Updated
The United Nations has called for charges to be dropped against two Cambodian men accused of killing trade union leader Chea Vichea in 2004. The men spent years in jail, but campaigning by Cambodian and international human rights groups who believe they are scapegoats, led to them being released on bail in January. Now, the Appeal Court has ordered that the case be re-investigated.
Presenter: Liam Cochrane
Speakers: Brad Cox, director the documentary, 'Who Killed Chea Vichea?'
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COX: I agree 100 per cent [that charges should be dropped against Born Samnang and Sok Sam Ouen]. For the last five years they've tried to build the case; they've never produced any credible evidence and so its a long time coming. These guys should have been never even arrested in the first place.
COCHRANE: And why were they arrested?
COX: Ah, well there're a lot of theories of why they were arrested. There was a lot of international pressure on the government and the police to make an arrest on the case, it was very high profile. Chea Vichea was known internationally as well as nationally and it appears they needed a couple of scapegoats and these two guys fell in their laps and that's who they decided to go with. One of them wasn't even in Phnom Penh, he was 40 miles away on the day of the killing but from the police perspective that didn't seem to matter. They were used as scapegoats anyway.
COCHRANE: Now you talk of "they" needing scapegoats... Outside the court this week Chea Vichea's brother, Chea Mony, repeated allegations he's made before that the government was involved in his brother's murder. And Khieu Sopheak, the Ministry of Interior spokesman threatened to take him to court over those kind of statements. Has your investigation uncovered any evidence of the authorities being involved in Chea Vichea's death?
COX: Well, I'm not sure what evidence when Chea Mony said that he said that the government killed his brother. What I do know is that the police, led by Hok Lundy and Heng Pov, did deliberately frame the two men in the case - I prove that in the movie that is being released next month. The question is, 'Who told the police to frame these guys and why?' My guess is that Chea Mony assumes that the government had to tell the police how to do this because, who else is there to tell the police? I assume that's his reasoning, but you'd have to ask him, I'm not really sure.
COCHRANE: Now Chea Vichea wasn't the only prominent figure killed around that time. Can you tell us briefly about some others and what's happened with those cases?
COX: Well in the year before he was killed, there was a slew of murders, mostly politically-related. In the beginning of 2003, there was monk, Sam Bun Thoeun, who was urging monks to vote, who strongly supported the opposition. There was Om Radsady, who was a very close adviser to Prince Norodom Ranariddh, who was the president of the FUNCINPEC party.
COCHRANE: And what's happened as a result of these kinds of cases? Have there been investigations? Have there been convictions?
COX: Well all these cases are similar in many ways. Number one, almost all of them were killed by two men on a motorbike. All these cases were investigated by Heng Pov, of the Phnom Penh police. All of these have had very unsatisfactory conclusions - either no-one was arrested or the people who were arrested, like in the Chea Vichea case, were obviously innocent of the case.
COCHRANE: Now we've heard earlier about the Khmer Rouge tribunal as an important step in establishing some kind of bottom line of justice in Cambodia. How important is this case in terms of establishing a strong position on impunity?
COX: Well, I think this case is a good example of the impunity that continues to exist there and this case is very similar to a lot of other murder cases, some of which I just mentioned to you now and there are others even from that same time period. I think if the government was serious about finding justice for these people, then you would see some of these cases being satisfactorily concluded. But that isn't the case and there's wide speculation that the courts are controlled by the government; they're told how to handle cases, anything that is political has to go through them and so they end up what is best for them and justice has very little to so with it.
COCHRANE: And why were they arrested?
COX: Ah, well there're a lot of theories of why they were arrested. There was a lot of international pressure on the government and the police to make an arrest on the case, it was very high profile. Chea Vichea was known internationally as well as nationally and it appears they needed a couple of scapegoats and these two guys fell in their laps and that's who they decided to go with. One of them wasn't even in Phnom Penh, he was 40 miles away on the day of the killing but from the police perspective that didn't seem to matter. They were used as scapegoats anyway.
COCHRANE: Now you talk of "they" needing scapegoats... Outside the court this week Chea Vichea's brother, Chea Mony, repeated allegations he's made before that the government was involved in his brother's murder. And Khieu Sopheak, the Ministry of Interior spokesman threatened to take him to court over those kind of statements. Has your investigation uncovered any evidence of the authorities being involved in Chea Vichea's death?
COX: Well, I'm not sure what evidence when Chea Mony said that he said that the government killed his brother. What I do know is that the police, led by Hok Lundy and Heng Pov, did deliberately frame the two men in the case - I prove that in the movie that is being released next month. The question is, 'Who told the police to frame these guys and why?' My guess is that Chea Mony assumes that the government had to tell the police how to do this because, who else is there to tell the police? I assume that's his reasoning, but you'd have to ask him, I'm not really sure.
COCHRANE: Now Chea Vichea wasn't the only prominent figure killed around that time. Can you tell us briefly about some others and what's happened with those cases?
COX: Well in the year before he was killed, there was a slew of murders, mostly politically-related. In the beginning of 2003, there was monk, Sam Bun Thoeun, who was urging monks to vote, who strongly supported the opposition. There was Om Radsady, who was a very close adviser to Prince Norodom Ranariddh, who was the president of the FUNCINPEC party.
COCHRANE: And what's happened as a result of these kinds of cases? Have there been investigations? Have there been convictions?
COX: Well all these cases are similar in many ways. Number one, almost all of them were killed by two men on a motorbike. All these cases were investigated by Heng Pov, of the Phnom Penh police. All of these have had very unsatisfactory conclusions - either no-one was arrested or the people who were arrested, like in the Chea Vichea case, were obviously innocent of the case.
COCHRANE: Now we've heard earlier about the Khmer Rouge tribunal as an important step in establishing some kind of bottom line of justice in Cambodia. How important is this case in terms of establishing a strong position on impunity?
COX: Well, I think this case is a good example of the impunity that continues to exist there and this case is very similar to a lot of other murder cases, some of which I just mentioned to you now and there are others even from that same time period. I think if the government was serious about finding justice for these people, then you would see some of these cases being satisfactorily concluded. But that isn't the case and there's wide speculation that the courts are controlled by the government; they're told how to handle cases, anything that is political has to go through them and so they end up what is best for them and justice has very little to so with it.
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