Informe provisional - Informe núm. 376, Octubre 2015

1. 204. The Committee has already examined the substance of this case on numerous occasions, most recently at its March 2015 meeting where it issued an interim report, approved by the Governing Body at its 323rd Session [see 374th Report, paras 113–128].
2. 205. The Committee, by virtue of its authority as set out in paragraph 69 of the procedures for the examination of complaints alleging violations of freedom of association, invited the Government to come before it to provide information on the steps taken in relation to the pending matters. The Government provided information in a written communication dated 25 March 2015 and made an oral presentation before the Committee during its May 2015 session.
3. 206. 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). It has not ratified the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 207. In its previous examination of the case, while deeply deploring the fact that, despite the time that had elapsed since it last examined the case, the Government had not provided any observation, the Committee made the following recommendations [see 374th Report, para. 128]:
   • (a) The Committee deeply deplores that, despite the time that has passed since it last examined this case, the Government has not provided its observations, although it has been invited on a number of occasions, including through urgent appeals, to present its comments and observations on the case. The Committee urges the Government to be more cooperative in the future. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.
   • (b) In light of the continuing failure of the Government to provide the information requested by the Committee in the present case and the seriousness of the matters raised since June 2005, the Committee invites the Government, by virtue of its authority as set out in paragraph 69 of the procedures for the examination of complaints alleging violations of freedom of association, to come before the Committee at its next session in May 2015 so that it may obtain detailed information on the steps taken by the Government in relation to the pending matters.
   • (c) As a general matter regarding all the subsequent issues, the Committee firmly expects the Government to commit itself to bring to an end the prevailing situation of impunity in the country, including, in particular, impunity in relation to violent acts against trade unionists, by promptly and persistently instituting independent judicial inquiries in order to fully uncover the underlying facts and circumstances, identify those responsible, punish the guilty parties, and prevent the repetition of such acts. The Committee further stresses the importance of the Government taking meaningful measures as a matter of urgency to ensure that the trade union rights of all workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free from intimidation and risk to their personal security and their lives, and that of their families.
   • (d) The Committee strongly urges the Government to keep it duly informed of the investigation into the murder of Chea Vichea and to ensure that the perpetrators and the instigators of this heinous crime are brought to justice.
   • (e) The Committee expects that the Government will conduct an independent and impartial investigation into the prosecution of Born Samnang and Sok Sam Oeun, including allegations of torture and other ill-treatment by police, intimidation of witnesses and political interference with the judicial process, and requests the Government to keep it informed of the outcome and the measures of redress provided for their wrongful imprisonment.
   • (f) The Committee once again strongly urges the Government to ensure that thorough and independent investigations into the murders of Ros Sovannareth and Hy Vuthy are also carried out expeditiously and to keep it duly informed of the progress made in this regard.
   • (g) The Committee requests the Government to keep it informed on the effect given to the sentence against Chhouk Bandith by the appeals court.
   • (h) The Committee expects that the Government will act promptly in cases of violence and intimidation against the trade union movement in the future and that it will keep it informed of the steps taken to resolve the long outstanding allegations of assault against the leaders and members of the FTUWKC and the Free Trade Union of the Suntex garment factory.
   • (i) Given the lack of progress on these very essential points, the Committee is bound, once again, to call the Governing Body’s special attention to the extreme seriousness and urgency of the issues in this case.

B. The Government’s reply

1. 208. In its communication dated 25 March 2015, in relation to the murder of Mr Chea Vichea, the Government indicated that the relevant authorities acted promptly after the incident since, following the investigation, two suspects, Mr Born Samnang and Mr Sok Sam Oeun, were arrested and sent to the Phnom Penh Municipal Court for further actions. The case went through all the court proceedings. Following the appeal of both suspects, the Supreme Court held the second hearing on 31 December 2008, issued a verdict to release them on bail and ordered a new investigation. Based on the reinvestigation and the new evidence provided to the Court, it was found that both suspects were not the real perpetrators of Mr Chea Vichea’s murder. Consequently, the Supreme Court decided to drop the charge against Mr Bom Samnang and Mr Sok Sam Oeun on 25 September 2013 and to order their release.
2. 209. The Government specified that the case is presently under a new investigation. However, while more efforts are being made to bring the real perpetrators to justice, some of the investigation process cannot be disclosed to the public for the moment. The Government declared itself highly committed to cooperate with the judiciary and all stakeholders in the criminal proceedings. The Government also indicated that it highly regarded the dedication of Mr Chea Vichea as a trade union leader and, as such, honoured his memory by contributing to the construction of his statue in a public park in Phnom Penh.
3. 210. In relation to the murder of Mr Ros Sovannareth on 7 January 2004, the Government reiterated that this case had already been concluded following the arrest and sentencing of Mr Thach Saveth aka Chan Sopheak. He was sentenced to 15 years of imprisonment on 15 February 2005 for premeditated murder and is currently serving his term in the prison.
4. With regard to the murder of Mr Hy Vuthy on 24 February 2007, the Government acknowledged that the case is still under investigation. It again expressed its commitment to bring the perpetrators to justice.
5. 211. In its communication, the Government also referred to the incident in which three female workers were shot and injured at a protest outside a garment factory in Svay Rieng SEZ by the ex-governor of Bavet City – Mr Chhouk Bandith. The Government declared that following the incident, Mr Chhouk Bandith was administratively removed from his position and was also brought to the Svay Rieng Provincial Court where he was charged for unintentional violence. Following the appeal from the victims, Mr Chhouk Bandith was called to appear before the Court of Appeal in Phnom Penh on 27 February 2013. In March 2013, the Court of Appeal issued a verdict in absentia of Mr Chhouk Bandith and his lawyer ordering the Svay Rieng Provincial Court to reinvestigate the case. On 21 June 2013, the Svay Rieng Provincial Court issued a verdict whereby Mr Chhouk Bandith was convicted in absentia for shooting and injuring the three workers and sentenced to an 18 months imprisonment and the payment of compensation to the three victims amounting to 38 million Riel (KHR) (US$9,500). Even though the sentence against Mr Chhouk Bandith is not welcomed by some non-governmental organizations, the Government recalled that the Court made the ruling which it found appropriate, in total independence. Hence, the role of the Government is only to ensure that the Court’s decision is effectively enforced.
6. 212. In this regard, the Government indicated that an arrest warrant was issued against Mr Chhouk Bandith who is still at large. The Cambodian authorities also issued a “Red Note” to Interpol seeking their support in implementing this arrest warrant. The Government further publicly announced its decision to reward anyone who would provide information leading to the arrest of Mr Chhouk Bandith.
7. 213. Finally, the Government stated that by Letter No. 68 dated 16 January 2015, it decided to set up a special inter-ministerial committee, whose membership is comprised of representatives from the Ministry of Labour and Vocational Training, the Ministry of Justice and the Ministry of Interior, to investigate all outstanding cases examined by the ILO. Following its establishment, the committee had several meetings and the Government intends to keep the Committee informed of any new development.

C. The Committee’s conclusions

1. 214. The Committee recalls that it has been considering on numerous occasions this serious case which relates, inter alia, to the murder of trade union leaders, Mr Chea Vichea, Mr Ros Sovannareth and Mr Hy Vuthy, and to the climate of impunity that exists surrounding acts of violence directed towards trade unionists, due to the absence of any reply from the Government for many years. This situation has led the Committee to have recourse to paragraph 69 of its procedure and invite the Government to come before it to expose the steps taken regarding the long-standing matters for which the Government had not been providing the information requested.
2. 215. While regretting that it had to decide to apply a measure of special nature to obtain information from the Government on the present case, the Committee welcomes the constructive engagement of the Cambodian Government which provided a written communication and made an oral presentation. The Committee recalls the importance for all governments of providing within a reasonable time frame complete replies concerning allegations made against them or in follow-up to the Committee’s recommendations.
3. 216. The Committee recalls, with regard to the murder of Mr Chea Vichea, that it had previously welcomed a decision dated September 2013 by the Supreme Court which had definitively acquitted Mr Born Samnang and Mr Sok Sam Oeun and ordered the dropping of all charges against them, and further ordered the Phnom Penh Municipal Court to reopen the investigation. The Committee takes due note of the latest information provided by the Government to the effect that the competent authorities are still investigating to determine culpability for the murder. The Committee once again urges the Government to keep it duly informed of any development with regard to the investigation into the murder of Mr Chea Vichea and to ensure that the perpetrators and the instigators of this heinous crime are brought to justice.
4. 217. Furthermore, the Committee reminds the Government that it had previously called for an independent and impartial investigation into the prosecution of Mr Born Samnang and Mr Sok Sam Oeun, including allegations of torture and other ill-treatment by police, intimidation of witnesses and political interference with the judicial process. In the absence of any observation or information from the Government in this respect, the Committee once again urges the Government to investigate into all the allegations mentioned above and to keep it informed of the outcome and any measure of redress provided for the wrongful imprisonment of Born Samnang and Sok Sam Oeun.
5. 218. With regard to the information from the Government concerning the arrest and sentence to 15 years of imprisonment in February 2005 of Mr Thach Saveth for the premeditated murder of Mr Ros Sovannareth, the Committee recalls that It had previously deplored the fact that Mr Thach Saveth had been sentenced to prison in a trial characterized by the absence of full guarantees of due process and had urged the Government to ensure that he may exercise his right to a full appeal before an impartial and independent judicial authority [see 351st Report, para. 252]. Consequently, the Committee requests the Government to investigate and indicate whether Mr Thach Saveth was effectively given the opportunity to appeal against the Court ruling and, if so, whether he had exercised his right to appeal.
6. 219. With regard to the murder of Mr Hy Vuthy on 24 February 2007, the Committee takes note of the statement from the Government that the case is still under investigation. The Committee once again urges the Government to keep it duly informed of any progress made in this regard.
7. 220. In relation to the shooting of three workers engaged in a strike by former Governor Mr Chhouk Bandith and the circumstances related to his subsequent trial, the Committee takes note of the Government’s indication that on 21 June 2013, the Svay Rieng Provincial Court issued a verdict whereby Mr Chhouk Bandith was convicted in absentia for shooting and injuring the workers and sentenced to 18 months imprisonment and the payment of compensation to the three victims amounting to KHR38 million ($9,500). The Committee also notes that, along with the arrest warrant against Mr Chhouk Bandith, the Cambodian authorities had issued a red notice to Interpol seeking its support in implementing the arrest warrant.
8. 221. In this regard, the Committee was informed through a press release that Mr Chhouk Bandith handed himself over to police on 8 August 2015. The Committee urges the Government to indicate whether Mr Chhouk Bandith had paid the compensation awarded to the victims and is serving his jail term as ruled by the Svay Rieng Provincial Court.
9. 222. Finally, the Committee takes due note of the indication that by Decision No. 68 of 16 January 2015, the Government decided to set up a special inter-ministerial committee, whose membership is comprised of representatives from the Ministry of Labour and Vocational Training, the Ministry of Justice and the Ministry of Interior, to investigate all outstanding cases examined by the ILO, and that the said committee has already met several times. In this regard, the Committee strongly encourages the Government to take steps to investigate into the assault of trade unionists of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) and of the Free Trade Union of the Suntex Garment Factory reported by the complainant in October 2006 (Lay Sophead, Pul Sopheak, Lay Chhamroeun, Chi Samon, Yeng Vann Nuth, Out Nun, Top Savy, Lem Samrith, Chey Rithy, Choy Chin, Lach Sambo, Yeon Khum and Sal Koem San). The Committee also urges the Government to investigate into the current employment status of three activists of the Free Trade Union of Workers of the Genuine Garment Factory (FTUWGGF) (Mr Lach Sambo, Mr Yeom Khun and Mr Sal Koem San) who were allegedly dismissed in 2006 following their convictions for acts undertaken in connection with a strike at the Genuine Garment Factory. The Committee trusts that the present engagement of the Cambodian Government to tackle all pending issues before the ILO will also materialize in concrete steps to resolve these long outstanding matters raised by the Committee since 2007. The Committee urges the Government to ensure that the Special Inter-ministerial Committee keep the national employers’ and workers’ organizations, including the complainants in this case, informed on a regular basis of the progress of its investigations with a view to promoting social dialogue and putting an end to the climate of impunity that exists surrounding the acts of violence against trade unionists.
10. 223. As a concluding remark, and while welcoming recent steps taken to investigate the violent acts against trade unionists alleged in this case, some of which date back to 2005, the Committee emphasizes the importance of taking concrete and meaningful steps to fully uncover the underlying facts and circumstances, identify those responsible and punish the guilty parties, and expresses the firm expectations that a full report on the reopened investigations will be transmitted to it in the very near future and will have a significant impact on the impunity prevailing in the country with respect to the matters raised in this case. Lastly, the Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.