CAMBODIA: 2007 1ST QUARTER REPORT ON TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 04 PHNOM PENH 000582 SIPDIS SENSITIVE SIPDIS FOR G/TIP, EAP/MLS and EAP/RSP E.O. 12958: N/A TAGS: PHUM PREL KWMN CB SUBJECT: CAMBODIA: 2007 1ST QUARTER REPORT ON TRAFFICKING IN PERSONS REF: A. PHNOM PENH 468 ¶B. PHNOM PENH 366 ¶C. PHNOM PENH 207 ¶D. 06 PHNOM PENH 1954 ¶E. 06 PHNOM PENH 1235 ¶1. (U) Summary. During the first quarter of 2007, the Cambodian police arrested seven human traffickers and eighteen pimps. At least 60 victims of sexual trafficking and 39 victims of labor trafficking were identified during the reporting period, and 52 sex workers removed from brothels. Three foreigners, including an Amcit, were arrested during the reporting period for crimes against children. Cambodian courts sentenced 25 human traffickers, eleven pimps and five foreign pedophiles to prison terms under the trafficking law. End Summary. Police Action -------------- ¶2. (U) On January 1, the Phnom Penh Anti-TIP Police arrested Amcit Roger Green Dale for sexually abusing two underage Cambodian girls, ages 12 and 14. Police also arrested the mother of the girls for her involvement in the exploitation of the girls. Green and the mother were charged with debauchery and trafficking, respectively, and detained at Prey Sar Prison. Police turned the victims over to the Municipal Department of Social Affairs for further referral to NGOs for counseling and other support services. ¶3. (U) On January 4, based on a complaint from the victim's mother, the Kampong Chhnang police raided a brothel, rescuing a 16 year-old victim and three other women, reported ADHOC. During the raid, police closed the brothel and arrested two pimps, who were later released after paying USD 150 to the victim's mother to withdraw her complaint. The victim and the three women returned to their families. However, the report from the Anti-Human Trafficking and Juvenile Protection Department identified only the three adult sex workers. ¶4. (U) On January 5, Cambodian police along the Koh Kong-Thailand border arrested a woman for attempting to traffic a girl across the border for sexual exploitation. According to ADHOC's report, the suspect was released by the district police who brokered a negotiation between the two parties. The girl's father received 15,000 Thai Bhat (USD 428) from the perpetrator in exchange for withdrawing the complaint. The victim's father reported the incident to the police after realizing that his daughter was 
missing. The victim returned to her family. ¶5. (U) On January 16, police of the Anti-Human Trafficking and Juvenile Protection Department cooperated with the police of Kampot province to conduct a brothel raid, based on AFESIP's November 2006 complaint. The raid resulted in the arrest of four suspects and the removal of seven sex workers, ages 20 to 26. The victims returned to their community after spending 15 days at an AFESIP shelter. The perpetrators were charged with pimping and are in pretrial detention. ¶6. (U) On January 18, police of the Koh Kong Anti-TIP Unit, in cooperation with the local offices of NGOs ADHOC and LICADHO, raided a brothel in the province, based on a complaint from an 18 year-old victim. During the raid, police arrested only the pimp's mother, whom they later released. The pimp and three accomplices escaped before the police arrived. The victim was lured from Phnom Penh by one of the accomplices, and forced to provide sexual service at the brothel. She managed to escape after she fell seriously ill, at which time the pimp took her to a local hospital for treatment. The victim was referred to AFESIP for vocational training, and received legal representation from the NGO Legal Support for Children and Women. The pimp has reportedly returned to the brothel, which was reopened a few days after the raid. NGOs have urged police to arrest the pimp. ¶7. (U) On January 21, police of the Phnom Penh Anti-TIP Unit arrested a British national allegedly for sexually abusing two underage boys, ages 12 and 14. The Phnom Penh Court prosecutor charged the suspect on January 23. Police turned the boys over to the Department of Social Affairs for further referral to NGOs. ¶8. (U) On January 28, police in Siem Reap province arrested a Canadian national for sexually abusing a 13- year-old female beggar. The suspect allegedly brought the victim, along with three other girls, to his guesthouse, leaving the three girls waiting downstairs. After waiting a period of time, the girls informed the girl's mother, who in turn, informed the police. During the police interview, the victim stated that the suspect sexually abused her. The suspect is in pretrial detention, and the girl returned to her family. ¶9. (U) On February 1, based on a preliminary International Justice PHNOM PENH 00000582 002 OF 004 Mission (IJM) investigation, the Siem Reap police raided a massage parlor in the province, arresting four Vietnamese owners and removed 28 Vietnamese female sex workers, eleven of whom were underage. Police sent the suspects to the provincial court to face charges. The 28 sex workers were put into the care of a World Hope International shelter. ¶10. (U) On February 3, the Cambodian police of the Ministry of Interior enforced a search warrant on the Leang Hour Hotel, formerly known as Chhay Hour II, resulting in the arrest of three suspects and the rescue of four victims (see Reftel C). The Phnom Penh court charged the suspects with pimping, debauchery and human trafficking, and issued a detention warrant. The victims were initially referred to AFESIP shelter, but they left shortly afterwards. ¶11. (U) On February 13, IJM assisted the Siem Riep police in a raid on Massage Place No. 66 in the tourist town of Siem Riep. As a result of the raid, seven victims were rescued, of whom three were underage, and one perpetrator was arrested. Two victims were immediately released to their families by the police while the other five were placed with the NGO shelter run by World Hope International which subsequently released them to their families. ¶12. (U) On March 6, the Sihanoukville police conducted a raid on a guesthouse operating as a front for prostitution, which resulted in the arrest of one pimp and the removal of nine adult Vietnamese sex workers. Police charged the suspect with pimping and placed him in pretrial detention. Police referred the Vietnamese women to the Department of Social Affairs, who in turn referred them to the Cambodian Women's Crisis Center (CWCC) shelter for care. According to CWCC, however, not all the women are sex workers. ¶13. (U) On March 21, the Koh Kong Provincial Police arrested two suspects, ages 16 and 18, for the trafficking of a 15-year-old girl for sexual exploitation. The whereabouts of the victim are not included in the police report. The suspects are charged with human trafficking and are in pretrial detention. ¶14. (U) On March 26, after a botched police raid by the Battambang Anti-TIP police; the NGO PJJ convinced a pimp to release a 15 year-old victim who is originally from Banteay Meanchey province. The victim was originally trafficked into a brothel in Siem Reap and subsequently resold to a brothel in Battambang. In the Battambang brothel, the victim was forced to provide sexual services and take drugs. She managed to use a customer's mobile phone to call her family who subsequently contacted PJJ. The NGO informed the police about her plight after which the police obtained a warrant to raid the brothel. However, the information about the raid leaked before the police arrived, and the suspect escaped and removed the victim and other sex workers to another location. PJJ then asked the police to contact the pimp who convinced him that if he released the victim then no further police action would be pursued. The victim was released and is currently in NGO shelter care and in contact with her family. PJJ continues to pursue the case to arrest the pimp who is suspected of being a military police official with the rank of Master Sergeant who reportedly goes by the names- Nhen Rey, and Hang Borey- and the nickname Vuth. Court Cases -------------- ¶15. (U) On January 10, the Phnom Penh Municipal Court tried a pimping case, involving a Vietnamese pimp and five adult Vietnamese sex workers. The court convicted the pimp to five years' imprisonment. According to the court report, the sex workers were aged between 19 and 30 years of age. Police arrested the pimp in May 2006. ¶16. (U) On January 15, the Sihanoukville Court sentenced a Vietnamese female to 16 years in prison and two Khmer females to 15 years in prison respectively for trafficking. The Khmer females had been arrested for trying to sell their granddaughter and daughter, respectively, to the Vietnamese trafficker. ¶17. (U) On January 16, the Phnom Penh Court sentenced three suspected traffickers to 15 years for the attempted trafficking of a 22-year-old woman. Police arrested the suspects in July 2006. ¶18. (U) On January 19, the Phnom Penh Municipal Court convicted two Vietnamese nationals for pimping and a Swiss national for debauchery and sentenced each of the three men to 12 years imprisonment. According to the court report, the case involved a 14-year-old Vietnamese victim. Police arrested the suspects in June ¶2004. ¶19. (U) Also on January 19, the Phnom Penh Court tried another pimping case, sentencing a Vietnamese pimp in absentia to seven years imprisonment. The court report showed that the suspect was arrested in March 2004, but was released on bail in April the same year. The report identified three women, ages 18 to 28, as victims PHNOM PENH 00000582 003 OF 004 in the case. ¶20. (U) On January 21, the Phnom Penh Court acquitted a Vietnamese pimp, who was arrested in May 2006 for the pimping of six Vietnamese girls. The court's report did not specify the age of the girls nor the reason for the acquittal. ¶21. (U) On January 22, the Appeals Court tried a trafficking case involving two perpetrators and an 18-year-old victim. The court sentenced the perpetrators to ten years imprisonment and ordered payment of five million riels (USD 1,250) in compensation to the victims. ¶22. (U) On January 24, the Phnom Penh Court tried another pimping case, convicting the pimp to five years in prison. Police arrested the pimp in July 2006 for running a brothel. There are no victims identified in the court's report. ¶23. (U) On January 30, the Phnom Penh Court tried a pimping case, involving four adult sex workers, ages 20 to 24, and a male Cambodian pimp. The Court sentenced the pimp, who was arrested in December 2005, to five years imprisonment. ¶24. (U) On February 8, the Court of Appeals decided that the conditions of release for Chea Sovannary, the girlfriend of suspected Amcit sex offender Terry Smith, should be revoked and a warrant should be issued for her rearrest. In August 2006, facing trafficking charges, she had been released from jail to take care of Terry Smith when he was granted bail on medical grounds by the Sihanoukville Court. Terry Smith was subsequently rearrested and deported to the U.S. to face PROTECT ACT charges in September 2006 (Reftel D). ¶25. (U) On February 21, the Stung Treng Provincial Court conducted the hearing of a pimping case, sentencing one perpetrator to five years in prison and another to eight years for the pimping of four Cambodian victims. ¶26. (U) Also on February 21, the Phnom Penh Municipal Court acquitted a suspect charged with the pimping of six Vietnamese women, due to lack of evidence. The women are ages 23 to 25. ¶27. (U) On February 27, the Sihanoukville Provincial Court sentenced in absentia a German national to ten years for sexually abusing six boys, and ordered the compensation of USD 2,000 to the six victims. The suspect committed the crime in November 2005, but he was never arrested. APLE complained that the authorities failed to act promptly in this case. ¶28. (U) On March 2, a trial judge of the Phnom Penh Court tried a trafficking case, convicting and sentencing three human traffickers to twelve years imprisonment. Police arrested the suspect in August 2006 for attempting to traffick a Vietnamese girl for sexual exploitation. The age of the victim is not identified in the court report. ¶29. (U) Following a closed door hearing on March 2, the Phnom Penh Municipal court on March 6 announced the verdict of a debauchery case, convicting a 68-year-old Swiss national to eleven years in prison for the sexual abuse of a 12-year-old girl, and ordered the compensation of five million riels (USD 1,200) to the victim. The court also ordered that the convict be barred from returning to Cambodia upon completion of his sentence. Police arrested the suspect in August 2006, while he was in the company of the victim. ¶30. (U) On March 3, the Phnom Penh Court tried a trafficking case involving three Vietnamese suspects. The court convicted and sentenced the suspects to twelve years imprisonment for the attempted cross- border trafficking of Vietnamese girls to Malaysia for sexual exploitation. According to newspaper reports, Cambodian police arrested the suspects in July 2006 after receiving complaints from the victims, accusing the suspect of luring them to Malaysia with the promise of work. The victims were not identified in the report. ¶31. (U) On March 9, the Phnom Penh Municipal Court convicted two German and three Vietnamese nationals of crimes involving the trafficking and sexual exploitation of four underage children in August 2006. The two German nationals were sentenced to 12 years in prison for the sexual abuse of the victims. One of them received an additional 16 years imprisonment on trafficking charges due to his role in procuring the victims for the purpose of sexual exploitation. The three Vietnamese nationals, including the mother of one of the victims, received prison terms ranging from 15-17 years apiece for their roles in the forced exploitation of the victims. The Phnom Penh Municipal Police's Anti-TIP Unit arrested five people in August 2006 as a result of NGO APLE's investigation. ¶32. (U) On March 13, the Phnom Penh Court conducted the hearing of PHNOM PENH 00000582 004 OF 004 a trafficking case involving a victim and three suspects, who were arrested in September 2003. According to the court report, only one the suspects has been in pretrial detention; the others were released on bail. The court acquitted one of the suspects, but convicted and sentenced the other two to 12 years imprisonment, and ordered them pay USD 1,000 compensation to the victim. ¶33. (U) On March 16, the Sihanoukville Provincial Court announced the verdict of a trafficking case, which was initially tried on March 9. The case involved three suspects and five victims, some of whom are underage. The court acquitted two of the suspects, and sentenced one of them to five years in prison and ordered him to pay compensation of USD 2,000 to the victims (See Reftel A). ¶34. (U) Also on March 19, the Appeals Court upheld the decision of the Battambang Provincial Court by convicting and sentencing a pimp to eight years imprisonment for the pimping of 14 Vietnamese women ages 17 to 30. Police arrested the suspect in a brothel raid in June 2004, by the Battambang Provincial Court handed down the conviction in January 2005. ¶35. (U) On March 21, the Phnom Penh Municipal Court acquitted Meng Say, former Chief of the Phnom Penh Anti-TIP Unit, of the extortion charge he faced in 2006 (See Reftel E). ¶36. (U) On March 28, the Phnom Penh Court tried a trafficking case involving five suspects and three victims. The court convicted three traffickers to prison terms ranging between 10 and 13 years, and convicted in absentia two brothel owners to 15 years imprisonment. Police arrested the suspects in July 2006 (see Reftel D). Others -------------- ¶37. (U) A 10-year-old girl of Kampong Thom province, who was abducted by her parents' acquaintance returned home on February 12, after her parents sought assistance from ADHOC and the local police. The abductor, who managed to escape, brought the victim to Kampong Thom Market for an unidentified purpose. ADHOC assisted the family in filing a complaint with the court. ¶38. (U) On January 29, a 24-year-old woman who was trafficked for sexual exploitation in Thailand, and then to Malaysia returned home with the help of CWCC. After having worked as a prostitute in Malaysia for one year, the victim was arrested and detained by Malaysian authorities. She informed her mother of her situation, who requested help from CWCC. CWCC contacted Cambodian authorities in Malaysia and later assisted with her return. The victim returned to her family; she did not press any charges against her trafficker. ¶39. (SBU) A 23-year-old sex worker in Ratanakiri province was hospitalized by her pimp after refusing to return to the brothel to work. The victims accused her pimp and his accomplices of forcing her to work against her will, although she has been working as a prostitute in the brothel for a prolonged period of time. Police has not made any arrest in the case. (Note: Mr. Pen Bunna, an ADHOC staff member based in the province, alleged that the local authorities -- the police, the military and the court -- provide protection to brothel owners and rarely take action against cases of abuse. End Note). ¶40. (SBU) Twenty-seven Cambodian workers, who went to work in Malaysia in 2005, are now under detention in a Malaysian prison after they fled from their workplace due to bad working conditions and breach of contract. LICADHO reported that the 27 workers went to Malaysia in 2005 through the Quatar Human Resource labor export company. The NGO is working with concerned agencies to return the detained workers. (see Reftel B). ¶41. (U) Seven Cambodian men who were sold to a Thai fishing company and forced to work against their will are still waiting to return to Cambodia. They contacted their families on February 27, who in turn asked ADHOC for assistance in their repatriation. ¶42. (U) During the three-month reporting period, CWCC reported receiving an additional five cases of legal migration to Malaysia which resulted in the exploitation and abusive treatment of the workers. MUSSOMELI