VZCZCXRO0116
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0628/01 2130932
ZNR UUUUU ZZH
P 310932Z JUL 08
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHINGTON DC PRIORITY
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 PHNOM PENH 000628 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR EAP/MLS, G/TIP, AND DRL 
USAID FOR ASIA BUREAU 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KWMN KJUS CB
SUBJECT: CAMBODIA:  BAFFLING RELEASE OF CONVICTED PEDOPHILE 
 
REF: A. PHNOM PENH 545 
     ¶B. PHNOM PENH 179 
 
¶1.  (SBU) Summary:  In a disturbing move, the Sihanoukville 
Municipal Court on July 21 released a convicted Russian 
national, Nikita Belov, after suspending his already-light 
three year sentence on misdemeanor charges of indecent acts 
against minors.  As reported in Post's quarterly TIP report 
covering January to March 2008 (Ref A), Belov was arrested on 
January 8 on charges of debauchery involving three boys aged 
7 to 13.  Belov had been in pre-trial detention for six 
months and 15 days when the Sihanoukville Municipal Court 
convicted and sentenced him to three years in prison but 
suspended his sentence later that same day.  He was 
reportedly released on July 23 and was spotted around 
Sihanoukville until July 28, after which he has not been 
seen.  There is strong reason to believe that Belov has left 
the country; however, TIP crime investigation NGO Action Pour 
Les Enfants (APLE) is nonetheless trying to encourage the 
court prosecutor to revoke the pedophile's visa, restrict his 
departure from Cambodia, and to appeal the judge's suspension 
decision.  The Ambassador wrote a letter to the Minister of 
Justice requesting his personal involvement in reviewing the 
process that led to Belov's release.  As the Ambassador 
stated in his letter, the Sihanoukville judge's decision 
essentially puts out a welcome mat for all such criminals, 
and undermines the great strides that the Royal Government of 
Cambodia has made over the past year to combat TIP.  End 
summary. 
 
Convicted Pedophile Released After Six Months in Jail 
--------------------------------------------- -------- 
 
¶2.  (SBU) The Sihanoukville Municipal Court on July 21 
suspended the already-light three year prison sentence of a 
Russian pedophile who was convicted of sexually abusing three 
young boys -- the pedophile, Nikita Belov, was released on 
probation two days later.  Despite testimony from the three 
boys that Belov had sexual intercourse with them, 
questionable medical certificates submitted to the court 
allowed Judge In Manith to convict Belov on a misdemeanor 
charge of indecent acts against a minor under the new 
anti-TIP law.  Sexual intercourse with a minor is a felony 
under Cambodian law and carries a punishment of five to ten 
years in jail; indecent acts against a minor, one to three 
years. 
 
Questionable Medical Certificates Lead to Misdemeanor Charge 
--------------------------------------------- ------- 
 
¶3.  (SBU) According to APLE Country Director Seila Samleang, 
the medical certificates submitted as evidence in the Belov 
trial did not state clearly that Belov had intercourse with 
the victims.  Samleang stated that medical certificates, 
ordered by police after arrests in such cases, are not always 
reliable.  He said that lawyers have access to the doctors 
who write the medical certificates, and he believes that 
sometimes the medical certificates are compromised due to 
corruption.  Samleang said that he has been involved with 
cases in which a doctor has verbally told him a different 
medical conclusion than what is submitted on a medical 
certificate.  He added that the medical certificates 
themselves can be difficult to interpret with some doctors 
stating on one area of the report that physical injury 
related to the nature of the crime was observed, but on 
another area of the report that the result of the exam is 
inconclusive.  Samleang noted that on past occasions, he has 
received different medical exam conclusions from different 
clinics regarding the same victim and alleged crime. 
 
Suspended Three Year Sentence 
----------------------------- 
 
¶4.  (SBU) In terms of a conviction on the criminal 
misdemeanor charge of indecent acts against a minor, Belov 
received the maximum allowable prison sentence but the court 
then made what Samleang deemed an "unusual" decision to 
suspend the sentence.  Belov had been in pre-trial detention 
for six months and 15 days before his trial date on July 21. 
Judge In Manith decided on probation for Belov later on the 
same day that she convicted and sentenced him.  Post is 
seeking a copy of the verdict from the court but has heard 
from APLE that the judge gave no reason for the suspension, 
only commenting that it is allowable under the law in the 
case of a misdemeanor. 
 
Little Training on New Law Leaves Gap for Corruption 
--------------------------------------------- ------- 
 
 
PHNOM PENH 00000628  002 OF 002 
 
 
¶5.  (SBU) The new anti-TIP law breaks down various TIP and 
sexual exploitation crimes into different articles, allowing 
a judge to convict perpetrators on a number of different 
charges and to apply compound penalties.  As an example, 
sexual intercourse with a minor, indecent acts with a minor, 
child pornography, and purchase of child prostitution are 
each considered separate offenses and, as stated in Article 6 
of the law: "when an accused is found guilty of several 
concurrent offenses, each of the penalties incurred may be 
pronounced."  However, The Asia Foundation Program Officer 
Katherine Keane, who works with the anti-TIP National Task 
Force Prosecution Working Group, stated that during a recent 
training exercise with some judges and prosecutors, they 
found that judges and prosecutors did not often look beyond 
the first offense they found in the new anti-TIP law.  She 
stated that it seemed not an easy law to apply.  When the law 
was passed and promulgated in February 2008 (Ref B), judicial 
and law enforcement officials had neither copies of the law 
nor training on it.  The law was published en masse and 
officially distributed in early July although some training 
for law enforcement and judicial officials through the 
National Task Force had begun in May.  The National Task 
Force has stated that it does not expect widespread training 
to take place until late in 2008.  Ministry of Justice 
Secretary of State Chan Sotheavy also stated that the 
Ministry started to run a weekly television spot explaining 
the new law article by article. 
 
Comment 
------- 
 
¶6.  (SBU) Gaps in information dissemination, training, and 
understanding of the new anti-TIP law could continue to 
provide space for Cambodia's notoriously corrupt courts to 
let off criminals such as Belov -- this is the reality of 
having the new law come into effect without training. 
However, Judge In Manith is not off the hook for her having 
released Belov on probation after only six months in prison. 
The Ambassador sent a letter to Minister of Justice Ang Vong 
Vathana requesting his personal involvement in the review of 
the process which allowed the distressing release.  There is 
every reason to believe that Belov has left the country but 
APLE has nonetheless decided to continue working with the 
court prosecutor seeking the revocation of Belov's visa to 
prevent his departure from Cambodia, and an appeal of the 
sentence decision.  Samleang reported that Ministry of 
Justice Under-Secretary of State Ith Rady promised to fully 
investigate the case.  However, given that the situation may 
require an investigation of the Sihanoukville court judge, 
minister-level involvement will likely be required to restore 
justice.  We note that the removal of Appeals Court Judge Ly 
Vouch Leng required Deputy Prime Minister Sar Kheng's 
involvement.  For this reason, the Ambassador plans to raise 
the issue during an upcoming meeting with Sar Kheng as well. 
MUSSOMELI