24 September 2013 – Bangkok and Phnom Penh - In December 2008 the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the International Labour Organization (ILO) welcomed the decision of the Supreme Court of Cambodia to release on bail Born Samnang and Sok Sam Oeun whom a trial court had convicted of the murder of the trade union leader, Chea Vichea. After more than three years of further investigations, the Court of Appeal heard the case again in November 2012. Despite the fact that limited new evidence was presented in court, Born Samnang and Sok Sam Oeun were again found guilty of the murder and sentenced to twenty years imprisonment. Once again, they appealed against their conviction.
During the 102th Session of the International Labour Conference held in June 2013 in Geneva, the ILO's Committee on the Application of Standards regretted that despite the remand of the Chea Vichea case to the trial court, full, independent and impartial investigations had not been carried out into his assassination and those persons previously convicted had been returned to prison without any new evidence being produced.
The Supreme Court is scheduled to hear the case of both men for the second and last time on 25 September 2013, after which no further appeal will be possible. The Supreme Court will have the opportunity to either confirm their sentence or, recognizing the lack of sufficient evidence to prove guilt, let the rule of law prevail by acquitting and releasing Born Samnang and Sok Sam Oeun.
The ILO Country Office for Thailand, Cambodia and Lao People's Democratic Republic and the OHCHR reiterate that impunity must be combatted through full and impartial investigations. Only such an investigation can ensure that those actually responsible for this murder do not remain unpunished.