VZCZCXRO4193
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0547/01 2161133
ZNR UUUUU ZZH
P 041133Z AUG 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 1011
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 04 PHNOM PENH 000547 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR EAP/MLS, EAP/RSP, G/TIP, DRL 
USAID FOR ASIA BUREAU 
 
E.O. 12958: N/A 
TAGS: PHUM PREL KWMN KTIP SOCI CB
SUBJECT: CAMBODIA: 2009 2ND QUARTER REPORT ON TRAFFICKING IN 
PERSONS 
 
SENSITIVE BUT UNCLASSIFIED 
 
¶1.  (SBU) Summary:  During the second quarter of 2009, Cambodian 
police arrested seven persons on human trafficking charges.  Police 
also arrested six persons on procurement of prostitution charges in 
connection with two cases involving two victims who were minors. 
Police reported arresting four foreign pedophiles and rescuing six 
victims in connection with those cases.  Police arrested one 
Cambodian national on purchase of child prostitution charges and 
rescued one male victim under age 18.  During the same period, the 
Phnom Penh Municipal Court convicted one foreign pedophile and one 
Cambodian national.  Police rescued 29 victims of trafficking and 
reported that they were returned to their families or were referred 
to NGO victim shelters. 
 
¶2.  (SBU) During the second quarter, the Royal Government of 
Cambodia decided to issue a Sub-Decree to formalize the merger 
between its National Task Force and High-Level Working Group on 
Combating Trafficking in Persons.  The Sub-Decree is currently being 
drafted by Cabinet staff of Deputy Prime Minister and Minister of 
Interior Sar Kheng.  After DPM approval, it must be approved by the 
Council of Ministers, and then by Prime Minister Hun Sen.  Officials 
expect to complete the process within the next two months.  The 
National Minimum Standards for Victim Assistance are being finalized 
by a Technical Team at the Ministry of Social Affairs, and will be 
issued as a regulation at the Ministry level (prakas).  Minister of 
Social Affairs Ith Sam Heng is expected to sign the Standards by the 
end of August.  Finally, a draft of the Explanatory Notes on the 
2008 anti-TIP law is complete and under review by the Ministry of 
Justice (MOJ).  The MOJ wants to hold a stakeholder meeting to 
discuss some points for clarification.  Following the MOJ approval 
process, the Notes will require approval by the Council of Ministers 
and Prime Minister before being issued as an Annex to the 2008 Law. 
End Summary. 
 
Improving Implementation of the New Law 
--------------------------------------------- --- 
 
¶3.  (SBU) In April, the Anti-Human Trafficking and Juvenile 
Protection Department of the National Police(AHTJP) informed post of 
a February 23 letter from the Ministry of Justice (MOJ) to all 
provincial and municipal courts clarifying Article 42, "Sexual 
Intercourse with a Minor under Fifteen Years."  The letter explained 
that "intercourse" includes any form of penetration, including oral 
sex and sodomy.  (COMMENT: The clarification is important because, 
under Cambodian cultural definitions, oral sex and sodomy are not 
considered intercourse.  Perpetrators who committed those acts were 
formerly charged under the lesser "Indecent Acts" of Article 43, 
which is not consistent with international standards and not counted 
for TIP statistical purposes.  END COMMENT.) 
 
¶4.  (SBU) On April 2, the MOJ issued a letter to all provincial and 
municipal courts requesting standardization of statistics reporting. 
 The letter included a sample statistical table used by the Phnom 
Pehn Municipal Court and provided detailed instructions on 
completing the table.  The MOJ informed post that the primary 
purpose of the letter was to draw high attention from the provincial 
and municipal courts to the importance of compiling the statistics 
and reporting them to the MOJ in a timely fashion. 
 
¶5.  (SBU) On May 18, the MOJ issued a letter to all provincial and 
municipal courts instructing officials to increase prosecutions of 
TIP cases.  The letter ordered the courts to report the number of 
TIP cases in process, instructed the courts to investigate and 
prosecute more TIP cases, and requested courts to open the maximum 
number of TIP cases they had the capacity to handle. 
 
Police Activity - Human Trafficking Arrests 
------------------------------------------- 
 
¶6.  (SBU) On April 2, police from the AHTJP arrested 31-year-old 
Keat Hav, female, on charges of human trafficking, based on an 
arrest warrant from the Phnom Penh Municipal Court (PPMC).  Police 
reported that the perpetrator was sent to court and is currently in 
pre-trial detention. 
 
¶7.  (SBU) On April 29, Siem Reap provincial police arrested 
24-year-old Ouch Noeun, female, for "Unlawful Removal with Purpose," 
of one 17-year-old female victim from Preah Sihanouk province to 
Siem Reap province.  The perpetrator allegedly persuaded the victim 
to come to Siem Reap, and then sold her to a karaoke parlor.  Police 
reported that the perpetrator is currently in pre-trial detention. 
The victim was sent to Cambodian Women's Crisis Center (CWCC) for 
victim assistance. 
 
¶8.  (SBU) On May 6, Koh Kong provincial police arrested 46-year-old 
Kun Phally, male and 27-year-old Horm Mao, male, for "Unlawful 
Removal with Purpose," of 11 victims from Kampong Thom to Koh Kong 
 
PHNOM PENH 00000547  002 OF 004 
 
 
province.  Out of the 11 victims, there was one underage victim aged 
¶16.  Police reported that the perpetrators wanted to bring the 
victims to Thailand to work on a fishing boat.  After the rescue, 
police reported that the victims were sent to the provincial MOSAVY 
office, which referred the victims to ADHOC for assistance.  The 
perpetrators are currently in pre-trial detention. 
 
¶9.  (SBU) On May 7, Siem Reap provincial police arrested 41-year-old 
Khech Reth, female, for "Unlawful Removal with Purpose," of two male 
victims and one female victim aged between 21 and 25.  Police 
reported that the provincial judge did not detain the perpetrator 
because she was pregnant nine months pregnant and due to deliver 
shortly.  Police reported that the victims returned to their 
families. 
 
¶10.  (SBU) On May 14, Kampong Chhnang provincial police arrested 
47-year-old Suth Yath, female, for unlawful removal for cross-border 
transfer of nine victims aged between 12 and 16 years.  Police 
reported that the perpetrator is an agent of Human Resources 
Development Co. Ltd., and the perpetrator recruited the victims from 
Kampong Chhnang to work in Malaysia as servants.  After the rescue, 
the victims returned to their families and the perpetrator is 
currently in pre-trial detention. 
 
¶11.  (SBU) On May 22, Kampong Cham provincial police arrested 
29-year-old Ith Amy, female, for unlawful removal for cross-border 
transfer of five male victims from Kampong Cham.  Police reported 
the perpetrator intended the victims to work on a fishing boat in 
Thailand.  After the rescue operation, police reported that the 
victims returned to their families and the perpetrator is currently 
in pre-trial detention. 
 
Police Activity - Procurement of Prostitution Arrests 
--------------------------------------------- -------- 
 
¶12.  (SBU) On April 6, police from AHTJP arrested 62-year-old Rous 
Kech, male, 28-year-old Khun Makara, male, and 32-year-old Im 
Sothearith, male, for operating a brothel.  Police rescued 10 
victims and reported one underage victim, aged 16.  Police reported 
that the perpetrator is currently in pre-trial detention and nine of 
the victims returned to their families while the underage victim was 
sent to International Justice Mission (IJM) for victim assistance. 
 
¶13.  (SBU) On May 7, Banteay Meanchey provincial police arrested 
28-year-old Chang Ngoch Nga, female, 62-year-old Young Thy Hvay, 
female and 25-year-old Moung Chan Daravuth, male, for operating a 
brothel.  Police rescued six victims and reported that there was one 
underage victim, a 13-year-old female.  All of the rescued victims 
were sent to IJM for victim assistance and the perpetrators are 
currently in pre-trial detention. 
 
Court Activity 
-------------- 
 
14  (SBU) On May 28, Phnom Penh Municipal Court convicted 
23-year-old Khut Saroeun, male, in absentia under Article 11 
"Unlawful Removal for Cross-border Transfer," for the transportation 
of a 19-year-old female victim to sell in Phnom Penh.  The court 
sentenced the perpetrator to seven years in prison in absentia and 
issued an arrest warrant for the judicial police to arrest the 
perpetrator. 
 
¶15.  (SBU) During the second quarter, the PPMC reported the March 25 
conviction of 59-year-old Sar Kirivorn, male, and 33-year-old Pov 
Phoeun, male, under Article 27 "Aggravated Procurement of 
Prostitution" of a 17-year-old female victim.  The court sentenced 
Sar Kirivorn to seven years in prison and Pov Phoeun to eight years 
in prison. 
 
Investigation and Prosecution of Child Sex Tourism 
--------------------------------------------- ----- 
 
¶16.  (SBU) The PPMC reported the February 25 conviction of 
33-year-old Canadian national Neil Christopher Paul in absentia 
under Article 34 "Purchase of Child Prostitution" and sentenced the 
perpetrator to 10 years in prison.  The court ordered the 
perpetrator to pay USD 30,000 to the plaintiff. 
 
¶17.  (SBU) On April 7, the PPMC convicted 60-year-old American 
national Richard David Mitchell for the purchase of child 
prostitution.  The victim was a 13-year-old female.  The court 
changed the charge from Article 43 "Indecent Act against a Minor 
under Fifteen Years" to Article 34 "Purchase of Child Prostitution" 
and Article 48 "Additional Penalties".  The court sentenced Mitchell 
to serve one year in prison, plus five years probation in lieu of an 
additional two years in prison.  The court ordered Mitchell's 
deportation following completion of the sentence, and ordered him to 
pay USD 2,000 to the victim through her representative, World Hope 
 
PHNOM PENH 00000547  003 OF 004 
 
 
International (WHI). 
 
¶18.  (SBU) On April 11, Phnom Penh police worked with Action Pour 
Les Enfants (APLE) to secure the arrest of 61-year-old French 
national Jacques Bernard Rene Collinet at International Guesthouse 
and rescued one 15-year-old female victim.  Police reported that the 
perpetrator was charged with Article 34 "Purchase of Child 
Prostitution" and that the perpetrator is currently in pre-trial 
detention.  Police reported that the victim was sent to WHI for 
victim assistance. 
 
¶19.  (SBU) On April 11, Phnom Penh police worked with APLE to secure 
the arrest of 62-year-old Greek national Kampolio Chistos and 
rescued one 15-year-old female victim.  Police reported that the 
perpetrator was charged with Article 34 "Purchase of Child 
Prostitution" and that the perpetrator is currently in detention 
awaiting trial.  Police reported that the victim was sent to WHI for 
victim assistance. 
 
¶20.  (SBU) On April 17, Phnom Penh police worked with APLE to secure 
the arrest of 47-year-old Phong Thanakorn, male, for purchasing 
child prostitution.  Police reported that there was one male victim 
aged 15.  Police reported that the perpetrator is currently in 
pre-trial detention and the victim was returned to his family. 
 
¶21.  (SBU) On May 6, Phnom Penh police worked with APLE to secure 
the arrest of 62-year-old Swedish national Johan Brahim Escori for 
sexually abusing one nine-year-old male victim.  Police reported 
that the perpetrator was charged with Article 43 "Indecent Acts 
against a Minor under Fifteen Years."  Police reported that the 
perpetrator is currently in pre-trial detention and that the victim 
was sent to the Phnom Penh MOSAVY office for victim assistance. 
 
¶22.  (SBU) On May 18, Phnom Penh police worked with APLE to secure 
the arrest of 60-year-old American national Mark Stephan Freitag, 
male, and rescued three underage male victims aged between 14 and 15 
years of age.  Police reported that the perpetrator was charged with 
Article 34 "Purchase of Child Prostitution" and that the perpetrator 
is currently in pre-trial detention.  Police reported that the 
victims were sent to the Phnom Penh MOSAVY office. 
 
Other Activity 
--------------- 
 
¶23.  (SBU) During the second quarter, IJM carried out four 
successful operations separately in Poipet, Banteay Meanchey, Preah 
Sihanouk and Siem Reap province and rescued 12 victims.  Police 
confirmed that they arrested 10 perpetrators through the various 
operations. 
 
¶24.  (SBU) APLE reported that on May 5, Preah Sihanouk provincial 
court convicted 43-year-old Roger Michel Blanchard, a French male, 
for committing sexual acts with an 11-year-old male victim.  The 
provincial court sentenced Blanchard to one year in prison, with 
three months suspended, under Article 43, "Indecent Acts against a 
Minor under Fifteen Years" and ordered Blanchard to pay USD 50 in 
victim compensation.  At the time of trial, Blanchard had served 9 
months of pre-trial detention; the court's suspension of 3 months of 
the prison term meant Blanchard would have exited prison the 
following day.  The general prosecutor at the Appeals Court 
immediately appealed the case, due to concerns over the light 
sentence and compensation.  The perpetrator was not released and 
remains in detention awaiting the appeal trial.  The trial date at 
the Appeals Court is not yet set. 
 
¶25.  (SBU) On May 23, local NGO Cambodian Human Rights and 
Development Association (ADHOC) in Steung Treng province received a 
complaint from a 14-year-old female victim's family against 
48-year-old perpetrator Chan Sophal, female, for trafficking the 
victim from Steung Treng province to Phnom Penh.  ADHOC reported 
that perpetrator, who is the victim's aunt, persuaded the victim's 
mother to send the victim to Phnom Penh for a better job.  The 
victim's mother subsequently learned that the perpetrator sold the 
victim instead.  The victim's mother filed a complaint against the 
perpetrator to provincial police.  ADHOC reported that the police 
are searching for the perpetrator and the victim.  Their whereabouts 
are unknown. 
 
¶26.  (SBU) Cambodian Defenders Project (CDP) received one new case 
related to "procurement of prostitution," in which one rescued 
prostitute was under age 18.  CDP provided legal support and lawyers 
for the victims. 
 
¶27.  (SBU) World Hope International (WHI) received 15 rescued 
victims of sex trafficking, between the ages of 13 and 21 years old. 
 Of the 15 victims, seven are Cambodian, seven Vietnamese, and one 
Khmer-Vietnamese.  WHI reported that out of the 15 trafficked 
victims, four of them were abused by foreign pedophiles. 
 
PHNOM PENH 00000547  004 OF 004 
 
 
 
¶28.  (SBU) AFESIP reported that the organization filed four 
complaints to police on behalf of victims.  AFESIP also provided 
assistance to 11 rescued victims from two raid operations carried 
out by the police from the AHTJP. 
 
RODLEY