The Battambang Provincial Court on Monday charged the unlicensed doctor accused of spreading HIV to scores of villagers in Roka commune with murder, punishable by life in prison, as well as two health law violations.
Deputy prosecutor Heng Luy began questioning the man, Yem Chrin, at the provincial courthouse on Sunday and charged him Monday under Article 205 of the Penal Code, which covers murder accompanied by torture, cruelty or rape.
“I preliminarily charged him and sent him to the investigating judge for more questioning,” Mr. Luy said.
“We suspect he spread the HIV virus to villagers and we will continue to investigate,” he added. “According to Article 205 of the criminal code, he will face life imprisonment.”
When asked why Mr. Chrin had been charged with murder, he said: “The reason is because he is a doctor, so he knew about the AIDS infection. In previous times, he had treated people who had HIV and those patients passed away.”
He declined to elaborate on his reasoning or explain whether Mr. Chrin was suspected of spreading the virus to patients who later died.
Mr. Luy said he also charged Mr. Chrin with operating without a medical license and intentionally transmitting HIV.
“According to his answers, we cannot conclude whether he had intent or if he did not have intent to do this,” he said. “His answers seem to hide a lot of information.”
Chea Vannak, director of the Battambang Provincial Court, said Investigating Judge Kim Ravy had ordered Mr. Chrin to be held in provisional detention at the provincial prison.
Sok Sam Oeun, a legal expert and former director of the Cambodian Defenders’ Project, said he was surprised by the charges laid against Mr. Chrin.
“I think involuntary manslaughter would have been the better charge to suggest,” he said. “By charging him with murder, the prosecution will have to prove that he knew his needles had HIV. He may not have known HIV was on his needles.”
Deputy provincial penal police chief Seng Luch, who took part in Mr. Chrin’s questioning, said on Sunday that Mr. Chrin admitted to reusing syringes on multiple patients. According to Mr. Luch, Mr. Chrin also told police that he did not know if any of his patients had HIV.
About 110 people had tested positive at the Roka commune health center as of Thursday, according to By Beng Sor, the center’s chief, who said he was not allowed to give updated figures when contacted Monday.
“High-level officials will not allow me,” Mr. Beng Sor said.
At least 90 cases were confirmed by a third round of testing at the Pasteur Institute in Phnom Penh as of Friday, according to the institute’s director, Didier Fontenille, who refused to discuss ongoing tests Monday.
“There is only one person dealing with media now because it’s a very complicated problem,” he said. “We do not have all the data yet. Please talk to Dr. Mean Chhi Vun.”
Mean Chhi Vun, director of the Health Ministry’s National Center for HIV/AIDS, Dermatology and STD, said he could not comment because he was too busy making a questionnaire for villagers in Roka commune that will help officials determine how HIV spread in the area.
