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TO RUEHC/SECSTATE WASHDC IMMEDIATE 8006
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

C O N F I D E N T I A L SECTION 01 OF 02 PHNOM PENH 000244 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
C O R R E C T E D  C O P Y -- CLASSIFICATION REASON 
 
DEPARTMENT FOR EAP/MLS, G/TIP AND EAP/RSP 
 
E.O. 12958: DECL: 02/02/2017 
TAGS: PGOV PHUM PREL CB
SUBJECT: CAMBODIA'S TROUBLED JUDICIARY AND DRAFT ANTI-TIP 
LAW 
 
REF: PHNOM PENH 207 
 
PHNOM PENH 00000244  001.2 OF 002 
 
 
This message classified by Gaurav Bansal, Political Officer for reasons 
1.4 (b) and (d). 
 
¶1.  (C)  Summary.  On February 8, the Ambassador met 
Cambodia's Minister of Justice Ang Vong Vathana, thanking him 
for swift Cambodian action in reclosing the Chhay Hour II 
hotel and returning the owners to prison.  The Minister noted 
that the questionable release of the owners by the Appeals 
Court is under RGC investigation.  The Ambassador also 
thanked the Minister for RGC cooperation in PROTECT Act 
cases.  However, the Ambassador expressed deep concern that 
an Amcit pedophile in Sihanoukville bribed local court 
officials to obtain his release and nearly escaped Cambodia 
before he was rearrested through Embassy intervention.  The 
Ambassador apprised the Minister of an NGO report detailing 
problems with Sihanoukville authorities' handling of TIP 
cases.  The Ambassador also noted that the Embassy has 
reviewed the draft anti-TIP law and recommended changes to 
strengthen the draft legislation.  End Summary. 
 
Judicial Problems Surrounding TIP Cases 
--------------------------------------- 
 
¶2.  (C)  The Ambassador thanked the Justice Minister for the 
RGC's quick and effective reaction when the Embassy 
discovered that the Chhay Hour II hotel had reopened under 
the ownership of the same individuals who had been convicted 
and sentenced on TIP offenses in 2006 (reftel).  The Minister 
reiterated his surprise that the men had been released from 
prison without his knowledge, adding that the Appeals Court 
judge who had overturned their sentences was under 
investigation. 
 
¶3.  (C)   The Ambassador also thanked the Minister for the 
MOJ's role in the deportation of Amcit Michael Pepe, who is 
facing PROTECT ACT charges in the U.S.  The Cambodian 
government's overall cooperation on PROTECT Act cases has 
been laudable, continued the Ambassador.  However, in the 
case of another Amcit arrested on pedophile charges, the 
Amcit admitted to Embassy officers that he paid a bribe of 
USD 21,000 to win his release from prison.  The Ambassador 
stated that the Embassy learned this information when the 
Amcit approached the Embassy and complained that he had paid 
the money to Sihanoukville court officials but had only been 
released on bail.  The Amcit explained that he had been 
expecting to have the charges dropped and his passport 
returned so that he could leave the country.  We also 
provided the Minister with a report from the NGO APLE about 
the poor handling of TIP cases by the Sihanoukville court and 
police, noting that the poor handling of the case involving 
the Amcit was not isolated.  The Minister promised to look 
into the matter. 
 
Draft Anti-TIP Law 
------------------ 
 
¶4.  (C)  Turning to the draft anti-TIP law, the Ambassador 
pointed out that the Embassy was following the progress of 
the legislation very closely.  In general, the Embassy agrees 
with other donors and TIP legal experts that the draft law is 
softer on TIP crimes than existing legislation. 
Specifically, the Ambassador noted USG concerns that the law 
would lower existing prison sentences for sexual intercourse 
with minors from ten to twenty years under the 1996 law to 
two to five years under the draft law.  Weakening the prison 
penalties is the wrong signal to send potential perpetrators, 
he argued, and is inconsistent with the RGC's obligation to 
protect minor children from sexual predators.   Another 
problem surrounds the draft law's affording judges the option 
of penalizing perpetrators with prison terms plus fines, or 
simply levying fines of between USD 1,000 and USD 2,500 in 
lieu of prison sentences.  The Ambassador underscored Embassy 
concerns that the option of fining suspects would lead to 
bribery of judges by those accused -- who will prefer to be 
fined rather than go to prison.  Given the Cambodian 
judiciary's already poor reputation for dispensing justice to 
the highest bidder, the Ambassador said that the and/or 
option would lead to abuse and urged the MOJ to reconsider 
the draft law. 
 
¶5.  (C)  Upon hearing these concerns, the Minister turned to 
Undersecretary of State Chan Sotheavy, who is charged with 
drafting the new law, and requested a response.  She opined 
that judges should have flexibility to decide on sentencing, 
and defended the draft legislation.  The Minister and his 
subordinate then began to argue in Khmei about the draft 
legislation.  The Minister pointed out to the Undersecretary 
that a judge in Sihanoukville stood accused of taking USD 
21,000 to release an accused pedophile, and he did not think 
that such judges should have flexibility.  The Undersecretary 
 
PHNOM PENH 00000244  002.2 OF 002 
 
 
countered that the Anti-Narcotics law has similar flexibility 
as that encompassed in the draft anti-TIP law.  (Note:  The 
current Anti-Narcotics law does not give judges sentencing 
leeway, although the previous anti-drug law did allow those 
convicted to pay fines in lieu of serving prison time.  End 
Note.)  The Ambassador argued that TIP crimes are 
fundamentally different than those surrounding narcotics 
issues since TIP is equivalent to slavery and targets the 
weakest and most vulnerable of Cambodia's people.  At the 
Minister's request, the Ambassador promised to send a letter 
outlining Embassy recommendations for improving the draft 
anti-TIP law. 
 
¶6.  (SBU)  Comment:  We continue to remind RGC officials that 
while TIP cooperation in Phnom Penh has improved, police and 
judicial action in the provinces leaves much to be desired. 
Moreover, we have impressed on interlocutors that the Embassy 
monitors those provinces where TIP activity is most 
problematic, and will continue to identify law enforcement 
and judicial officers who fail to take seriously their 
anti-TIP responsibilities.  Sihanoukville is a growing 
problem, and one that should concern those RGC officials who 
have been adamant that they do not want the growing beach 
resort town to become another Southeast Asian sex tourism 
site.  End Comment. 
 
 
 
 
MUSSOMELI