VZCZCXRO4633
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0254/01 0740605
ZNR UUUUU ZZH
P 140605Z MAR 08
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHINGTON DC PRIORITY
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 PHNOM PENH 000254 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, DRL, EAP/RSP, AND G/TIP 
 
E.O. 12958: N/A 
TAGS: PHUM PREL KWMN PGOV CB
SUBJECT: WHILE HRR PROVIDES OPPORTUNITY TO FOCUS ON 
PROBLEMATIC CASE OF CHEA VICHEA, INITIAL OVERALL RGC 
REACTION DEFENSIVE 
 
REF: A. CAMPBELL-DORSEY EMAIL (03/13/08) 
 
     ¶B. 2007 CAMBODIA COUNTRY REPORT ON HUMAN RIGHTS 
        PRACTICES 
     ¶C. STATE 24302 
     ¶D. PHNOM PENH 141 - FBI DIRECTOR ROBERT MUELLER'S 
        MEETINGS WITH CAMBODIA PM HUN SEN AND 
        DPM SAR KHENG 
     ¶E. 06 PHNOM PENH 1404 - PROTESTERS DEMAND REOPENING 
        OF CHEA VICHEA MURDER CASE 
     ¶F. 04 PHNOM PENH 302 AND PREVIOUS 
 
¶1.  (SBU) Summary:  As part of post's dissemination of the 
2007 Cambodia Country Report on Human Rights Practices, the 
Deputy Chief of Mission presented the final report to 
Secretary of State in the Ministry of Justice Chan Sotheavy. 
 
SIPDIS 
Post also sent copies of the report to the Minister of 
Foreign Affairs, Minister of Justice, and to President of the 
Cambodian Human Rights Committee Om Yentieng, per the 
Department's instruction cable on the 2007 Human Rights 
Report rollout (Ref C).  During the meeting with MOJ 
Secretary of State Chan Sotheavy, the DCM took the 
 
SIPDIS 
opportunity to raise the Chea Vichea murder case.  Press 
coverage of the HRR was generally balanced and focused both 
on areas in which improvements had been noted and areas in 
which Cambodia,s performance continued to be poor.  However, 
the Cambodian Government reacted defensively to the report, 
with the Ministry of Foreign Affairs releasing a press 
statement (Ref A) rejecting the HRR,s findings, claiming 
that our sources were only NGOs and opposition parties, and 
suggesting that the release,s timing was politically 
motivated in advance of Cambodia,s July election.  End 
Summary. 
 
¶2.  (SBU) As part of post's dissemination of the 2007 
Cambodia Country Report on Human Rights Practices, the Deputy 
Chief of Mission presented the final report to Ministry of 
Justice Secretary of State Chan Sotheavy.  The DCM expressed 
her hope that the U.S. Government and the Royal Government of 
Cambodia can have the same cooperative working relationship 
on human rights issues as we do on trafficking in persons. 
Chan Sotheavy was the primary MOJ drafter of Cambodia's 
recently-issued comprehensive anti-TIP law, an achievement 
for which the DCM congratulated Chan Sotheavy during the 
meeting.  Chan Sotheavy readily accepted the copy of the 
report, stating that she will pass it on to the Minister of 
Justice. 
 
Case of Wrongful Conviction 
--------------------------- 
 
¶3.  (SBU) The DCM pointed out to Chan Sotheavy that the 
questionable convictions and imprisonment of two men who are 
accused of the 2004 killing of labor leader Chea Vichea were 
included in the HRR yet again this year (sections 1a and 1e 
of Ref B).  The DCM raised the continuing concern about the 
judicial process used to convict the two individuals, and 
inquired about the possibility for the case to be reviewed 
now that the defense lawyers have submitted the case to the 
Supreme Court.  The DCM repeated FBI Director Mueller's offer 
during his January 31 meeting with Prime Minister Hun Sen 
(Ref D) that the FBI would be willing to assist in any way 
possible to resolve still-lingering doubts about the 
investigation into the murder.  For example, an eyewitness to 
the murder is said to reside in the U.S. and her testimony 
was not considered during the Appeals Court hearing because 
she was in the U.S.  Mueller offered that the FBI could 
depose the eyewitness in the U.S. and have that information 
made available to the Cambodian courts.  (Note: Mueller's 
offer was met with silence during the meeting with PM Hun 
Sen; the topic was dropped without resolution or RGC comment. 
 End note.)  The DCM pointed out to Chan Sotheavy that 
Minister of Justice Ang Vong Vathana attended the meeting 
with FBI Director Mueller. 
 
Supreme Court has Limited Role 
------------------------------ 
 
¶4.  (SBU) Chan Sotheavy confirmed that defense lawyers of the 
two convicted men, Sok Sam Oeun and Born Samnang have 
submitted the case to the Supreme Court.  However, one of 
Chan Sotheavy's aides attending the meeting expressed doubt 
that the Supreme Court would admit new evidence or testimony. 
 He stated that the role of the Cambodian Supreme Court is to 
decide whether the lower court made a proper decision under 
the law, not to review new witness testimony if it had not 
been raised with a lower court.  The aide repeated Chan 
Sotheavy's statement that the defense lawyers could certainly 
try to do so, but expressed his understanding that such 
 
PHNOM PENH 00000254  002 OF 002 
 
 
evidence may be too late in coming. 
 
Comment 
-------- 
 
¶5.  (SBU) While the submission of new witness testimony has 
thus far been considered to be incompatible with Cambodian 
Supreme Court procedures, if the Cambodians continue to feel 
enough pressure on the issue and decide to pursue a 
resolution, the FBI offer could be seized as a pretext to do 
so.  In the meantime, post continues to urge the RGC that it 
would be better to leave the murder case open and to continue 
investigation than to risk the continued conviction of 
innocent people.  If nothing else, the presentation of the 
HRR to the RGC provided us another opportunity to raise the 
case with government officials.  Sok Sam Oeun and Born 
Samnang have been behind bars since 2004.  Their Supreme 
Court hearing date has not yet been set.  If the Supreme 
Court upholds the Phnom Penh Court and Appeals Court 
decisions that the two men are guilty, the two still may be 
granted a Royal pardon -- something that human rights NGOs 
have been advocating since early on in the court process. 
 
¶6. (SBU) The Ministry of Foreign Affairs (MFA) press release 
is disappointing, but highlights again how focused the 
government is on the upcoming election.  We will write to the 
MFA clarifying some of the inaccuracies contained in the 
press release and will pursue our plans to engage both the 
MFA and the RGC's Human Rights bodies in a constructive 
dialogue, using the HRR as a starting point. 
MUSSOMELI