Unjust verdict of Appeal Court on Born Samnang and Sok Sam Oeun case
Published on 12 April 2007; Cambodia Human Rights Action Committee (CHRAC)
The Cambodian Human Rights Action Committee (CHRAC), a coalition of 23 NGO members, deeply regrets the Court of Appeal’s decision to uphold the Phnom Penh Municipal Courts verdict in the case of Born Samnang and Sok Sam Oeun, who were convicted of murdering Chea Vichea and sentenced to 20 years in prison and ordered to pay U$5000 each in compensation.
CHRAC considers that the verdict announced by the Appeal Court presiding judge Mr. Saly Theara this morning is very unjust and politically biased, and that the court did not use its independent power to make a fair and reasonable decision on this case.
CHRAC believes the verdict is not based on adequate evidence and that it ignored many irregularities by the police and municipal court in this case, including the falsification of evidence and the use of threats, physical force and bribery by the police to obtain a confession from one of the accused. In addition, the Court of Appeal refused to properly take into account other exculpatory testimonies as well as a written statement and a video-tape of testimony from Mrs. Va Sothy, the main eyewitness to Chea Vichea’s murder, who stated that Born Samnang and Sok Sam Oeun were not the killers. Furthermore, CHRAC notes that the Appeal Court’s decision is unacceptable because during the trial the prosecutor acknowledged that there were gaps in the investigation of the case and requested to further investigation.
CHRAC reiterates that Born Samnang and Sok Sam Oeun, who have already unfairly served 1170 days in prison, should be immediately released. CHRAC also again urges the national police to seek and bring the real killers to be punished according to the law, in order for justice to be provided, and to restore the dignity and confidence-building on the Cambodian judiciary nationally and internationally.
For more information, please contact:
▪ Mr. Thun Saray, Chairman of CHRAC/President of ADHOC Tel: 016 880 509
▪ Mr. Ham Sunrith, Senior HR lawyer of LICADHO Tel: 012 988 959
▪ Ms. Nay Dina, Executive Director of KID Tel: 011 924 286
