Editorial | Articles about Cambodia | Khmer

Saturday, May 01, 2010

Chea Vichea Film to Be Shown

The Phnom Penh Post
Meas Sokchea and James O’toole

CAMBODIAN Confederation of Unions (CCU) President Rong Chhun says he will hold an outdoor screening of a controversial documentary about slain labour leader Chea Vichea on Saturday’s Labour Day holiday, despite not having received permission from government officials to do so.

Rong Chhun met at City Hall on Thursday for one hour with Koeut Chhe, the Phnom Penh Municipality’s deputy chief of cabinet, who told him that he could not show the film without first securing permission from the “relevant” government ministries such as the Ministry of Interior. The CCU president’s decision to flout the official’s orders could set up a confrontation, though it was unclear on Thursday how the government would respond to Rong Chhun’s decision.

“This country has laws, so if [Rong Chhun] is showing the film publicly, he must ask permission,” Koeut Chhe said following the meeting. “If he violates the law, that’s his business, but he must be responsible for his violations of the law.”

Council of Ministers spokesman Phay Siphan said Thursday that because organisers are planning to show the film outdoors, jurisdiction over their activities falls to City Hall and the Ministry of Interior. Under the Kingdom’s new Demonstration Law, passed last year, government authorities may “take actions to cease” any unauthorised demonstrations or public gatherings.

Ministry of Interior spokesman Khieu Sopheak on Thursday called the film an “illegal import”. When asked how the government would respond to an unauthorised screening, he said to “wait and see on Saturday”.

Minister of Culture Him Chhem also claimed jurisdiction, saying that his ministry would have to grant permission before a public film screening could go ahead.

“Our Ministry has no problem with the screening. It is [Rong Chhun’s] right, but he must do it legally,” Him Chhem said.

Rong Chhun said Thursday that he planned to go ahead with the screening regardless of the government’s response, claiming he did not have enough time to secure permission from officials at the ministerial level.

“We have already seen politicians murdered, artists murdered, as well as an important union president murdered, and so far the authorities have not found the killers and their backers to be punished,” Rong Chhun said. “At 5:30pm on [Saturday], we are going to do everything according to the plan we submitted to the municipality – we will not withdraw.”

The CCU plans to screen the documentary near Chamkarmon district’s Wat Lanka, where Chea Mony was gunned down in 2004. The film, directed by American Bradley Cox, is currently touring film festivals and is scheduled for wider release in the US later this year.

Drawing from interviews with police, government officials and other public figures, including Chea Vichea himself, Cox’s film offers a portrayal of thuggish law enforcement and a kleptocratic ruling elite under Prime Minister Hun Sen. Although it does not make direct accusations, the film implies that Chea Vichea was killed because of his ties to the opposition, and that the two men convicted of the murder were framed.

Moeun Chhean Narridh, director of the Cambodia Institute for Media Studies, said Rong Chhun should attempt to get government authorisation “for extra precaution”, but should ultimately not be bound by attempts to constrain his freedom of expression.

“It does not cost anything just to ask permission, but if the Ministry of Culture or any other authorities do not give him permission, he should just go ahead and show the film anyway,” Moeun Chhean Narridh said.

Chea Mony, who has replaced his brother as president of the Free Trade Union of Workers of the Kingdom of Cambodia, accused municipal officials of attempting to delay the screening and prevent the public from seeing the film.

“It is a pretext,” Chea Mony said. “If the authorities do not allow the screening, it means that they are afraid of learning more about Chea Vichea’s killing.”

Labels: Brad Cox, Chea Vichea, Rong Chhun

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Thursday, April 29, 2010

Who Was Chea Vichea and Why Does He Matter? Ask Filmmaker Bradley Cox

The Huffington Post

Chea Vichea was assassinated in broad daylight. Brad Cox arrived just minutes after he
was gunned down, and his footage makes for some of the most powerful moments of the film.

In my own special screening, director Bradley Cox recently showed me his 55-minute film Who Killed Chea Vichea? in his office in Manhattan. Bradley is now in Southeast Asia. Chea Vichea was the president of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) until his assassination on Chinese New Year in January 2004. Vichea was shot in the head and chest early in the morning while reading a newspaper at a kiosk in Phnom Penh.

I had interviewed Cambodian Parliament Member Mu Sochua -- the Cory Aquino or Aung San Suu Kyi of Cambodia, for The Huffington Post in March before she returned to Phnom Penh (story). She had told me, "The day I joined the opposition party was the day the leader of the workers' movement -- Chea Vichea -- was assassinated. He was the founder of the opposition in Cambodia."

Local police struggle to maintain order as journalists and frenzied onlookers surrounded the fallen union leader, his blood spilled over a copy of that day's newspaper. Images from the funeral that followed of Buddhist priests crying as they watch the procession pass are haunting.

The government arrested two men and imprisoned them for their supposed crime. They were both soon judged innocent. The government did not like that judicial decision and the judge was immediately removed from his position at the Phnom Penh Municipal Court. His decision to drop charges was subsequently overturned in June 2004.

The Cambodian union leader Chea Vichea in 2003, one year before he was killed.
From "Who Killed Chea Vichea? Copyright 2009 Loud Mouth Films.

The two men were found 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. Vichea's family turned down the compensation, stating that they did not believe the two convicted were the real murderers.

The documentary of his life and death, Who Killed Chea Vichea?, premiered March 27 at the Frederick Film Festival in Maryland. The film, released by Loud Mouth Films in Philadelphia and Bangkok, is a gripping account of a corrupt government's campaign to hold onto power at any cost, and the quiet resistance of a people facing overwhelming odds. Filmed over five years, and following events as they happened, Who Killed Chea Vichea? was produced by Rich Garella and Jeffrey Saunders with an original score by Gil Talmi.

I interviewed film producer Rich Garella about their deeply moving film:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
To me the core of this movie is that it unmasks a dictatorship. Unlike Burma, for example, Cambodia enjoys a lot of foreign aid from Western countries, who are basically being played against China by the Cambodian regime.

The tacit arrangement is that the Western donors agree to play along with the pretense that Cambodia is a 'fledgling democracy' and that Cambodia is constantly making incremental progress on human rights, corruption reduction, election quality and so forth -- even though there is never any detectable change for the better in these areas.

And if they don't play along, and actually demand some accountability, well, Cambodia can just get the same amount of aid from China, no strings attached.

It can also be viewed as a hostage situation, where (Cambodian Prime Minister) Hun Sen says to the West: Don't demand anything that threatens my power or I can make Cambodia into Burma II, and you don't want that. You don't want another intractable problem with a China-backed surrogate and you don't want the poor people of Cambodia to suffer even more than they do.

So Who Killed Chea Vichea? takes one example, out of many, to show that the Cambodian regime really has no limits on its ability to carry out any kind of atrocity, obscuring it only with the flimsiest veil of legitimacy. It's one of the few times, and probably the only time in the case of Cambodia, where a film follows a single emblematic event like this from start to finish, as it unfolds. And thereby gives viewers outside the country a front-row seat to the actual mechanics of this kind of soft dictatorship.

By focusing on a single key case we bring the story down to the human level, which is necessary because the power that the Cambodian regime wields works on the human level -- it's personal fear that limits what Cambodian people can do. They know that the regime has the power of life and death over each and every one of them. This is what the regime intends to illustrate by killing such a well-known and loved person as Chea Vichea: We can kill anyone, at any time, with complete impunity, whether our Western sponsors like it or not... so watch your step.

One aspect of this that we hope to reveal to viewers in these sponsoring countries, including the U.S., is that the apparent incompetence of the authorities in covering their tracks actually serves an important function for them. They don't actually want the people of Cambodia to think anything other than that the authorities had Vichea killed. They need the people to know that it was a political assassination that came from the top, or it wouldn't serve its purpose.

The foreign viewers should realize that the purpose of the cover-up (the framing of the two suspects) is a show that is staged only for the benefit the foreigners at home -- and it's impossible for anyone in Cambodia, including the diplomats from those foreign countries -- not to know the truth.

So in a way, we hope that the film can be a kind of key for viewers, that having seen this, they can have a better understanding not only of the situation in Cambodia but that it will help them interpret events in other countries that receive aid or trade benefits.

And of course, we tried to provide it in a way that is dramatic on a human level, to make it a true investigative thriller that pulls them into an unfamiliar world and gives them, as I mentioned, a front-row seat.

I hope that helps! I should mention that this is my take on the film and its purposes -- Brad's take will be overlapping but somewhat different -- more on the human level. So if you want to talk to him and get some quotes we can arrange it.

~~~~~~~~~~~~

Monks precede dignitaries in funeral march for assassinated union leader Chea Vichea.
From "Who Killed Chea Vichea? Copyright 2009 Loud Mouth Films.

The story continues to be told. This week, The Phnom Penh Post published Delving Into An Old Murder, by James O'Toole and Meas Sokchea:

Vichea spent the morning playing with his daughter, studying his Khmer-English dictionary and plucking his moustache before deciding to leave his Phnom Penh home and pick up a copy of the day's newspaper.

"I watched him from the balcony as he left," Chea Vichea's wife, Chea Kimny, tells director Bradley Cox. "I got up and went to the kitchen. Suddenly, I felt like something kicked me in the chest."

Cox travelled to Cambodia to cover the contentious 2003 elections, and stayed to pursue the story of Chea Vichea's murder. In a one-hour film screened for the Post on Wednesday, he draws on interviews with witnesses and public figures to document the investigation of what has become one of the Kingdom's most infamous political killings in recent years.

"This is not a tale - it is a true story," Chea Mony said. "This film just wants to inform other countries, particularly free, democratic countries, that we can have no confidence in the Cambodian justice system."

In its early moments, Who Killed Chea Vichea? contains footage from an interview with its titular figure. With his slight build and nasal voice, he does not make for an intimidating presence, but his resolve is clear as he describes the history of death threats against him.

"I think they want to kill me because of my experience in the past," Chea Vichea says, adding: "I'm not afraid. If I'm afraid, it's like I die."

Evidence on display during police press conference.
From "Who Killed Chea Vichea? Copyright 2009 Loud Mouth Films.

The film's director Brad Cox is perhaps best suited to answer the question, Who was Chea Vichea and why does he matter? When I met with Brad in New York, he told me:

"Hero" is perhaps the most overused word in the English language, and to be honest, I don't know if I ever met an honest-to-goodness hero in the flesh until I met Chea Vichea.

Imagine a country where you can be arrested for simply displeasing the powers that be. Imagine a country where standing up for your rights can get you killed. This is Cambodia. To get by, most people keep their heads down and their mouths shut. Vichea did the opposite.

He stood up for the hundreds of thousands of garment workers who wanted nothing more than to be treated fairly and to receive a living wage. For his troubles, he was beaten, threatened and arrested countless times.

And when his life was threatened and the police urged him to leave the country, he refused to be intimidated. He stood his ground, because as he told me "If I leave, who will look after the people?"

Heroes are people who go forward despite being fully aware of the dangers that lie ahead. In this regard, Chea Vichea was the real deal.

The Free Trade Union of which Chea Vichea was president traditionally holds a big march on Labor Day -- May 1 -- that attracts thousands of people. They may try to have a public screening of the film this May 1 in the park in Phnom Penh across from where Vichea was killed. If so, it would be a landmark event in Cambodia. I believe the authorities will sadly intervene.

Director Bradley Cox with producers Jeffrey Saunders and Rich Garella.
From "Who Killed Chea Vichea? Copyright 2009 Loud Mouth Films.

Director Bradley Cox has lived in Cambodia for almost five years. He captured the story of Chea Vichea's murder as it unfolded on the streets and in the courtrooms of Cambodia. He previously made the documentary Cambodia: Anatomy of an Election, was a co-founder of Bhutan's first film school, has worked as a screenwriter and director in Los Angeles and has won numerous film festival awards.

Producer Rich Garella lived in Cambodia for most of 1995 - 2003. He was managing editor of The Cambodia Daily, and later worked as press secretary for Cambodia's main opposition party. He co-wrote and produced Polygraph for MoveOn.org's Bush in 30 Seconds project in 2004; the ad was broadcast nationally. With Eric Pape, he wrote A Tragedy of No Importance, about the 1997 grenade attack against the Cambodian opposition.

Producer Jeffrey Saunders is an Emmy-nominated filmmaker and founder of CinemaCapital, an independent production and distribution company based in New York City. His films have been selected at international festivals including the Berlin Film Festival, IDFA, SWSX and Thessaloniki, and acquired by broadcasters including Sundance, ARTE, TF1, ZDF and SBS. His feature film Goal Dreams was selected as one of the top ten "Movies that Matter" by Amnesty International in 2006.

To receive occasional updates, join the film's e-mail list. There is also a Facebook group for the film.

Follow Jim Luce on Twitter: www.twitter.com/jimluce

Labels: Chea Vichea, Mu Sochua

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Friday, April 23, 2010

Delving into an old murder

"I think there is no chance to find justice for Chea Vichea under the current government - I have no belief at all," Chea Mony said Wednesday. "Is it the government's will to find the killers, or is a powerful person involved in this murder?"

The Phnom Penh Post, Thursday, 22 April 2010
James O'Toole and Meas Sokchea

Documentary seeks answers about the killing of union leader Chea Vichea.

CHEA Vichea spent the morning playing with his daughter, studying his Khmer-English dictionary and plucking his moustache before deciding to leave his Phnom Penh home and pick up a copy of the day's newspaper.

"I watched him from the balcony as he left," Chea Vichea's wife, Chea Kimny, tells director Bradley Cox. "I got up and went to the kitchen. Suddenly, I felt like something kicked me in the chest."

Cox arrived at the newsstand outside Chamkarmon district's Wat Lanka just minutes after Chea Vichea was gunned down on January 22, 2004, and his footage from the scene makes for some of the most powerful moments of his new documentary, Who Killed Chea Vichea? Local police struggle to maintain order as journalists and frenzied onlookers surround the fallen labour leader, his blood spilled over a copy of that day's Koh Santepheap newspaper.

Cox travelled to Cambodia to cover the contentious 2003 elections, and stayed to pursue the story of Chea Vichea's murder. In a one-hour film screened for the Post on Wednesday, he draws on interviews with witnesses and public figures to document the investigation of what has become one of the Kingdom's most infamous political killings in recent years.

As outrage mounted in the days following Chea Vichea's death, police arrested two men - Born Samnang and Sok Sam Oeun - and charged them with the killing. They were convicted and sentenced to 20 years in prison at a 2005 trial that was widely derided for failing to meet international standards.

Chea Vichea's family has insisted since the arrest of Born Samnang and Sok Sam Oeun that the pair are not responsible for the crime, a claim that came closer to vindication last year when the Supreme Court ordered their release after almost five years in prison, pending a new trial.

Interviews with the men's friends and relatives in the documentary corroborate their claims that they were nowhere near the crime scene at the time of the murder.

Chea Mony, who has taken his older brother's place as president of the Free Trade Union of Workers of the Kingdom of Cambodia, threatened earlier this year to organise a strike if the government did not make progress in the case. He maintains that Chea Vichea was murdered because of his status as a union leader, and expressed doubt that the truth of what happened will ever come to light.

"I think there is no chance to find justice for Chea Vichea under the current government - I have no belief at all," Chea Mony said Wednesday. "Is it the government's will to find the killers, or is a powerful person involved in this murder?"

Although Chea Mony had not yet seen the film himself - Cox says plans for international distribution are still in development - he said relatives in the US had told him it presented a "frightful" depiction of Cambodian politics.

"This is not a tale - it is a true story," Chea Mony said. "This film just wants to inform other countries, particularly free, democratic countries, that we can have no confidence in the Cambodian justice system."

In August, the Appeal Court announced a new investigation in Chea Vichea's case and said that Born Samnang and Sok Sam Oeun are to remain free until a verdict is handed down. Appeal Court deputy president Choun Sunleng said Wednesday that investigation duties have been dispatched to the Phnom Penh Municipal Court. Court President Chiv Keng said that an investigation is in progress, but declined to comment further.

Ministry of Interior spokesman Khieu Sopheak said Chea Mony was entitled to express his views on the case, though he noted that the investigation of Born Samnang and Sok Sam Oeun is ongoing.

"If he does not believe [the investigation], it's up to him," Khieu Sopheak said of Chea Mony. "Born Samnang and Sok Sam Oeun's release is temporary - it is not final."

Fatal consequences

Though the website for Who Killed Chea Vichea? touts the film as "a highly charged murder mystery", Cox said viewers expecting a straightforward whodunnit story will be disappointed.

"In making the movie, I was never particularly interested in finding out who actually pulled the trigger," Cox wrote in an email on Wednesday.

"I was much more interested in who was behind the murder and who gave the OK. Based on the evidence and reasonable deduction, I think the movie goes a long way in answering this."

Though the film makes no direct accusations about Chea Vichea's death, it paints a damning picture of law enforcement under Prime Minister Hun Sen, portraying former national police chief Hok Lundy and former municipal police chief Heng Pov as the government's ruthless enforcers.

"When they needed a job done, Hok Lundy would call men like Heng Pov to a meeting," one anonymous former police official tells Cox. The man says he committed "many" murders on Heng Pov's orders, and adds: "Afterwards, we'd feed the corpse to the crocodiles."

An anonymous former government official tells Cox that the judiciary is controlled in similarly hierarchical fashion.

"There isn't a single judge who is independent.... If a judge makes a decision on his own, the consequences could be fatal," the official says.

In footage from a press conference held shortly after Chea Vichea's murder, Heng Pov briefs reporters on the status of the investigation, identifying the owner of the Wat Lanka newsstand as the only witness in the case before catching himself and hastily ordering reporters not to write about her.

"If you want to help Chea Vichea, don't mention the news seller," Heng Pov says.

That woman, Va Sothy, has since stated publicly that Born Samnang and Sok Sam Oeun look nothing like the two men she saw commit the murder. She now lives in the United States after being granted asylum - Chea Vichea's wife and family have successfully sought asylum in Finland - and she tells Cox that the presence of a man on a mobile phone near the crime scene - suspected by onlookers to be an undercover police officer - suggested to her official involvement.

"I heard him say, 'The work is done,'" Va Sothy says.

Unbowed by threats

Cox said he hopes the film, which premiered last month in the US at the Frederick Film Festival in Maryland, will be broadcast in the US and other countries later this year. Considering its politically charged content, he was not optimistic that the Cambodian government would allow him to distribute the film here, though he said he hopes residents of the Kingdom eventually have access to it.

In its early moments, Who Killed Chea Vichea? contains footage from an interview with its titular figure. With his slight build and nasal voice, he does not make for an intimidating presence, but his resolve is clear as he describes the history of death threats against him.

"I think they want to kill me because of my experience in the past," Chea Vichea says, adding: "I'm not afraid. If I'm afraid, it's like I die."

http://www.phnompenhpost.com/index.php/2010042237802/National-news/delving-into-an-old-murder.html

--
Loud Mouth Films
Philadelphia/Bangkok
http://www.whokilledcheavichea.com

Labels: Chea Vichea

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Thursday, April 01, 2010

Chea Vichea Film Prompts Questions in US

Chea Vichea Film Prompts Questions in US
http://www.voanews.com/khmer/2010-03-31-voa4.cfm

By Men Kimseng, VOA Khmer
Original report from Maryland
31 March 2010

Who killed Chea Vichea? The question remains unanswered not just for the man's family but also American audiences who attended the premiere last weekend of a vivid film about Cambodia's politics and the slain union leader's struggle for labor rights.

"Who Killed Chea Vichea?" debuted at Maryland's second Frederick Film Festival in an effort to attract international support for the cause of justice for workers and Cambodians.

Director Brad Cox said murders of unionists and journalists, a biased court system and incompetent police continue to plague Cambodia and need international attention.

"What I think the first step in these Western countries should be is acknowledging that Cambodia is not a democracy," Brad Cox told VOA Khmer. "It's run by the very few at the very top, and to suggest that it's a democracy is a myth."

That myth is convenient for Western countries to accept, "because they don't want to confront or upset the government," Cox said. "If they can at least acknowledge that these things happen, that would be a first step in trying to make thing better there."

"Who Killed Chea Vichea?" examines the competition for power among the country's main political parties, the Cambodian People's Party, Funcinpec and the Sam Rainsy Party, following general elections in 2003.

At the time, Cambodia's workers, led by Chea Vichea, were demanding better salaries and working conditions in tumultuous, massive demonstrations.

Chea Vichea was shot dead in broad daylight in January 2004 as he read a newspaper near Phnom Penh's Wat Langka pagoda. The two assailants escaped, but two other men, widely believed innocent, were promptly arrested, charged and sentenced to 20 years in prison.

The two men, Born Samnang and Sok Sameoun, spent five years in jail before they were provisionally released in a Supreme Court decision in 2008. No further arrests have been made.

"Who Killed Chea Vichea?" does not answer its own question, but Cox said the labor leader's prominence as an activist meant an order for his assassination "would have to come from very high. And the way the government is set up, there are very few people who are very high."

People are still afraid to talk about the killing, Cox said, and the courts have moved slowly in bringing their attention to the case.

The film, however, is raising awareness and prompting viewers to ask their own questions.

"When I saw this documentary, I felt emotional and painful, but don't know what else we can do to help," said Khalarath Bloesch-Sek, who saw the film in the town of Frederick. "There seems not much we can do to help improve Cambodia. I hope that the younger generation will stand up and lead the country forward to be a better place."

Jason Judd, one of the film festival's organizers, was also a colleague of Chea Vichea.
"Leading a union is very difficult; one must be brave," he told VOA Khmer. "And in Cambodia there are not many union leaders like Chea Vichea."

--

Loud Mouth Films
Philadelphia/Bangkok
http://www.whokilledcheavichea.com

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Thursday, January 01, 2009

Born Samnang & Sok Sam Oeun Released

Cambodian Court Releases Born Samnang and Sok Sam Oeun, Alleged Killers of Union Boss, Chea Vichea

Cambodian Sok Sam Oeun (centre) the previously convicted murderer of prominent Cambodian labour leader Chea Vichea, is escorted by police at the Supreme court in Phnom Penh. Cambodia's highest court has provisionally released two alleged killers of Vichea and ordered the case to be re-tried, citing unclear evidence.
(AFP/Tang Chhin Sothy)

Cambodian prisoners Born Samnang, left, and Sok Sam Oeun, center, are paraded by police in Supreme Court in Phnom Penh, Cambodia, Wednesday, Dec. 31, 2008. A Cambodian highest court on Wednesday provisionally released the two believed to have been framed for murdering a prominent labor leader and government critic.
(AP Photo/Heng Sinith)

PHNOM PENH (AFP) — Cambodia's highest court Wednesday provisionally released two alleged killers of a prominent labour leader and ordered the case to be re-tried, citing unclear evidence.

Chea Vichea, who headed the country's largest labour union and was a vocal critic of Prime Minister Hun Sen's government, was gunned down at a Phnom Penh newsstand in January 2004.

The daylight murder shocked the country and was condemned by Cambodian and international rights groups as a brutal attempt to silence the opposition-linked workers' group.

Just days after the killing, Born Samnang and Sok Sam Oeun were arrested, convicted of murder and quickly sentenced to 20 years each in prison.

International and local rights watchdogs had called the conviction and trial deeply flawed.

After the two men made their final appeal during a hearing Wednesday at the Supreme Court, judge Dith Monty, the court's president, dismissed the conviction, which was upheld by the Appeal Court in 2007.

"The case is a criminal one which requires more investigation," Dith Monty said, adding that to make sure the men's rights were not violated, the court had "decided to release the two suspects provisionally, but under watch of the court."

The judge also ordered the Appeal Court to retry the case, adding that the two men had to appear before the court when summoned.

The pair have denied any involvement in the killing. Former Phnom Penh police chief Heng Pov, who led the investigation, has also said that the two did not kill Chea Vichea.

The men told the court, which was packed with diplomats, rights activists, journalists and their relatives, that they had been framed by a group of police.

"I am not the killer," said Born Samnang, asking the judges to free him.

UN rights officials, the United States and relatives of the accused welcomed the court's decision.

"It was greeted with a warm round of applause by the public, including the families of the defendants, as it truly deserves," the UN rights office said in a statement.

The UN office "hopes that this decision will set the standards for the future handling of all criminal cases by Cambodian courts," it said.

In a statement, the United States urged the Appeal Court to "take up the case expeditiously and finally resolve this matter in a way consistent with Cambodian law and international standards of due process."

"The decision to release the two on bail and return the case to the appeals court for review was a particularly auspicious way to start the new year," said the US embassy's charge d'affaires Piper Campbell.

"I am very happy and I am excited that my son can stay out of detention," said Born Samnang's mother, Nuon Kimsry.

Rights group Amnesty International last week called for the release of the pair, saying the true perpetrators remained at large.

Labels: Born Samnang, Chea Vichea, Sok Sam Oeun

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Monday, December 29, 2008

Supreme Court Tested by Labor Leader’s Murder Case

Cambodia: Supreme Court Tested by Labor Leader’s Murder Case

Lack of Justice Leaves Unionists in Fear for Their Lives

The Cambodian Supreme Court should rely on the evidence and not give in to government pressure when it reviews the case. Born Samang and Sok Sam Oeun have already spent five years behind bars for a crime they did not commit, and it is time for justice to be done in this case.
Sara Colm, senior researcher for Human Rights Watch

December 28, 2008

(New York, December 28, 2008) - Cambodian authorities should exonerate and free Born Samnang and Sok Sam Oeun, who were unfairly sentenced to 20 years in prison in 2005 for the murder of labor leader Chea Vichea, said three international human rights organizations and the world's largest trade union confederation in a joint statement released today.

The Cambodia Supreme Court will hear the case on appeal on December 31, 2008.

The joint statement was issued by Human Rights Watch, the International Trade Union Confederation, and the Observatory for the Protection of Human Rights Defenders (a joint program of the International Federation for Human Rights and the World Organization Against Torture), which have all closely followed the case since Vichea's murder.

"The Cambodian Supreme Court should rely on the evidence and not give in to government pressure when it reviews the case," said Sara Colm, senior researcher for Human Rights Watch. "Born Samang and Sok Sam Oeun have already spent five years behind bars for a crime they did not commit, and it is time for justice to be done in this case."

Chea Vichea, 36, was the founder and president of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC) and a vocal supporter of the opposition Sam Rainsy Party. He was shot and killed in broad daylight in front of a newsstand in Phnom Penh on January 22, 2004. Vichea was well known for his outspoken efforts to organize garment workers and to fight for improved working conditions in Cambodia, work he continued in spite of death threats.

The investigation into the high profile murder was marred by alleged police brutality and forced confession by one of the suspects, intimidation of witnesses, and political interference in the judicial process. The prosecution and conviction of Born Samnang and Sok Sam Oeun have drawn extensive criticism from Cambodian and international human rights activists, union advocates, lawyers, and United Nations officials.

The International Labour Organization (ILO), which sent a fact-finding mission to Cambodia in April 2008 to investigate the murders of trade unionists, has repeatedly expressed strong concerns about the convictions of the two men and called for a fresh investigation into Chea Vichea's murder.

"The lack of justice in this case leaves trade unionists in fear for their lives," said Guy Ryder, general secretary of the International Trade Union Confederation, whose 311 affiliates represent 168 million workers worldwide. "Even ILO leaders who were on an official ILO mission to Cambodia earlier this year were subject to intimidation."

In a report released in November 2008, the ILO sharply criticized the Cambodian government for not effectively stemming a series of violent and deadly attacks against trade unionists. At the core of the problem, the report said, is Cambodia's lack of an independent judiciary, which allows the real perpetrators of such attacks to evade justice. The atmosphere of impunity in Cambodia reinforces the climate of violence and insecurity, the report said, which in turn "is extremely damaging to the exercise of trade union rights."

The ILO report's findings, which could affect the future of Cambodia's important garment industry, noted that during the ILO mission in April, the government "demonstrated an unwillingness to engage in fully frank discussions" and "provided no concrete indications" that it would act upon any of the ILO's recommendations.

In addition to the murder of Chea Vichea, there has been an ongoing pattern of violence against trade union activists in Cambodia. This includes the murders of FTUWKC official Hy Vuthy in February 2007 and FTUWKC Steering Committee member Ros Sovannarith in 2004, and a series of threats and physical assaults against FTUWKC representatives and other trade unionists.

The four organizations urged the Cambodian government to launch a full and impartial investigation into Chea Vichea's murder, as well as an independent and public inquiry into the handling of the prosecution of Born Samnang and Sok Sam Oeun.

"If the Supreme Court fails to provide long-overdue justice by releasing these two innocent men, it will only further highlight the lack of progress toward rule of law in Cambodia," said Souhayr Belhassen, president of the International Federation for Human Rights.

The organizations also urged the Cambodian government to take prompt action to address the key issues highlighted by this case: Cambodia's endemic impunity and lack of rule of law, government interference in the judiciary, intimidation and violence faced by trade union members and leaders, and widespread torture by the police.

"It's time for the Cambodian authorities to finally deliver justice to Born Samnang and Sok Sam Oeun, and stop the widespread practice of torture by Cambodian police to force confessions out of criminal suspects," said Eric Sottas, secretary-general of the World Organisation Against Torture.

Background

The police and court investigations into Vichea's killing were marred by a series of procedural flaws and violations of international legal standards. The police allegedly tortured Born Samnang to obtain a confession. A judge who initially dropped the charges against the two men for lack of evidence was swiftly removed from his position, and the charges were reinstated. The subsequent trial of the two men was conducted in a manner that flagrantly violated Cambodian law and international fair trial standards. In April 2007, the country's Appeal Court upheld their convictions despite the state prosecutor acknowledging that there was insufficient evidence.

Chea Vichea's family members say they believe Born Samnang and Sok Sam Oeun are not responsible for the crime, as has Var Sothy, the newsstand proprietor who was the key eyewitness to the killing. She subsequently fled Cambodia in fear for her life.

As an example of the politicization of the Cambodian judiciary, the Chief Justice of the Supreme Court, Dith Munthy, is a member of the Standing Committee of the ruling Cambodian People's Party. The lack of judicial independence has been cited in successive UN human rights reports for the past 15 years and is a major concern in the ongoing attempts to bring Khmer Rouge leaders to justice. The Cambodian government has long acknowledged weaknesses in the judiciary and made commitments to address this, but has taken no meaningful steps to do so.

For background on Chea Vichea's murder and the prosecution of Born Samnang and Sok Sam Oeun, please see:

November 2008 Conclusions of the International Labour Organization's Committee on Freedom of Association regarding violence against Cambodian trade unionists, at: http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_100625.pdf;

June 2007 Licadho briefing paper, "Innocent Prisoners Awaiting Justice," at: http://licadho.org/reports/files/107LICADHOPaperSummaryBSSSO07.pdf;

April 12, 2007, statement by the UN Secretary-General's Special Representative for Human Rights in Cambodia, "The Special Representative expresses deep regret over the upholding of the sentences against Born Samnang and Sok Sam Oeun," at: http://cambodia.ohchr.org/Documents/Statements%20and%20Speeches/English/322.pdf;

August 10, 2006, written statement by the prime witness to Chea Vichea's murder, at: http://licadho.org/news/files/VaSothyStatementTransEN.pdf;

October 3, 2006, complaint about the Chea Vichea case filed by the International Confederation of Free Trade Unions (now the International Trade Union Confederation) to the International Labour Organization, at: http://www.icftu.org/www/PDF/CFAComplaint2318CheaVichea2006.pdf;

Further background documents, at: http://www.hrw.org/english/docs/2006/10/03/cambod14314.htm.

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http://www.hrw.org/en/news/2008/12/27/cambodia-supreme-court-tested-labor-leader-s-murder-case

Labels: Born Samnang, Chea Vichea, Sok Sam Oeun, UN Human Rights Report

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Monday, November 17, 2008

General Hok Lundy Was Widely Feared

General Hok Lundy, Cambodia's Notorious and Brutal Police Chief, He Was Widely Feared

By Tom Fawthrop
The Guardian, Wednesday November 12 2008

General Hok Lundy, Cambodia's notorious police chief and close ally of prime minister Hun Sen, has died at the age of 58 in a helicopter crash. He was travelling from the capital, Phnom Penh, to the south-eastern province of Svay Rieng. None of the helicopter's other occupants - General Sok Saem, deputy commander of the Cambodian infantry, the pilot and co-pilot - survived the crash.

A four-star general and member of the politburo of the ruling CPP (Cambodian People's party), Hok Lundy was a man who inspired fear not only in opposition ranks, but also in members of his own party. Born in Svay Rieng, he first rose to prominence as the governor of Phnom Penh in 1990. Four years later, Hun Sen appointed him national police chief, reporting directly to the prime minister. He never took orders from Sar Kheng, his nominal boss as minister for the interior.

In the aftermath of a bloody power struggle in 1997 between partners in the coalition government, many royalist generals were captured and killed in cold blood. Hok Lundy played a key part in these mopping-up operations and extrajudicial executions. A Funcinpec (royalist) party minister, Ho Sok, was detained at the interior ministry and shot dead by a police unit there. It is known that Sar Kheng had ordered the police to ensure Ho Sok's safety, but Hok Lundy chose to handle things his own way, according to high-ranking sources close to the minister.

This was later confirmed by Heng Pov, the former Phnom Penh police chief, after he fell out with Hok Lundy. While he was on the run from criminal charges stacked against him, Heng Pov accused Cambodia's police supremo and security chief not only of murdering Ho Sok, but also the union leader Chea Vichea and film star Piseth Pilika, in revelations to the French magazine L'Express.

Diplomats in Phnom Penh routinely referred to Hok Lundy as a "thug". This reputation was further enhanced by his role in the burning of the Thai embassy in January 2003. The police chief, who was normally no fan of demonstrators, had permitted anti-Thai protestors to run riot, attacking Thai-owned properties all over Phnom Penh. In the aftermath of this violence he persuaded the prime minister to sack the capital's popular governor, his arch-rival Chea Sophara, as a scapegoat.

That Hun Sen sided with his police chief was no surprise, as Hok Lundy had already married his daughter off to one of Hun Sen's sons, thus consolidating close family ties among Cambodia's clannish ruling elite.

Lundy was also implicated in drug trafficking, the return of refugees to countries where they faced persecution and human trafficking. Two US Drug Enforcement Agency officials and a former unnamed US ambassador to Cambodia confirmed to Human Rights Watch that the US government was aware of Hok Lundy's involvement in drug trafficking. In February 2006, the US State Department's human trafficking office specifically cited Hok Lundy's alleged involvement in human trafficking as grounds for denying him a visa. That decision was linked to a brothel raid in December 2004, after which Hok Lundy reportedly ordered the release within hours of several traffickers, before an investigation could be conducted.

However, after 9/11 the Cambodian government had become cooperative in the war on terrorism. In March 2006, the month after the refusal of a visa, the FBI nonetheless awarded Hok Lundy a medal for his support for the US global war on terrorism, and the US ambassador to Cambodia, Joseph Mussomeli, praised Lundy's cooperation with the US in drug trafficking and human smuggling. State Department officials confirmed at the time that Hok Lundy had been invited to visit the FBI specifically because of his purported cooperation in counterterrorism. When, in April 2007, the FBI invited him to Washington for such discussions, Brad Adams, Human Rights Watch's Asia director, commented: "Hok Lundy's alleged involvement in political violence and organised crime in Cambodia means that the FBI should be investigating him, not hosting him."

The sudden death of a man who had made many enemies has sparked much speculation in Cambodia that the helicopter crash may not have been an accident, despite reports of bad weather. The helicopter caught fire, and the government has promised an investigation. Many people would have cause to celebrate the death of Cambodia's Mr Untouchable.

A French online agency, K-Set, has reported that Chea Mony, the brother
of the slain trade unionist and presidentof the Free Trade Union of Workers in the Kingdom of Cambodia, has said that the death of the top policeman means that the number of murders of politicians, entertainers and Cambodian reporters will undoubtedly be reduced, but regrets that he was never brought to justice.

Hok Lundy, soldier and police chief, born 1950; died November 9 2008

Labels: American Politics, Chea Vichea, Corruption, CPP, Ho Sok, Hok Lundy, Human Traffic, hun sen, MARCH 30 1997, UN Human Rights Report

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Tuesday, July 22, 2008

Towards Hun Sen's Cambodia

Towards Hun Sen's Cambodia

By Craig Guthrie

PHNOM PENH - Even though Cambodia goes to the polls Sunday for the country's fourth general election since Vietnamese occupation ended in 1989, Prime Minister Hun Sen can comfortably escape the chaotic campaign noise in his heavily guarded, villa-studded compound in suburban Phnom Penh and light up a well-earned 555 cigarette - his smoke of choice since his soldiering days.

The one-eyed, chain-smoking "Strongman of Cambodia" could play a casual round of golf at the private course kept groomed at the complex known to locals as the "Tiger's Lair", or maybe take a helicopter trip from the adjacent military airfield used to whisk him up and down his impoverished nation. In fact, as his foes rally and march around the capital, it probably doesn't matter much what Hun Sen does.

Outside in the streets, colorful campaign convoys are clogging Phnom Penh's frangipani-lined boulevards, with truck-mounted bullhorns and the frenetic clashing of cymbals and drums promoting their respective candidates. The scenes are colorful and vibrant, the atmosphere intense, but many say the underlying political picture is actually black and white.

By all accounts, 57-year-old Hun Sen, in power since 1985, has little to worry from the oncoming polls; in recent months he has increasingly consolidated his hold over the electorate through a masterful opera of jibes, scaremongering and gold-toothed charm.

By outfoxing an already fractured opposition, wooing billions in foreign investment and artfully placating the once-powerful labor movement and previously hostile superpowers, the master manipulator has again outmaneuvered his rivals.

Hun Sen - riding a booming economy, hard-won social stability and a vast network of patronage and blood relations [One big happy family in Cambodia, Asia Times Online, March 20, 2007] - has all but ensured that he and his formerly communist Cambodian People's Party (CPP) will head the country when the potentially boundless riches from oil deposits, found by Chevron off the southwestern coast, begin to flow.

Hun Sen is in full grip of the nation's institutions and tightly aligned with its wealthiest tycoons. He has predicted that his CPP machine will win 81of the National Assembly's 123 seats and 73% of the vote. The margin of victory is probably immaterial, since the country, as proposed by opposition party leader Sam Rainsy, adopted a 50-plus-one seat requirement in 2004 to form a government, replacing the previous two-thirds of the vote rule. The proposal was passed to avoid a repeat of the political stalemates which destabilized the country following the 1998 and 2003 elections, and resulted in fractious coalition governments.

Even so, Hun Sen has been openly deriding his opponent's chances for months. In recent weeks he has told them they can "stay at home" on election day, and has announced that he himself will sit out the last few weeks of the campaign in order to avoid "verbal confrontations".

In another speech, the prime minister pre-picked his cabinet while comparing his management style to Manchester United's football manager Alex Ferguson. This is classic Hun Sen: a powerful orator who mixes paddy-field populism, personal potshots and home-spun humor to embolden his allies and intimidate his foes. In 2006, he laughed at a foiled government attack, saying in a speech reported by the Phnom Penh Post: "I know all. Even if you farted, I would still know. You cannot hide from me."

In the past he has said he has no intention of standing down as prime minister until he is at least 90 years old. This would be a remarkable run: he became the Vietnamese-backed premier of Cambodia in 1985, when he was 33.

As the country some call Asia's "best kept secret" heads into its Fourth Mandate - what the new government will be called - Cambodia is more than ever Hun Sen's nation. This sits poorly with his legion of critics, some of whom have labeled the CPP regime a corrupt "kleptocratic elite" with little regard for the millions of rural rice farmers living in abject poverty. Others, including diplomats, say worse.

In 2006, UN high commissioner for human rights Louis Arbour called the problems within the Cambodian judiciary "profound". Dr Lao Mong Hay, senior researcher at the Asian Human Rights Commission, wrote in a June 18 editorial,

...institutions remain subject to the control inherited from pre-1993 communist days, and are utilized to serve the interests of the ruling class rather than those of the people. Although Cambodia has held periodic elections, and preparations for the forthcoming election are underway, its multi-party, liberal democracy has little substance

The National Election Committee is regularly accused by the opposition of a lack of independence, and many independent election monitoring groups have alleged that state resources and media have been deployed to the ruling party's electoral advantage.

"Never assume that Cambodia is a democracy," said Chea Vannath, a political commentator. "If a democracy is when a nation is ruled by a government chosen by its people, yes, Cambodia is democratic. But in terms of governance, Cambodia is a different story. There is no check and balance on the executive branch, the judiciary or the monarchy."

In recent weeks he has also even veered away from an earlier commitment to adopt a long-awaited draft anti-corruption law, which foreign donors and civil society groups have long clamored for. And he's deployed old-fashioned scaremongering to justify the controversial move.

"Will corrupt officials agree to any confiscation of their riches? No. Then war will erupt," said Hun Sen in a speech broadcast on national radio at the end of May. "After confiscating for a while, all the rich people will all become poor - as in Khmer Rouge times - more than 3 million people will be destroyed. Don't play with that," he said.

A temple revisited

The country's millions of impoverished farmers and fishermen, for years saturated with state-controlled media looping four-hour-long Hun Sen speeches interspersed with reels of CPP officials handing over packs of instant noodles to needy villagers, are likely headed towards five more years of inequality, drudgery, and bad TV.

The premier's media-influenced popularity was recently pushed to greater heights by the listing last week of the Preah Vihear temple complex as a United Nations Educational, Scientific and Cultural Organization (UNESCO) national heritage site. When the decision was announced live on national channel CTN, Hun Sen's image was shown with revolving stars around it. A televised concert held to celebrate the listing was attended by hosts regularly shouting words of support for Hun Sen among other cheers of national glory.

The ensuing border tension with Thailand over the controversial listing will be a strong test of his government's ability to stand up to stronger neighbors before a watchful Cambodian public in the heat of an election season. Aside from the temple tiff, a closer look at the less-monitored countryside has revealed that the level of political killings, threats and intimidation that have marred previous elections has substantially diminished in the run-up to this weekend's polls.

But the lack of violence is probably more a testament to the CPP's successful vanquishing of the opposition Sam Rainsy Party's (SRP) grassroots machinery. The opposition's hardship has been brewing for months, due in part to some deft political maneuvers by Hun Sen and the CPP political machine. But their spectacular collapse in the lead-up to the July 27 election has still surprised many political observers. The SRP has been deflated by the defection of more than 20 high profile lawmakers and tens of thousand of grassroots members party executives claims the CPP has bought to switch sides.

"We have seen a people buying campaign ... Prime minister Hun Sen actively seeks out SRP members by using money as bait Each member receives at least US$2,000, and those with high positions in the SRP receive US$200,000," said Rainsy in a recent letter. "I am worried and feel pity for those [defectors] who get cheated. After the election they will be kicked out," he said. Hun Sen responded by saying that SRP defectors "are not goods or animals to be bought and sold".

The SRP has been left meek, and hoping for a highly unlikely post-election "people power" movement to challenge a CPP-dominated government. The SRP campaign has revolved mostly around the now globally recognized opposition stratagem of pointing to high oil and food prices as the incumbent government's failure to serve its people. But both strategies seem doomed to failure: a planned "mass rally" of SRP supporters against inflation saw a mere 300 supporters turn out, leading Hun Sen to quip that a local midget comedian usually has more people in his audience.

The punch-drunk party has also lost one of its more meaningful friends in the trade unions movement, which has the power to mobilize hundreds of thousands of garment and factory workers in a mass protest. The leader of the largest union, Chea Mony - whose brother popular SRP-affiliated union leader Chea Vichea was gunned down in 2004 - announced earlier this year the bloc was withdrawing from politics. The decision almost immediately followed Hun Sen's announcement of a $6 monthly increase to garment workers monthly salaries - bringing them to $56.

The loss of the trade unions - the largest organized sector in Cambodia - is a double blow to Rainsy, who, along with Chea Vichea and Ou Mary, founded the labor movement in 1996.

Opposition off the rails

Rainsy, a former minister of finance who was sacked for complaining about corruption, has tried another political tack. In several well-publicized broadsides, he has attacked the personal backgrounds of what he claims to be former Khmer Rouge members in Hun Sen's government. He recently alleged to supporters at a Buddhist ceremony at the Choeung Ek "killing fields" that CPP stalwart and Foreign Minister Hor Namhong was once chief of the Khmer Rouge-run Boeung Trabek "re-education" center, where thousands of diplomats and intellectuals were interred before execution.

Hor Namhong rebuked the accusation, claiming he was instead a liaison between the prisoners and the wardens at the camp and insisting that several of his close family members were executed there. He filed a defamation lawsuit against Rainsy, but the salvo provided little political capital for the SRP. The arrest of an opposition-aligned newspaper editor who reprinted Rainsy's allegations drew international condemnation, but hardly enough to improve the SRP's electoral chances. Nor has international outcry over the assassination of SRP-aligned journalist Khim Sambor and his son, who were shot and killed in a drive-by shooting on July 11.

The other main opposition party, the royalist Funcinpec, has also disintegrated in the run-up to the polls. Crafty, almost choreographed, moves saw the party's past leader and erstwhile Hun Sen rival, Prince Norodom Ranariddh, ousted in an inter-party coup. The move was orchestrated by Nhiek Bun Chhay, secretary general of the party and a former defense minister. Funcinpec is still the coalition partner of the CPP, but since the ouster of Ranariddh, has been widely seen as a puppet of the ruling party.

Ranariddh was subsequently convicted for pocketing $3.6 million from the sale of Funcinpec's former headquarters and sentenced to 18 months imprisonment, a move some have attributed to Hun Sen's alleged influence over the courts. He fled the country in December 2005, and has since resorted to giving telephone speeches to embattled supporters of his new Norodom Ranariddh Party from self-exile in Malaysia.

In June, Ranariddh reportedly sent Hun Sen a humbling private note asking for the return of his private jet. Meanwhile, his magnificent $2 million colonial-era villa in the center of Phnom Penh has already been sold off by the government to the Foreign Correspondents Club of Cambodia, which plans to turn it into a carbon-friendly boutique hotel. Hun Sen has said Ranariddh will be "handcuffed and taken to jail", if he returns to Cambodia and has blocked any chance or a royal pardon.

The fledgling Human Rights Party, led by self-styled people's champion Kem Sokha and backed by controversial former head of state Pen Sovann, is assured of winning at least a handful of seats. The party may have carved a small nationalist niche among the electorate, and like the SRP is known to have had US backers. Sokha left his previous organization, the Cambodian Center for Human Rights, under a cloud of scandal as 16 former employees accused him of corruption and embezzlement from the US-financed group.

Despite Sokha's grassroots popularity, his HRP is not seen as a major threat to the CPP juggernaut. Nor is the US seen as overtly supporting any particular opposition party, as it has been perceived of in the past. Washington, which in 2004 threatened Cambodia with sanctions for lack of progress on trafficking issues, has since given the nation a glowing report its latest human trafficking report.

The US Embassy in Phnom Penh has commended the lack of violence in this year's election build-up, though it reacted strongly and offered Federal Bureau of Investigation assistance following the murder of Sambor. Washington has taken a softer line towards Cambodia in the past year as China moves to increase its local influence. After Chevron's apparent discovery of oil and gas, the US this year lifted a 10-year ban on direct aid to Cambodia in February and re-started direct military aid in May.

Assuming that the oil and gas deposits are actually there, an energy bonanza would profoundly change the Cambodian economy and its terms of trade. Drilling by a Singaporean firm began in mid-July and state and private companies from China, South Korea, Japan and France are currently negotiating contracts related to the find. Although the government is still awaiting a key assessment from Chevron, estimates range from anywhere between $200 million to $2 billion a year in potential revenues.

That should provide plenty of resources for Hun Sen to further consolidate his political dominance, and if this weekend's elections produce the landslide win for his CPP many analysts project, could signal the beginning of a new era of one-party rule in Cambodia.

Craig Guthrie is a reporter for the Mekong Times newspaper in Phnom Penh. He has covered Cambodian affairs since 2004.

(Copyright 2008 Asia Times Online (Holdings) Ltd. All rights reserved. Please contact us about sales, syndication and republishing.)

Labels: Chea Vichea, CPP, Election, hun sen, Sam Rainsy, Sam Rainsy Party, SRP

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Tuesday, April 01, 2008

Cambodia: Infamous Grenade Attack Still Unpunished

Sam Rainsy following the grenade attack

A wounded Chea Vichea (L) sitting next to Sam Rainsy following the attack

Scene of the carnage following the grenade attack on 30 March 1997
FBI Should Revive Probe of Alleged Perpetrators Promoted by Hun Sen
Source: Human Rights Watch - http://hrw.org/english/docs/2008/03/30/cambod18404.htm

(New York, March 30, 2008) – The US Federal Bureau of Investigation (FBI) should reopen its long-stalled investigation into the grisly grenade attack on an opposition party rally in Phnom Penh 11 years ago that left at least 16 dead and more than 150 injured, Human Rights Watch said today. The FBI investigation, which made significant progress in 1997, has been effectively abandoned.

On March 30, 1997, a crowd of approximately 200 supporters of the opposition Khmer Nation Party (KNP), led by former Finance Minister Sam Rainsy, gathered in a park across the street from the National Assembly to denounce the judiciary’s corruption and lack of independence. In a well-planned attack, four grenades were thrown into the crowd, killing protesters and bystanders, including children, and tearing limbs off street vendors. The grenade attack made headlines and provoked outrage around the world. On June 29, 1997, the Washington Post wrote:

"In a classified report that could pose some awkward problems for U.S. policymakers, the FBI tentatively has pinned responsibility for the blasts, and the subsequent interference, on personal bodyguard forces employed by Hun Sen, one of Cambodia’s two prime ministers, according to four U.S. government sources familiar with its contents. The preliminary report was based on a two-month investigation by FBI agents sent here under a federal law giving the bureau jurisdiction whenever a U.S. citizen is injured by terrorism. ... The bureau says its investigation is continuing, but the agents involved reportedly have complained that additional informants here are too frightened to come forward."

"The FBI was close to solving the case when its lead investigator was suddenly ordered out of the country by the US ambassador, Kenneth Quinn," said Brad Adams, Asia director at Human Rights Watch. "The FBI has damning evidence in its files that suggests that Prime Minister Hun Sen ordered the attack, but it has refused to fully cooperate with congressional inquiries or follow through on its initial investigation. Instead of trying to protect US relations with Cambodia, it should now finish what it started."

The FBI investigated the attack because Ron Abney, a US citizen, was seriously injured in the blast, which the United States at the time deemed to be an "act of terrorism." Abney had to be evacuated to Singapore to treat shrapnel wounds in his hip.

Instead of launching a serious investigation, then co-Prime Minister Hun Sen announced that the demonstration’s organizers should be arrested and instructed police not to allow them to leave the country. (To read an Agence France-Presse account published at the time, please visit: http://hrw.org/english/docs/2006/03/28/cambod13086.htm).

On the day of the attack, Hun Sen’s personal bodyguard unit, Brigade-70 (B-70), was, for the first time, deployed at a demonstration. Photographs show them in full riot gear. The police, which had in the past maintained a high-profile presence at opposition demonstrations to discourage public participation, had an unusually low profile on that day. Officers were grouped around the corner from the park, having been ordered to stay away from the park itself. Also for the first time, the KNP had received official permission from both the Ministry of the Interior and the Phnom Penh municipality to hold a demonstration, fuelling speculation that the demonstration was authorized so it could be attacked.

Numerous eyewitnesses reported that the persons who had thrown the grenades were seen running toward Hun Sen’s bodyguards, who were deployed in a line at the west end of the park near the guarded residential compound containing the homes of many senior Cambodia People’s Party leaders. Witnesses told United Nations and FBI investigators that the bodyguard line opened to allow the grenade-throwers to escape into the compound. Meanwhile, people in the crowd pursuing the grenade-throwers were stopped by the bodyguards at gunpoint and told they would be shot if they did not retreat.

"This brazen attack, carried out in broad daylight, ingrained impunity more than any other single act in recent Cambodian history," said Adams. "But that appears to have been one of its purposes – to send the message that opposition supporters can be murdered without ever facing justice."

In a June 1997 interview with the Phnom Penh Post, Hing Bun Heang, deputy commander of Hun Sen’s bodyguard unit and operationally in charge of the bodyguards at the park on March 30, 1997, threatened to kill journalists who alleged that Hun Sen’s bodyguards were involved. Hing Bun Heang has since been promoted as deputy director of Hun Sen’s cabinet and, in September 2006, appointed as supreme consultant to Cambodia’s Senior Monk Assembly and assistant to Supreme Patriachs Tep Vong and Bou Kry.

The bodyguard unit B-70 remains notorious in Cambodia for violence, corruption, and the impunity it enjoys as the de facto private army of Hun Sen. According to a 2007 report by the nongovernmental organization Global Witness, "The elite Royal Cambodian Armed Forces Brigade 70 unit makes between US$2 million and US$2.5 million per year through transporting illegally logged timber and smuggled goods. A large slice of the profits generated through these activities goes to Lieutenant General Hing Bun Heang, commander of the prime minister’s Bodyguard Unit."

In one notorious case in 2006, two soldiers from B-70 shot a Phnom Penh beer promotion girl in the foot for being too slow to bring them ice. They were arrested by military police, but released hours later by their commander. A representative of the commander said the victim would be paid $500 compensation by B-70, but no criminal investigation or prosecution ensued.

"Instead of investigating the senior officer in charge of the bodyguard unit implicated in the 1997 grenade attack and who threatened to kill journalists reporting on it, Hun Sen has promoted him,” said Adams. “Apparently, Hun Sen considers such a person qualified for a senior position in the country’s official Buddhist hierarchy."

Given the serious and credible allegations of the involvement of the Cambodian military in the grenade attack, Human Rights Watch expressed concern that the United States has increased military assistance and training to the Cambodian military before it completed its investigation into the 1997 attack.

Human Rights Watch called on the US to ensure that it is not providing any assistance or training to current or former members of B-70 or other Cambodian special military units with records of human rights abuse. In an effort to solidify counterterrorism cooperation, the FBI in 2006 awarded a medal to the Cambodian Chief of National Police Hok Lundy for his support in the US "global war on terror." Hok Lundy was chief of the national police at the time of the grenade attack and has long been linked to political violence.

"No credible explanation has ever been offered for the deployment or behavior of Hun Sen’s bodyguards on March 30, 1997," said Adams. "Their actions may reach the highest levels of the Cambodian government, yet the FBI investigation has been dropped. The fact that the US is providing military assistance instead of investigating the grenade attack shows that it is effectively complicit with the Cambodian government in abandoning any hope for justice for the victims of this horrific attack."

Labels: Chea Vichea, IRI, MARCH 30 1997, Ron Abney, Sam Rainsy, SRP

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