VZCZCXRO7504
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0702/01 2380157
ZNR UUUUU ZZH
P 250157Z AUG 08
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHINGTON DC PRIORITY
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 PHNOM PENH 000702 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR EAP/MLS, G/TIP, AND DRL 
USAID FOR ASIA BUREAU 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL KWMN KJUS CB
SUBJECT: AMBASSADOR'S FAREWELL CALL ON DPM SAR KHENG: 
PEDOPHILE RELEASE UPDATE, JOURNALIST'S KILLING, GUN 
SHOOTING IMPUNITY 
 
REF: A. PHNOM PENH 680 
     ¶B. PHNOM PENH 628 
     ¶C. PHNOM PENH 576 
 
¶1.  (SBU) Summary:  During the Ambassador's farewell call, 
Deputy Prime Minister and Minister of Interior Sar Kheng 
expressed his appreciation efforts to expand and strengthen 
cooperation, and Sar Kheng's desire to maintain cooperation 
with the U.S. Mission.  Sar Kheng stated that he still has 
serious concerns about trafficking-in-persons, such as the 
recent release of a Russian pedophile by the Sihanoukville 
Court (Ref B).  Sar Kheng said that the officials involved 
with the case had damaged the RGC's efforts to combat TIP, 
and said he had ordered an investigation of the release of 
the pedophile who is still in the country, and whose case has 
been appealed by the Appeals Court prosecutor.  The DPM 
thanked the U.S. for the FBI's offer of assistance to 
investigate the July killing of opposition newspaper 
journalist Khem Sambo (Ref C) and said he will request that 
the Cambodian National Police submit to the FBI specific 
investigation needs.  Sar Kheng appeared surprised when the 
Ambassador informed him that a pistol bullet penetrated one 
of the CMR's bathroom windows over the weekend (Ref A).  Sar 
Kheng bemoaned the lack of implementation of the country's 
gun laws, and said he would look into Embassy reports of a 
problematic bar located next to one of the Embassy residences 
where apparently well-connected, young patrons shoot off guns 
outside without reprimand.  End summary. 
 
Sar Kheng Concerned About Belov Release 
--------------------------------------- 
 
¶2.  (SBU) While noting overall achievements on TIP issues 
through cooperative U.S.-Cambodia relations over the last few 
years, DPM Sar Kheng lamented the recent release of Russian 
pedophile Nikita Belov stating that officials dealing with 
the case had damaged the RGC's efforts to combat TIP.  Sar 
Kheng said that he had instructed Ministry of Justice 
Undersecretary of State Ith Rady to come up with a report 
about why Belov was released.  The DPM stated that despite 
this setback the RGC remains unwavering in its anti-TIP 
commitment and concurred with the Ambassador's statement that 
it is critical for the RGC to stay vigilant to cases when 
court and police officials do not act according to the 
government's high-level commitment. 
 
Belov Release Update from MOJ 
----------------------------- 
 
¶3.  (SBU) During a separate meeting, Ith Rady told Poloff 
that he reviewed the Sihanoukville Court's Nikita Belov case 
file and determined that the judge released Belov because of 
a misinterpretation and misunderstanding of the law. 
Specifically, Belov was charged with Article 43 of the new 
anti-TIP law "indecent acts against a minor," defined as 
"touching or exposing a genital or other sexual part of 
another person, or of having another person touch the actor's 
or a third person's genital or other sexual part...."  As at 
least one of Belov's underage victims testified to performing 
oral sex on Belov, Article 42 "Sexual Acts with a Minor" is 
believed to be the more suitable charge.  However, "sexual 
acts" is not defined in detail in the new anti-TIP law.  Ith 
Rady stated that oral sex is "not a part of Khmer culture" 
and that he has consulted with several MOJ colleagues, "60 to 
70 percent" of whom thought that oral sex is an indecent act, 
not a sexual act.  He reported his assessment that the 
Sihanoukville judge misunderstood the law in relation to the 
act that Belov committed.  Ith Rady submitted to the Minister 
of Justice a request that the Minister issue an official 
letter to court and judicial officials explaining the 
articles. 
 
Belov Still in Cambodia; Case Appealed 
-------------------------------------- 
 
¶4.  (SBU) In the Ambassador's separate farewell meeting with 
Minister of Justice Ang Vong Vathana, the Minister stated 
that Belov has not left Cambodia, a statement that was 
confirmed by TIP investigation NGO APLE which has been 
working on the case.  National Task Force Chair You Ay was 
instrumental in ensuring that a letter went out to all 
immigration officers at Cambodia points of entry notifying 
all that Belov was still involved with legal proceedings and 
should not be allowed to leave the country.  You Ay also 
pushed the Appeals Court general prosecutor to appeal the 
Sihanoukville decision.  The Minister of Justice told the 
Ambassador that the timing of the appeals trial is "up to the 
 
PHNOM PENH 00000702  002 OF 002 
 
 
Appeals Court." 
 
Slain Journalist FBI Investigation Offer Still on the Table 
--------------------------------------------- -------------- 
 
¶5.  (SBU) DPM Sar Kheng thanked the U.S. for support of FBI 
involvement in the investigation of a July 10 killing of an 
opposition newspaper journalist.  The Ambassador stated that 
the FBI has been waiting for several weeks for a response 
from the police about their specific investigation needs. 
Sar Kheng said he would request that the police respond. 
 
DPM "Shocked" By Shooting Reports 
--------------------------------- 
 
¶6.  (SBU) Despite his police leadership role as the Minister 
of Interior, Sar Kheng had apparently not heard that a pistol 
bullet was shot through a bathroom window at the CMR over the 
weekend, and said he was "shocked" by the news.  He also 
stated that he would look into a problematic bar located next 
to one of the Embassy residences where apparently 
well-connected, young patrons shoot off guns outside without 
reprimand.  He agreed with the Ambassador's assessment that a 
great deal of random shooting of guns by off-duty military 
members or by children of the wealthy and influential takes 
place, flouting Cambodia's laws.  The DPM stated that 
Cambodia has a gun law and related subdecrees but that 
implementation of these has not been realized; some 
Cambodians carry guns without being entitled to do so. 
 
Comment 
------- 
 
¶7.  (SBU) DPM Sar Kheng's willingness to work cooperatively 
with the U.S. Mission over the past few years has paid 
dividends for the RGC in terms of its gaining traction on the 
high-level government commitment to combat TIP, and he 
reiterated his commitment to continue working with the U.S. 
to eliminate TIP in Cambodia.  The Belov case and other cases 
at the courts will stand as tests to this commitment.  While 
we commend Sar Kheng for the RGC's acting to review the Belov 
case, we have not yet seen a positive final outcome on the 
issue. 
MUSSOMELI