CAMBODIA: Arbitrary arrest of army generals of the opposition parties

[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of many of the Cambodian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Cambodian authorities are attached below with this appeal. Thank you.]

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a 46 year-old one-star army general named Kheang Savorn was illegally arrested by military police officers, who did not present a valid warrant to the general on 16 January 2007. The general, who is also a member of the steering committee of the Sam Rainsy opposition party, was on his way to a restaurant with his son when five military police officers on motorcycles stopped their vehicle. The officers then detained the two and brought them to National Military Police Headquarters. We were informed that on the same day, two other army generals of the Funcinpec Party were also arrested with the same alleged charges. The AHRC concerns that there is possibility that those incident were designed in a way to persecute high-ranking army officials of the opposition parties by the Cambodian government. General Kheang is now gravely suffering in prison without access to his medication. He suffers from high blood pressure, diabetes and is HIV positive.

CASE DETAILS:

At around 5:30pm on 16 January 2007, General Kheang and his 20-year-old son Vorn Oudam were on their way to have dinner at TATA restaurant in Prek Leap commune on the outskirts of Phnom Penh city after being invited by the two-star army general Long Serey Rot. General Long Serey Rot is also a member of the Funcinpec party (the coalition party of the government). Soon after the vehicle General Kheang Sovorn vehicle crossed the Chroy Chang Va Bridge (Japanese Bridge) they were stopped by five military police officers riding motorbikes. All of them were in civilian clothes and armed with pistol and displayed handcuffs.

When General Kheang’s car stopped, a military officer opened the vehicle door and told the general that he was under arrest without presenting any valid warrant issued by a court. When Oudam rushed toward his father’s side to help him, he was handcuffed by the police officers. The officers then pushed General Kheang and his son into the back seat of the car, while two officers sat beside them. One military police officer put his hand on General Kheang’s chest to prevent him from moving. When General Kheang asked the military police officers the reason of his arrest, one officer replied, “My boss wants to meet you”. When he further asked who their boss is, the same officer replied, “When you meet him, you will know”.

The general and his son were then taken to the National Military Police Headquarters in Toul Kok district in Phnom Penh. They were detained in separate detention cells but Oudam was soon released after his mother came to the Headquarters and filled out some forms for his release.

According to General Kheang’s son, on January 16 prior to his father’s arrest, General Long Serey Rot and two other army officials visited his home. Soon after leaving the house, General Long Serey Rot called General Kheang on his mobile phone and invited him for dinner at TATA restaurant in Prek Leap commune. At around 4:00 pm on the same day, General Kheang asked his son to drive him to TATA restaurant, at which point they were apprehended by the military.

General Kheang was reportedly taken to Battambang province on January 18 and is currently detained at the Battambang Provincial Prison on charges of involving in armed robbery and plotting terrorism. It is reported that the arrest warrant bearing number 77 was issued by Investigating Judge Duch Sok Sarin of Battambang Provincial Court on 16 January 2007, but this arrest warrant was not shown to General Kheang at the time of arrest.

On January 18, investigating Judge Duch Sok Sarin ordered General Kheang to be released on bail after questioning the victims defense lawyer Mr. Kim Meng. However, Prosecutor Sar Yosthavarak appealed against the court order. On the same day, another Investigating Judge It Sophors of the same court and the Deputy Court Prosecutor Herng Bunchea then issued a new detention warrant of General Kheang (number 45) in accordance with Article 36 and 69 of the Criminal Law of Cambodia (normally known as UNTAC law). This detention warrant was issued without any questioning of General Kheang. The new detention warrant (number 66) charged the general with the unauthorized use of armed forces and a premeditated murder that took place on Chrap Krasaing village, Wat Ko commun, Battambang district, Battambang province on 14 April 2006.

It is reported that General Kheang’s arrest was followed by the arrest of Colonel Um Chhay and six other criminal gang members named Khem Sakhorn, Chourb Chet, Chen Saran, Chenra, Chhin Van, Dok Seum and Mot March. The police claim that the gang confessed to the General Kheang being behind the armed robbery that was committed in Battambang province. However, the police authority has failed to present any other evidence that can link General Kheang with this alleged armed robbery except the confessions from the gangsters.

General Kheang had been a member of the Funcipec Party but later moved to the Sam Rainsy opposition party (SRP). He was the member of SRP’s steering committee at the time of his arrest. His family and the SRP members claim that General Kheang has been severely sick for three years due to high blood pressure, diabetes and HIV. They also said that he cannot move properly and has difficult to get up from bed. He must be fed by his wife and children since he cannot even use his hands freely. His health condition has slightly improved recently so that he was able to travel and go to his office. They say that it is impossible for General Kheang to be involved in the armed robbery case since his health is in such poor condition and there is no reason for him to do so.

Meanwhile on the same day of General Kheang’s arrest, two other army generals of the Funcinpec Party were also arrested. They are two-star army general Uth Sakhan who is the Funcinpec Party’s Deputy Commander of Brigade “70” and two-star army general Men Saran. Both generals were also brought to Battambang province, 300 kilometers north-west of the capital, and are currently detained in the Battambang Provincial Prison where General Kheang is being kept. Details about their arrest have not been reported but it is alleged that they were also charged with the same alleged allegations as General Kheang.

The AHRC condemns this illegal arrest since no warrant was presented at the time of his arrest. Illegal arrest and detention is becoming more common in Cambodia and more recently has been targeting political activists.

The AHRC urges the Battambang provincial court to consider releasing General Kheang Savorn due to insufficient evidence and poor health condition. The general is gravely ill and needs medical attention. Prolonging his release may have dire consequences for him and his family.

The AHRC also urges the court to investigate the gangsters who claim that the general masterminded the robbery and that an independent investigation is commissioned to look into the illegal acts of the Battambang court.

The AHRC further urges donor countries, UN agencies, international aid agencies and the international human rights community to persuade the Cambodian government and the Battambang provincial court to immediately release Kheang Savorn due to insufficient evidence and his detrimental health condition.

SUGGESTED ACTION: 
Please send a letter to the relevant authorities mentioned below and urge them to immediately bring justice to General Kheang Savorn who was detained in the Battambang provincial prison. Please also urge the Battambang court to release him.

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