalls the need to bring to justice the perpetrators and the instigators of this crime in order to send an important message that any acts of violence against trade unionists will be punished and to prevent their recurrence. The absence of proper investigation or concrete decision from the authorities would create a situation of impunity, which may reinforce the atmosphere of mistrust and insecurity, prejudicial to the exercise of trade union activities. Consequently, 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 keep the Committee duly informed of any concrete action in this regard.
4. 216. In the case of the murder of Hy Vuthy, the Committee recalls that until its most recent report, the Government has maintained that the suspect – Chan Sophonn – who was arrested in September 2013 in accordance with an arrest warrant issued by the Phnom Penh Municipal Court, was released in February 2014, and that the case was under the legal proceedings of the Phnom Penh Municipal Court with no order made to the Judicial Police to do a reinvestigation. While it notes from the latest information provided by the Government that the Phnom Penh Court of First Instance had actually sentenced Phal Vannak in absentia to 18 years’ imprisonment and issued an arrest warrant in 2017, the Committee regrets that such information was provided by the Government five years after the investigation and sentencing. It therefore requests the Government to provide a copy of both the Court of First Instance decision and the court decision releasing Chan Sophonn in order 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 urges the Government to provide any further information available about the investigation into the circumstances of the murder of Hy Vuthy and its outcome which led to the conviction of Phal Vannak. The Committee also requests the Government to provide any further information in relation to the situation of Phal Vannak.
5. 217. In the case of the murder of Ros Sovannareth, the Committee recalls, once again, 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 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. Previously, while noting the Government’s indication that the Court of Appeals issued on 14 July 2019 a verdict in absentia sentencing Thach Saveth to 15 years of imprisonment for premediated murder, the Committee urged the Government to provide a copy of the court decision and to indicate any developments, including any appeal filed against it. In the absence of information from the Government, the Committee is bound to, once again, urge 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 to the Committee details on its outcome.
6. 218. Additionally, with regard to the allegations that Born Samnang and Sok Sam Oeun – who were wrongfully convicted for Chea Vichea’s murder and definitely acquitted in September 2013 – were tortured and ill-treated by the police while in detention, the Committee recalls that it previously urged the Government to ensure that an investigation into these allegations is thoroughly undertaken, under the monitoring of the National Commission on Reviewing the Application of International Labour Conventions Ratified by Cambodia (NCRILC). It further requested the Government to indicate the outcome of such 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 firm expectation that the Government will provide information on tangible results in this regard.
7. 219. In conclusion, while recalling that it had noted back in 2018 the Government’s indication that the NCRILC endorsed a road map on the implementation of the ILO’s recommendations concerning freedom of association with time-bound actions aimed at providing conclusions to the pending investigations of the murder cases, the Committee must again express its deep concern over the lack of efforts on the part of the Government to bring the requested investigations to a conclusion in a transparent and impartial manner, and to report satisfactorily to the Committee. The Committee must again express its firm expectation that the Government will take meaningful action in this regard and emphasizes the importance that it fully uncover the underlying facts and circumstances of these murders of trade union leaders, identify those responsible and punish the guilty parties, as this necessarily has an impact on the social climate and the exercise of freedom of association rights of all workers in the country.
8. 220. Consequently, the Committee must once again draw the Governing Body’s attention to the extremely serious and urgent nature of this case.