VZCZCXRO5044
PP RUEHCHI RUEHDT RUEHHM
DE RUEHPF #2131/01 3380808
ZNR UUUUU ZZH
P 040808Z DEC 06
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 7672
INFO RUEHZS/ASEAN COLLECTIVE

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