Chea Vichea
Encyclopedia
Chea Vichea was the leader of the Free Trade Union of Workers of the Kingdom of Cambodia
(FTUWKC) until his assassination on Chinese New Year
, 22 January 2004. Following his death, he was succeeded in his position at the FTUWKC by his younger brother Chea Mony.
Vichea was shot in the head and chest early in the morning while reading a newspaper
at a kiosk
in Daun Penh
district, Phnom Penh
. He had recently been dismissed by the INSM Garment Factory (located in the Chum Chao District of Phnom Penh) as a reprisal for helping to establish a trade union
at the company. He also had close affiliations with the opposition Sam Rainsy Party
.
The first, Born Samnang, was arrested in Prey Veng Province and transferred to Phnom Penh
overnight. He initially admitted to the killing but then publicly retracted, claiming to have been tortured into confessing. Multiple eyewitnesses have placed Born Samnang in a different part of the country at the time of the murder.
The second suspect, Sok Sam Oeun, has consistently denied any involvement and also has alibis placing him in a party with friends at the time of the murder.
The criminal investigation was done by Phnom Penh's Tuol Kork
district police and plagued by irregularities. Officers focused on threatening and rounding up those who provided alibis for the suspects, while witnesses were intimidated.'http://web.amnesty.org/library/index/ENGASA230082006
On 22 March 2004, the case's Investigating Judge
, Hing Thirith, threw out the charges against the two men, citing a lack of evidence against them and weak credibility of the police investigation http://licadho.org/articles/20060801/43/index.html. The next day, Hing Thirith was removed from his position at the Phnom Penh Municipal Court, and his decision to drop charges was subsequently overturned on 1 June 2004 by the Appeals Court
Presiding Judge Thou Mony http://www.camnet.com.kh/cambodia.daily/selected_features/cd-01-01-05.htm.
The trial took place more than a year after the murder while Born Samnang and Sok Sam Oeun remained in custody in Phnom Penh, despite a Cambodian legal limitation that no one be detained without trial for longer than six months. The case has been taken up by both national and international organisations, including Amnesty International
, Human Rights Watch
and ILO
.
Sok Sam Oeun and Born Samnang were judged guilty after a trial where no witnesses testified against the accused and no forensic evidence was brought to court. Both individuals were sentenced to 20 years in prison and ordered to pay $5,000 compensation each to the family of the victim.
Chea Vichea's family turned down the compensation, stating that they did not believe the two convicted were the real murderers.
Free Trade Union of Workers of the Kingdom of Cambodia
-External links:*...
(FTUWKC) until his assassination on Chinese New Year
Chinese New Year
Chinese New Year – often called Chinese Lunar New Year although it actually is lunisolar – is the most important of the traditional Chinese holidays. It is an all East and South-East-Asia celebration...
, 22 January 2004. Following his death, he was succeeded in his position at the FTUWKC by his younger brother Chea Mony.
Vichea was shot in the head and chest early in the morning while reading a newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
at a kiosk
Kiosk
Kiosk is a small, separated garden pavilion open on some or all sides. Kiosks were common in Persia, India, Pakistan, and in the Ottoman Empire from the 13th century onward...
in Daun Penh
Daun Penh
Daun Penh is a major district in Phnom Penh, Cambodia. Many major businesses in Phnom Penh like Sorya Shopping Center and Mokod Pich Jewelry Enterprise are located here. The district has an area of 7.44 km²...
district, Phnom Penh
Phnom Penh
Phnom Penh is the capital and largest city of Cambodia. Located on the banks of the Mekong River, Phnom Penh has been the national capital since the French colonized Cambodia, and has grown to become the nation's center of economic and industrial activities, as well as the center of security,...
. He had recently been dismissed by the INSM Garment Factory (located in the Chum Chao District of Phnom Penh) as a reprisal for helping to establish a trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
at the company. He also had close affiliations with the opposition Sam Rainsy Party
Sam Rainsy Party
The Sam Rainsy Party is a personalist and more or less liberal party in Cambodia. The party is a member of the Council of Asian Liberals and Democrats...
.
Investigation
A few days after Vichea's killing, and facing mounting criticism for their failure to act, Cambodian authorities arrested two men and charged them with the murder.The first, Born Samnang, was arrested in Prey Veng Province and transferred to Phnom Penh
Phnom Penh
Phnom Penh is the capital and largest city of Cambodia. Located on the banks of the Mekong River, Phnom Penh has been the national capital since the French colonized Cambodia, and has grown to become the nation's center of economic and industrial activities, as well as the center of security,...
overnight. He initially admitted to the killing but then publicly retracted, claiming to have been tortured into confessing. Multiple eyewitnesses have placed Born Samnang in a different part of the country at the time of the murder.
The second suspect, Sok Sam Oeun, has consistently denied any involvement and also has alibis placing him in a party with friends at the time of the murder.
The criminal investigation was done by Phnom Penh's Tuol Kork
Tuol Kork
Tuol Kork is a district in the city of Phnom Penh, Cambodia. Tuol Kork is well-known for the large villas in its northern part of the district. This district is subdivided into 10 Sangkats and 143 Kroms.Postal Code of Toul Kork District...
district police and plagued by irregularities. Officers focused on threatening and rounding up those who provided alibis for the suspects, while witnesses were intimidated.'http://web.amnesty.org/library/index/ENGASA230082006
On 22 March 2004, the case's Investigating Judge
Inquisitorial system
An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense...
, Hing Thirith, threw out the charges against the two men, citing a lack of evidence against them and weak credibility of the police investigation http://licadho.org/articles/20060801/43/index.html. The next day, Hing Thirith was removed from his position at the Phnom Penh Municipal Court, and his decision to drop charges was subsequently overturned on 1 June 2004 by the Appeals Court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
Presiding Judge Thou Mony http://www.camnet.com.kh/cambodia.daily/selected_features/cd-01-01-05.htm.
The trial took place more than a year after the murder while Born Samnang and Sok Sam Oeun remained in custody in Phnom Penh, despite a Cambodian legal limitation that no one be detained without trial for longer than six months. The case has been taken up by both national and international organisations, including Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
and ILO
International Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...
.
Trial
On 1 August 2005, the Phnom Penh Municipal Courts delivered a judgment which was highly criticized by both local and international organizations, who deemed it unfair and politically biased rather than based on independent and reasonable judgment.Sok Sam Oeun and Born Samnang were judged guilty after a trial where no witnesses testified against the accused and no forensic evidence was brought to court. Both individuals were sentenced to 20 years in prison and ordered to pay $5,000 compensation each to the family of the victim.
Chea Vichea's family turned down the compensation, stating that they did not believe the two convicted were the real murderers.
External links
- Human Rights Watch press release: Labor Leader’s Murder Fosters Fear
- Amnesty International report: The killing of trade unionist Chea Vichea
- CHRAC press release: CHRAC condemns assassination of Chea Vichea, January 22, 2004
- CHRAC press release: Unjust Verdict Issued by Phnom Penh Municipal Court in Chea Vichea Case, August 3, 2005
- Who Killed Chea Vichea?: Documentary film (2010)
- Chea Vichea: portrait of a man who put workers first (Ka-set.info, 2008)