CAMBODIA: 2009 2ND QUARTER REPORT ON TRAFFICKING IN

UNCLAS SECTION 01 OF 04 PHNOM PENH 000547

SENSITIVE
SIPDIS

DEPARTMENT FOR EAP/MLS, EAP/RSP, G/TIP, DRL
USAID FOR ASIA BUREAU

E.O. 12958: N/A
TAGS: PHUM PREL KWMN KTIP SOCI CB
SUBJECT: CAMBODIA: 2009 2ND QUARTER REPORT ON TRAFFICKING IN
PERSONS

SENSITIVE BUT UNCLASSIFIED


1. (SBU) Summary: During the second quarter of 2009, Cambodian
police arrested seven persons on human trafficking charges. Police
also arrested six persons on procurement of prostitution charges in
connection with two cases involving two victims who were minors.
Police reported arresting four foreign pedophiles and rescuing six
victims in connection with those cases. Police arrested one
Cambodian national on purchase of child prostitution charges and
rescued one male victim under age 18. During the same period, the
Phnom Penh Municipal Court convicted one foreign pedophile and one
Cambodian national. Police rescued 29 victims of trafficking and
reported that they were returned to their families or were referred
to NGO victim shelters.


2. (SBU) During the second quarter, the Royal Government of
Cambodia decided to issue a Sub-Decree to formalize the merger
between its National Task Force and High-Level Working Group on
Combating Trafficking in Persons. The Sub-Decree is currently being
drafted by Cabinet staff of Deputy Prime Minister and Minister of
Interior Sar Kheng. After DPM approval, it must be approved by the
Council of Ministers, and then by Prime Minister Hun Sen. Officials
expect to complete the process within the next two months. The
National Minimum Standards for Victim Assistance are being finalized
by a Technical Team at the Ministry of Social Affairs, and will be
issued as a regulation at the Ministry level (prakas). Minister of
Social Affairs Ith Sam Heng is expected to sign the Standards by the
end of August. Finally, a draft of the Explanatory Notes on the
2008 anti-TIP law is complete and under review by the Ministry of
Justice (MOJ). The MOJ wants to hold a stakeholder meeting to
discuss some points for clarification. Following the MOJ approval
process, the Notes will require approval by the Council of Ministers
and Prime Minister before being issued as an Annex to the 2008 Law.
End Summary.

Improving Implementation of the New Law
-------------- ---


3. (SBU) In April, the Anti-Human Trafficking and Juvenile
Protection Department of the National Police(AHTJP) informed post of
a February 23 letter from the Ministry of Justice (MOJ) to all
provincial and municipal courts clarifying Article 42, "Sexual
Intercourse with a Minor under Fifteen Years." The letter explained
that "intercourse" includes any form of penetration, including oral
sex and sodomy. (COMMENT: The clarification is important because,
under Cambodian cultural definitions, oral sex and sodomy are not
considered intercourse. Perpetrators who committed those acts were
formerly charged under the lesser "Indecent Acts" of Article 43,
which is not consistent with international standards and not counted
for TIP statistical purposes. END COMMENT.)


4. (SBU) On April 2, the MOJ issued a letter to all provincial and
municipal courts requesting standardization of statistics reporting.
The letter included a sample statistical table used by the Phnom
Pehn Municipal Court and provided detailed instructions on
completing the table. The MOJ informed post that the primary
purpose of the letter was to draw high attention from the provincial
and municipal courts to the importance of compiling the statistics
and reporting them to the MOJ in a timely fashion.


5. (SBU) On May 18, the MOJ issued a letter to all provincial and
municipal courts instructing officials to increase prosecutions of
TIP cases. The letter ordered the courts to report the number of
TIP cases in process, instructed the courts to investigate and
prosecute more TIP cases, and requested courts to open the maximum
number of TIP cases they had the capacity to handle.

Police Activity - Human Trafficking Arrests
--------------


6. (SBU) On April 2, police from the AHTJP arrested 31-year-old
Keat Hav, female, on charges of human trafficking, based on an
arrest warrant from the Phnom Penh Municipal Court (PPMC). Police
reported that the perpetrator was sent to court and is currently in
pre-trial detention.


7. (SBU) On April 29, Siem Reap provincial police arrested
24-year-old Ouch Noeun, female, for "Unlawful Removal with Purpose,"
of one 17-year-old female victim from Preah Sihanouk province to
Siem Reap province. The perpetrator allegedly persuaded the victim
to come to Siem Reap, and then sold her to a karaoke parlor. Police
reported that the perpetrator is currently in pre-trial detention.
The victim was sent to Cambodian Women's Crisis Center (CWCC) for
victim assistance.


8. (SBU) On May 6, Koh Kong provincial police arrested 46-year-old
Kun Phally, male and 27-year-old Horm Mao, male, for "Unlawful
Removal with Purpose," of 11 victims from Kampong Thom to Koh Kong

PHNOM PENH 00000547 002 OF 004


province. Out of the 11 victims, there was one underage victim aged

16. Police reported that the perpetrators wanted to bring the
victims to Thailand to work on a fishing boat. After the rescue,
police reported that the victims were sent to the provincial MOSAVY
office, which referred the victims to ADHOC for assistance. The
perpetrators are currently in pre-trial detention.


9. (SBU) On May 7, Siem Reap provincial police arrested 41-year-old
Khech Reth, female, for "Unlawful Removal with Purpose," of two male
victims and one female victim aged between 21 and 25. Police
reported that the provincial judge did not detain the perpetrator
because she was pregnant nine months pregnant and due to deliver
shortly. Police reported that the victims returned to their
families.


10. (SBU) On May 14, Kampong Chhnang provincial police arrested
47-year-old Suth Yath, female, for unlawful removal for cross-border
transfer of nine victims aged between 12 and 16 years. Police
reported that the perpetrator is an agent of Human Resources
Development Co. Ltd., and the perpetrator recruited the victims from
Kampong Chhnang to work in Malaysia as servants. After the rescue,
the victims returned to their families and the perpetrator is
currently in pre-trial detention.


11. (SBU) On May 22, Kampong Cham provincial police arrested
29-year-old Ith Amy, female, for unlawful removal for cross-border
transfer of five male victims from Kampong Cham. Police reported
the perpetrator intended the victims to work on a fishing boat in
Thailand. After the rescue operation, police reported that the
victims returned to their families and the perpetrator is currently
in pre-trial detention.

Police Activity - Procurement of Prostitution Arrests
-------------- --------------


12. (SBU) On April 6, police from AHTJP arrested 62-year-old Rous
Kech, male, 28-year-old Khun Makara, male, and 32-year-old Im
Sothearith, male, for operating a brothel. Police rescued 10
victims and reported one underage victim, aged 16. Police reported
that the perpetrator is currently in pre-trial detention and nine of
the victims returned to their families while the underage victim was
sent to International Justice Mission (IJM) for victim assistance.


13. (SBU) On May 7, Banteay Meanchey provincial police arrested
28-year-old Chang Ngoch Nga, female, 62-year-old Young Thy Hvay,
female and 25-year-old Moung Chan Daravuth, male, for operating a
brothel. Police rescued six victims and reported that there was one
underage victim, a 13-year-old female. All of the rescued victims
were sent to IJM for victim assistance and the perpetrators are
currently in pre-trial detention.

Court Activity
--------------

14 (SBU) On May 28, Phnom Penh Municipal Court convicted
23-year-old Khut Saroeun, male, in absentia under Article 11
"Unlawful Removal for Cross-border Transfer," for the transportation
of a 19-year-old female victim to sell in Phnom Penh. The court
sentenced the perpetrator to seven years in prison in absentia and
issued an arrest warrant for the judicial police to arrest the
perpetrator.


15. (SBU) During the second quarter, the PPMC reported the March 25
conviction of 59-year-old Sar Kirivorn, male, and 33-year-old Pov
Phoeun, male, under Article 27 "Aggravated Procurement of
Prostitution" of a 17-year-old female victim. The court sentenced
Sar Kirivorn to seven years in prison and Pov Phoeun to eight years
in prison.

Investigation and Prosecution of Child Sex Tourism
-------------- --------------


16. (SBU) The PPMC reported the February 25 conviction of
33-year-old Canadian national Neil Christopher Paul in absentia
under Article 34 "Purchase of Child Prostitution" and sentenced the
perpetrator to 10 years in prison. The court ordered the
perpetrator to pay USD 30,000 to the plaintiff.


17. (SBU) On April 7, the PPMC convicted 60-year-old American
national Richard David Mitchell for the purchase of child
prostitution. The victim was a 13-year-old female. The court
changed the charge from Article 43 "Indecent Act against a Minor
under Fifteen Years" to Article 34 "Purchase of Child Prostitution"
and Article 48 "Additional Penalties". The court sentenced Mitchell
to serve one year in prison, plus five years probation in lieu of an
additional two years in prison. The court ordered Mitchell's
deportation following completion of the sentence, and ordered him to
pay USD 2,000 to the victim through her representative, World Hope

PHNOM PENH 00000547 003 OF 004


International (WHI).


18. (SBU) On April 11, Phnom Penh police worked with Action Pour
Les Enfants (APLE) to secure the arrest of 61-year-old French
national Jacques Bernard Rene Collinet at International Guesthouse
and rescued one 15-year-old female victim. Police reported that the
perpetrator was charged with Article 34 "Purchase of Child
Prostitution" and that the perpetrator is currently in pre-trial
detention. Police reported that the victim was sent to WHI for
victim assistance.


19. (SBU) On April 11, Phnom Penh police worked with APLE to secure
the arrest of 62-year-old Greek national Kampolio Chistos and
rescued one 15-year-old female victim. Police reported that the
perpetrator was charged with Article 34 "Purchase of Child
Prostitution" and that the perpetrator is currently in detention
awaiting trial. Police reported that the victim was sent to WHI for
victim assistance.


20. (SBU) On April 17, Phnom Penh police worked with APLE to secure
the arrest of 47-year-old Phong Thanakorn, male, for purchasing
child prostitution. Police reported that there was one male victim
aged 15. Police reported that the perpetrator is currently in
pre-trial detention and the victim was returned to his family.


21. (SBU) On May 6, Phnom Penh police worked with APLE to secure
the arrest of 62-year-old Swedish national Johan Brahim Escori for
sexually abusing one nine-year-old male victim. Police reported
that the perpetrator was charged with Article 43 "Indecent Acts
against a Minor under Fifteen Years." Police reported that the
perpetrator is currently in pre-trial detention and that the victim
was sent to the Phnom Penh MOSAVY office for victim assistance.


22. (SBU) On May 18, Phnom Penh police worked with APLE to secure
the arrest of 60-year-old American national Mark Stephan Freitag,
male, and rescued three underage male victims aged between 14 and 15
years of age. Police reported that the perpetrator was charged with
Article 34 "Purchase of Child Prostitution" and that the perpetrator
is currently in pre-trial detention. Police reported that the
victims were sent to the Phnom Penh MOSAVY office.

Other Activity
--------------


23. (SBU) During the second quarter, IJM carried out four
successful operations separately in Poipet, Banteay Meanchey, Preah
Sihanouk and Siem Reap province and rescued 12 victims. Police
confirmed that they arrested 10 perpetrators through the various
operations.


24. (SBU) APLE reported that on May 5, Preah Sihanouk provincial
court convicted 43-year-old Roger Michel Blanchard, a French male,
for committing sexual acts with an 11-year-old male victim. The
provincial court sentenced Blanchard to one year in prison, with
three months suspended, under Article 43, "Indecent Acts against a
Minor under Fifteen Years" and ordered Blanchard to pay USD 50 in
victim compensation. At the time of trial, Blanchard had served 9
months of pre-trial detention; the court's suspension of 3 months of
the prison term meant Blanchard would have exited prison the
following day. The general prosecutor at the Appeals Court
immediately appealed the case, due to concerns over the light
sentence and compensation. The perpetrator was not released and
remains in detention awaiting the appeal trial. The trial date at
the Appeals Court is not yet set.


25. (SBU) On May 23, local NGO Cambodian Human Rights and
Development Association (ADHOC) in Steung Treng province received a
complaint from a 14-year-old female victim's family against
48-year-old perpetrator Chan Sophal, female, for trafficking the
victim from Steung Treng province to Phnom Penh. ADHOC reported
that perpetrator, who is the victim's aunt, persuaded the victim's
mother to send the victim to Phnom Penh for a better job. The
victim's mother subsequently learned that the perpetrator sold the
victim instead. The victim's mother filed a complaint against the
perpetrator to provincial police. ADHOC reported that the police
are searching for the perpetrator and the victim. Their whereabouts
are unknown.


26. (SBU) Cambodian Defenders Project (CDP) received one new case
related to "procurement of prostitution," in which one rescued
prostitute was under age 18. CDP provided legal support and lawyers
for the victims.


27. (SBU) World Hope International (WHI) received 15 rescued
victims of sex trafficking, between the ages of 13 and 21 years old.
Of the 15 victims, seven are Cambodian, seven Vietnamese, and one
Khmer-Vietnamese. WHI reported that out of the 15 trafficked
victims, four of them were abused by foreign pedophiles.

PHNOM PENH 00000547 004 OF 004




28. (SBU) AFESIP reported that the organization filed four
complaints to police on behalf of victims. AFESIP also provided
assistance to 11 rescued victims from two raid operations carried
out by the police from the AHTJP.

RODLEY