Phnom Penh Appeal Court has overturned the trial court’s guilty verdict of Wing Star Shoes union president Chea Chan, who has served six months in jail. Chan was arrested without a court warrant in February 2024 after his factory filed a complaint following his election as union leader.
Khun Leang Meng, a spokesperson of Phnom Penh Appeal Court, said the higher court had overturned Chea Chan’s conviction.
“The Phnom Penh Court of Appeal overturned Chea Chan’s theft sentence,” he added.
Chan was sentenced to one year in prison by the Kampong Speu provincial court on June 20 after being charged with being an accomplice to theft. But he had already been sent to prison in February. As of Wednesday, he had spent a total of six months there.
On Thursday morning, the appeals court declared Chan not guilty and set aside the Kampong Speu Court verdict.
Chan was jubilant after the decision, saying that it was just. The lower court ruling was unfair, because “I didn’t commit any crime”. He was also thankful to his stakeholders who helped him attain justice from the day he was arrested.
He is pleased to be back with his family again. Chan, who shared his six months experience in prison, said life was miserable as it was difficult to eat, drink or sleep. When he fell sick, there was not enough medicine.
“There was inadequate care provided. They gave the same medicine even though I had a different illness,” he added.
Moving on, Chan said he will return to Wing Star Shoes for work but he was still afraid and will be more careful.
Yang Sophorn, president of Cambodian Alliance of Trade Union (CATU) confirmed with CamboJA News that the appeal court hearing on Monday had decided to release Chan from prison. Then on Thursday morning , the court found Chan not guilty.
Sophorn said although Chan is free now, it was not fair that he had to spend six months in prison as he did not commit any crime.
“The appeal court announced that Chan was not guilty unlike Kampong Speu court’s verdict. There was not enough proof as it was fake or an imagination. If Chan was not guilty, then why did the appeal court acquit him,” said Sophorn.
“There was no solid evidence, but the Kampong Speu court sentenced Chan to one year in prison. So, the appeal court made the right decision and served justice on the victim,” Sophorn said.
She viewed Chan’s case as a good example where union leaders who are violated by the company get justice.
She also urged lower courts to use Chan’s case as a model for justice for victims, so that they do not have to take their case to the Court of Appeal. For now, Chan can return to work at the factory.
Chan’s wife, Chhay Chanra, 35, told CamboJA News that she was happy as her husband was free after the appeal court rendered justice to him. Having spent six months in prison, Chanra said her husband had become weak.
“The wait is over and I am so happy as my husband got his freedom again,” said Chanra.
She too felt regret that although her husband was free, he should not have spent six months in prison as he did not do anything wrong.
Pheng Siphoan, chief of the administrative secretariat and spokesperson of Kampong Speu provincial court, did not pick up the phone when contacted by CamboJA News.
Regarding Chan’s imprisonment, Japanese sportswear company ASICS expressed their concern in May this year, acknowledging the gravity of the situation, and assured their commitment to uphold labor rights and fair labor practices within the ASICS supply chain.
Katta Orn, spokesperson of the Ministry of Labor and Vocational Training, said by the end of June 2024, they received 731 cases and resolved 630 cases, which was equivalent to 86.18%.
The ministry had strengthened the resolution of labor disputes through the dispute settlement mechanism stipulated in the Labor Law and urged workers, unions, and employers to respect the law and resolve conflicts.
He said resolutions should be made according to the law, and via peaceful and mutual understanding.
According to LICADHO, Chan is one of three imprisoned unionists in Cambodia. Chhim Sithar, president of the Labor Rights Supported Union of Khmer Employees of NagaWorld, has been imprisoned since November 2022. Morm Rithy, president of the Cambodian Tourism and Service Workers’ Federation, was jailed earlier this month prior to an internal union vote.
