[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we only could include e-mail addresses of a few of the Cambodian authorities in this case. 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 received updated information regarding two of the three army generals who had been arbitrarily arrested on 16 January 2007 (See further: UA-021-2007). We were informed that General Kheang Savorn and General Uth Sakhan were released on bail by the Battambang Provincial Court on 29 January 2007 and 26 January 2007 respectively. The AHRC wishes to thank all of you for your great support in this case. However, the charges against them still remain and no proper investigation has been launched by the government authorities to find the actual circumstances behind the arrests. We therefore call for your continued concern and intervention into this matter.
UPDATED INFORMATION:
On 29 January 2007, the Battambang Provincial Court released a one-star army general, Mr. Kheang Savorn (46) on bail based on the reasons of a non flagrant delicto offense and the fact that he suffers from high blood pressure, diabetes and is HIV positive. He is the member of the Sam Rainsy opposition party (SRP).
Previously on 26 January 2007, The Battambang Provincial Court also released on bail a two-star army general Uth Sakhan, who is the Funcinpec Party’s Deputy Commander of Brigade “70”, while another two-star army general Men Saran is still being detained in the Battambang prison.
On 25 January 2007, General Kheang’s lawyer Mr. Kim Meng submitted a bail application to the Battambang Provincial Court to release his client. His application was registered by the Mr. Cheang Sem, the Battambang court clerk. Four days after the submission, the Investigating Judge It Somphors and the Deputy Court Prosecutor Herng Bunchea issued a decision on 29 January 2007 bearing number 20 to release General Kheang on bail.
To briefly recall the original incident, 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 driven by General Kheang 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 pistols and carrying handcuffs. Meanwhile on the same day of General Kheang’s arrest, two other army generals of the Funcinpec Party, General Uth Sakhan and General Men Saran were also arrested and they were also charged with the same alleged allegations as General Kheang (UA-021-2007).
While welcoming the release of General Kheang and General Uth, the AHRC still urges the Battambang Provincial Court to make an independent inquiry into the alleged arbitrary arrest and detention of the three army generals. All the charges against the generals should be withdrawn if not proven with concrete evidence. The Government of Cambodia should also take strong action to stop the deeply rooted practice of arbitrary arrest of a person without presenting valid warrants or documents. The AHRC is also concerned that the arrest of three army generals solely depends on the confession of criminals. The Cambodian government should put its all effort to improve the police investigation process and practice so that no person is not deprived of security due to improper police investigation or insufficient evidence.
This case also raised the issue of the independence of the judiciary. It is well known that the judiciary is subordinated to the executive in Cambodia. The independence of the judiciary should be ensured it should be free from any political influence in Cambodia.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and express your concern about this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
CAMBODIA: Army generals of the opposition party were released on bail
I am pleased to hear that General Kheang Savorn and General Uth Sakhan were separately released on bail by the Battambang Provincial Court on 29 January 2007 and 26 January 2007. I was informed that on 26 January 2007, The Battambang Provincial Court released on bail a two-star army general Uth Sakhan, who is the Funcinpec Party’s Deputy Commander of Brigade “70”. The same court released on bail a one-star army general, Mr. Kheang Savorn (46) on bail for his poor health reasons. General Kheang is the member of the Sam Rainsy opposition party (SRP).
To briefly remind you of the original incident, on 16 January 2007, General Kheang was arrested the edge of the Chroy Chang Va Bridge (Japanese Bridge) by five military police officers riding motorbikes. All of them were in civilian clothes and armed with pistol carrying handcuffs and they failed to present the arrest warrant to the general at the time of his arrest. On the same day, two other army generals, General Uth Sakhan and General Men Saran, were also arrested and charged with the same alleged allegations as General Kheang.
While welcoming the release of General Kheang and General Uth, I am concerned that another two-star army general Men Saran is still detained in the Battambang prison. Also, the charges against the released army generals still remain and no proper investigation has been lunched by the government authorities to find the actual circumstances behind their arrests.
I therefore urge you to ensure that he Battambang Provincial Court to conduct the independent inquiry into the alleged arbitrary arrest and detention of the three army generals. All the charges against the generals should be withdrawn if it is not proven with concrete evidence. I was informed that the arrest of three army generals solely depends on the confession of criminals. I therefore urge you to ensure that an impartial and thorough investigation is conducted about the criminals who claim that the generals masterminded the robbery. I suspect that such confession might have been gained through torture as it is common practice in Cambodia.
I also urge you to take strong action to stop deeply rooted practice of arbitrary arrest of people without presenting valid warrant or documents. The Cambodian government should also put its all effort to improve police investigation process and practice so that any person is not deprived of security due to improper police investigation or insufficient evidence. I also request you together with other government officials to take part in establishing the independence of the judiciary. It should be free from any political influence in Cambodia.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
PhnomPenh
CAMBODIA
Tel: +855 23 21 98 98
Fax: +855 23 36 06 66
E-mail: cabinet1b@camnet.com.kh
2. Mr. Samdech Chea Sim
Senate president
Chamcar Mon State Palace
Pheah Norodom Blvd
Phnom Penh
Cambodia
Tel: +855-23-21 1441-3
Fax: +855-23-21 1446
Email: info@senate.gov.kh
3. Mr. Samdech Heng Samrin
President of National Assembly
Sothearos Street
Phnom Penh
Cambodia
Tel: +855-23-21 41 36/21 77 68
Fax: +855-23-21 7769
4. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh,
CAMBODIA
Fax: + 855 23 36 4119/21 66 22
5. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60
6. Prach Chan
Battambang provincial governor
Svay Por commune
Battambang district
Battambang province
CAMBODIA
Tel: +855 12 822 123
Fax: +855 53 952 141
7. Nel Nin
Chief of Battambang provincial court
Svay Por commune
Battambang district
Battambang province
CAMBODIA
Tel: +855 12 947 127
8. Kang Sakhan
Battambang police commissioner
Svay Por commune
Battambang district
Battambang province
CAMBODIA
Tel: +855 12 932 333
9. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights Cambodia
N 10, Street 302
Sangkat Boeng Keng
Kang I Khan Chamcar Mon
Phnom Penh,
CAMBODIA
Tel: +855-23-987 671 / 987 672, 993 590 /993 591 or +85523 216 342
Fax: +855-23-212 579, 213 587
10. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Ms. Afarin Shahidzadeh
Room 3-080, OHCHR-UNOG
8-14 Avenue de la Paix1211
Geneva 10,
SWITZERLAND
Tel: +41 22 91 79214
Fax: +4122 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)
11. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
