Interim Report - Report No 413, March 2026

Case No 2318 (Cambodia) - Complaint date: 22-JAN-04 - Active

Allegations: The complainant organization denounces the murder of three trade union leaders and the continuing repression of trade unionists in the country

1. 92. The Committee has already examined the substance of this case (submitted in January 2004) on numerous occasions since June 2005, and most recently at its March 2025 meeting where it issued an interim report, approved by the Governing Body at its 353rd Session [see 409th Report, paras 90–108]. 
2. 93. The Government provided its observations in written communications dated 16 September 2025 and 6 February 2026.
3. 94. 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).

A. Previous examination of the case

1. 95. In its previous examination of the case, the Committee made the following recommendations [see 409th Report, para. 108]:
   • (a) The Committee firmly urges the Government to ensure that the reinvestigation report submitted by the police on the murder of Chea Vichea contributes to bringing this long-standing case to a conclusion and to ensuring that the perpetrators and the instigators of this heinous crime are brought to justice. The Committee requests the Government to provide a copy of the reinvestigation report and to keep it informed of progress made in the judicial proceedings, including to provide the relevant judgment.
   • (b) The Committee urges the Government to provide all available information about the investigation into the circumstances of the murder of Hy Vuthy, including clarification as to the role played by Mr Phal Vannak and the outcome of the investigation which led to his conviction, as well as a copy of the Court of First Instance decision convicting Mr Phal Vannak.
   • (c) The Committee firmly expects that, in the event an investigation into the alleged acts of ill treatment and torture against Born Samnang and Sok Sam Oeun is requested by any of the parties to the National Commission on Reviewing the Application of the International Labour Conventions Ratified by Cambodia (NCRILC), the Government will take steps to ensure that such investigation is carried out without delay.
   • (d) The Committee expects the Government to keep it duly informed of any concrete action undertaken by the NCRILC to resolve the outstanding issues of this case and to effectively implement the Committee’s recommendations.
   • (e) The Committee once again draws the Governing Body’s attention to the serious and urgent nature of this case.

B. The Government’s reply

1. 96. In its communications dated 16 September 2025 and 6 February 2026, the Government provides observations regarding the outstanding recommendations of the Committee, specifically submitting judicial decisions and status updates concerning the murders of the trade union leaders.
2. 97. Regarding the murder of Chea Vichea, the Government submitted Supreme Court Judgment No. 239, dated 25 September 2013. The Government indicates that the Supreme Court overturned the previous conviction by the Court of Appeal (Judgment No. 114 “KR II” of 27 December 2012). The Supreme Court found that the confession of the accused, Born Samnang, was inconsistent with the evidence and obtained under duress, and therefore lacked evidentiary value. Furthermore, the Court noted significant irregularities in the forensic evidence and the confiscation of the alleged murder weapon, concluding that the procedures violated the rights of the accused. Consequently, the Supreme Court acquitted both Born Samnang and Sok Sam Oeun of premeditated murder, ordered their release, and relieved them of any civil liability. Notably, the Court ordered the Prosecutor to cooperate with the Phnom Penh Municipal Court to continue the investigation to identify the actual perpetrator of the murder of Chea Vichea.
3. 98. In its latest communication, the Government adds that the Phnom Penh Municipal Police has completed the reinvestigation into this case and submitted the report to the Prosecutor’s Office of the Phnom Penh Court of First Instance. Judicial proceedings are currently ongoing in the case. The Government asserts that although the reinvestigation faced challenges –including the passage of time, witness relocation, and limited cooperation from the victim’s family – it was conducted with the highest diligence. Regarding the Committee’s request for a copy of the reinvestigation report, the Government states that it cannot be provided, as the Code on Criminal Procedures prohibits the dissemination of accusatory materials to protect the presumption of innocence and maintain the confidentiality of the judicial investigation.
4. 99. Regarding the allegations of ill-treatment towards the wrongfully convicted individuals in this case, Born Samnang and Sok Sam Oeun, the Government states that to date, neither individual has filed a formal complaint of torture with the competent judicial authorities. The Government emphasizes that the judiciary cannot initiate proceedings in the absence of a formal complaint from alleged victims and that the National Commission on Reviewing the Application of International Labour Conventions Ratified by Cambodia (NCRILC) does not possess the mandate to initiate such criminal complaints.
5. 100. Regarding the murder of Hy Vuthy, the Government reports that the Phnom Penh Court of First Instance received and registered Criminal Case No. 2055 on 2 September 2010 against the accused, Mr Chan Sophon and Mr Phal Vannak. On 23 March 2012, the Court rendered Criminal Judgment No. 39, finding both accused guilty of premeditated murder committed on 24 February 2007. Both individuals were sentenced to 18 years of imprisonment in accordance with Article 3 of the Law on Aggravating Circumstances of Felonies. Following this judgment, the President of the Trial Chamber issued Arrest Warrant No. 184 against Mr Phal Vannak on 5 April 2012. The Government further indicates that a formal Notification of the Default Judgment was issued on 7 July 2017. However, according to the report of the Trapeang Thloeng police station, attempts to locate the convict have been unsuccessful, and he was not found to be residing in the village. The Government also provided Criminal Judgment No. 06 “K.B”, dated 6 February 2014, issued by the Phnom Penh Court of First Instance whereby it examined the case against the accused, Chan Sophon. The decision noted that during the hearings, the accused denied the charges, stating he was working in Kampong Speu province at the time of the incident and had no knowledge of the crime. The Court found that testimonies from the victim’s wife and various witnesses did not provide evidence linking Chan Sophon to the murder. Citing insufficient evidence to support the charge under Article 3 of the Law on Aggravating Circumstances of Crimes, the Court acquitted Chan Sophon and ordered the revocation of the arrest warrants previously issued against him. However, the Government reports that, despite the acquittal of Chan Sophon, Phal Vannak remained convicted in absentia by the Phnom Penh Court of First Instance and sentenced to 18 years of imprisonment. An arrest warrant remains in force against him. The Government affirms that the General Commissariat of National Police and immigration authorities are intensifying their search to locate him and enforce the judgment.
6. 101. Regarding the murder of Ros Sovannareth, the Government submits Appeal Judgment No. 66 “KR.SV”, dated 1 July 2019, issued by the Court of Appeal. This judgment followed a decision by the Supreme Court (Judgment No. 25 dated 2 March 2011), which had previously reversed a conviction and ordered a retrial. The Government’s documentation indicates that the Criminal Chamber of the Court of Appeal attempted to summon witnesses for the retrial but was unable to locate them. However, relying on previous testimonies from witnesses who identified the shooter from photographs, the Court of Appeal maintained that there was consistent evidence that the accused, Thach Saveth (known as Chan Sopheak), committed the crime. Consequently, the Court of Appeal convicted Thach Saveth of premeditated murder under Article 3 of the Law on Aggravating Circumstances of Crimes and sentenced him to 15 years of imprisonment. The Government takes due note of the progress in this case, stating that the perpetrator has been brought to justice and is serving his prison term.
7. 102. Finally, the Government highlights the role of the NCRILC, which met most recently on 26 August 2025, reaffirming the tripartite commitment to addressing the matters raised in the present case and monitoring the implementation of the Committee’s recommendations. The Government noted that representatives of trade unions and employers’ associations expressed support for the mechanism and that it continues to meet regularly to monitor implementation progress.

C. The Committee’s conclusions

1. 103. The Committee recalls that it has considered this serious and urgent case on numerous occasions which relates, inter alia, to the murder of Chea Vichea (January 2004), Ros Sovannareth (May 2004) and Hy Vuthy (February 2007), all three of whom were leaders of the Free Trade Union of Workers of the Kingdom of Cambodia (FTUWKC), and to the prevailing situation of impunity with regard to acts of violence against trade unionists. The Committee appreciates the efforts of the Government to provide the requested judicial decisions in relation to the cases examined.
2. 104. In relation to the reinvestigation of the murder of Chea Vichea (recommendation (a)), the Committee notes the Government’s latest indication that the Phnom Penh Municipal Police have completed the reinvestigation into this case and submitted the report to the Prosecutor’s Office of the Phnom Penh Court of First Instance. The Committee notes that the Government asserts that this reinvestigation was conducted with the highest diligence despite challenges such as the passage of time, witness relocation and alleged limited cooperation of family members. The Committee also notes the Government’s statement that it cannot provide a copy of the reinvestigation report due to procedural confidentiality rules. While taking note of the submission of the police report to the Prosecutor, the Committee must reiterate its deep regret that, more than 20 years after the murder of Chea Vichea and over a decade since the Supreme Court ordered a reinvestigation in 2013, no concrete results have yet been achieved in identifying and prosecuting the actual perpetrators and instigators of this crime. The Committee therefore firmly urges the Government to ensure that the judicial proceedings that result from the reinvestigation by the Phnom Penh Municipal Police are expedited without further delay and to keep it informed of any progress made, including the issuance of any court decisions.
3. 105. With regard to the allegations that Mr Born Samnang and Mr Sok Sam Oeun (who were wrongfully convicted for Chea Vichea’s murder and acquitted by the Supreme Court in September 2013) had been tortured and ill-treated, the Committee notes the Government’s reiteration that neither individual has filed a formal complaint and that the judiciary cannot initiate proceedings in the absence of such a complaint. The Committee also notes the Government’s clarification that the NCRILC does not possess the mandate to initiate criminal complaints. The Committee recalls that the Supreme Court Judgment No. 239 of 25 September 2013, provided by the Government, explicitly found that the confession of Born Samnang was obtained under duress and lacked evidentiary value. It recalls in this regard that Cambodia ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in 1992, and in 2007 also ratified the Optional Protocol to the CAT, which focuses on the prevention of torture through monitoring detention centres. Guaranteeing appropriate remedies, including accountability and redress in instances of torture, is fundamentally necessary to prevent a situation of impunity that is prejudicial to the exercise of trade union activities. However, regarding the specific allegations concerning Born Samnang and Sok Sam Oeun, the Committee notes the absence of any indication that acts of torture were related to the exercise of trade union rights. In light of this, the Committee will not pursue the examination of this aspect of the case..
4. 106. Concerning the investigation and judicial proceedings relating to the murder of Hy Vuthy (recommendation (b)), the Committee notes the detailed information provided by the Government regarding the role of Mr Phal Vannak. The Committee notes that, according to the Government, the Phnom Penh Court of First Instance rendered Criminal Judgment No. 39 (default judgment) on 23 March 2012, finding both Mr Chan Sophon and Mr Phal Vannak guilty of premeditated murder and sentencing them to 18 years of imprisonment. The Committee further notes that while Mr Chan Sophon was subsequently acquitted by Judgment No. 06 “K.B” of 6 February 2014 due to insufficient evidence, Mr Phal Vannak remains convicted in absentia. The Committee observes that an arrest warrant (No. 184) was issued for Mr Phal Vannak on 5 April 2012 and a Notification of the Default Judgment was issued on 7 July 2017, yet the convict remains at large. The Committee expresses its deep concern that, despite a conviction rendered more than a decade ago, the perpetrator has not been apprehended, and the judgment has not been enforced. This prolonged delay in the execution of a judicial decision reinforces a climate of impunity in turn reinforcing a climate of fear and uncertainty highly detrimental to the exercise of trade union rights. The Committee expects the Government to report on the specific efforts made by the authorities to ensure that the judicial decision is finally enforced.
5. 107. Finally, the Committee notes the information regarding the role of the NCRILC, which met most recently on 26 August 2025, reaffirming the tripartite commitment to addressing the matters raised in the present case before it. While acknowledging the Government’s engagement with this mechanism, the Committee must express its deep concern that despite the time that has elapsed since the establishment of this body in 2018, there has been no tangible progress in identifying and punishing the instigators of the murders of Chea Vichea and Hy Vuthy, nor in providing redress to those wrongfully convicted. The Committee expects the Government to continue utilizing the tripartite mechanism of the NCRILC to strictly monitor these cases and to keep it informed of concrete actions taken for their resolution, thereby moving beyond procedural updates to actual results addressing impunity.

The Committee’s recommendations

1. 108. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee firmly urges the Government to ensure that the judicial proceedings resulting from the reinvestigation by the Phnom Penh Municipal Police on the murder of Chea Vichea are expedited without further delay and to keep it informed of any progress made, including the issuance of any court decisions.
   • (b) The Committee expects the Government to report on the specific efforts made by the authorities to ensure that the judicial decision convicting Mr Phal Vannak for the murder of Hy Vuthy is finally enforced.
   • (c) The Committee expects the Government to continue utilizing the tripartite mechanism of the National Commission on Reviewing the Application of the International Labour Conventions Ratified by Cambodia (NCRILC) to strictly monitor the pending cases and to keep it informed of concrete actions taken for their resolution , thereby moving beyond procedural updates to actual results addressing impunity.
   • (d) The Committee once again draws the Governing Body’s attention to the serious and urgent nature of this case.