DPM SAR KHENG SAYS LY VOUCH LENG INVESTIGATION

UNCLAS SECTION 01 OF 02 PHNOM PENH 000194

SENSITIVE
SIPDIS

DEPARTMENT FOR EAP/MLS, EAP/RSP, G/TIP, AND DRL

E.O. 12958: N/A
TAGS: PGOV PHUM PREL KTIP KWMN KJUS CB
SUBJECT: DPM SAR KHENG SAYS LY VOUCH LENG INVESTIGATION
ONGOING DESPITE COURT DECISION TO CLOSE CASE

REF: A. PHNOM PENH 131

B. 07 PHNOM PENH 1059

SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISSEMINATION.


1. (SBU) Summary: During a March 24 meeting with the
Ambassador, Deputy Prime Minister (DPM) and Minister of
Interior Sar Kheng stated that he, the Ministry of Interior,
and the police are not pleased with the recent appointment of
former Appeals Court President Ly Vouch Leng to a legal
counsel position with the Council of Ministers. The DPM
stated that despite a Phnom Penh Municipal Court decision to
close the court case involving Ly Vouch Leng because of a
lack of evidence of corruption in connection with a
trafficking in persons case, Prime Minister Hun Sen decided
that a police investigation into the corruption allegation
should continue. The DPM remarked that the Ly Vouch Leng
case is a manifestation of the need for larger-scale judicial
reform in Cambodia beyond the scope of just
trafficking-in-persons cases. End Summary.

Sar Kheng Not Pleased With Ly Vouch Leng Appointment;
Investigation Continues
-------------- --------------


2. (SBU) During a March 24 meeting with the Ambassador, DPM
Sar Kheng stated that the recent appointment of former
Appeals Court President Ly Vouch Leng negatively affects the
reputation of the RGC, in particular after all of the RGC's
persistent efforts over the past two years to combat
trafficking in persons (TIP). He stated that he personally,
as well as the rest of the MOI and members of the police, are
not pleased with the decision to give Ly Vouch Leng a staff
position as a legal counsel to the Council of Ministers. The
DPM stated that Prime Minister Hun Sen recently granted him
permission to call a meeting with Ministry of Justice (MOJ)
and court officials to gather exact information regarding why
Ly Vouch Leng was not charged with corruption by the Phnom
Penh Municipal Court, and for the police to continue
investigating the corruption allegation. The DPM stated that
police will take the case to the court again, providing they
can bring to light further evidence to challenge the Phnom
Penh Municipal Court findings.

Case Closed by Phnom Penh Municipal Court
--------------


3. (SBU) In response to the Ambassador's request to the MOJ
for information regarding the status of the court case
involving Ly Vouch Leng (Ref A),the Phnom Penh Municipal
Court reported that the case was closed in September 2008 for
lack of evidence. According to the court's statement, the
only evidence presented in the case was witness testimony,
with one witness stating that he accompanied Chhun Poch, the
father of Chhay Hour II perpetrator Te Pao Ly (Ref B),to Ly
Vouch Leng's house where Chhun Poch handed an envelope to Ly
Vouch Leng and asked her to "look after his son." Chhun Poch
was reported to have later told the witness that USD 30,000
was in the envelope. It was this witness's word against the
testimony of Chhun Poch and Ly Vouch Leng who denied giving
and taking the bribe, respectively. Chhun Poch testified to
the court that he never met with Ly Vouch Leng. A separate
witness also discredited the incriminating testimony by
giving a different version of events, supporting Chhun Poch's
statements that he had tried to meet with Ly Vouch Leng at
the Appeals Court, not at her house. The charges of bribery
against Chhun Poch were dropped, and no charges of corruption
were brought against Ly Vouch Leng when the case was closed.
The DPM stated that although the RGC suspected corruption by
Ly Vouch Leng, when it came to gathering evidence, the
investigating judge could not produce sufficient evidence to
charge the former Appeals Court president. The DPM
maintained that the Appeals Court overturning of the Phnom
Penh Municipal Court's judgment against the Chhay Hour II
perpetrators was a mistake. (Note: After the Appeals Court
decision and release of the two Chhay Hour II perpetrators,
the prosecutor appealed the decision to the Supreme Court,
and the perpetrators were re-arrested and remain behind bars
to this day. End Note.)

Ly Vouch Leng Case Highlights Need for Judicial Reform
-------------- --------------


4. (SBU) The DPM stated that he believes the situation
involving Ly Vouch Leng demonstrates the need for further
attention to judicial reform efforts in Cambodia. The
corruption allegation is a manifestation of larger-scale
problems with the judiciary, going beyond the limited sphere
of anti-trafficking in persons efforts. The DPM remarked

PHNOM PENH 00000194 002 OF 002


that other areas of the RGC are seeing reform, but that the
judiciary has been left behind. He said that a case like
this would also be positively impacted by judicial reform
efforts. The DPM stated several times that he wished he had
known beforehand about Ly Vouch Leng's appointment as staff
to the Council of Ministers because then he could have "done
something" to stop the appointment. As it is, the
appointment was announced by royal decree and could not be
reversed, he said.

Comment
--------------


5. (SBU) This case reminds us of the DPM's limitations as he
works to eliminate TIP in Cambodia in the midst of entrenched
corruption. Even in corruption cases in the U.S. evidence of
corruption is hard to come by, often requiring wiretapping
and other sophisticated evidence-collection methods.
Nonetheless, the DPM agreed with the Ambassador's statement
that Ly Vouch Leng's continued work within the government
detracts from Cambodia's reputation, and said he will have
police continue to investigate the case as part of the RGC's
responsibility to combat TIP. Regarding the DPM's statements
that he possibly could have "done something" if he had
received details earlier, we believe this is the DPM's
reference to the failure of other government bodies to check
corruption. Given the country's systemic corruption
problems, Cambodia's journey to eliminate TIP will be a long
and arduous one, but it seems that the DPM and others in the
RGC believe the journey is worth it in order to achieve the
goal.
RODLEY