Friday, October 06, 2006

Former Cambodian police chief applies for habeas corpus, extradition postponed

06 Oct 2006
Rizalman Hammim
News Straits Times (Malaysia)


KUALA LUMPUR, FRI.: Former Cambodian police chief Heng Peo, who is facing murder charges in his home country, will not be extradited to Cambodia pending hearing of his application for habeas corpus.

High Court judge Datuk Abdul Kadir Musa, who fixed hearing for Oct 17, however, allowed the respondents to submit an application for Heng Peo’s deportation before the hearing of the habeas corpus application.

Yesterday, Heng Peo, 51, filed an application at the High Court registry, through counsel Nik Mohamed Ikhwan Nik Mahamud, seeking an order to prevent the Malaysian Immigration Department from extraditing him to Cambodia.

He named Inspector-General of Police Tan Sri Musa Hassan, the Director-General of the Immigration Department, the Internal Security Minister and the government as respondents.

Deputy Public Prosecutor Mohd Hanafiah Zakaria, who represented the respondents, today objected to the court granting an order for Heng Peo to remain in Malaysia, saying that it restricted the authorities from enforcing the law.

“The applicant was arrested for overstaying, and the authorities have the right to deport him,” said Hanafiah, who was assisted by Salehudin Saidin and Azahari Harun.

Heng Peo, who is also a former adviser to Cambodian Prime Minister Hun Sen, was arrested on Tuesday at an undisclosed location in the Klang Valley for overstaying in the country.

He entered Malaysia on Sept 1 using a diplomatic visa, which expired on Sept 30.

In his application, Heng Peo claimed that there is a real risk that he may be tortured and killed if he is deported to Cambodia.

He also said that while in Malaysia, he was negotiating with several countries regarding a permanent asylum.

Heng Peo fled Cambodia when a Phnom Penh court started proceedings against him and several others for the murder of a judge and other crimes.

He was charged and convicted in absentia for his role in the 2003 murder of municipal court judge Sok Setha Mony. He was convicted and sentenced to 18 years’ jail on Sept 18.

He was also alleged to have been involved in the attempted murder of a newspaper publisher, a prosecutor, the national military chief and city council officials in Cambodia.

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