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The Supreme Court Releases Born Samnang and Sok Sam Oeun – Friday, 2.1.2009

The Mirror, Vol. 13, No. 593

“Phnom Penh: This is a rare and almost incredible decision in the Cambodian court system during these latest decades. The Supreme Court decided to provide justice to Born Samnang and Sok Sam Oeun by releasing them from prison [on bail]. This was decided by the Supreme Court on 31 December 2008 during the hearing on the murder of Mr. Chea Vichea.

“After a four-hour hearing, the president of the Supreme Court who was presiding over the panel of five judges, the judge Dith Munty, announced to return the murder case of Mr. Chea Vichea to the Appeals Court for reinvestigation and retrial. The Supreme Court decided also to release Born Samnang and Sok Sam Oeun on bail, but requires them to be present on the dates that the court authorities decide.

“Judge Dith Munty explained that this decision was made because the murder case of the former president of the Free Trade Union of Workers of the Kingdom of Cambodia five years ago needs further investigation, as there are gaps in the procedures, and there is insufficient evidence.

“After the decision of the Supreme Court, the accused Born Samnang and Sok Sam Oeun were immediately brought back to the PJ prison, to wait for the release order from the Supreme Court.

“This decision was welcomed by the families of the released, by civil society organizations, and by the embassies observing the murder case of Mr. Chea Vichea; and the decision was considered to be a new turning point for the Cambodian court system.

“With great happiness, Born Samnang’s parents, Ms. Nuon Kimsry and Mr. Voun Phon, expressed their satisfaction beyond words, outside of the court room, considering that the court had really brought justice.

“The president of the Cambodian Independent Teachers’ Association, Mr. Rong Chhun, who observed the hearing with keen interest, welcomed the Supreme Court’s decision. This decision is a new turning point in the court system in Cambodia. Now impunity will be eliminated in future by the correct implementation of the law.

“Representatives of several embassies had observed the hearings of the Supreme Court, and the US Embassy released a statement welcoming the decision to release the accused Born Samnang and Sok Sam Oeun [on bail].

“A few days before the hearing, the Office for the High Commissioner for Human Rights in Cambodia, Human Rights Watch, the International Trade Union Confederation, the Observatory for Protection of Human Right Defenders, Amnesty International, and the Treatment Committee, 21 organizations of human rights defenders communities, had released statements asking the Supreme Court to provide justice to the accused Born Samnang and Sok Sam Oeun. Civil society organizations believed that both of them are not the real murderers oft Mr. Chea Vichea.

“A Secretary of State of the Council of Ministers, Mr. Phay Siphan, said that the decision of the Supreme Court about the murder of Mr. Chea Vichea is not related to reforms of the court system. He said also that that decision was not made according to someone else’s will or according to political considerations. It is a decision on which no one has the power to influence it, it is the will of the judges who have brought suspicions to an end through the process of the law.

“However, analysts of the murder case of Chea Vichea think that the Supreme Court made this decision because some of the police who built this case (Heng Pov’s group) are mostly criminals, and are now detained. Another point is that Mr. Heng Pov had also said that the former powerful police chief, who had recetly died, was also involved in the murder case of Mr. Chea Vichea. Therefore it is now the time that the Supreme Court acts independently to provide justice to the accused, Born Samnang and Sok Sam Oeun, who were imprisoned nearly five years.

“It should be noted that during the hearing of the Supreme Court on 31 December 2008, both Born Samnang and Sok Sam Oeun claimed that they are not the real murderers who shot dead Mr. Chea Vichea. As for the defense lawyers of the accused Born Samnang and of Sok Sam Oeun, they raised arguments to defend both of them. Sok Sam Oeun’s defense lawyer, Mr. Hong Kimsuon, claimed that both suspects are just persons that the police used to play a farce. Born Samnang’s defense lawyer, Mr. Chum Sovannaly, claimed that Born Samnang’s confession in this case is only a creation by the police who are incompetent [to arrest the real murderers]. They are Mr. Heng Pov’s group who persuaded and used money to lure Born Somnang and created fake evidence to put blame on both.

“The accused Born Samnang and Sok Sam Oeun had been arrested on 28 January 2004 and were convicted to serve 20 years in prison by the Phnom Penh court, for killing Mr. Chea Vichea on 22 January 2004.” Rasmei Kampuchea, Vol.17, #4783-#4784, 1-2.1.2009

Newspapers Appearing on the Newsstand:
Friday, 2 January 2009

Chakraval, Vol.17, #2838, 2.1.2009

  • Police Has a Spokesperson; [Major-General Kiet Chantharith] Becomes the Spokesperson

Deum Ampil, Vol.3, #103, 2-6.1.2009

  • Economist: Prices Can Drop As Long as There Is Intervention from the Government
  • Olympic Market Vendors Protest against the Thai Bunrong Company That Asks Them to Pay Vendors Stalls’ Prices 6 Months before Contracts End
  • Israel Rebuffs the United Nations’ Request for a Cease Fire
  • 10,000 Iranians Volunteer to Register Their Names to Commit Suicide Bombings in Israel

 
Kampuchea Thmey, Vol.8, #1835-#1836, 1-2.1.2009

  • Rare Photos Describing Events 30 Years Ago [about the victory over the Khmer Rouge regime on 7 January 1979] Are to Be Exhibited Next Week [at the Wat Phnom Exhibition Center]
  • 266 People Died and 1,103 Were Injured by Traffic Accidents in Phnom Penh in 2008
  • Being Discouraged by Poverty and Being Handicapped, a Man Decided to End His Life by Setting Himself and His House on Fire [Banteay Meanchey]

 
Khmer Machas Srok, Vol.2, #317, 2.1.2009

  • It Is Time to Call [former Phnom Penh police chief, now jailed in Prey Sar Prison] Heng Pov to Reveal the Farce That He Made after the Murder of Chea Vichea [because he had organized to force Born Samnang and Sok Sam Oeun to confess that they killed Mr. Chea Vichea]
  • On 5 January 2009 Human Rights Watch Will Release a Book about Yuon [Vietnamese] Violations against Monks and against Khmer Krom People

 
Khmer Sthapana, Vol.2, #173, 1.1.2009

  • [Royal Cabinet advisor] Prince Sisowath Thomico Appeals to Royal Family Members to Stop Doing Politics
  • Deaths from Dengue Fever in Cambodia Declined [from 407 people in 2007 to 65 people in 2008]

 
Koh Santepheap, Vol.41, #6540-#6541, 1-2.1.2009

  • Observation during the First Day of the Implementation of the Traffic Law in Phnom Penh Shows that 85% of Drivers Wear Helmets
  • Cambodian Railways Concludes Work in 2008 and Issues Directions for 2009 [in 2008, 233,854 tonnes of goods and 4,924 passengers transported
  •  

Rasmei Kampuchea, Vol.17, #4783-#4784, 1-2.1.2009

  • The Supreme Court Releases Born Samnang and Sok Sam Oeun
  • Buddhist Circles Ask that the ‘Where Elephants Weep’ Opera Apologizes and Stops Performing [because there is criticism by some Buddhists and Monks in the audience. – Note: As this is an opera, all actors sing, also the monks – which seems to have been the rigger for the complaint; on TV station canceled already a program where it had been announce that ‘Where Elephants Weep’ would be broadcast]
  • In 2008, the Government Borrowed US$279.5 Million [and received US$109.3 million as grant aid from financial institutions and foreign countries – according to the Ministry of Economy and Finance]
  • [Father King] Samdech Euv Is Admitted to a Beijing Hospital for Blood Transfusion [because of leukemia]
  • The United States of America Trains Cambodian Officials about Oil Resources Management
  • The US Embassy Welcomes the Decision of the Supreme Court over [the president of Cambodian Free Trade Union of Workers] Mr. Chea Vichea’s Case [where Born Samnang and Sok Sam Oeun were released on bail]
  • Cambodia Joins to Share Condolences for the Death of Former Malaysian King [Tuanku Ja’afar Ibni Al-Marhum Tuanku Abdul Rahman – at the Malaysian Embassy in Phnom Penh]
  • Eldest Daughter of Samdech Akkak Moha Senapadei Dekchor Hun Sen [Hun Mana] Gets Married [to Mr. Dy Vichea, a Son of the former Director General of the National Police Hok Lundy, who recently died in a helicopter crash,]
  • Fire in a Night Club in Bangkok Killed 60 People Crossing from 2008 to 2009 [it is said that the fire was caused by firecrackers released inside of the club]

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