Informe provisional - Informe núm. 337, Junio 2005

264. The complaint is contained in communications dated 22 January, 11 May and 26 October 2004, 12 January and 11 February 2005 from the International Confederation of Free Trade Unions (ICFTU).

1. 265. The Government sent its observations in communications dated 11 May and 2 June 2004.
2. 266. 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. The complainant’s allegations

1. 267. In its communication dated 22 January 2004, the International Confederation of Free Trade Unions (ICFTU) reported the murder of Chea Vichea, President of the Free Trade Union of the Workers of the Kingdom of Cambodia (FTUWKC). Chea Vichea was reportedly shot two or three times, while reading a newspaper at a roadside news-stand in Phnom Penh. According to the owner of that news-stand, there were two assailants, one of whom was waiting on a motorbike; the other one walked up to Chea Vichea and shot him at close range, after which both individuals fled on the motorbike.
2. 268. Chea Vichea died on the spot. It was reported that trade unionists who came quickly to the area protested at police officials when they attempted to remove his body in order to arrange for the victim’s immediate cremation. The body was then reportedly transferred, firstly to a pagoda, then to the FTUWKC headquarters.
3. 269. The ICFTU indicated that Chea Vichea had received several death threats, in particular on or around 27 July 2003, when national elections were held in the country. The ICFTU was investigating the nature and origins of this specific death threat, which was sent to him by way of a text message on his cell phone and reportedly stated that he should be “killed like a dog”. The ICFTU had been reliably informed that Vichea had succeeded in identifying the origin of this threat, as a result of which he had gone into hiding a number of times. He had also reportedly been denied police protection in connection with this threat.
4. 270. The ICFTU explained that Vichea had won a court case in September 2003 against the head of security at the “Vinstar” garment factory, who had physically attacked him when he was distributing leaflets inviting workers to a rally celebrating Labour Day on 1 May of that year. The defendant had not attended the initial trial and had thus been sentenced in absentia. During the retrial, said company official had been sentenced to two months’ imprisonment and to a fine amounting to the equivalent of approximately US$250. The ICFTU had not been able to ascertain the exact name of the defendant.
5. 271. The ICFTU recalled that Chea Vichea’s organization had in April 2003 lodged a complaint with the Committee, in which it indicated that Chea Vichea, as well as the General Secretary and 30 other members of the FTUWKC, had been dismissed by the INSM Garment Factory, as reprisal for helping to establish a trade union organization. The ICFTU stated that it had no elements to draw any conclusion at that stage as to any link that may or may not exist between said complaint and Chea Vichea’s murder.
6. 272. In a communication dated 11 May 2004, the ICFTU reported the murder, on 7 May 2004, of Ros Sovannareth, President of the Trinonga Komara garment factory union and a steering committee member of the FTUWKC. He was reportedly shot two times by two assailants who suddenly emerged behind him on a motorbike, while he was returning home from the Trinonga Komara factory. Ros Sovannareth died in hospital shortly afterwards. This murder of a trade union leader was the second one in less than four months, after Chea Vichea, the former President of the FTUWKC.
7. 273. Although local authorities and police reportedly claim that personal revenge or inter-union rivalry might be the motive behind the murder of Ros Sovannareth, the ICFTU stated that it had very strong reasons to believe that he was killed because of his union activities.
8. 274. In another communication dated 26 October 2004, the ICFTU submitted additional information not available at the time the complaint was lodged.
9. The context of the murder of Chea Vichea
10. 275. After the National Assembly elections of 27 July 2003 in Cambodia, FUNCINPEC, the royalist party led by Prince Norodom Ranariddh, chose to go into opposition and formed an alliance with the opposition party, Sam Rainsy Party (SRP) called “Alliance of Democrats”. However, after a year of political stalemate the then acting Prime Minister Hun Sen was reappointed by Parliament in July 2004 after Cambodia People’s Party (CPP) and FUNCINPEC agreed to form a coalition.
11. 276. The complainant explained that there was a climate of intimidation both before and after the elections and several political opponents of the ruling party CPP were assassinated. The ICFTU noted that a number of political killings had taken place before and after the killing of Chea Vichea on 22 January 2004. The killings included the October 2003 killing of a radio journalist and the shooting of a popular singer, both of whom were members of FUNCINPEC. A judge and a court clerk were killed in April 2003, a senior adviser to Norodom Ranariddh was murdered in January 2003, and 13 political party activists were killed in the run-up to the July 2003 elections. Furthermore, at least another three members of the opposition party, SRP, had been murdered during the first weeks of 2004. Chea Vichea had been closely linked to SRP and had been opposed to the CPP. Observers noted that CPP dignitaries did not attend his funeral, though it was attended by many other political leaders and trade union representatives.
12. 277. Even though Chea Vichea was a strong and vocal supporter of the SRP, he was also widely known, both in Cambodia and at the international level, for defending trade union rights and other human rights. In the direct aftermath of his death, the leader of SRP, Sam Rainsy, said that the deceased had done many things to upset the leaders of the country, and that he could not tell if there had been a political motive behind the killing. Some observers found that it was unlikely that the killing was directly political, given the fact that Chea Vichea, though politically active, was not an influential politician, and they believed that he would do more damage to the CPP dead than alive.
13. 278. The ICFTU recalled that as a result of his trade union activities Chea Vichea had found himself at odds with garment factory managers and/or owners and authorities on many occasions. Many owners of the country’s fast-growing textile industry had strongly opposed his union-organizing efforts. His death was very likely to have a detrimental effect on Cambodia’s workers’ attempts to organize independently of employers and public authorities and therefore the ICFTU considered that it was highly likely that his death was linked to his trade union activities. The murder of trade union leader Ros Savannareth, less than four months after Chea Vichea was murdered, supports the complainant in this belief.
14. 279. The complainant explained that Chea Vichea was not the only trade unionist being targeted. Mention was made of several reports of cases involving trade union rights violations. For example, more than 100 garment factory workers were injured on 29 January 2004, when police tried to disperse 2,000 striking workers at a peaceful strike at the MSI Garment (Cambodia) Ltd. Factory in Phnom Penh’s Dangkao district. According to the President of the National Independent Federation of Textile Union of Kampuchea (NIFTUK), riot units from the intervention police fired bullets into the air and used batons to beat the strikers. A 24 year-old striker was knocked unconscious by police who subsequently detained him. He was later released after promising not to incite workers to strike. The MSI factory workers had been on strike from 25 January to demand that management reinstate the union’s 24 year-old secretary-general, who had been suspended after being accused of stealing money from the factory. The President of the NIFTUK had filed a complaint with the municipal court. The Dangkao district deputy Police Chief Urn Uk denied that police had beaten strikers. He claimed that the police had only prevented workers from burning tires, because the fire could spread to houses situated near the factory.
15. 280. Another more recent example of police violence against strikers reportedly took place in Sihanoukville in October 2004. Over 1,700 workers from Ruy Yun garment factory were striking to demand the reinstatement of 41 workers for at least four days. Reportedly, the police clashed with strikers and used water hoses against them. On 7 October, a Cambodian newspaper reported that according to Chea Money, the current President of the FTUWKC and Chea Vichea’s brother, the factory owner broke his promise to reinstate the 41 workers who had been sacked unexpectedly. The Sihanoukville governor was reportedly concerned about the dismissals and had demanded a full inquiry into the events.
16. 281. Furthermore, the Cambodian Independent Teachers’ Association (CITA) reported to the ICFTU that on two occasions police officers prevented CITA from holding seminars.
17. 282. Moreover, the ICFTU indicated that it had received many reports of threats to trade unionists, harassment, physical assault and murder. The many incidents before and after the murder of Chea Vichea strengthened the complainant in its belief that he was murdered because of his trade union activities. Meanwhile the Government had not done enough to protect union leaders from threats, intimidation and other hostile acts by employers and government officials.
18. 283. As already referred to above, on 26 July, on the eve of Cambodia’s national elections of 27 July 2003, Chea Vichea received a death threat by way of a text message (“SMS”) on his mobile phone. The message was in English and reportedly read: “A dog I will kill you”. After receiving the death threats, Chea Vichea went to the police to identify the source of the threat and ask for police protection. After a quick investigation, however, the police officer told him that he had better leave the country, because a high-ranking government official wanted him killed. Slightly different versions of the police officer’s warning have been reported to the ICFTU. Some claimed that the police officer tracked the phone number and that it was attributed to a high-ranking government official and some claimed that the threats came from a high-ranking police officer at the Ministry of the Interior.
19. 284. Opposition politician Sam Rainsy claimed that it was Prime Minister Hun Sen who wanted Chea Vichea dead. He claimed to have given the prosecutor of Phnom Penh Municipal Court a video tape of an interview in which Chea Vichea allegedly told an American journalist that he had understood that the top-ranking government official who wanted him killed was Prime Minister Hun Sen. Allegedly, he was one of five persons figuring on what was rumoured to be a blacklist of people that Prime Minister Hun Sen wanted dead. Chea Vichea who had been followed on some occasions, took the death threat very seriously and went into hiding several times between 28 July and December 2003.
20. 285. It was not until after the murder of Chea Vichea that the police publicly detained a suspect in the case concerning the death threat. On Tuesday, 27 January 2004, the police detained Men Vatana, aged 44, who according to them had sent the text message from his mobile phone. On the morning of 30 January, police presented him to reporters and he confessed to having sent the death threat in a text message in July. Police said they had found the mobile phone from which the message was sent in his house.
21. 286. Vatana, who claimed to be a long-standing SRP member, stated that he was asked to send the text message by SRP General Secretary, Eng Chhay Eang, without being told why he had to threaten Chea Vichea. Eng Chhay Eang had reportedly provided him with the text in English and he had been paid US$100 to send the message. Men Vatana was also shown on a Cambodian People’s Party-supported television station where he reportedly repeated the above story and presented his SRP membership card.
22. 287. The SRP denied Men Vatana’s story. According to them, Eng Chhay Eang had been campaigning in Barambang Province on the days on which Vatana claimed to have met him in SRP headquarters, as he had been campaigning in the provinces during the whole month of July; moreover he could not speak or write English.
23. 288. A Cambodian newspaper reported on 31 January that the police had found Vatana’s membership cards for the Khmer Nation Party (the forerunner of the SRP), the SRP, FUNCINPEC “and many others”. Furthermore, it was reported that Men Vatana had made a phone call to Eng Chhay Eang, asking him “and what do you think now that you ordered me to threaten Chea Vichea?”. Eng Chhay Eang reportedly believed this call was being recorded by the police in order to link him to the murder.
24. 289. Another Cambodian newspaper included in its headline of the story the information that Vatana was “suspected to be mentally ill”, but this possibility seemed not to have been seriously pursued by anyone else. Yet another Cambodian newspaper tried to dial that number on 26 January. They received a message that no incoming calls could be received, a function they report is commonly used by public phone booths. Furthermore the FTUWKC claimed in January, that the police itself had already charged another man for sending the threatening text message.
25. 290. The complainant also laid the emphasis on different elements concerning the death threat received in July 2003, which seemed to be contradictory. For instance, a lot of factors seemed to contradict Men Vatana’s confession of having sent the death threats. Therefore the ICFTU believed that the circumstances surrounding the death threat needed to be clarified, as there could be a link between the person behind the death threat and Chea Vichea’s murder. Furthermore, Cambodian trade unionists have expressed doubts about Men Vatana’s guilt.
26. 291. Following the shooting, witnesses reported that the authorities wanted to take Chea Vichea’s body away and cremate it immediately. They were, however, stopped by trade unionists and family members who wanted a thorough investigation to be carried out on the crime scene, before his body was taken away. Despite the protests, police loaded his body in the trunk of a police car at 10 a.m. and drove him to Wat Preah Puch Pagoda, 3 km away. According to a witness who did not want to be named, Chea Vichea’s friends, trade unionists and relatives were afraid that the fire in the Pagoda already burning for another cremation would be used for Vichea too. Chea Money, Vichea’s younger brother and CITA official, and other family members managed to arrange for his body to be brought to the headquarters of the FTUWKC.
27. 292. Following the death of Chea Vichea, the complainant indicated that police arrested the suspects called Sok Sam Oeun, 36 and Born Samnang, 23. Police arrested Born Samnang on Tuesday 27 January at his girlfriend’s house in Prey Veng Province near the Neak Leoung ferry crossing. The police said that his confession had led to the capture of Sok Sam Oeun, who was arrested on 28 January along with three other men. However, they were released on 29 January after more than 24 hours in detention. According to one of those arrested, they had not been interrogated or given any explanation whatsoever. Two of them were bodyguards of a former FUNCINPEC colonel of the Royal Cambodian Armed Forces, Suong Sopul, and were arrested at his house in Tuol Kork. The third was the son of Colonel Suong Sopul, Suong Sokha. He and Sok Sam Oeun were reportedly friends and Sok Sam Oeun had lived in his house.
28. 293. The arrest came after the police had released a sketch of a suspect. However, at first it remained unclear if one of the people arrested was identical to the suspect on the sketch. Later it was reported that the sketch matched Born Samnang. According to the police Born Samnang had fired the shots and Sok Sam Oeun had driven the motorbike on which they fled from the crime scene. Sok Sam Oeun and Born Samnang were presented to the press on Thursday, 29 January. They were handcuffed and had black bags pulled over their heads when they were brought in. As soon as the bags were pulled off their heads they both cried out loudly that they were innocent and that it was a set-up. They also claimed that they had been beaten into signing confessions. Oeun also claimed that he had not known Samnang prior to his arrest.
29. 294. However, on Friday, 30 January 2004, Born Samnang confessed to having fired the shots. He said that he knew that a confession could reduce his penalty. He was also reported to have said that he had not admitted the killing at first because Sok Sam Oeun had threatened that Born Samnang’s parents and siblings would be in danger if he confessed. He claimed that the killing was ordered by a Mr. Chith, who had first approached Sok Sam Oeun, whom he knew personally and offered US$5,000 for the job. Afterwards Sok Sam Oeun had asked Born Samnang if he was interested in the job. They had already received US$1,500 that they split between them. Born Samnang is also reported to have said that he killed Vichea because he was desperate and needed the money. He also said that he had never met the man who paid for the killing and just knew him by the name Chith. Sok Sam Oeun has consistently denied the charges. He claimed that he had never heard of Chea Vichea before and that he did not know Born Samnang.
30. 295. On 30 January Phnom Penh Police Chief, Heng Peou, reported that police had confiscated a loaded pistol, K54 bullets, handcuffs and four holsters from the two suspects. The police also said that Born Samnang had led them to their hiding place after he confessed. The police said that they were still looking for the person who had solicited the killing. On 31 January, Born Samnang withdrew his statement from the day before, again saying that he had been beaten and forced to confess and to put his fingerprint on a five- or six-page document.
31. 296. On 19 March the investigating judge in the case, Mr. Hing Thirith, ordered that the case be dismissed for lack of evidence. The following day, Prosecutor Khut Sokheng challenged Thirith’s decision, and sent the case to the Appeals Court. Shortly afterwards, the Supreme Council of Magistracy, which holds constitutional responsibility for appointing and disciplining judicial officers, reportedly removed the investigating judge from his position at the Phnom Penh Municipal Court for unspecified judicial mistakes. It also ordered that he be transferred to the remote province of Stung Treng.
32. 297. The case was then heard before the Court of Appeal on 1 July 2004. Both men denied the charges when they appeared before court. Born Samnang said he had been gathering fruit at the time Chea Vichea was shot dead in Phnom Penh on 22 January. He said he had been arrested without a warrant and that he had not been given any explanation when he and his girlfriend were taken to the Tuol Kok district police headquarters. He told the court that Tuol Kok district police beat him and forced him to thumbprint a confession that he was not allowed to read. He said that he had been threatened and that the police had beaten him whilst he was handcuffed, and one police officer had kicked him several times in the hand. Therefore, after having denied being the perpetrator on the first day, he had confessed to the murder the next day. He also told the court that once he had confessed, the police provided him with money, cigarettes and the company of a woman at the prison. Reportedly, he produced a US$100 note from the pocket of his blue prison uniform, and said that the day before the court hearing the Tuol Kok Deputy District Police Chief, Hun Song, had told him that he had to stick to his confession and then he would be rewarded with more money when he left court. No police were at the court on Thursday, 1 July for cross-examination. Later however, Police Chief Hun Song denied Born Samnang’s allegations and stated that Born Samnang had confessed voluntarily.
33. 298. No new evidence was presented, but Judge Thuong Mony overturned Municipal Court Judge Hing Thirith’s decision of 19 March to drop the charges against the two suspects because of lack of evidence and ruled that the two defendants should be returned to jail. He also ruled that the case be remitted to Phnom Penh Municipal Court for further investigation “in order to find more clear evidence to prove the suspects’ guilt”.
34. 299. The complainant indicated that many witnesses to the murder or persons that could provide alibis for the suspects had been intimidated and threatened. On 30 January, the media reported that the owner of the news-stand where Chea Vichea was shot dead, 36 year-old Va Sothy told reporters earlier that week that she feared for her life and had asked human rights groups and United Nations staff for protection. She had denied seeing the faces of the two men who killed Chea Vichea.
35. 300. In the Cambodian Center for Human Rights’ review of the court hearing it was reported that Born Samnang’s girlfriend and her mother had been taken away by police on the day that their testimonies in Born Samnang’s favour became known. The police denied that they had been taken away and the deputy police chief dismissed their alibis and said that Samnang’s confession proved his guilt.
36. 301. At the beginning of February relatives and friends of Born Samnang provided him with an alibi. The Cambodian Human Rights Action Committee (CHRAC) cited numerous people, who testified that Born Samnang was at their Prey Veng Province village when Chea Vichea was shot. Reportedly three persons, who had informed human rights investigators and reporters of alibis for the detained suspects, were later arrested in June and July. CHRAC also said it had received complaints from people who claimed to have been threatened after “they reported the truth.” Many called for the release of the suspects in light of the testimonies and the lack of evidence. By 31 January 2004, the investigation had already been denounced as a show by several human rights defenders, including Kern Sokha, Head of the Cambodian Center for Human Rights. Many also called for international assistance in ensuring proper judicial process.
37. 302. Chea Money, Vichea’s brother, did not believe that the two suspects were the real killers. He filed a complaint against the Court of Appeal’s decision, which stopped the trial from continuing, but on 13 September he decided to withdraw his complaint because he did not think it would have any effect. The Court of Appeal’s decision to remit the case to the Municipal Court would therefore stand.
38. 303. The fact that it was difficult to assess who had killed Chea Vichea and why led many to believe that the truth about his murder has not been uncovered. Many rumours circulated as a result. According to one rumour, the assassins were Vietnamese who returned to Viet Nam immediately after having committed the murder. Allegedly, the perpetrators belong to a death squad similar to the one that gunned down a popular singer, killed in October 2003. This rumour is based on a perception by some that the CPP uses either petty Cambodian killers – who will be killed themselves once the job is done, in order to leave no witnesses – or Vietnamese professional agents, who will never be found once they have returned to Viet Nam after fulfilling a mission in Cambodia, to do dirty jobs such as assassinations.
39. 304. Based on the same presumption that the CPP resorts to death squads in order to assassinate opponents, and afterwards kill the perpetrators to prevent any investigation, some believed that the gunmen could have been eliminated at Hun Sen’s house in Phnom Penh on 7 February. On that date two of the Prime Minister’s bodyguards were mysteriously killed, their bodies immediately cremated, and the police were “not allowed to make a report” according to a newspaper dated 10 February.
40. 305. Finally, a rumour was reported that the killing of Chea Vichea was part of a plan conceived by the CPP to ultimately target SRP and FUNCINPEC leaders – the ultimate targets being SRP Secretary-General, Eng Chhay Eang, SRP President, Sam Rainsy, and FUNCINPEC Secretary-General, Norodom Sirivudh, by implicating them in the killing of Chea Vichea. Allegedly, Sok Sam Oeun and Born Samnang, were soldiers or former soldiers linked to FUNCINPEC, and they were forced to make false confessions. Purportedly the sketch of Born Samnang, the suspect who allegedly pulled the trigger, had been prepared by the police before Chea Vichea’s death. The arrest of Men Vatana was part of this plan, which would allow Hun Sen’s CPP to kill several birds with one stone, i.e. Chea Vichea, Eng Chhay Eng, Sam Rainsy and Norodom Sirivudh.
41. 306. The complainant recalled that Cambodia’s judicial system had been widely condemned for its lack of independence, low levels of competence, and corruption. Independent observers found that instead of playing balance-of-power roles, the judiciary and Parliament were firmly under government and party control. Whenever a judge does not comply with government policy, he or she is removed from office. The ICFTU stated that the court proceedings on Chea Vichea’s murder supported the allegations of the judicial system’s shortcomings. It clearly called into question the impartiality of the court proceedings that witnesses, who back in February had testified to journalists that the suspects were elsewhere at the time of the murder, were not heard by the Court of Appeal in July and the fact that the municipal court judge was removed from office after dismissing the case.
42. 307. The reason for the Tuol Kok District Police Department’s involvement in the case was also unclear, as the murder took place at a news-stand near the Independence Monument in the Chamkar Mon district, two different areas of the capital, Phnom Penh. The whole investigation and the court proceedings clearly seemed to be flawed and it did not suggest any real intent to find the actual perpetrators. Furthermore, the complete absence of further investigation into the fact that the murder was a contract killing seemed conspicuous. The lack of investigation into this aspect of the murder could suggest that the person who ordered the murder was indeed a high-ranking government or police officer and that this person enjoys high-level protection and, hence, complete impunity.
43. 308. According to some sources mentioned by the complainant, hundreds of union leaders had been beaten, fired, or threatened by employers and hired thugs over the last few years. The sources claimed that there was a consistent government policy of breaking activist unions and intimidating union leaders in the garment factories, hotels and casinos and schools.
44. 309. The murder of Chea Vichea put additional pressure on other trade unionists, whose safety had been further compromised. The fact that the perpetrators had not been brought to justice created an atmosphere of impunity and created fear among trade unionists. As a consequence, even more trade unionists were being targeted.
45. 310. On 25 February 2004, Chea Vichea’s partner left for Thailand, to apply for the status of asylum seeker. She was granted asylum in a third country. She was accompanied by her 2 year-old daughter and staff from the Cambodia Office of the UN High Commissioner for Human Rights. The threat to her life was perceived to be very serious.
46. 311. The ICFTU also reported that the President of the CITA, Rong Chhun, raised concerns about his security in a letter to the ILO on 2 February 2004, and he went into hiding in a secret place immediately afterwards. In the letter, Rong Chhun raised the issue of a so-called “White List”, made public by a parliamentarian, naming five people including Rong Chhun, who allegedly appeared on a blacklist of the CPP of people to be assassinated in the near future. The blacklist that was made public was printed on paper carrying the national assembly’s letterhead. The other four persons on the list were Sam Rainsy, President of SRP, Eng Chhay Eang, Secretary-General of SRP, Norodom Sirivudh, Secretary-General of FUNCINPEC and Kern Sokha, President of the NGO, Cambodian Human Rights Center.
47. 312. After the Chea Vichea murder, police were posted outside the CITA offices, both uniformed and plain clothes officers. The CITA had to change premises shortly after – at the beginning of March 2004 – as the owner no longer wanted to rent premises to the union. The authorities were aware of their new address because they are obliged to inform them of it, but CITA officials had seen no sign of uniformed police at the entrance. Rong Chhun wrote to the ILO that he had received a verbal threat from a government official warning him “you are a poor man, how [however] strong you are, Chea was assassinated and, in turn, you will also be killed”. About a week after Chea Vichea was murdered, a teacher had also heard a high-ranking army officer saying that the regular demonstrations held in Cambodia were caused by two men, namely Chea Vichea and Rong Chhun. One had been assassinated and if the other would be killed too there would be no more demonstrations or riots. Rong Chhun informed the ICFTU, that owing to security concerns, he currently lived in a small apartment above his union’s offices. He did not dare to go out in the streets and he has informed us that it was difficult for him and the CITA to carry out normal activities in the aftermath of the Chea Vichea murder. Because of the threats that had been made against him and his association, he greatly limited his attendance at trade union meetings – hence the trade union activities of CITA are heavily affected by the threats, especially since their activities require a lot of travelling.
48. 313. Furthermore, FTUWKC acting General Secretary, Sum Som Neang, also decided to go in hiding abroad for at least three months, in fear for his own safety. Many other trade union leaders have felt so threatened that they have resigned from their leadership positions.
49. 314. In its communication dated 26 October 2004, the complainant submitted further information about the murder of the other Cambodian trade union leader, Ros Sovannareth. Like in the Chea Vichea murder case, witnesses to the murder of Ros Sovannareth had been intimidated.
50. 315. Local authorities and police reportedly claimed that personal revenge or inter-union rivalry might be the motive behind the murder of Ros Sovannareth. In November 2003, six members of FTUWKC, including Ros Sovannareth, had filed a complaint against the Cambodian Union Federation (CUF) with the Trinunggal Komara garment factory management and with the police at Russei Keo district. CUF organizer, Khvan Chanlymony, had reportedly threatened them and said that they “might disappear”. After the murder, Khvan Chanlymony said that the problems between him and Ros Sovannareth had been solved and that they had become friends. Khvan Chanlymony also added that he is only a poor worker from the countryside and that he “did not have the power to do anything like that”, i.e. have somebody murdered.
51. 316. The complainant stated that to its knowledge, the police had not yet arrested any suspects. On 17 May, the Phnom Penh Penal Police Chief told a Cambodian newspaper that the police were collecting information from workers at the factory and were interviewing eyewitnesses. He said that the eyewitnesses’ stories did not corroborate and that now the witnesses did not want to talk to the police because they feared for their security. On 18 May he offered a reward of US$300 for information that would lead to the perpetrators’ arrest.
52. 317. Chea Money, the new President of FTUWKC and Chea Vichea’s brother, believed that it might be the same killers, because the murder was executed in a way very similar to the way Chea Vichea was killed. Trade unionists in the country reportedly felt that this murder was a clear warning designed to frighten them and warn them not to be too active.
53. 318. In view of the many threats encountered by trade unionists and the murder of Chea Vichea, the ICFTU had very strong reasons to believe that Ros Sovannareth had been killed because of his union activities. The complainant did not think it was probable that Khvan Chanlymony had committed the murder or had the capacity to hire assassins. Furthermore, the way the murders were executed indeed seems to suggest that the murders were connected. Moreover, nothing indicated that Khvan Chanlymony had any relation or any personal problems with Chea Vichea.
54. 319. The ICFTU also reported that on 17 May a FTUWKC representative for PCCS Garment Ltd. filed a complaint with the Phnom Penh municipal police for harassment similar to that encountered by the two killed trade union leaders. On 9 February, the representative was chased by men on two motorbikes. They chased him until he turned into a gas station, but did not attempt an assault as there would have been many witnesses at the gas station. On 14 May he was again followed by two menacing men, this time on foot. They followed him outside the PCCS factory until he lost them among the crowd of workers.
55. 320. On the night of 23 June, Lay Sophead, the female President of the union at the Luen Thai garment factory in Phnom Penh – affiliated with the FTUWKC – was attacked. Two men dressed in bodyguard-style uniforms followed her home, stuffed a towel in her mouth and tied a “khrama” around her head. They accused her of “being a Chea Vichea person” and threw her under her bed, where they presumably left her to die. She was unconscious for a long time but was luckily found by union colleagues who came looking for her after she failed to show up for work the day after. They forced the door to her home and found her under the bed. After the assault there were visible bruises around her neck. According to ICFTU sources, she had fully recovered in hospital. On 23 June, she had attempted to organize an industrial action at the Luen Thai factory that was supposed to have begun the next morning. Union leaders believe that once again a trade unionist was attacked for simply doing union work. Furthermore, she had been one of the candidates for the position of President of FTUWKC. The matter was reported to the police. The police ruled out robbery as a motive for the attack.
56. 321. The ICFTU stated that the above information illustrated extensively the violent climate of terror and impunity under which the Cambodian trade union movement operates. The garment industry in Cambodia was under considerable pressure due to the end of garment quotas under the WTO Agreement on Textiles and Clothing on 31 December 2004. The end of the quota system was widely seen as putting the industry’s profits at risk and consequently its very existence. Docile trade unions would clearly make the lives of factory owners and the Government’s life easier. Furthermore, the quota agreement with the United States, which created a positive incentive for the Government to respect international labour standards, will have to come to an end as a result of the end to the WTO Agreement.
57. 322. The increase in harassment and targeting of trade unionists may therefore not be coincidental. The many reported cases of intimidation, threats, physical attacks and even murders cannot all be isolated and unrelated. Instead, they clearly showed a pattern of intimidation and harassment against trade unionists.
58. 323. The ICFTU indicated it was particularly concerned by the several murders that had been preceded by threats, the many other instances of intimidation and harassment of trade unionists, unreliable police investigations into the murders, suspects changing versions, allegations of forced confessions, intimidation and disappearance of witnesses, dismissal of or lack of investigation into crucial evidence, judges being taken off cases and then demoted, etc. The above showed, at best, that the Government of Cambodia was unable to carry out a proper investigation into the murders and ensure proper judicial process; at worst, that it was unwilling to do so. This in turn suggested that the Government itself might not wish the truth to be known. At any note, the events described above clearly showed that the Government has failed to guarantee that trade unionists are able to exercise their activities in a climate free of intimidation and risk to their personal security and their lives. This suggests that international assistance to the investigation and the judicial process could be helpful.
59. 324. The ICFTU submitted additional information in another communication dated 12 January 2005, which corroborated the strong impression that the level of trade union harassment had intensified in the country. The ICFTU was informed that on 22 December 2004 at 5.20 a.m., Mr. Pul Sopheak, President of the enterprise union at the Teratex Garment Factory affiliated to the FTUWKC, had been attacked with a chain by three men on his way to the factory. He sustained wounds to his head, from which he was bleeding. Photos of his wounds were also submitted by the complainant. The attack followed two days of negotiation on a collective bargaining agreement at the Teratex Garment Factory located in Mean Chey district, Phnom Penh. On 20 December 2004 at 8 a.m., Pul Sopheak negotiated with the employer and reached a preliminary agreement as the first stage of the negotiation process. One outstanding issue was the payment of US$5 additional monthly pay, which the union claims that employers are obliged to pay according to Cambodian law. During the next stage of the negotiation, on 21 December 2004, Pul Sopheak was accompanied by Mr. Chea Money, President of the FTUWKC, but no collective bargaining agreement was obtained.
60. 325. In its communication dated 11 February 2005, the complainant referred to the arrest and brief detention of the President of the FTUWKC, Chea Money, on 20 January 2005. The police arrested Chea Money in front of the union’s headquarters. They also arrested Heng Sophoan, FTUWKC representative at the Su Tong Fang garment factory.
61. 326. Earlier that day some 300 workers from Su Tong Fang factory had protested against the dismissal of one of their fellow workers and the alleged beating of another worker by a factory security guard. The Labour Ministry Facilitator, Khem Ben Chhean, reportedly said on Tuesday, 18 January, that the security guard accused of beating the worker had not been fired but that “a resolution [was] underway”. The demonstration that started on Saturday, 15 January, was according to a worker, dispersed violently when it reached the Ministry of Commerce. The workers were told to disperse because they did not have the necessary authorization for the march. It is reported that permission to organize a march is generally never granted.
62. 327. The ICFTU indicated that according to its information, Chea Money had not taken part in the demonstration, but he and a group of about 30 union activists were blocked from entering their headquarters later that day. Police reportedly violently pushed the two men into a waiting police vehicle. They were released around 5 p.m. According to Pal Chanrat, Chief of Daun Penh district’s Boeung Raing commune, the two had not been arrested, but had only been brought in for questioning. He contended that Chea Money had held a megaphone and had been calling for a rally, disturbing people near the Embassy of the United States.
63. 328. Upon their release they were forced to thumbprint a document in which they admitted, among other things, having disturbed public order during the march held earlier that morning and promised to make garment workers stop the strike and refrain from further marches. The document originally included a virtual commitment to refrain from future strike action, but even though the document was reworded, it still imposes heavy restrictions on their normal trade union activities including the right to strike. The ICFTU has received the following translation of the document:
64. Kingdom of Cambodia Nation
65. Religion King
66. Agreement
67. We, both named and position below,
68. 1. Chea Money, Leader of the Free Trade Union of the Kingdom of Cambodia.
69. 2. Heng Sophorn, Leader of Free Trade Union based in Su Tong Fa garment factory.
70. We, would like to make an agreement before the relevant and competent authorities as follows:
71. – to refrain from any activities which could affect the honour of the nation.
72. – to remain silent.
73. – to refrain from breaching security and public order.
74. – to respect absolutely the laws on demonstration.
75. – upon returning home, we will announce to all garment workers that each of them should return to their homes and not conduct further marches.
76. As proof, both of us will put our right thumbprints as evidence.
77. Right thumbprint: Having seen and agreed
78. 329. The ICFTU also mentioned that in a worrying development Sam Rainsy, leader of the political opposition party Sam Rainsy Party (SRP), was stripped of his parliamentarian immunity on 3 February 2005. This decision will enable the Government to pursue its allegation of defamation against Sam Rainsy following his statements in the wake of the murder of Chea Vichea that the Government might be implicated in the murder and it had a blacklist on which Chea Vichea, Rong Chhun and himself figured. It was reported that Sam Rainsy was the founder of FTUWKC and had close links with the trade union movement and the current President Chea Money and his deceased brother Chea Vichea.
79. B. The Government’s reply
80. 330. In its communication dated 11 May 2004, the Government stated that based on a report of the Phnom Penh municipality police, it could be concluded that the case of the killing of Mr. Chea Vichea was a voluntary manslaughter and was not related to union discrimination. The Government attached the results of the investigation carried out by the Phnom Penh police. The report indicates that based on investigations carried out with the Committee for Prevention and Suppression of Crimes in Phnom Penh and acting upon the information provided by several eyewitnesses, the Phnom Penh municipal police arrested two suspects, Born Samnang and Sok Sam Oeun, and confiscated a K59 pistol with serial number faded off, a cartridge and three bullets as well as collected two bullet casings from the scene and dislodged one bullet from the victim’s body. Through ballistic examination, it was found that the collected bullet casings and bullet heads were indeed shot from the K59 pistol with faded serial number. The Phnom Penh municipal police report indicates that their authorities had evidence and witnesses that showed that these suspects were the perpetrators who had gunned down Mr. Chea Vichea.
81. 331. In its second communication dated 2 June 2004, the Government declared that together with competent institutions it paid very much attention and concern to every infringement or assassination and that the investigation on the cases of both Chea Vichea and Ros Sovannareth, as well as all victims, had indifferently been investigated and proceeded in full conformity with the rule of law.

C. The Committee’s conclusions

1. 332. The Committee expresses its deep concern and regret at the seriousness of this case that concerns the assassination of trade union leaders Chea Vichea and Ros Sovannareth, within less than four months’ interval. The assassination of two trade unionists over such a short period of time gives rise to serious concern for the security of the trade union movement in the country. The Committee also notes the allegations according to which there would be strong reasons to believe that the two murders were connected to each other and to the victims’ union activities. The Committee deeply deplores these events and draws the Government’s attention to the fact that such a climate of violence leading to the death of trade union leaders is a serious obstacle to the exercise of trade union rights.
2. 333. The Committee notes that, according to the complainant, as a result of his trade union activities, Chea Vichea had frequently found himself in conflict with garment factory managers and/or owners and authorities over the organization of industrial action and that many owners of the country’s textile industry had strongly opposed his union-organizing efforts. The Committee understands that Chea Vichea had received several death threats, as a result of which he had gone into hiding a number of times. In this respect, the Committee recalls that the environment of fear induced by threats to the life of trade unionists has inevitable repercussions on the exercise of trade union activities, and the exercise of these activities is possible only in a context of respect for basic human rights and in an atmosphere free of violence, pressure and threats of any kind [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1994, para. 63].
3. 334. Concerning the murder of Chea Vichea, the Committee notes that two suspects were arrested and that the decision of 19 March 2004 of the investigating judge to drop the charges against the suspects for lack of evidence was overturned on 1 July by the Court of Appeal calling for further investigation to find clear evidence to prove their guilt. With respect to the assassination of Ros Sovannareth, the Committee notes that, according to the complainant, the police had not arrested any suspect.
4. 335. The Committee deeply regrets that the Government only provided partial information in its reply in relation to the murder of Chea Vichea, as it merely referred to a report from the Phnom Penh municipality police, and did not send any detailed information on the action taken to determine those responsible for the murder of Ros Sovannareth.
5. 336. Regretting that no action was taken by the authorities in order to grant protection to the aforementioned trade union leaders and that the investigations carried out so far have not allowed the identification of those responsible for their assassinations, the Committee recalls that the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events. The absence of judgements against guilty parties creates in practice an atmosphere of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights [see Digest, op. cit., paras. 51 and 55]. In light of these principles, the Committee urges the Government to institute without delay an independent inquiry into these murders in order to identify not only the perpetrators of these crimes but also the instigators and punish those responsible. The Committee asks the Government to keep it informed of the outcome of this inquiry.
6. 337. Moreover, the Committee is deeply concerned by the allegations referring to an increasing level of trade union harassment in Cambodia and by the social climate and events described by the complainant, including references to forced confessions, intimidation and disappearance of witnesses, lack of investigation, etc. The Committee deeply regrets that the Government has not replied to any of the additional allegations submitted by the complainant.
7. 338. With regard to the allegations of arrest and brief detention of the new President of the FTUWKC, Chea Money, on 20 January 2005 together with a representative of the trade union, in the context of a demonstration, the Committee, recalling that workers should enjoy the right to peaceful demonstration to defend their occupational interests, wishes to point out that measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights [see Digest, op. cit., paras. 77 and 132].
8. 339. In this context, the Committee expresses its concern regarding the reported agreement on no future marches in which Chea Money and his fellow representative were said to have been forced to admit, among other things, having disturbed public order during the march held that day and promise to make garment workers stop the strike and refrain from further marches. While it is acknowledged that trade unions must conform to the general provisions applicable to all public meetings and must respect the reasonable limits which may be fixed by the authorities to avoid disturbances in public places [see Digest, op. cit., para. 141], the Committee expects that the Government will declare this agreement null and void and requests the Government to ensure in the future the right of workers to peaceful demonstration to defend their occupational interests.
9. 340. The Committee is further concerned over the numerous reported cases of intimidations, threats and physical attacks against trade unionists which the complainants state are not coincidental and clearly show a pattern of intimidation and harassment. In particular, the Committee notes the reported threats against Rong Chhun, President of the CITA, whose name allegedly appeared on a political party blacklist of five persons to be assassinated in the near future, as well as the attacks suffered in June 2004 by Lay Sophead, the female president at the Luen Thai garment factory in Phnom Penh – affiliated to the FTUWKC – and in December 2004 by Pul Sopheak, President of the enterprise union at the Teratex Garment Factory – also affiliated to the FTUWKC. The Committee draws the Government’s attention to the fact that a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty. In this respect, the Committee has considered that in the event of assaults on the physical or moral integrity of individuals, an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts [see Digest, op. cit., paras. 48 and 53]. The Committee asks the Government to institute independent inquiries into the reported assaults of Lay Sophead and Pul Sopheak and to keep it informed of the outcome.
10. 341. Regretting that the Government did not provide detailed information on any of the aforementioned allegations, the Committee once again draws the Government’s attention to the principle that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those related to human life and personal safety, are fully guaranteed and respected. It therefore urges the Government to take measures to ensure that the trade union rights of the workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free of intimidation and risk to their personal security and their lives.