Heng Pov (in white shirt) (Photo: Koh Santepheap newspaper)Saturday and Sunday, October 7-8, 2006
Attorney: Malaysian Court Says Heng Pov Can Stay—For Now
By Douglas Gillison
THE CAMBODIA DAILY
A Malaysian court Friday postponed the prosecution of former Phnom Penh police chief Heng Pov for immigration violations, according to a Malaysian attorney representing the Cambodian fugitive.
On Oct 17, the court will begin deliberations on a request by Heng Peo's wife to allow her husband to avoid deportation and to remain in Malaysia until he completes his application for asylum in a third country, lawyer Nik Mohamed Ikhwan bin Nik Mahamud said.
Heng Pov is facing immigration charges in Malaysia after overstaying his one-month entry pass and was arrested Tuesday at a hotel outside the capital, press reports and Heng Pov's Australian attorney David Chen said Thursday.
Acting on rumors that Heng Pov was to be deported to Cambodia at 5 pm Thursday, Heng Pov's wife Ngin Fotheavy petitioned the court for a writ of habeas corpus while Nik Mohamed Ikhwan filed a motion for a temporary stay of prosecution, which was granted, the Malaysian lawyer said.
Heng Pov was sentenced on Sept 18 by a Cambodian court to 18 years in jail for his role in the killing of a judge.
"The difficulty we're having now is that the authorities are keeping mum about his exact whereabouts.... I have not been able to meet with him at all," Nik Mohamed Ikhwan said by telephone from Kuala Lumpur.
"I don't even know where he is right now," he said.
"We stressed the point that if he is deported, there is a real danger that he might be killed," Nik Mohamed Ikhwan added. "In regards to his chances, I would say there is a good chance [of success]."
Nik Mohamed Ikhwan said that since Tuesday's arrest he had written letters to police, immigration and security ministry officials seeking to learn Heng Pov's whereabouts and had received no response.
Officials at the Malaysian Embassy could not be reached Friday.
Nik Mohamed Ikhwan declined to name the countries with which Heng Pov was discussing his potential asylum or to reveal whether Ngin Fotheavy had yet been granted refugee status.
Ngin Fotheavy is currently in the care of the UN High Commissioner for Refugees in Kuala Lumpur, according to press reports.
Interior Ministry spokesman Khieu Sopheak refused to say whether Cambodian officials are currently in Malaysia.
"What I will tell you is that we are the police," he said. "We and our Malaysian counterparts are cooperating for a long time."
Deborah Backus, UNHCR spokeswoman in Phnom Penh, said that deporting an asylum applicant before his or her refugee status is determined would violate the international legal principle of non-refoulement, even if the deporting country, like Malaysia, is not a signatory to the UN refugee convention.
On Oct 17, the court will begin deliberations on a request by Heng Peo's wife to allow her husband to avoid deportation and to remain in Malaysia until he completes his application for asylum in a third country, lawyer Nik Mohamed Ikhwan bin Nik Mahamud said.
Heng Pov is facing immigration charges in Malaysia after overstaying his one-month entry pass and was arrested Tuesday at a hotel outside the capital, press reports and Heng Pov's Australian attorney David Chen said Thursday.
Acting on rumors that Heng Pov was to be deported to Cambodia at 5 pm Thursday, Heng Pov's wife Ngin Fotheavy petitioned the court for a writ of habeas corpus while Nik Mohamed Ikhwan filed a motion for a temporary stay of prosecution, which was granted, the Malaysian lawyer said.
Heng Pov was sentenced on Sept 18 by a Cambodian court to 18 years in jail for his role in the killing of a judge.
"The difficulty we're having now is that the authorities are keeping mum about his exact whereabouts.... I have not been able to meet with him at all," Nik Mohamed Ikhwan said by telephone from Kuala Lumpur.
"I don't even know where he is right now," he said.
"We stressed the point that if he is deported, there is a real danger that he might be killed," Nik Mohamed Ikhwan added. "In regards to his chances, I would say there is a good chance [of success]."
Nik Mohamed Ikhwan said that since Tuesday's arrest he had written letters to police, immigration and security ministry officials seeking to learn Heng Pov's whereabouts and had received no response.
Officials at the Malaysian Embassy could not be reached Friday.
Nik Mohamed Ikhwan declined to name the countries with which Heng Pov was discussing his potential asylum or to reveal whether Ngin Fotheavy had yet been granted refugee status.
Ngin Fotheavy is currently in the care of the UN High Commissioner for Refugees in Kuala Lumpur, according to press reports.
Interior Ministry spokesman Khieu Sopheak refused to say whether Cambodian officials are currently in Malaysia.
"What I will tell you is that we are the police," he said. "We and our Malaysian counterparts are cooperating for a long time."
Deborah Backus, UNHCR spokeswoman in Phnom Penh, said that deporting an asylum applicant before his or her refugee status is determined would violate the international legal principle of non-refoulement, even if the deporting country, like Malaysia, is not a signatory to the UN refugee convention.
1 comment:
As Malaysia is a democratic country, please do not cooperate with the Mafia government (HUN Sen's government).
Protect this important witness for future Cambodia.
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