On February 3rd, the National Assembly stripped parliamentary immunity from three Sam Rainsy Party (SRP) Members of Parliament: Sam Rainsy, Chea Poch, and Cheam Channy. Rainsy and Poch fled the country, while Channy was arrested later that day by military police. He is currently being held in solitary confinement at Toul Sleng military prison. The arrest and detention are in breach of article 11 of the UNTAC law, which states that the military court only has jurisdiction over members of the military.

The removal of parliamentary immunity from the opposition lawmakers was based on article 80 of the 1993 constitution. During a break in the regular National Assembly session on February 3rd, Assembly President Norodom Ranariddh convened all members of the Standing Committee for a special meeting to introduce three new subjects onto the agenda: the removal of immunity from the three SRP members. When the session resumed, observers were ordered from the chamber and the debate on immunity proceeded behind closed doors.

By a majority two-thirds vote, members of the Assembly stripped the immunity of Rainsy, Poch and Channy, leaving them vulnerable to several outstanding lawsuits. Defamation lawsuits against Sam Rainsy relate to accusations he made of Prime Minister Hun Sen regarding the murder of union leader Chea Vichea, accusations that FUNCINPEC President Norodom Ranariddh received $30 Million in bribes from pro-CPP businessmen to join a coalition government led by Hun Sen, and claims that Rainsy gave false information to then King Norodom Sihanouk which caused his abdication. The defamation lawsuit against Chea Poch, brought by the CPP, also relates to allegations of corruption in the formation of the new government.

Cheam Channy does not face defamation charges, but rather accusations that he created an illegal armed force. Channy and the SRP strongly deny these claims, saying that Channy was merely chair of the SRP committee that covers defense issues. Channy faces criminal charges of organized crime (Article 36 of the UNTAC law) and fraud (Article 45 of the UNTAC law). His arrest warrant also cited a military charge of disobeying orders, however Channy is a civilian.

On February 8th, LICADHO staff gained access to Cheam Channy in order to provide medical services. LICADHO and other human rights organizations continue to request access to Channy for interviews relating to his case. The International Federation for Human Rights (FIDH), of which LICADHO is a member, issued a press release on February 10th.