VZCZCXRO0334
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0148/01 0640925
ZNR UUUUU ZZH
P 050925Z MAR 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 0476
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 04 PHNOM PENH 000148 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR G/TIP, EAP/MLS, EAP/RSP, AND DRL 
USAID FOR ASIA BUREAU 
 
E.O. 12958: N/A 
TAGS: PHUM PREL KWMN KTIP SOCI CB
SUBJECT: CAMBODIA: 2008 4TH QUARTER REPORT ON TRAFFICKING IN 
PERSONS 
 
Ref: PHNOM PENH 753 
 
SENSITIVE BUT UNCLASSIFIED 
 
¶1.  (SBU) Summary:  During the fourth quarter of 2008, Cambodian 
police arrested 10 persons on human trafficking charges and two on 
prostitution charges in connection with two cases in which seven 
rescued prostitutes were under age 18.  During the same period, the 
Phnom Penh Municipal Court convicted one human trafficker.  Police 
rescued 28 victims of trafficking and reported that they returned to 
their families or were referred to NGO victim shelters.  Five NGOs 
reported that they provided services to 53 victims of trafficking 
during the reporting period.  End Summary. 
 
Efforts to Improve Understanding of New Law 
------------------------------------------- 
 
¶2.  (SBU) In October 2008, Deputy Prime Minister Sar Kheng signed 
into effect "Guidelines on the Implementation of the Law on 
Suppression of Human Trafficking and Sexual Exploitation" in an 
attempt to address concerns about human rights abuses of prostitutes 
rescued during brothel raids, HIV/AIDS prevention efforts being 
negatively affected by enforcement efforts using the new law, and 
police arresting perpetrators on charges that appeared 
inappropriately matched to the crime.  The guidelines are generally 
considered to be helpful in emphasizing that prostitutes should not 
be treated as criminals.  [Comment:  However, the guidelines did not 
clarify the difference between trafficking victims and prostitutes, 
nor provide guidance on screening of prostitutes or others rescued 
during brothels for indications that human trafficking took place. 
End comment.] 
 
¶3.  (SBU) In December 2008, the Ministry of Justice (MOJ) and 
Ministry of Interior (MOI) collaborated to conduct a joint two-day 
training workshop on Guidelines on the Implementation of the Law on 
Suppression of Human Trafficking and Sexual Exploitation.  The 
training was funded and partly organized by the United Nations 
Inter-Agency Project on Human Trafficking in the Greater Mekong 
Sub-region (UNIAP) and the International Justice Mission (IJM). 
Attendance included:  six police officers from national-level 
Department of Anti-Human Trafficking and Juvenile Protection, 24 
police officers from provincial Anti-Human Trafficking and Juvenile 
Protection offices, 21 provincial prosecutors, five staff people 
from various NGOs working on trafficking issues, and representatives 
from UNICEF and The Asia Foundation (TAF).  In addition to sessions 
explaining human trafficking articles and sexual exploitation 
articles of the law, the Director of the police Anti-Human 
Trafficking and Juvenile Protection Department provided a session on 
the U.S. recommendations for action handed to RGC officials in 
October 2008. 
 
Amcit Arrest 
------------- 
 
¶4.  (SBU) On October 26, police from the national Anti-Human 
Trafficking and Juvenile Protection Unit worked in cooperation with 
Action pour les Enfants (APLE) to secure the arrest of Michael James 
Dodd, a 60-year-old American male, at his rental house on the felony 
charge of purchase of child prostitution, and rescued two 
14-year-old female victims.  The perpetrator financially supported a 
family of one of the two female victims and was allowed by the 
family to have private time with the victim.  The perpetrator 
committed sexual acts with another female victim in exchange for 
money twice on different occasions.  Police reported that the 
perpetrator is now in pre-trial detention and the victims were sent 
to World Hope International for victim assistance. 
 
Police Activity 
--------------- 
 
¶5.  (SBU) From October to December 2008, Cambodian police reported 
that they arrested 10 individuals on human trafficking charges and 
two on prostitution charges in connection with two cases in which 
rescued prostitutes were under age 18.  However, police reported 
that they are still searching for one perpetrator who escaped. 
Police reported that they rescued 28 human trafficking victims. 
Police reported that some of the victims were sent to Ministry of 
Social Affairs, Veterans and Youth Rehabilitation (MOSAVY) centers 
while others were reported to have returned to their families. 
 
¶6.  (SBU) On October 1, Kampong Speu provincial police rescued a 
17-year-old female victim who was trafficked by a 27-year-old male 
from Kampong Speu province to sell in Phnom Penh.  Police rescued 
the victim in Kampong Speu after receiving a complaint from the 
victim's family.  Police reported that the perpetrator fled the 
scene, avoiding arrest, and that the victim returned to her family 
after the rescue.  Police reported that they continue to search for 
the perpetrator. 
 
PHNOM PENH 00000148  002 OF 004 
 
 
 
¶7.  (SBU) On October 24, Battambang provincial police arrested 
55-year-old Van Ny, female, for operating a brothel and rescued 
three underage victims aged between 15 and 17 years who were sent to 
a provincial MOSAVY office for victim assistance.  The perpetrator 
is currently in pre-trial detention. 
 
¶8.  (SBU) On October 30, Kampot provincial police arrested 
30-year-old Tan You, female, for trafficking a 17-year-old female 
victim with the intention of selling her into a brothel.  Police 
reported that the victim returned to her family and that the 
perpetrator is currently in detention awaiting trial. 
 
¶9.  (SBU) On November 6, Phnom Penh police arrested 22-year-old Hout 
Re, male, for operating a brothel.  Police rescued four underage 
victims aged between 15 and 17 years and sent them to Phnom Penh 
MOSAVY office for victim assistance.  The perpetrator is in 
detention awaiting trial. 
 
¶10.  (SBU) On November 19, Siem Reap provincial police arrested 
22-year-old Ol Samphors, male, and 17-year-old Lim Kear, female, for 
trafficking a 15-year-old female victim for the purpose of sexual 
exploitation.  The perpetrators persuaded the victim to travel to 
Siem Reap province with the promise of a good job.  Police reported 
that the victim returned to her family and the perpetrators are now 
in pre-trial detention. 
 
¶11.  (SBU) On November 21, Kampong Chhnang provincial police 
arrested 35-year-old Va Phalla, female, for trafficking a 
13-year-old female neighbor from Phnom Penh to sell in Kampong 
Chhnang province.  Police reported that the victim returned to her 
family and the perpetrator is now in pre-trial detention. 
 
¶12.  (SBU) On November 25, Kampong Thom provincial police arrested 
40-year-old Un Ith, female, for trafficking five female victims aged 
between 15 and 28 years old for the purpose of sexual exploitation. 
The perpetrator persuaded the victims that she could provide them 
good jobs in Phnom Penh, and after bringing the victims to the city, 
attempted to sell the victims to a brothel.  Police arrested the 
perpetrator and rescued the victims before they were sold.  Police 
reported that the victims returned to their families and the 
perpetrator is now in pre-trial detention. 
 
¶13.  (SBU) On December 7, Prey Veng provincial police arrested 
29-year-old Ry Samith, female, for trafficking her daughter, aged 5 
years old, to sell in Phnom Penh.  Police arrested the perpetrator 
in Prey Veng province and returned the victim to her father.  Police 
reported that the perpetrator is now in pre-trial detention. 
 
¶14.  (SBU) On December 17, Koh Kong provincial police arrested four 
male perpetrators aged between 18 and 36 years old for attempting to 
traffic 18 victims aged 18 and above to Thailand for labor 
exploitation.  The 18 victims were persuaded by the perpetrators to 
come from their home communities in Kandal, Takeo, Prey Veng, Svay 
Rieng and Kampong Cham provinces with promises of good jobs in Koh 
Kong province.  Police arrested the perpetrators and rescued the 
victims before they were trafficked across the border.  Police 
reported that the victims returned to their families and the 
perpetrators are now in pre-trial detention. 
 
Police Cases from Previous Quarters 
----------------------------------- 
 
¶15.  (SBU) On April 21, Sihanoukville police arrested 29-year-old 
Ben Pov, female, and 32-year-old Lay Narin, male, for the attempted 
trafficking of 24 victims from Sihanoukville to Thailand for labor. 
The 24 victims -- two of them under age 18 -- were from Kampong 
Thom, Kampot, Prey Veng and Siem Reap provinces.  Police reported 
that the perpetrators are now in pre-trial detention and the victims 
returned to their families. 
 
¶16.  (SBU) On June 10, Kampong Speu provincial police arrested 
45-year-old Eng Sok Thy, female, for the attempted trafficking of 
two underage female victims from Kampong Speu to sell to a brothel 
in Phnom Penh.  Police arrested the perpetrator in Kampong Speu and 
rescued the victims.  Police reported that the victims returned to 
their families and the perpetrator is now in detention awaiting 
trial. 
 
¶17.  (SBU) On August 8, Banteay Meanchey provincial police arrested 
24-year-old Rin Sopheak, male, for the attempted trafficking of five 
victims aged between 16 and 30 years to Thailand.  The five victims 
were persuaded to come from their home communities in Takeo, Prey 
Veng and Kampong Cham provinces with promises of good jobs in 
Banteay Meanchey.  The victims paid approximately USD 5 each to the 
perpetrator as fees for helping to find work.  Police made the 
arrest before the perpetrator could traffic the victims to Thailand, 
and reported that the perpetrator is now in detention awaiting 
 
PHNOM PENH 00000148  003 OF 004 
 
 
trial.  The victims reportedly returned to their families after the 
rescue. 
 
¶18.  (SBU) On September 10, Koh Kong provincial police arrested 
48-year-old Le Thy The, Vietnamese female, for the attempted 
trafficking of five female victims aged 18 to 35 years old to 
Thailand.  Police arrested the perpetrator in Koh Kong and reported 
that the perpetrator is now in detention awaiting trial.  The 
victims were sent to a provincial MOSAVY office for victim 
assistance. 
 
¶19.  (SBU) On September 20, Department of Anti-Human Trafficking and 
Juvenile Protection Police arrested 44-year-old Sok Srey Lin, 
female, for the attempted trafficking of a 15-year-old female victim 
from Kampong Chhnang province to Malaysia for sexual exploitation. 
The perpetrator persuaded the victim to come to Phnom Penh by 
offering her a job.  Police arrested the perpetrator in Phnom Penh 
and rescued the victim.  Police reported that the perpetrator is now 
in pre-trial detention and the victim returned to her family. 
 
Court Activity 
-------------- 
 
¶20.  (SBU) Despite testimony that money exchanged hands for sex with 
two female victims, on December 4, the Appeals Court reduced the 
prison sentence of American national Thomas Wayne Rapanos who was 
convicted by the Phnom Penh Municipal Court in August 2008 of 
indecent acts against two underage victims from two years and six 
months to one year under the same article.  With evidence that money 
exchanged hands to facilitate the sexual abuse by the perpetrator, 
the court could have charged the perpetrator with the felony crime 
of child prostitution which carries a heavier jail sentence.  There 
was no grievance letter filed to Supreme Court regarding the Appeals 
Court sentence. 
 
¶21.  (SBU) On December 11, Phnom Penh Municipal Court convicted 
27-year-old Soeung Channa, male, under new Anti-TIP and Sexual 
Exploitation Law Article 10 "Unlawful Removal with Purpose" for 
trafficking a 35-year-old female victim.  Soeung Channa was 
sentenced to 16 years in prison. 
 
Phnom Penh Court Cases from Previous Quarters 
--------------------------------------------- 
 
¶22.  (SBU) During the fourth quarter, the Phnom Penh Municipal Court 
reported several convictions from previous quarters that it had not 
yet reported. 
 
¶23.  (SBU) On June 5, Phnom Penh Municipal Court convicted 
48-year-old Toeu Eng, female, and 47-year-old Hong Kung, male, under 
Article 15 "The Act of Selling, Buying or Exchanging a Person with 
Purpose" and sentenced them to 10 and seven years in prison, 
respectively.  The court ordered the two perpetrators to pay USD 
1,000 compensation to the victim. 
 
¶24.  (SBU) On August 26, Phnom Penh Municipal Court changed the 
charge of 42-year-old Ly Than, female, from Article 3 "Application 
of this Law outside the Territory" to Article 11 "Unlawful Removal 
for Cross-border Transfer" and sentenced Ly Than to eight years in 
prison.  The court reported that the perpetrator was arrested in 
December 2007.  [Note:  Article 3 is a definition article of the 
law, not an article that proscribes a punishment for a particular 
crime.  End note.] 
 
¶25.  (SBU) On August 28, Phnom Penh Municipal Court convicted 
45-year-old Choup Sokha, female, 27-year-old Son Sreng, male, and 
28-year-old Son Sreang, male, under Article 26 "Procurement of 
Prostitution" and sentenced Choup Sokha to three years in prison and 
the other two perpetrators to two years in prison each.  The court 
reported that there was one victim under age 18. 
 
¶26.  (SBU) On September 4, Phnom Penh Municipal Court changed the 
charge of 27-year-old Kong Hean, female, from Article 26 
"Procurement of Prostitution" to Article 27 "Aggravated Procurement 
of Prostitution" under new Law on the Suppression of Human 
Trafficking and Sexual Exploitation.  The court convicted Kong Hean 
under Article 27 and sentenced her to six years in prison. 
 
Other Activity 
--------------- 
 
¶27.  (SBU) During the fourth quarter, MOSAVY reported that it 
received 19 victims of labor and sex trafficking from Thailand -- 17 
of whom were minors -- and 97 victims of labor trafficking from 
Vietnam -- 67 of whom were minors.  MOSAVY reported that it received 
114 female victims of sex trafficking in Cambodia and sent them to 
NGOs for victim assistance. 
 
 
PHNOM PENH 00000148  004 OF 004 
 
 
¶28.  (SBU) During the fourth quarter, IJM carried out two successful 
operations separately in Phnom Penh and rescued 14 victims from two 
different entertainment establishments.  IJM reported that police 
arrested seven perpetrators during the two operations.  However, IJM 
reported that police released some of the victims without victim 
assistance services or screening in the middle of the night. 
 
¶29.  (SBU) The NGO Cambodian Human Rights and Development 
Association (ADHOC) reported that on October 9 Thai local police 
from an unknown department or unit handed over to Koh Kong 
provincial police a 23-year-old man named Ho Reth who was trafficked 
by a 29-year-old perpetrator named Len.  The victim was persuaded to 
work in Thailand as a fisherman for a salary of 4,000 Thai Bath (USD 
114) per month.  The victim paid the perpetrator 2,000 Thai Bath 
(USD 57) to secure the job.  The victim worked for one year without 
payment and decided to return home, but was arrested by Thai local 
police, likely on illegal immigration or entry charges, along the 
way.  Thai local police detained the victim for 10 days.  ADHOC 
reported that the victim did not file a complaint against the 
perpetrator and only wanted the money to return home.  ADHOC helped 
the victim return home. 
 
¶30.  (SBU) ADHOC reported that on November 11 local Thai police from 
an unknown department or unit handed over to Koh Kong provincial 
police a 19-year-old man named Horn Sy who was trafficked by a 
25-year-old man named Soun Sovannara.  The perpetrator persuaded the 
victim to work in Thailand as a fisherman for a salary of 5,000 Thai 
Bath (USD 142).  The victim paid the perpetrator 2,000 Thai Bath 
(USD 57) to secure the job.  The victim received only 16,000 Thai 
Bath (USD 457) after working for eight months.  The victim's boss 
complained to Thai local police that the victim was in the country 
illegally when the victim demanded more payment; the victim was 
arrested and detained for 10 days in Klang Yai, Thailand.  ADHOC 
reported that the victim decided not to file complaint against the 
perpetrator and only asked for money to return home.  ADHOC helped 
the victim return home. 
 
¶31.  (SBU) During the fourth quarter, Cambodian Women's Crisis 
Center (CWCC) reported that the center received two 25-year-old 
female victims of transnational human trafficking cases from Taiwan 
and Malaysia.  The center helped bring the two victims back after 
receiving the complaints from the victims' families. 
 
¶32.  (SBU) During the fourth quarter, Cambodian Defenders Project 
(CDP) received three new cases of sex trafficking involving eight 
victims, three of whom are minors.  CDP provided legal support and 
lawyers for the victims. 
 
¶33.  (SBU) During the fourth quarter, World Hope International (WHI) 
received 26 rescued victims of sex trafficking aged between 14 and 
22 years old.  Of the 26 victims, there were 17 Cambodian, seven 
Vietnamese, one Khmer-Vietnamese, and one Cham. 
 
RODLEY