CAMBODIA: TIP INTERIM ASSESSMENT REPORT

UNCLAS SECTION 01 OF 02 PHNOM PENH 002131 SIPDIS SENSITIVE SIPDIS FOR G/TIP, EAP/MLS and EAP/RSP E.O. 12958: N/A TAGS: PHUM PREL KWMN CB SUBJECT: CAMBODIA: TIP INTERIM ASSESSMENT REPORT REF: A. STATE 178111 ¶B. PHNOM PENH 1646 ¶1. (U) Embassy Phnom Penh submits the following submission as an interim assessment of Cambodia's progress in fighting Trafficking in Persons in 2006. Criminal Investigations and Prosecutions -------------- ¶2. (SBU) During the first nine months of 2006, the Cambodian national police arrested 58 human traffickers and pimps and turned them over to the Cambodian judiciary for possible trial. Though this compares unfavorably to 111 perpetrators arrested in 2005, Post attributes the decreased numbers to the administrative problems that the Phnom Penh Municipal Police had in the first five months of 2006, when leadership and senior management changes unrelated to TIP slowed law enforcement activity on all fronts. It must be noted that 40 of the arrests took place in Phnom Penh versus 18 arrests outside of Phnom Penh. Post believes that this is a result of better policing, more focused political attention, and diplomatic pressure to address the problem in Phnom Penh. Improved Courts -------------- ¶3. (SBU) During the first nine months of the year, Post statistics showed at least 34 successful convictions, with sentences ranging from three to 24 years. NGOs reported improvements in the Phnom Penh Municipal Court's administration of human trafficking cases; specifically, the court is better organized in handling trafficking-related cases and presiding judges employed child-friendly methods when questioning child victims. Post has noticed cases of traffickers and sexual perpetrators being convicted on multiple counts and given consecutive sentences for their crimes -- a positive improvement since last year. Arrests of Corrupt Officials Complicit in Trafficking -------------- -------------- ¶4. (SBU) In January 2006, Meng Say, the Chief of Phnom Penh Municipal Police Anti-Trafficking in Persons unit, was suspended and charged with TIP-related corruption; though an arrest warrant was issued, the accused escaped arrest and remains at large. In August, three police officers of the Ministry of Interior's (MOI) Anti-Trafficking in Persons Department were convicted of trafficking-related corruption (see reftel B ). However, only one of the three has actually been imprisoned; of the other two, one ;officer remains at large and other officer is still currently in his position. In September 2006, a MOI spokesperson stated that the officer must be formally removed from his position before he can be arrested and forced to serve a prison sentence but Post is not aware of any further action by the MOI or the court to do this. The National Police reported three additional arrests of low-ranking military officers for trafficking-related crimes during 2006. Progress in Closing Establishments -------------- ¶5. (U) Police statistics indicate that 32 establishments that offer victims of trafficking for sale have been closed during the first ten months of 2006. Earlier in the year and at the request of the Phnom Penh Municipal Police, the NGO International Justice Mission (IJM) drafted a plan to shut down establishments offering trafficking victims on Phnom Penh's Street 63. Though no action to date has been taken on this plan, the Cambodian National Police stated recently that they plan to conduct police operations there. Cooperation between Government and NGOs -------------- ¶6. (SBU) On September 5, the National Police signed a MOU with the IJM on cooperation to combat TIP. The MOU allows IJM to conduct undercover investigations, which has proven an effective technique for identifying establishments that offer trafficking victims and underage girls. An agreement on the guidelines for implementation and cooperation between concerned government institutions and victim support agencies in human trafficking cases is also under discussion. Status of Anti-TIP Law -------------- ¶7. (SBU) Although Cambodia adopted an anti-TIP law in 1996, the Cambodian Ministry of Justice started work on a new law in 1999 because the earlier law had no definition of trafficking included. Debate ensued between the Ministry of Women's Affairs and the Ministry of Justice regarding the Palermo Protocol and how to harmonize its language with that of the draft RGC law. During the PHNOM PENH 00002131 002 OF 002 review process, the Cambodian Ministry of Women's Affairs found that the draft TIP law was incompatible with the new draft penal code. Further, in some cases, the draft TIP law reduced maximum sentences for convicted sex offenders. RGC officials and donor community representatives are working to modify the draft TIP law to alleviate these concerns. Post understands the draft law may soon be ready for Council of Ministers review. PROTECT ACT Concerns -------------- ¶8. (SBU) One of our areas of great success and cooperation with Cambodian law enforcement authorities has centered on RGC support for the PROTECT Act cases. In recent months, however, we have seen delays; with respect to timely issuance of deportation requests so that subjects may be removed to U.S. jurisdiction. Any delays while in Cambodian detention raise the prospect of release. Terry Darrell Smith, an Amcit pedophile, and his girlfriend were released on bail on August 31 from jail in Sihanoukville on medical grounds. He was rearrested on September 20 in Phnom Penh and deported on October 14 to the U.S. The USG is trying to deport another Amcit pedophile; however, the RGC is claiming that he must be tried for crimes in Cambodia first. Amcit Terry Smith was still facing charges in Cambodia when he was deported. Post has raised the issue with National Police Commissioner Hok Lundy and we await further RGC action on our request. MUSSOMELI