SUPREME COURT RULING ON CHEA VICHEA CASE - A STEP

UNCLAS SECTION 01 OF 03 PHNOM PENH 000010 SENSITIVE SIPDIS STATE FOR EAP/MLS, DRL/IL - DOL FOR ILAB E.O. 12958: N/A TAGS: ELAB ECON PGOV PHUM CB SUBJECT: SUPREME COURT RULING ON CHEA VICHEA CASE - A STEP FORWARD, OR SIMPLY GOOD TIMING? REF: A. 2007 PHNOM PENH 586 ¶B. 2006 PHNOM PENH 1404 AND PREVIOUS SENSITVE BUT UNCLASSIFIED ¶1. (SBU) SUMMARY: In a surprising turn of events on the final day of 2008, Cambodia,s Supreme Court ruled against the controversial April 2007 Appeals Court decision to uphold the original convictions of two individuals in the murder of popular labor leader and opposition party supporter, Chea Vichea. The announcement releasing the defendants on bail and returning the case to the Appeals Court was met with tears of joy and applause, as well as shock that a judicial system plagued with corruption and controversy made what many felt was the correct decision in a highly politicized case. This ruling by the highest court in Cambodia leaves many wondering if a new era of judicial reform is forthcoming, or if it was merely the right case at the right time. END SUMMARY. BACKGROUND -------------- ¶2. (SBU) On the quiet morning of January 22, 2004, well-known trade union leader Chea Vichea was gunned down in an assassination-style killing at a news-stand not far from the previous U.S. Embassy in downtown Phnom Penh. Chea Vichea, President of the Free Trade Union (FTU) and staunch supporter of workers rights as well as one of the founding members of the main opposition party, had received several death threats in the years and months preceding his murder. Under intense pressure from human rights organizations and diplomatic missions to find and bring the perpetrators of the murder to justice, the Cambodian Police, headed at the time by Hok Lundy and former Phnom Penh police chief, Heng Pov, quickly announced they had arrested two suspects. Born Samnang confessed to the murder, but almost immediately recanted stating police beat, coerced and bribed him in order to elicit the confession. Sok Sam Oeun has claimed innocence since his arrest. Both men had alibis at the time of the murder. ¶3. (SBU) Born Samnang and Sok Sam Oeun spent 1799 days in jail after being arrested one week after the murder of Chea Vichea. They were sentenced to 20 years in prison in 2005. Both the police and court investigations into the case were marred by allegations of procedural flaws and legal violations. The case was originally dismissed due to lack of �0A;evidence by Judge Heng Thirith, who said in his decision that he had been subject to political pressure to convict the two men. However, that decision was immediately revoked and the judge removed from his position and transferred to a remote area of Cambodia. After reversing the ruling, the Appeals Court returned the case to the Phnom Penh court for further investigation. In the subsequent trial, the two were convicted. In April 2007, Cambodia,s Appeal Court upheld the convictions. Local and international human rights and labor organizations, including Human Rights Watch, Amnesty International, and the International Confederation of Free Trade Unions, criticized the decisions and have worked to keep the spotlight on this case, issuing statements up to the day of the trial which called for its dismissal due to irregularities in the police investigation and "deeply flawed court proceedings" in the subsequent trial. Moreover, the UN High Commissioner for Human Rights submitted a detailed brief to the Supreme Court in June describing a series of "fundamental breaches of international human rights law committed by the lower instance court." FREEDOM - FOR NOW -------------- ¶4. (SBU) On December 31, a Supreme Court panel of five judges which included Cambodia,s Supreme Court President Dith Munty, ordered the provisional release of Born Samnang and Sok Sam Oeun and remanded the case to the Court of Appeals for reinvestigation and retrial. After questioning the defendants at length and hearing from lawyers and prosecutors, the Supreme Court panel deliberated for approximately one hour before returning a verdict which rejected the previous Appeals Court decision on both legal and evidentiary grounds. Dith Munty cited insufficient evidence and gaps in procedures, and relied on the constitution and new penal code as grounds for the decision. Many of the approximately 100 spectators, which included family members, civil society, labor unions and representatives from the embassies of the United States, PHNOM PENH 00000010 002 OF 003 Sweden, France, United Kingdom, Germany and the European Union, broke into applause when the verdict was read. A crowd of supporters, which included the current president of FTU and brother of Chea Vichea, Chea Mony, waited outside the prison until the release of Born Samnang and Sok Sam Oeun that same evening. BUT WHAT DOES ALL IT MEAN? -------------- ¶5. (SBU) Many followers of this case, which had become a symbol of the inefficiency and impunity of the Cambodian law enforcement and legal system, were not overly optimistic leading up to the Supreme Court hearing. The German First Secretary stated it would be a "show for the audience,s benefit, but with the same result" as the earlier hearings. The President of a local NGO who provided assistance to the accused and became close with the families also assumed the verdict would be upheld, with the only recourse being a pardon from the King. Chea Mony, who denounced the convictions, boycotted the proceedings, stating he had lost faith in a judicial system which is "corrupt, unjust, political and not independent." The executive director of the Cambodian Defenders Project (CDP),whose lawyers defended the accused, admitted he was stunned at the verdict because he had "never trusted the independence of the Supreme Court." ¶6. (SBU) Such statements are not surprising given the wide belief in Cambodia that judges are up for sale and verdicts can be easily manipulated to suit those with power and money. Cambodia consistently ranks among the world,s most corrupt countries in Transparency International,s Corruption Perception Index. A recent survey conducted by Pact Cambodia showed that Cambodians view the judiciary and the police as being the most corrupt institutions in the country, with 72 percent stating they paid a bribe to receive a public service in 2007. The internationally funded Khmer Rouge Tribunal, which was intended to be a model court, also has encountered allegations of corruption. The International Labor Organization,s most recent Freedom of Association Report detailed a direct contacts mission finding of a "lack of an effective and impartial judiciary" in Cambodia which is "subject to political interference and has been unable to exercise its functions in an impartial and independent manner." ¶7. (SBU) Such a major ruling by the highest court in the land, therefore, could be seen as a sign that the government recognizes the problem and is working to change it. The president of the Cambodian Independent Teachers Association and close friend of Chea Vichea felt the decision was "a new turning point in the court system in Cambodia." He further expressed his optimism that "impunity will be eliminated in the future by the correct implementation of the law." According to Sok Sam Oeun from CDP (no relation to the defendant),the fact that Justice Dith Munty, who is a member of the ruling party,s steering committee, presided over the Chea Vichea case (he rarely takes criminal cases) may indicate there is room for some optimism regarding the future of Cambodia,s judicial system. Mr. Oeun stated that by taking a stand on this case, Dith Munty has shown lower courts and fellow judges that the government intends to reform the judiciary. Mr. Hong Kimsuon, lawyer to the defendant Sok Sam Oeun, also stated that by making the judgment to reverse the Appeals Court,s questionable decision, the Supreme Court has demonstrated to the lower courts that they can be independent and "should be careful with unjust decisions and work for the interest of the nation and common citizens." ¶8. (SBU) However, Mr. Kimsuon further explained that demands from the international community most likely played an integral part in pressuring the government to release Born Samnang and Sok Sam Ouen. In addition to calls from NGO,s to reform the judiciary and release the accused, the lack of an independent court has been raised in several high level meetings by U.S. embassy staff and visiting diplomats. In early 2008, FBI director Mueller raised the Chea Vichea case during a meeting with Prime Minister Hun Sen, offering to facilitate the interviewing of a witness who had received refugee status in the U.S. ¶9. (SBU) Along with international pressure came the void of contrary local political pressure afforded due to the death and detention of the major police figures involved in the initial investigation. National Police Chief Hok Lundy was killed in a helicopter crash in November 2008. Former Phnom PHNOM PENH 00000010 003 OF 003 Penh Police Chief Heng Pov, who led the murder investigation, is in prison for several crimes, including murder, kidnapping, and extortion. His deputy, Ly Rasy, is in prison on charges of assassinating a judge, killing a woman during interrogation, and attempted murder. Another police officer involved in the case, Hun Song, is also in prison for his involvement in the kidnapping and extortion of a Korean businessman. According to the President of a local human rights NGO and the CDP lawyers, this group of officials had been seen as both powerful and brutal and their collective reversals of fortune may have paved the way for the Supreme Court to reverse past injustices albeit only after receiving a "green light" from the government. COMMENT -------------- ¶10. (SBU) This is a case the embassy has been closely following for almost five years, and while the verdict is welcome news, the reasons behind it remain unclear. International political pressure or prior authorization from the government to repeal the conviction both point to a justice system which is still heavily influenced by higher political powers. However, alongside this cynicism must come at least a twinkle of optimism. Any step forward by the highest branch of the judicial system to promote justice may have a trickledown effect and is certainly a step in the right direction. CAMBPBELL