Comments from www.wowasis.com Travel Blog
Darnaudet with Urmi
It's difficult to say what kind of justice you will get, once you are accused. This is Cambodia and not any western Country where you can depend at least a little bit on the Jurisdiction. In Cambodia you will need MONEY before anyone will even lend you an ear. Beeing accused of child abuse is as good as guilty in most people's eyes, even or perhaps especially in the western world.
Here is an overview of the different charges that can be brought against you, although the penalties have been revised in 2008 so the one's shown on this UNTAC overview are no longer valid.untac-law.jpg
Once you are arrested you have to count on following steps that will be taken against you.
1. Once in Jail you are faced with the accusations against you.
(it is recommended that you do not say anything until your Lawer is present)
2. You will now require a Lawyer that is registered at the appropriate court in Cambodia to defend you. (here it becomes critical that you get an experienced lawyer that preferrably has already won some cases against APLE). Your webmaster is only aware of one such Lawyer but unable to give any recommandations. It is of extreme importance that your Lawyer speaks perfect english in order to understand your comments and translates questions of the court correctly to you. Get a professional translater if you don't understand english. Otherwise your chances will decrease considerably. Don't count on your Embassy to help you. For them you are simply a burden.
3. At different stages, beginning with your arrest you will be asked openly or through 3rd parties to pay money in order to get you released or have your charges reduced. This is where it gets tricky. Some people have successfully paid there way out with relatively moderate amount of money. Others have paid more than 300.000 $ (Alexander Watrin) during his more than 6 year fight against his sentence which has gotten him pretty much nowhere. One year ahead of his scheduled release he was granted a "Royal Pardon" from the Cambodian King Sihamouni. It is doubtful wether his diverse payments had any effect on his early release.
4. Once you are sentenced, you'll have to pay for everything inside the Prison in order to survive. Not an easy task if you are accused having abused children. No one wants to have any contact with you and you are pretty much on your own. Even your own relatives may let you down sighting problems with the press, neighbours or at their workplace. If you are innocent you have to fight all charges at the strongest terms immediately, once you are confronted with the charges. Get an intl. Lawer involved if you can afford one. Once you get out of Prison you have to make a stand again,immediately, possibly at a press conference where you should defend yourself with professional help (intl. Lawyer/Consultant).
5. Once you are released from Jail you will learn that the Media had a feast on your story and the internet is full with your name and picture, thanks to the Press Releases from the NGO's. You are pretty much dead, speaking in social terms. If you are accused of things you did not do, seek professional help and charge the NGO that denounced you with a million $ lawsuit in order to get you rehabilitated and your life back on track. You will never be able to find decent work or a life that is worth living - the value of such destruction is actually more than a million USD. Get your lawyer into a profit sharing deal if you don't have the funds. Lawyers are usually eager to earn a lot of money (who isn't ?) Charge the NGO and their Founder in their home country, not only in Cambodia. Get the Press involved and write to their donors. Once you have damaged their income structure you have achieved a substantial gain. Here again, your claims have to be credible !
6. Once you are released from prison you will find that the actual "punishment" is only just beginning. The Press, TV etc. will together with the NGO monitor every movement that you do. They will run campaigns to get to expelled from the country and send you to your home country. Perhaps your passport has already expired while you are in jail. You have no choice but contact your embassy and ask for a new passport. In most European Countries you may just get a short term provisorial passport that will enable you to fly home. Furthermore you may not get another extension to your visa here and therefore have to leave the country..., forever.
7. Once arriving in your home country the authorities will most likely arrest you again and slap you with a 5 Year Travel Ban and confiscate your passport. You will also be monitored during the whole period and proof that you are rehablilitated at the end of the sanctions. Once the sanctions are lifted the Press will be upon you again and possibly get your neighbours to demonstrate against your living in the neighbourhood. There are cases where convicts have choosen to go back to jail and live there rather than in the "free world".
Rest assured that the public wants your "certain death". As in the UK's Gary Glitter case, the Murdoch Press incited the public at every possible occasion in order to have the MOB rip Glitter to pieces in the street. That would have guaranteed them another profitable headline.
Glitter, a UK celebrity was charged with "molestation" of an underaged vietnamese girl.
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There are now frequent calls to set up a "Legal Center" for the defense of unjust accused victims of APLE's PROTECT Campaign in order to claim compensation from this and similar NGO's like IJM (International Justice Mission) for the damage done.
tpf-cambodia is in no way equipped for such a massive task. It would require specialized Law Offices in the US, European Union esp. France and yes, Cambodia and every Country that has been targeted with APLE's and Global Humanitaria's "PROTECT" Program. One has to consider that this is all about lots of Money, and tpf-cambodia does not accept donations of any kind and doesn't have the resources for it.
Almost all cases had a financial incentive of some sort. This tool (Money) is used by both sides (the Accused and the Accuser) in order to turn things in their favour. A recent case against an American shows, just how much Money as a tool is used in the Process. (Sept.2011)
In many of APLE's and CWCC's CWCC - Inventor of a corrupt system cases against westerners the Khmer Families of children involved have beeing promised to receive sizeable amounts of money if they "cooperate" with APLE's Lawyer to get the accused convicted.
The sums promised to the family can vary but has beeing between 5.000, 10.000 USDcamacho-trial.jpg
and even 40.000 $ per case. This "incentive" has to be seen in context of the income situation of the average Cambodian Family and represents an income of several years or possibly a lifetime where the average salary for a factory worker is 60-100 $/month. It is extremely tempting for such a family to grab the opportunity and "cooperate" with APLE's Lawyer to get the accused convicted, which usually means several years behind bars and an extradition to the home country of the convict. No reprisals to be feared here for the rewarded family.
On side of the accused and possibly guilty westerner, money is not only offered to the Lawyer, Family of the abused child, Judge and many more hands inbetween to get a lighter or no sentence at all. If one reads the "Pedo File exchange between Darnaudet and Makhout"The email Files it is clear that without an exchange of bribe there is no way cut short or out of jail.
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But there are other cases, of legitimate support and help:
The big challenge for all those that simply want to help a family or Child in need to send their kid to school or hospital etc. and offer cash as help is "not to be accused of "GROOMING". Almost all NGO's in Cambodia discourage direct AID to a Family or individual in need. AID is their turf and they don't want anyone to interfere.
Philantrophists be warned !
You may fall into a category that will put you on APLE's monitoring list.
The recent case :dagostino-lawyer-dismissal.jpg
dagostino-lawyer-dismissal-1.jpg
shows such a scenario.
Two of APLE's Lawyers have beeing thrown out of court by the Judge, leaving the APLE Lawyers complaining that the family of the "victim" did not "cooperate" and suggesting money is in the Game. This is not the first time for such a scenario.
In fact MONEY is what it's always all about.
Mothers in Cambodia often encourage their children to work or get in a relationship with a foreigner simply to get access to Money, something they never have enough of. Children are sold or offered for Adoption or even send to Jobs in other Countries like Thailand and Malaysia where they are often kept in Slave like Condition and are exposed to exploitation of the worst kind. Exploitation is nothing new to the soul of the Cambodians. They've endured it for centuries.
In d'Agostinos case one can see a foreigner falling in love with the country and it's people. He decides to leave his job and "secure society" in the US and change into a Society where he can experience Job Satisfaction and a feeling of beeing needed. When he finds a Home here he gets the neighbors involved in improving the mudfilled road. And yes, he does even run a Facebook page showing how Neighbors and their Kids help improving their Road.
All this is now used against him.
There are Kids on the Pictures which makes him "guilty" to the Internet and Press Audience.
D'Agostino has over a year spent some ten thousand USD to support a family and their kids nearby his home.: GUILTY !
He has Fotos showing kids,possibly naked, which you can see everywhere in the City and in the Country side. GUILTY !
He works as a Dr. in a local Pedriatic Hospital treating ill Children> GUILTY !
All of this is monitored for Month by APLE. Eventually they catch the Kid closest to D'agostino and lock it up for questioning,indoctrination and threaten it that it will never go home again if it does not confess it was sexually abused. The Kid is denied contact with his mother or any other relative. It is draged to a Hospital where it is examined with his pants down in front of a watchfull audience and traumatized for ever.
In this rare case the Mother of the child does not fall into APLE's trap and scheme that works so well in so many cases of this Organisation. No, the mother is not interested in collecting the usual amount of 10.000 $ or more in compensation for her child, providing she cooperates with APLE and it's Lawyers. And no, she insists that all the Money she received as support from D' Agostino was legitimate and not a price paid to tolerate the abuse of her child.
With this decision she has reduced APLE's hope for additional donor funds considerably. That is also true in a limited way for the APLE's Lawyer, Judge, Police,Jail warden etc. which all profit in the process by draining the accused Child Abuser.
D'agostino's life will be destroyed forever, regardless of the outcome. Even if he is aquitted and able to walk free from the court he will not be compensated in any way. He will be tarnished forever. D'Agostino was finally sentenced to 4 years of jail in Cambodia. Details about his conviction have been sketchy; Fotos of Children in D'Agostino's possession have been claimed as the final tipping point. But does this proof that he abused a child ?
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With APLE's Press Center distributing biased info on the case even the Cambodian Press jumps onto the band wagon and parades the foreign "Pedophile" on the front page, eventhough he has not even beeing sentenced.dagostino-on-khmer-newstand.jpg
As for the intl. and english press in Cambodia and abroad it's pretty much the same picture. dagostino-trial-unravels-ppp.jpg
They are all "embedded" with the APLE Press Release Center and simply cut and paste the "news" whatever the consequences.
Just how much the Press in Cambodia is "in bed" with the NGO's that provide almost 80% of their Ad Revenues can be seen here:
ngo-action-ppp-oct-2011.jpg
ngo-we-really-need-them-ppp.jpg
The above case is "classic". Now Cambodian Mothers know how to hit a jackpot.
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More info on the subject :
NGO Pedophilia controversy heats up in Cambodia
Written By: herbrunbridge - Jun• 16•2010, courtesy of www.wowasis.com
Two sides are squaring up in what promises to be an interesting legal battle in Cambodia over whether NGOs (Non-Governmental Organizations) are illegally entrapping visitors in an attempt to gain convictions for pedophilia.
In May, The Phom Penh Post reported that Sok Sam Ouen, executive director of the Cambodian Defenders Project, has alleged that “NGO activists and police make traps with the mother of a young girl and a sex buyer. As a result, the mother, daughter, and buyer are arrested… the duty of police is to prevent people from committing any crime, not to persuade them.” While Ouen refused to name specific NGOs, Dun Vibol, a defense attorney who has defended people suspected of pedophilia, pointed to the NGO Action Pour Les Enfants (APLE) as allegedly engaging in this practice, aided by police.
The case in question revolves around Claude Jean-Pierre Demeret, who received a three year suspended sentence for sleeping with a 16 year old girl.
According to the Post, Prior to the incident that led to Demeret’s conviction, the girl was being cared for at a shelter run by a local NGO, leading Dun Vibol to question whether the crime could have been prevented in the first place. “Demeret was being investigated by the NGO’s caseworkers and police when they saw him take the girl to sleep with,” he said. “or this case, I was wondering why the girl was freed from the shelter and came to do business as a prostitute with Demeret”
APLE is fighting this accusation through a defamation lawsuit filed with the Phnom Penh Municipal Court. In addition, APLE had lodged a complaint with the Cambodian Bar Association against Dun Vibol. Vibol, for his part, has said he would file a countersuit against APLE if he feels he himself has been defamed.
How this all plays out will be of interest to veteran Cambodia watchers. If it actually involves a trial, witnesses, including children, parents, police, and NGO personnel would probably be subpoenaed. The situation involving pedophilia in Cambodia has been an open wound for years, and allegations, finger-pointing, and innuendo have often been more evident in public discourse than facts.
This promises to be yet another interesting year, press-wise, in Cambodia.
Posted in Cambodia, Crime Scams & Espionage , Phnom Penh | 10 Comments »
Wowasis admin says:
June 30, 2011 at 12:37 pm
WoWasis here. There have been a tremendous number of comments on this post, many of which we’ve chosen not to print, as they were essentially redundant. We won’t be adding any more posts to this thread, but instead are suggesting what we think is a very good approach to begin to look at this critical issue. We invite you to view our new post regarding the NGO issue in Cambodia at http://www.wowasis.com/travelblog/?p=3153
- The folks at WoWasis
Well wisher says:
June 21, 2011 at 3:19 pm
There have been Cambodian TV documentaries exposing APLE, many cases that have been won in court by innocent persons who paid, various accusations against Sam in many countries, so called victims coming clean with testimony to the court, cover ups of the atrocities against the alleged underage victims who are kept locked in the APLE hostel for months and years while the trial goes on under the pretense that if they are let out on the street they will fall prey to the influance of the criminals. Mothers and children are themselves charged to keep them under fear of telling the truth. To get free if you are charged you will have to pay at least 50,000 usd. This money goes to APLE through it’s lawyers, to the judges, to the prison officials, a very small fraction to the victims, and to the press. The press especially, Cambodia Daily is fed with allegations and trumped up stories that find their way into the International press through Reuters that bias the case and damage the reputation and life of an accused even before the due process of law and trial is complete. The depth and extent of this corruption is beyond belief.
And the way it ruins the lives of the used victims, the false imprisoned in Prey Sar where conditions are so severe and the stigma’s attached to this type of crime drive people even to suicide or life threatening health conditions develop. Such abused prisoners are ripe candidates for paying any amount of money to get out. This is the goal of APLE, money and not fighting sex crimes. many Cambodian officials and right up to the Royal family themselves use teenage girls for enjoyment but the Cambodians are never charged like foreigners.
wayne says:
June 21, 2011 at 2:59 pm
I am a victim of APLE’s injustice and set up having spent 1 year in Prey Sar prison for false charges. There are numerous cases where APLE has seduced or set up foreign tourists in underage sex scandals for the pupose of extracting huge amounts of money for themselves. They use the same victims over and over again and sometimes they are not at all underaged but have no birth records to prove anything so the claim of APLE and the so called victims is held as the truth. From within the system no one can tell the truth or they will have no chance of justice. And once outside again if you have paid to get out you never want to speak out for fear of some other trumped charges in your country of origin. Dun Vibhol is a honest man who is trying to save and crusade for innocent people exploited from the APLE. Yes there are legitimate cases and the perpetrators should be dealt with to the full scope of the law. The common understanding in the impune judical system for alleged sex offenders is guilty or innocent makes no differance, pay and go home and do not pay and get sentenced. Some Cambodian officials and courts judges are also invloved in this racket. In my case my family receieved blackmail and extortion letters from APLE to pay 40,000 USD or i would have to spend 20 years in prison. This is just the tip of the iceberg as far as the NGO-Police nexus of the real crimes commited in Cambodia.
survivor says:
June 20, 2011 at 10:47 pm
Hi, I am dan and i am still alive. Surprisingly !! All of my communication has beeing hacked and hundreds of spam was attached to each email. I would not be surprised if the .org in question is trying to download childporn on my pc. that would give them the chance to get me out of their way and continue their evil cause. Krampz don’t worry i’ll be fine and will find a way to get in touch with you one way or the other.
thanks for your help to reveal the truth. You have beeing punished and stick to the truth and you have 5 years of restrictions etc. , no passport.
I believe one has to grant a person to regain his life after the punishment.
dan unsel says:
June 10, 2011 at 3:16 am
I have just recently found a contact to a french guy which was arrested in sihanoukville in 2008 and sentenced to 18 Month/Jail. He became one of Thierry Darnaudet’s best friends ! I have obtained more than 85 email exchanges between the pedophile and darnaudet aswell as exchanges between darnaudet and APLE’s country director for cambodia samleang seila which proofs the corruption scams this org has created in cambodia. They and their more than 50 man/woman strong snitch army make every white male a target In the cambodian enviroment their business model is thriving. For all of those that are married to a khmer woman and have a child it’s pure hell.
Anonymous says:
May 16, 2011 at 3:20 am
Darnaudet – ain’t that the guy who works without visa in India and illegally has at least 2 passports to do so?
Why do French and Indian authorities not look into this guys activities????
Cambo says:
May 15, 2011 at 9:41 pm
Interesting is, this French NGO “President” is a very questionable figure himself not only for attempting to commit suicide and being accused of child abuse himself. He works in India without proper work permit, using 2 passports, entering India as ‘tourist’, staying max of 6 months, exiting, then re-entering on a different passport and visa, in order to stay another 6 moths. He is doing this since 20 years+.
Who sponsors individuals like that?
Does anyone know the legal situation of this in India?
For what I researched, using more than 1 French passport is a crime as well.
Why nobody checks on this?
I happen to know what “educational background” he has – NONE, not even a High School Diploma!!!
Anonymous says:
March 10, 2011 at 12:04 am
Matthew Harland, 38, was arrested in the capital Phnom Penh last May for buying sex from an 11-year-old and a 12-year-old in 2006.
Phnom Penh Municipal Court also ordered Harland to pay each of the victims one million riel ($250) in compensation.
“The verdict offers justice to the victims,” said Peng Maneth, a lawyer for the girls.
“But it is regrettable that the court did not order him to be deported after serving the sentence. He is still young and has job opportunities in Cambodia and he could cause more harm to other children.”
A British police report said Harland jumped bail from Britain in 2005 after being arrested on child pornography charges, according to Cambodian police.
Cambodia launched an anti-paedophilia push in 2003 to try to shake off its reputation as a sex predators’ haven. Dozens of foreigners have since been jailed for child sex crimes or deported to face trial in their home countries.
Dan Unsel says:
January 10, 2011 at 11:53 pm
PROTECT is a joint invention program of french national Thierry Darnaudet’s NGO
http://www.aplecambodia.org and spanish national andres torres of spanish NGO http://www.globalhumanitaria.org (see also their impressive Worldship fundraising project
http://www.protectcamboya.org/presentacion.asp and
http://www.marketwire.com/press-release/Humanitaria-Foundation-Sponsors-Spectacular-Voyaging-Peoples-Expo-Serve-Global-Needy-1110278.htm)
Both claim to be active in childprotection but seem to be more oriented in money making and polarizing societies (in Cambodia they employ more than 50 local spies to watch over every white male visitor or expat in cambodia, which has created a poisoned atmosphere in the country).
Thierry Darnaudet has twice tried to commit suicide in 2007 in India (Kolkata and Puri) which led to the speculation that he himself has abused children in his children home in India. Meanwhile many reports of foreigner arrests in cambodia on accusation of childabuse have turned out to be false or setup by the joint operation of the aple cambodia org., the police and some street children in order to extract money from the foreigner. I am not surprised that this business modell has now found its way to not only france and belgium but also spain and god knows where else.
If you dare to speak out against these people you will immediately be accused of beeing a pedophile yourself or at least a sympathizer which will immediately discredit you in your society. Since the above orgs work in great secrecy you will find it hard to produce hard evidence about their wronged programs.
Not to allow any misunderstandings here: everyone (male or female) that sexually or otherwise abuses a child should face the hard reality of the law. no one, not even Thierry Darnaudet or Andres Torres should be allowed to stand outside the law.
ana says:
November 4, 2010 at 12:47 pm
hello good afternoon I write from Spain I’m trying to find any association found of NGOs working in camboia and are dedicated to accuse individuals on issues of pedophilia unfairly without any kind of tests I have a friend incarcerated here in Spain for that alleged crime for which he PROTECT accused the NGO without any proof just the accusation of a monk help please know there are people unjustly accused and who would coach these NGOs well children to testify against innocent people by
The Court Protocols, an example
This is a Protocol of a typical Court Session regarding Pedophile cases in Cambodia. It should be a warning to everyone to stay away from Children in Cambodia !
Kingdom of Cambodia
Nation Religion King
On behalf of nationwide Khmers
Appeal Court of Phnom Penh
Was founded as legal methods of appointment and activity of tribunal, which was announced to apply according to decree N0 06 code, dated on February 08, 1993, launched a hearing as public in a hearing room of the Appeal Court, on January 29,2009 with the following composition of participants :
Judgment Council
-H.E Ty Neng the president
-H.E Choun Sunleng the counseling judge
-Mr. Sarith Sophal the counseling judge
Prosecutor
-Mr. Pan Kim Lean
Hearing court clerk
-Mr. Seng Bunthen
To make a decision on the Appeal of Penal Proceeding, N0 1018, dated on June 16, 2006 between:
-The accused, XXX, male, 36, single, xxxxx, a designer, present address: village 3, Sangkat 3, Mittapheap district, Sihanoukville, father’s name’s XXX, mother’s name’s XXX, arrested on April 10, 2006, detained on April 10,2006.
The defense attorneys were: 1. Ang Oudom, 2. Pich Sorya
Was accused of paedophilia act, committed at village 3 Sangkat 3, Mittapheap district, Sihanoukville in February 2006, This violation of the penal law which is read and condemned according to article 8 of penal code, is concerned with quashing abduction act and human trafficking.
Victims :
1-Soy Chak, male, 11, Khmer, Rubbish collector (dependent child) Present address: village 2, Sangkat 2 , Mittapheap Sihanoukville, Father, named Ra, died (juvenile)
2-Ty Khiev, male, 12, Khmer, Pupil ( supported by Moloptapang NGO, Father named Heng Sarath,(alive),Mother, named Muth Ly,(died). (juvenile)
3-Soy Soub, Male, 17, Khmer, Dependent Child, Present address: village2, Sangkat2, Mittapheap, Sihanoukville, Father, named Ra,(died), (juvenile).
4- Vian Mean, male, 12, Khmer, present address: Sangkat2, Mittapheap district, Sihanoukville, father, named Yath(alive), mother, named Ping(alive). (Juvenile).
Here are the following facts:
During February 2006 ,XXX persuaded 4 male juveniles to come over to his leasing house at village 3, Sangkat 3, Khan Mittapheap, Sihanoukville and then XXX made instant noodle for all of them to eat and had them taken a bath then had all of them sleep in his room together, and named XXX ordered all of the kids to play his cock and also had sex with them (fucked their assholes).Since Feb 2006, those kids have been rescued by APLE, and the NGO filed a law suit, complained the Premier Court against XXX, accused of pedophilia act, and the court issued a warrant to detain him in Sihanoukville prison temporarily.
-Saw the accused’s answers, who named XXX, answered that he had known two kids, named Ah Thong and Ah Va, had these two boys to clean his house. Awhile later, the two boys asked XXX to allow them to stay with, to provide food, clothes, other education, to pay school fee of English class in Antaraktvib school.The same period of time, Thong and Va were living with him, then there was a friend of the two boys came round, named Soub, but I didn’t know if Soub was neither Thong’s nor Va’s friend he said. Alleging of taking a bath with naked body, sucking boys’ penis , fucking their assholes, having them hold penis were not true, he decried as not fact. But he remembers that named Soub and other three friends whom he didn’t know their names, came over to his house 4 times in Feb 2006, but he allowed them to enter into his house only two times. They came at about 10 o’clock at night, he thought they came for food or taking a bath, he had them eat instant noodle, and they spent the night there until the next morning and he gave them $5 when they went back home. ($5 for all of them), the other two times, he did not allow them to enter, because Thong and Va had told him that named Soub and their friends hah been glue sniffed children. He knew Soub when Soub had a finger wound of failing bicycle, at the end of 2005, XXX bandaged the wound for Soub and told him to come to his house to get wound bandaged. For two nights, the four boys stayed at his house, and he did not suck their penises, take a bath naked nor fucked their assholes, then Thong and Va also spent the nights there, but in different room „Thong and Va slept in their room, I slept in the bed of my room, the four boys slept on the floor of my room. I was not so sure I had fallen asleep first when the 4 boys came round, I used to lose some money too, and an allegation against me that I had committed paedophilia act, it might be caused from my ban on entering into my house of the last two times because they were glue sniffed boys, XXX said.
-Saw the answer of plaintiff, named Soy Chak, answered when the investigating judge asked him: Said „ In 2006 at 10 pm, I met a foreigner who called me while I was begging for money at roundabout, where porridge sold, opposite the Chamber of Commerce, and that foreigner persuaded me to go to his house. I and my brother, named Soub rode on the foreigner’s motorbike to his house. When we arrived at his house where there was a tree in front of that house, the house was made of bricks, concretes, white painted, the door was made of wood, there were a bedroom and a bathroom. When we got into the house, he made instant noodle for us, three of us took a bath naked together in the bathroom. After that he had us watch sex movies, and had us suck his penis, hold his penis, then he fucked Soub’s arseholes until his sperm came out. After all he gave us $10 each, and he had us go back home, we did not spend the night there. It was about ten o’clock at night when we left the house. We noticed that that foreigner has red spot all over his front part, back and bollock“. On forgetting date, around a petrol station, we reached his house, he had us have instant noodle, have a bath, then he sucked my penis and my other two friends’, and then he ordered to wank his penis. When he had sex with us already, he got us to go back home during the night, we were not allowed to spend the night there, then he gave $20 to three of us. When we left, we exited through the front door. That house doesn’t have a back door, there’s only front door. In 2006, I and Ah Tha and Ah Khiev rode on a motordub to that foreigner’s house (Alex’s ) but when we arrived, we knocked the door, Alex opened the door, allowed us to get in, had us eat instant noodle, have a bath, watch TV and suck his penis. After that he told us to go back, we were not allowed to sleep there, he said. He continued „As usual, XXX had us go to his house at 10 pm only “ He gave us $20. This time we did not split, we gave it to our mum.
-Saw the answer of plaintiff, named Soy Soub, answered when the investigating judge asked him: Said „ I met a foreigner at the Caltex station with other two friends, named Khiev and Mean, the foreigner persuaded us to go to spend the night at his house around the Station Hill. The ground floor of the house was made of concretes, and the upward was made of wood, zinc roof tiled, in front of the house there was a tree, and we went there at night. As soon as we arrived at his house, the foreigner had us take a bath naked. After that he had us watch sex movie, and he had all of us take the clothes off, then he took his clothes off, after that he had me wank his penis, he put his penis into Ah Khiev’s arsehole, then fucked Ah Mean’s asshole, and he had me wank his penis until the white sperm came out, we spent the night there until the rooster sang, he let us leave through the front door. Before we left he gave us $10 to split, he did not give us Khmer currency for motodub back home. Two weeks later the foreigner called me to go to the Two Lion Circle Roundabout, he had me stay at his house, but this time I was allowed to go alone. When I arrived he had me eat instant noodle, then played sex video to watch, he had me take a bath together with him, and then he took my clothes off, and he took his off, he sucked my penis until the white sperm came out, he stopped, then he did not fucked my arsehole, and he had me sleep there until rooster sang, he let me go back home, he gave me $10, he did not give any Khmer currency to me. When the third time was one week after , I was playing with kicking flip-flop, I saw the foreigner driving a sport racing motorbike, called Mean to go to his house, that time I rode on the motorbike together with him. When we arrived, he had us take a bath, he made instant noodle, watched sex video, he had us wank his penis one time each, then he wanked mine and Mean’s for about an hour then he stopped acting, and he had us sleep there until rooster shouted then he let us go back home. He gave us $5 and 20000 riel for motodub.
-Saw the answer of plaintiff, named Vian Mean answered mostly the same when the investigating judge asked him: Said „On forgetting date, at about 11 o’clock at night , I was going for a walk in front of the Sorya Hotel, I met a foreigner driving a motorbike to me, and the other one walking to me and asked „ Do you want to sleep with me or not ? “ then I replied right away „ I do.“ And then the foreigner persuaded my friend, named Soub to go together, at that time, the two foreigners rode on the motorbike to go to their house, then named Soub called a motodub to take us there after. When we arrived at the foreigners’ house, we saw both of the foreigners were in the house. Just awhile later, the foreigners had us take a bath and had us lie in the bed , and the foreigners took our clothes off then theirs, next the foreigners caressed my belly and sucked penis, later the foreigner had us lie with the face down, then the foreigners insert phallus into arsehole, then he moved about one minute then the sperm came out on my body. After that the foreigner had a rest for awhile then I fell asleep until over seven o’clock in the next morning. I got up, the foreigner gave $20 to both of us and 1000 riel to split, and the foreigner let us exit through the back door, like for a motorbike to ride back home. After two or three days later, the foreigner called me to sleep at their house again, when we arrived at their house this second time, there were three people. Khiev, Soub and the foreigner. The foreigner committed the same before that was: to have us take a bath, made noodle for us, sucked penis and fucked arsehole till the next morning about over seven o’clock , the foreigner gave us $20 to share. Over many days, we accompanied together to the foreigner’s house again that there were four of people: Chak, Soub and Khiev, and the foreigner committed the act as the same as he did before and every time he had us exit through the back door and gave us $20 to split. Note: When we arrived at the foreigner’s house those three times, after having a bath, he made noodle and played sex movies for us to watch then started to commit the act on us. It was about 10 pm when we left the house. We noticed that that foreigner has red spot all over his front, back and his bullock“. On forgetting date around a petrol station, where we reached his house, he had us have instant noodle , have a bath then he sucked my penis and my other two friend’s, and then he fucked Soub’s arsehole and Akhiev’s 5 times, and he ordered to wank his penis. When he had sex with us already, he got us to go back home during the night, we were not allowed to spend the night there, then he gave $ 20 for three of us. When we left, we exited through the front door. That House doesn’t have a back door, there’s only front door. In 2006, I and Ah Tha and Ah Khiev rode on a Motordub to that foreigner’s house but when we arrived, we knocked the door, XXX opened the door allowed us to get in, had us eat instant noodle, have a bath, watch TV and suck his penis. After that he told us to go back, we were not allowed to sleep there, he said, continued „ As usual he had us go to his house at 10 pm only“. He gave us $20. This time we did not split we gave it to mum.
- Saw the statement of a witness, named Ly Na asserted that she used to live with Alex was namely cleaner and took care of the house for a short time . „While I was living with him, I saw him like assisting Children with food, there were only two steady boys who lived with him temporarily, namely Thong and Va, while I was living with him, I never saw him committed any paedophilia act on any children. For the last time, I did not know anything that XXX was involved with any crime“, She said.
- Saw the statement of a witness, named Kong Dyna, called Va asserted. Three years ago I met XXX at seaside, I had an appointment with to go for a walk, 15 days later I asked my parents to allow me to live with him as a god son, he assisted me with money in studying every day, I was given the house keys to access as usual, while I was staying with him, he had never done anything wrong on me , the allegation against XXX that he had assaulted the children with insults, that was not true, and I never saw XXX abused the children either, because I lived in that house both day and night. I did not know XXX was arrested, and since XXX has been detained, I have no one assists me in studying and feeding any more, he finished.
- Saw the penal verdict No 78, dated on October 17, 2006, made by the Premier Court of Sihanoukville:
1- Condemned, XXX, male, 46, imprisoned for 10 years to be served, but starting from the day arrested on April 10, 2006, charged of paedophilia act, committed at village 3, Sangkat 3, Mittapheap, Sihanoukville, in February 2006. This violation of the penal code, which reads and condemns according to article 8 of penal code is concerned with quashing abduction act and human trafficking.
2- Ordered XXX to pay $ 5000 compensation of damage to the four children who are represented by Mrs Sam Phon Sopharoth as a lawyer and a civil plaintiff, the exceeded request of this above, must be rejected. In the case of the above convict did not have any money of penalty to pay a complete amount, must be jailed to punish and force to demand the money of penalty according to article 7 of code is concerned with the penal law. This verdict was judged and declared as public in front of both parties, in front of the petitioner’s and the accused’s defense attorneys, was entitled to appeal in the determination of law.
- Saw the Appeal of the defense attorney, named Touch Chheng Tech, N 76, dated on October 10, 2006, entirely decried the verdict.
- Saw the Appeal Court’s write-up.
- Saw the Appeal Court General Prosecutor’s conclusion.
During the Hearing
-The accused, named XXX answered that he had appealed because he had not committed like the allegation against him, he knew these two boys, the other one he did not know clearly. He said he knew these two boys, because they had asked money from him, he gave Coke to them and he used to cure their wound. He said that They had been to his house four times without being asked to come over to his house, he had allowed them to enter into the house two times because he were afraid of stealing things, First time, were allowed to get in, second time were allowed to get in, third and fourth time, he did not let them go inside, because the stayed in boys had told him not to permit to get in because it might lose things. „When I was at home, I made instant noodle for them had them take a bath indeed, but I never played any sex movies to have them watch, regarding the CD, I did not know and I did not commit paedophilia act on the children either“ He asserted, continued „ in the house there were two boys who lived there permanently, the two boys came to live and keep watch the house “ he added „I assisted them in studying“ He said he had known Alars, but was not so closed.
-The victim, Soy Soub answered he had known XXX by he used to give some money to 3 of them, persuading to go to his house, when we arrived at his house, he had us take a bath, he had washed us, used to cure the wound at the house indeed, second time he had bathed, and made noodle for us, then he had played sex movies to have us watch, said he certainly had seen the two boys staying at his house. ‘I didn’t know the two boys“ he added. XXX had me suck his penis, He sucked mine, Chak sucked his cock, Ty Khieve also sucked XXX’s, we all sucked his five minutes each until his sperm came out. When Ty Khiev sucked my penis, caused the sperm out , XXX swallowed.“Soub said.
-The victim, Ty Khiev answewed that he had known XXX , said he had known XXX at a place where sold porridge and he was given soft drink by XXX, XXX had him ride on motorbike together with three people to his house, arrived at his house, he wanked Soub’s penis, I wanked XXX’s, said Ty Khiev, after that Ah Chak wanked his until the sperm came out, said Ty Khiev. Second night, XXX sucked my penis, and I sucked his back, and he fucked my arsehole, when his sperm cam out, he sucked Soub’s penis until the sperm came out, Ah Chak did not do anything, but was given $10, said Ah Khiev. Third night, three of us went to the bathroom, XXX sucked my penis in the bathroom, then went to bed, Ah Khiev said. After five days went there one time, the other times, after four days one time. His phallus did not have so much pubic hair because he shaved, when committed I was 13, now I’m 15, said Khiev. Adding that when they had been to XXX house, they went with three boys, XXX picked up the first time we stayed until the next morning, the second time we stayed till midnight, the third time till 5 am. Ah Khiev said.
-The victim, Soy Chak answered that he had forgotten mostly all.
Adding that he had been to XXX's house three times, when he arrived, XXX made instant noodle, played sex video to have him watch. XXX sucked my penis, but the sperm did not come out, and XXX wanked himself, said Ah Chak. They had been there three times, the second night, Ah Khiev sucked XXX’s penis, but the sperm did not come out, Ah Soub
fucked XXX’s arsehole back, Ah Chak said, The third night I did not go to his house, said Ah Chak.
-The accused’s defender, protected his client that the victims answers were not precise, they spoke with confusing things, there was no precision. Once said the had ridden a motorbike with XXX, once said they had come to XXX’s house every 5 days, once said they had come every night, once said they had had some fried noodle, once said they had eaten instant soup noodle, „my client did not commit any paedophilia act on those children, I would like to request to acquit my client“ he said
- The great prosecutor concluded that „According to the victims are juveniles, the answers were not absolutely smooth, somehow forgot, but approved that the accused had committed paedophilia act on the children indeed, Please raise the decision made by the Premier Court of Sihanoukvillle deemed that it was the same validity, said the prosecutor.
- The victims’ defense attorneys protected that „In spite of the face that the answers were not so complete, but there was certain paedophilia act on the children, because it was quite long time ago and all victims were children, therefore the gap in truth indeed it is, but there was only a little bit gap. My request is to ask the jury not to allow the accused enter into Cambodia again after ending up innocent.
- After listening to the accused’s answer
- After listening to the victims’ answers
- After listening to the prosecutor’s conclusion
- After discussing legal, thorough analysis.
The Appeal Court deems that
1-The Appeal No 76, dated on October 17, 2006, Touch Cheng Tech’s , the accused’s defense attorney, made according to determination of law.
2-According to the accused’s answer asserted that regarding to those children he knew only two that is Thong and Va, and these two boys asked him to live with „I assisted them with food, clothes and school fee in Antaraktvib school “said XXX. Adding that the other boys he did not know. While Thong and Va were living with me , Soub came over to Thong and Va, but I did not know if they were friends Soub and his three friends who had come to my house four times, but the last two times, I did not allow them to get into the house, because Thong and Va told me they had been glue sniffed Children, said XXX. „I did not commit paedophilia act on them at all, those children came over to my house and I gave them some money, they alleged against me, It might be caused by anger of ban to enter into my house ,XXX said.
3-The victims’ answers, named Soy Chak Soy Soub Vian Mean and Ty Khiev said that they had been committed paedophila act on The accused, like playing penis, sucking phallus and fucking arsehole, and then gave $ 20 ,$10 us.
4-According to the witness’s answer, named Ly Nha, said that she used to live with XXX as the cleaner, took care of the house, said the XXX like assisting children in studying, like food etc. Only two boys who lived with XXX permanently. They were Thong and Va I never saw XXX committed Paedophilia act on children at all. Nha said
4.1 The witness, named Kong Dyna, called Va said that he had asked his parents to give permission to live with XXX as a god son, added that XXX had assisted him in studying everyday, Alex has never done wrong on me , regarding to allegation against XXX of arresting children, abusing them, that was not true, I have never seen that, I have lived with him both day and night, Ly Nha asserted.
5- The witnesses said that the accused had never committed paedophilia act on children, but the victims precisely asserted that they had been committed paedophilia act on by the accused.
6- There was censure on the accused of paedophilia act, committed at village 3 Sangkat 3, Mittapheap district, Sihanoukville in February 2006, This violation of the penal law which reads and condemns according to article 8 of penal code is concerned with; quashing abduction act and human trafficking.
7- The penal verdict N 78 dated on Oct 17, 2006 of the Sihanoukville Premier Court, made properly by law. Should be kept as valid, except the punishment should be reformed properly again, out of this ease should be kept the same.
By the reason, judge:
1-Accepted the appeal N 76 dated on October 17 2006 of the accused’s defender, named Touch Cheng Tech, deemed that was proper by the form of law, but was decried as contrast the process of law
2-Keep the penal judgment No 78 dated on October 17 2006 of the Sihanoukville Premier Court, deemed that is still valid, except the punishment was converted to 7 years according to the article 42 of the law is concerned with quashing human trafficking and doing business on gender, out of this ease is kept the same.
3-Ordered to detain the convict continuously
4-This Sentence was judged as public on January 29, 2009 in front of the accused, the accused’s defender, the petitioner’s defender and the victims, and was announced in public on February 3, 2009 in front of the accused and the victims defenders, in absentia of the accused and the plaintiff, but it was deemed as in front. Authorized the convict to complain against the Sentence to the Supreme Court within determination of law.
Approved
Copied from original record
Phnom Penh, March 03, 2009
The president of council Court clerk
Ty Neng Seng Bunthen
Professional Translation, ADC School in Preah Sihanouk Town, M.P 015 701 791, E-mail: telsamuth@yahoo.com
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a 2008 overview of legal proceedings in Cambodia
The following Situation Report on the Cambodian Legal System was published in early 2009 by the U.S. State Department via the UNHCR. see the Report in full:unhcr2008.html [130 KB]
2008 Country Reports on Human Rights Practices - Cambodia
Bureau of Democracy, Human Rights, and Labor
February 25, 2009
Cambodia is a constitutional monarchy with an elected government and a population of approximately 14 million. In national elections on July 27, the Cambodian People's Party (CPP), led by Prime Minister Hun Sen, won 90 of 123 National Assembly seats. Most observers assessed that the elections took place in an overall peaceful atmosphere with an improved process over past elections. However, observers noted the elections did not fully meet international standards. The CPP continued to dominate the three branches of government and other national institutions, with most power concentrated in the hands of the prime minister. Although the civilian authorities nominally controlled the security forces, in many instances security forces acted under directives of the CPP leadership.
The government's human rights record remained poor. Security forces committed extrajudicial killings and acted with impunity. Detainees were abused, often to extract confessions, and prison conditions were harsh. Human rights monitors reported arbitrary arrests and prolonged pretrial detention, underscoring a weak judiciary and denial of the right to a fair trial. Land disputes and forced evictions were a continuing problem. The government restricted freedom of speech and the press and at times interfered with freedom of assembly. Corruption was endemic. Domestic violence and child abuse occurred, education of children was inadequate, and trafficking in women and children persisted. The government offered little assistance to persons with disabilities. Antiunion activity by employers and weak enforcement of labor laws continued, and child labor in the informal sector remained a problem.
On February 15, the government passed and promulgated a comprehensive Law on Suppression of Human Trafficking and Sexual Exploitation containing provisions criminalizing all forms of human trafficking. By year's end the Cambodian National Police had arrested perpetrators in 48 trafficking-in-persons and related cases, and the courts had convicted at least 12 persons on trafficking-related charges.
RESPECT FOR HUMAN RIGHTS
1. Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports that the government or its agents committed politically motivated killings; however, human rights nongovernmental organizations (NGOs) reported that extrajudicial killings continued to occur.
From January to August, the Cambodian Human Rights and Development Association (ADHOC) recorded 40 cases of extrajudicial killings, 16 of which allegedly were committed by police, 15 by soldiers, and the remaining nine reportedly by local-level government officials. Police arrested suspects in at least three cases.
On April 13, a Palhal Commune police officer in Tbeng Meanchey District, Preah Vihear Province, shot and killed Buern Soksina during a motorcycle chase. The victim reportedly was unarmed. The officer paid the victim's family five million riels (approximately $1,250). At year's end there was no arrest in the case, and the police officer remained on duty.
On April 12, a villager who had sustained head injuries after government security forces beat him during the November 2007 Preah Vihear eviction died. An NGO reported that the victim had remained in pretrial detention until April 6, when he was taken to the hospital for medical treatment. According to the NGO, a hospital doctor stated that the deceased died from a previously undiagnosed brain disease; however, the NGO claimed that the villager died from head injuries.
On October 2, military soldier Heng Phanith reportedly opened fire into a small crowd gathered near his parked car after the soldier found damage to his car, killing bystander Suon Chanthoeun and injuring two others. Heng Phanith fled the scene, and at year's end his whereabouts were unknown. The Phnom Penh Municipal Court reportedly issued an arrest warrant for the soldier. His family reportedly paid monetary compensation to the deceased victim's family and was negotiating to compensate one of the other victims.
Political and human rights activists continued to be the victims of killings, but NGOs, international organizations (IOs), and police could not confirm that the deaths were politically motivated. During the year there were as many as 17 killings of political activists reported, with NGO and IO investigations coming to different conclusions and indicating that anywhere from none to seven of the killings may have been politically motivated.
On May 7, villagers in Tak O'Khang Cheung Village, Kirivong District, Takeo Province, found in an irrigation channel the body of Cheang Sorm, reportedly a former CPP activist who a local Human Rights Party (HRP) chief claimed had switched to the HRP. CPP officials denied the deceased had switched parties. A police investigation concluded that Cheang Sorm died after accidentally falling and closed the investigation. An NGO reportedly viewed photos of Cheang Sorm's corpse showing his head twisted in a way that suggested his neck may have been broken and his front teeth broken and missing. One NGO investigation concluded that the incident was politically motivated.
On May 17, Norodom Ranariddh Party (NRP) Deputy Chief Sok Run in Banteay Dek Commune, Kien Svay District, Kandal Province, was found dead in an irrigation channel with bruises on his back and signs of bleeding from his nose, ears, and eyes. He was last seen alive walking home after inviting village NRP members to a meeting. A local police investigation concluded that Sok Run accidentally fell to his death. NGO investigations concluded that an unidentified assailant caused the injuries and that the death was politically motivated.
On July 11, unidentified assailants on a motorcycle shot and killed journalist Khem Sambo, known for his work for pro-opposition Sam Rainsy Party (SRP) newspaper Moneaksekar Khmer, and his 22-year-old son, Khat Sarintheada. Some investigators noted eyewitness accounts that after shooting Khem Sambo and driving away, the assailants returned to the scene and fired additional shots at his son. At year's end the investigation was ongoing, and the identity of the killers and their motive remained unknown.
There were no developments in the following cases: the February 2007 death of Khmer Kampuchea Krom monk Eang Sok Thoeurn, who was found with his throat cut in Kandal Province; the February 2007 killing of SRP activist Chea Sovin, who was shot in Battambang Province; the April 2007 incident involving police officer Siv Soeun, who killed a person in Kampong Cham Province; or the July 2007 killing of SRP commune level vice party chairperson Kleb Un.
There were no developments in the following 2006 deaths: SRP activists Koent Chhuon and Thoeung Thear; Pao Rum and Khat Thoeun; 10 inmates killed after escaping from Kampong Thom and Battambang prisons; and Nong Sam.
Mines dating from the Indochina conflict and Khmer Rouge period continued to cause casualties. According to the Cambodia Mine/UXO Victim Information System, during the year mines and unexploded ordnance caused 47 deaths, 47 amputations, and 169 other injuries.
Local NGOs reported two mob killings during the year – one related to a gambling dispute, the other to a theft. No suspects were arrested in the cases. An NGO reported five cases of mob killings in 2007. In previous years NGOs noted that a majority of mob killings were related to thefts, robberies, or suspected witchcraft.
There were no developments in the June 2007 mob killings in Kampong Speu and Kampong Chhnang provinces.
b. Disappearance
There were no reports of politically motivated disappearances during the year.
On June 28, a Vietnam prison released Khmer Kampuchea Krom monk Tim Sakhorn, head of a pagoda in Takeo Province who disappeared from Cambodia in June 2007; at year's end he was reportedly under house arrest in Vietnam with constant police surveillance.
In the August 2007 disappearance of Land Border Protection Unit 504 soldier Im Bun Ny, at year's end there were no arrests, and Im Bun Ny remained missing. Four soldiers from his unit reportedly paid compensation to the victim's family. The soldiers allegedly had beat Im Bun Ny to death and buried his body.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits such practices; however, beatings and other forms of physical mistreatment of police detainees and prison inmates continued to be a serious problem.
There were credible reports that military and civilian police officials used physical and psychological torture and on occasion severely beat criminal detainees, particularly during interrogation. NGO reports stated that authorities allegedly tortured at least 85 prisoners, of whom 78 were tortured in police custody and seven in prisons. Kicking, punching, and pistol whipping were the most common methods of physical abuse, but techniques also included electric shocks, suffocation, caning, and whipping with wire. NGOs reported that it was not uncommon for police to torture detained suspects until they confessed to a crime. Courts used forced confessions as legal evidence during trial despite admissibility prohibitions under the law.
ADHOC noted that there were 110 cases of physical assaults on civilians by local authorities, government agents, or private bodyguards during the year, compared with 181 cases in 2007.
At year's end there was no arrest in connection with the May 2007 case of Kampong Speu Province military police officer Prak Vutha, who reportedly arrested and beat unconscious a man named Sok Soeun.
There were no developments in the following 2006 cases: two policemen from Border Protection Unit 701 implicated in the beating of a 13 year old boy, Police Commissioner Team Sangkriem in Preah Vihear Province and three other police agents who detained Kong Salath without a warrant and beat him, and Battambang military police who reportedly beat a motorist. In the 2006 case of Tous Sdoeung, whom two military police officials allegedly tortured to death, there were no arrests or court action; the police officials reportedly paid compensation to the victim's family.
Reliable reports indicated that some police and the Ministry of Social Affairs, Veterans, and Youth Rehabilitation (MOSAVY) guards raped, physically abused, robbed, and extorted some detainees in police custody and MOSAVY rehabilitation centers.
Prison and Detention Center Conditions
Prison conditions did not meet international standards. Conditions remained harsh and at times were life threatening. Government efforts to improve them continued to be hampered by a lack of funds and weak enforcement. Human rights organizations cited a number of serious problems, including overcrowding, medical and sanitation problems, food and water shortages, malnutrition, and poor security.
There were reports at some prisons that cells of 40 by 20 feet held up to 110 prisoners. At Correctional Center 1 prison, cells of 26 by 26 feet held an average of 50 prisoners. In some prisons authorities used shackles and held prisoners in small, dark cells as a form of harsher punishment. There were reports that at least 36 prisoners died in custody in 18 prisons during the year.
On April 6, in the Toul Sangke area of Russei Keo District in Phnom Penh, a mob beat Bun Vannarith for allegedly stealing a necklace. After police arrived on the scene, they took the man to the hospital for treatment but then removed him with a doctor's approval and placed him in police detention. Police later found Bun Vannarith dead in his cell; there was no police investigation of his death.
On April 28, 21-year-old prisoner Yan Sok Kea died at Preah Monivong Hospital, reportedly from a high fever. An NGO believed the death was the result of delays in providing medical treatment.
On November 21, 24-year-old prisoner Heng Touch died at Calmette Hospital in Phnom Penh. Prey Sar prison officials reported that Heng Touch was trying to kill himself by banging his head against a wall. However, persons close to the victim reported that before Heng Touch was sent to the hospital, he told them that he had been beaten with a metal rod wrapped with cloth. An NGO reported Heng Touch had serious injuries to his skull and torso. A hospital medical certificate stated that he suffered multiple traumas and died while in a coma. The victim's family filed a complaint to the Phnom Penh Municipal Court, and the court investigation reportedly was ongoing at year's end.
An NGO reported that one elderly woman died while in detention in one of the MOSAVY rehabilitation centers, having had no access to medical care.
Government ration allowances for purchasing prisoners' food routinely were misappropriated and inadequate, exacerbating malnutrition and disease. One NGO claimed that in some cases prison authorities sold the NGO's donations of supplemental food intended for prisoners. According to rights organizations, families had to bribe prison officials to visit prisoners or provide food and other necessities. NGOs reported that prisoners whose families bribed prison authorities received preferential treatment including access to visitors, transfer to better cells, and the opportunity to leave cells during the day.
There were credible reports that officials demanded bribes before allowing prisoners to attend trials or appeal hearings and before releasing inmates who had served full jail terms.
In most prisons there was no separation of adult and juvenile prisoners, of male and female prisoners, or of persons convicted of serious crimes and persons detained for minor offenses. Pretrial detainees were routinely held together with convicted prisoners. As of December 703 minors ages 13 to 17 reportedly were incarcerated, and many were held in prisons that did not have facilities to separate minors from adult prisoners. Also as of December, it was reported that three pregnant women were in prison, and at least 43 children were detained together with their mothers.
The government generally continued to allow international and domestic human rights groups, including the International Committee of the Red Cross, to visit prisons and provide human rights training to prison guards. However, NGOs reported that at times cooperation from local authorities was limited, sometimes making it difficult to gain access to pretrial detainees. The Ministry of Interior (MOI) continued to require that lawyers, human rights monitors, and other visitors obtain permission prior to visiting prisoners. The MOI withheld such permission in some politically sensitive cases. Contrary to previous years, at times officials permitted NGOs to interview prisoners in private.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention; however, at times the government did not respect these prohibitions. The criminal procedures code allows for pretrial detention of up to six months for misdemeanors and 18 months for felonies. Legal Aid of Cambodia reported that some accused were held in pretrial detention longer than the legal time limit, sometimes without legal representation or trial. Additionally, some courts lost case files during pretrial detention periods, delaying court procedures.
ADHOC reported at least 96 cases of illegal arrest or detention during the year. ADHOC stated that victims in 46 illegal detention cases subsequently were freed following detainee complaints, interventions by human rights NGOs, or payment of bribes. ADHOC believed that the actual number of arbitrary arrests and detentions was somewhat higher, because some victims in rural areas did not file complaints due to difficulty in traveling to the NGO's offices or out of fear for their family's security. According to ADHOC, authorities took no legal or disciplinary actions against the persons responsible for the illegal actions.
Role of the Police and Security Apparatus
The General Commissariat of the National Police, which is under the supervision of the MOI, manages all civilian police units. The police forces are divided into those who have the authority to make arrests, those without such authority, and the judicial police. Military police are permitted to arrest civilians on military property or when authorized by local governments.
Police officials killed citizens and committed other abuses with impunity, and in most cases the government took little or no action. There were reports that police, prosecutors, investigating judges, and presiding judges received bribes from owners of illegal businesses.
The law requires police, prosecutors, and judges to investigate all complaints, including those of police abuses; however, in practice judges and prosecutors rarely conducted an independent investigation prior to a public trial. Presiding judges passed down verdicts based only on written reports from police and witness testimonies. In general police received little professional training. Police who failed to prevent or respond to societal violence were rarely disciplined.
On July 11, Brigade 70 Major Meur Bora reportedly beat two men after the vehicle they were driving scratched the side of Meur Bora's vehicle. Phnom Penh police detained Meur Bora overnight but released him the next day after he gave money to the victims. There was no further police or court investigation into the case.
On August 3, the unidentified driver of a vehicle belonging to the prime minister's nephew struck and killed a man on a motorcycle. Local police stationed nearby reportedly left the scene without taking action. Military police arrived; however, the driver later left the scene without charge. Several days later the victim's family was reported to have been paid $4,000 in compensation. There was no report of further police or court investigation into the case.
On September 4, a person believed by some witnesses to be a government bodyguard shot and killed a woman while reportedly playing with a gun during a drinking bout in a restaurant in Kandal Province. Later that night Phnom Penh police arrested the perpetrator; however, the court released him without charges. The alleged perpetrator reportedly gave 10.8 million riel ($2,700) to the victim's family as compensation. At year's end the case was under review by the Kandal Provincial Court investigating judge.
There were no developments in the following 2006 cases: an antidrug department and military police officer who shot and injured singer Sovansocheata; two Brigade 70 military unit officials who shot and injured a person in Phnom Penh; a military officer who shot and injured a garment factory worker; or the appeal of the 2006 acquittal of three judges, two deputy prosecutors, and two court clerks originally convicted, then retried after appeal on finding of a mistrial, on charges of corruption and corruption related conspiracy. In the 2006 case of three police officials accused of raping a 12 year old girl, on July 4, the Siem Reap Provincial Court convicted in absentia the officials to 17 years in prison each. However, police reportedly were not able to locate the three to enforce the sentence.
Arrest and Detention
The law requires police to obtain a warrant from an investigating judge prior to making an arrest, but police may arrest without a warrant anyone caught in the act of committing a crime. The law allows police to take a person into custody and conduct an investigation for 48 hours, excluding weekends and government holidays, before charges must be filed. In felony cases of exceptional circumstances prescribed by law, police may detain a suspect for an additional 24 hours with the approval of a prosecutor. However, authorities routinely held persons for extended periods before charging them. Many prisoners, particularly those without legal representation, had no opportunity to seek release on bail. Under the criminal procedures code, accused persons may be arrested and detained for up to 24 hours before being afforded access to legal counsel, but prisoners routinely were held for several days before gaining access to a lawyer or family members. According to government officials, such prolonged detention largely was a result of the limited capacity of the court system.
In June human rights groups reported the arbitrary detention of prostitutes detained after brothel raids and persons who were homeless, including the mentally ill, pregnant, sick, elderly, and children, at two rehabilitation centers run by MOSAVY in Phnom Penh and Kandal Province. The detainees had not been charged with a crime by police or courts but reportedly were held behind bars in the rehabilitation centers. In June and September, MOSAVY released the detainees from the centers.
It was reported by an NGO that as of December at least 25 pretrial detainees had been detained longer than the four month limit for misdemeanors and the 18-month limit for felonies.
On February 18, Order Police in the Cham Chao district of Phnom Penh detained Priep Pov, a police officer who was involved in a Kep Municipality land dispute with Princess Norodom Marie Ranariddh, and held him without charges for five weeks. Police reported that they had the right to detain another officer as part of their internal disciplinary procedures. However, the 1995 Declaration on the Discipline of the National Police Forces specifies only warnings, demotions, expulsions from units, or court prosecution as punishments. On March 24, Priep Pov was released for medical attention. Criminal charges were filed against him with the Kampot Province Court in relation to the land dispute. No action was taken against Phnom Penh Order Police.
There were no developments in the following 2007 arrest and detention cases: two military police officials in Banteay Meanchey Province who detained Kim Heang without a warrant; or the Ratanakiri Province pretrial detention and sentencing of a 13 year old Jarai ethnic minority youth to eight months and 10 days, despite his being under the minimum age for imprisonment when he was arrested. At year's end the youth remained in jail, and the appeals court had not set a trial date to review the case appeal, filed by the court prosecutor in May 2007.
At year's end the appeals court had not set a trial date for the appeal of an August 2007 Phnom Penh Municipal Court decision convicting six persons and acquitting two charged with planning bombings at the 2006 Water Festival. Lawyers and NGOs maintained that police did not serve arrest warrants or inform the suspects of the charges against them.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary, but in practice the government generally did not respect judicial independence. The courts were subject to influence and interference by the executive branch, and there was widespread corruption among judges, prosecutors, and court officials.
The court system consists of lower courts, an appeals court, and the Supreme Court. The constitution also mandates a Constitutional Council, which is empowered to review the constitutionality of laws, and a Supreme Council of the Magistracy, which appoints, oversees, and disciplines judges and prosecutors. The composition of both councils heavily favored the CPP.
There is a separate military court system, which suffered from deficiencies similar to those of the civilian court system. While civilians may fall under military court jurisdiction in some cases, the legal distinction between the military and civil courts sometimes was ignored in practice.
In August the Extraordinary Chambers in the Courts of Cambodia (ECCC) refined its internal rules to prosecute more rapidly egregious crimes of the 1975 79 Khmer Rouge regime. In July the ECCC coinvestigating judges brought the closing order (indictment) against Kaing Guek Eav (alias Duch), former Khmer Rouge director of the S 21 torture prison (Tuol Sleng), for crimes against humanity and grave breaches of the 1949 Geneva Convention (war crimes). On an appeal of the closing order, a December pretrial chamber decision added the charges of premeditated murder and torture. At year's end Duch remained in an ECCC provisional detention center awaiting trial. The ECCC continued investigating cases against four other detained Khmer Rouge leaders charged with crimes against humanity and war crimes.
Trial Procedures
Trials are public. Juries are not used; the presiding judge possesses the authority to pass a verdict. Defendants have the right to be present and consult with an attorney, confront and question witnesses against them, and present witnesses and evidence on their own behalf. If a defendant cannot afford an attorney, the court is required to provide the defendant with free legal representation; however, the judiciary lacked the resources to provide legal counsel, and most defendants sought assistance from NGOs or went without legal representation. Trials typically were perfunctory, and extensive cross examination usually did not take place. Defendants and their attorneys have the right to examine government held evidence relevant to their cases; however, at times it was difficult for them to obtain such access, especially if the case was political or involved a high ranking government official or well connected member of the elite.
Defendants are entitled by law to the presumption of innocence and the right of appeal, but due to pervasive corruption, defendants often were expected to bribe judges to secure a favorable verdict. A citizen's right to appeal sometimes was limited by difficulty in transferring prisoners from provincial prisons to the appeals court in Phnom Penh. Many appeals thus were heard in the absence of the defendant.
A lack of resources, low salaries, and poor training contributed to a high level of corruption and inefficiency in the judicial branch, and the government did not ensure due process. During the year the Center for Social Development (CSD) monitored 2,329 felony and misdemeanor hearings with 3,902 defendants and found moderate trial procedure abuses in the Supreme Court, appeals court, and in four of the courts of first instance. In a report of trials observed during the same period, the center stated that courts tried approximately 27 percent of 3,902 defendants in absentia. Defendants were not present during 66 percent of appeals court trials. Of defendants charged with felonies, 83 percent had legal representation, compared with 22 percent of those charged with misdemeanors. In trials monitored by the CSD, 78 percent of juvenile defendants had access to legal representation.
Of 2,329 trials the CSD observed in seven provinces from January to December, many defendants awaiting appeal hearings remained in custody for prolonged periods, sometimes for a year or more. Thirty-six percent were released while waiting for their appeal trial, including juvenile defendants. Authorities released 67 percent of defendants in misdemeanor cases pending appeal hearings. The CSD monitored 464 appeals court trials during the same period and reported that the court postponed 277 for periods of between one week and three months. Of the 260 adult defendants in detention pending appeal, seven were detained for less than four months, at least 27 were detained four to 12 months, 144 were detained one to three years, 66 from three to five years, and 15 more than five years. Of juvenile detainees, 32 percent were detained pending appeal for two to four years.
Observers reported that many cases were pending due to a shortage of judges and courtrooms. Observers also speculated that court officials might have been focusing on cases from which they could gain financial benefits.
There remained a critical shortage of trained lawyers, particularly outside Phnom Penh. Persons without means to secure counsel often in effect were denied the right to a fair trial. According to the Bar Association, approximately 20 percent of the country's 647 lawyers provided pro bono legal counsel to poor persons, which was inadequate to cover the basic legal rights of all of the country's poor.
Sworn written statements from witnesses and the accused usually constituted the only evidence presented at trials. The accused person's statements sometimes were coerced through beatings or threats, and illiterate defendants often were not informed of the content of written confessions that they were forced to sign. In cases involving military personnel, military officials often exerted pressure on judges of civilian criminal courts to have the defendants released without trial.
Court delays or corrupt practices often allowed accused persons to escape prosecution. Government officials or members of their families who committed crimes often enjoyed impunity.
Although the courts prosecuted some members of the security forces for human rights abuses, impunity for most of those who committed abuses remained a problem. In many criminal cases, rich or powerful defendants usually paid money to victims and authorities to drop criminal charges against them. Authorities were known to urge victims or their families to accept financial restitution in exchange for dropping criminal charges or failing to appear as witnesses.
On December 31, the Supreme Court released on bail Born Samnang and Sok Sam Oeun, imprisoned since their 2004 arrest for the murder of labor leader Chea Vichea, and remanded the case to the appeals court for reinvestigation and retrial. In 2007 the appeals court had upheld the original convictions and sentences of 20 years each in prison. During the Supreme Court announcement of its ruling, the court president cited insufficient evidence and gaps in procedures, and he relied on the constitution and new penal code as grounds for the decision.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Civil Judicial Procedures and Remedies
The country has a judiciary in civil matters, and citizens are entitled to bring lawsuits seeking damages for human rights violations. Generally, there are both administrative and judicial remedies. However, the judiciary generally was viewed as corrupt, politically biased, and weak, and according to a September sample survey of adult citizens, 82 percent said going to court was too expensive and required bribing judges or the police. The public appeared especially distrustful of the judiciary to act in a transparent manner when a case was in conflict with the government. Enforcing a court order for a civil or criminal case often was problematic. Persons occasionally turned to vigilante justice.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law provides for the privacy of residence and correspondence and prohibits illegal searches; however, observers reported that police routinely conducted searches and seizures without warrants.
There continued to be reports of authorities entering private properties without proper judicial authorization. Due to the forced collectivization during Khmer Rouge rule and the return of hundreds of thousands of refugees, land ownership often was unclear. The 2001 land law states that any person who peacefully possessed private or state private property (not state public land) without contention for five years prior to the 2001 promulgation of the law has the right to apply for a definitive title to that property. Although the Ministry of Land Management, Urban Planning, and Construction issued its one millionth land title in 2007, most of the country's impoverished population continued to lack adequate formal documentation of land ownership. Provincial and district land offices continued to follow pre-2001 land registration procedures, which did not include accurate land surveys and opportunities for public comment. The Cadastral Commission failed to implement the identification and demarcation of state land, leading to land conflicts, arbitrary evictions, and ill-defined, uncontrolled state development. Widespread land speculation, while slowed somewhat in the last half of the year by stagnating land values, continued to fuel disputes in every province and increased tensions between poor rural communities and speculators. The Cadastral Commission continued to perform its functions slowly. The courts remained responsible for resolving disputes in cases where land was registered or disputants were given land titles. The National Authority for Land Dispute Resolution was ineffective, and confusion existed over its jurisdiction, which overlapped with that of the national and provincial cadastral commissions.
Cases of inhabitants being forced to relocate continued to occur when officials or businesspersons colluded with local authorities. Some persons also used the court system to intimidate the poor and vulnerable into exchanging their land for compensation below market value. ADHOC reported receiving 306 land related cases during the year. During the same period, another NGO received 112 land related cases in Phnom Penh and 14 provinces, affecting a total of 13,397 families. The poor often had no legal documents to support their land claims and lacked faith in the judicial system. Some of those expelled successfully contested these actions in court, but the majority of the cases in the courts were still being processed.
In January Jarai ethnic minority villagers from Kong Yu and Kong Thom villages appeared for questioning before the Ratanakiri provincial criminal prosecutor in connection with their land dispute case involving Keat Kolney, a well-connected individual. In June 2007 Keat Kolney filed a criminal complaint accusing some of the villagers of fraud and defamation. She claimed 1,112 acres of land in Pate Commune, O'Yadau District, Ratanakiri Province, based on 100 land contracts dated August 2004. In July 2007, 42 of the 200 villagers retracted earlier statements and said they willingly sold the land to Keat Kolney. On October 23, the Ratanakiri provincial court appointed a new judge to the case after villagers' lawyers successfully petitioned for the removal of the previous judge on grounds of lack of progress. At year's end there continued to be reports of Keat Kolney's company clearing land in the disputed territory, despite an agreement to halt development there while the court case proceeded.
On February 22, approximately 100 armed police and military police evicted 23 families from a community in the Russei Keo District of Phnom Penh. Some community members protested the eviction. During the protest, authorities beat one woman and injured as many as four others. Despite documents showing residents had lived on the private land since 1994, several businesspersons also appeared to have legitimate titles to the land. The Supreme Court decided that the businesspersons had a legal right to the land and authorized the eviction. Evicted families were not paid compensation.
On March 9, soldiers in the Malai District of Banteay Meanchey Province fired into a crowd of approximately 500 villagers, hitting two in the legs. The villagers were protesting the bulldozing of state land straddling Banteay Meanchey and Battambang provinces, on which they lived and farmed. A man named Chea Sam Ath, who falsely claimed to be a local village chief, and his wife reportedly ordered the soldiers to shoot evictees. Chea Sam Ath and his wife fled; however, at year's end Chea Sam Ath reportedly had returned freely to the village. Villagers allegedly did not file complaints with the courts, and there was no investigation into the shootings. According to one NGO, some of the protesting villagers had bought the land from local soldiers and police officials, who also claimed to own the land; others were squatters.
On June 21 and 22, Brigade 31 soldiers evicted approximately 450 squatter families from the Anlong Kroum area of Chey Sena Villages in Taken Commune, Chhuk District, Kampot Province. Military and provincial government representatives stated that the eviction was part of a relocation program approved by the prime minister to provide land and homes to 260 handicapped soldiers and their families in a military development area already partly occupied by a military tree-planting program. The evicted persons apparently had no clear legal claim to the state land that Brigade 31 commanders claimed the prime minister awarded to the unit in a social land concession. During the eviction the military sealed off the villages and prevented others, including commune officials and police, from entering. Soldiers reportedly gave some squatters slips of paper with land plot numbers on them with a promise that an actual title would come later. Some of those who received the slips of paper were moved to a neighboring village, Kbal Damrey, where existing villagers reportedly were forced to share the land where they lived with the incoming evictees. Some of the existing villagers protested, and soldiers allegedly beat one of them unconscious and arrested him and three others on charges of willful damage to property and another for allegedly stealing a cellular telephone. On December 15, the Kampot Provincial Court acquitted three of the arrested villagers and sentenced the fourth to time served.
On November 17, Kampot provincial government, forestry, environment, and police officials, together with military Brigade 31 soldiers, attempted to evict approximately 300 families from Anlong Khmeng Leng village, Taken Commune, Chhuk District, Kampot Province, under orders from the Kampot governor. Forestry officials claimed the villagers' occupation was illegal because the land was within the borders of Bokor National Park. During the eviction soldiers hit three villagers and caused them serious injuries. NGOs on the scene reportedly attempted to evacuate the injured but alleged that soldiers prevented them from leaving until later in the evening. Four additional villagers sustained minor injuries and remained on the site. Forestry officials burned the villagers' houses. Although they did not have a legal claim to the land under the land law, approximately 200 of the village families remained on the land after the attempted eviction. At year's end community representatives reported that although there were checkpoints at both ends of the through roads to the area, soldiers allowed villagers to come and go freely.
There were no developments in the April 2007 eviction of 117 families from the Mittapheap District in Sihanoukville. In the May 2007 Kampong Speu Province case of 40 soldiers from ACO Tank Command Headquarters who destroyed crops and fences on land for which there had been no clear classification as state or private land, throughout the year soldiers occupying the land divided it among themselves and built demarcation fences. The land was also occupied by 25 Phnom Srouch District families.
In April representatives of the Phnom Penh Tonle Bassac Group 78 (G78) met with Phnom Penh Governor Kep Chuktema regarding a 2006 eviction notice. While authorities claimed the land was state land, the government did not provide documents classifying it as state property, and the land did not meet the 2001 land law definition for state public land. According to the 2001 law, the land was eligible for transfer by the state into private land. Many of the families had lived on the land since the 1980s and claimed ownership under the 2001 law. G78 community members stated that the municipality offered compensation that was approximately equal to 2 percent of a November 2007 independent assessment of market value, plus one plot in a Phnom Penh eviction resettlement site per family. Municipal authorities reportedly told the G78 community members that no eviction of G78 would occur. At year's end the community remained under threat of eviction, and the municipality had not ensured a transparent process for determining the fair market value for compensation; dropping land prices made assessment difficult.
On February 15, the appeals court upheld the decision of the Siem Reap Provincial Court ordering SRP parliamentarian Son Chhay to sell 7.8 acres of land he purchased in 1995 to a government agency for an amount reportedly below the market price. The land was to be turned over to a private developer to build a hotel as part of a local development plan. Son Chhay took the case to the Supreme Court; at year's end the Supreme Court had not set a trial date.
The appeals court took no action in the 2006 case of 12 persons convicted of deforestation and staking claims to state-owned land in connection with a Kampot Province confrontation between 2,000 squatters and local police. In a 2006 eviction case in Peam Chor District, Prey Veng Province, that left one person dead and four others injured, police from the same unit as the police who were implicated in the killing arrested two of the villagers on robbery charges, in what NGOs said was an attempt to intimidate the villagers. In November Prey Veng Provincial Court acquitted one of the villagers and convicted the other, sentencing him to six years in prison.
On February 18, villagers from 265 families in Sre Ambel District, Koh Kong Province, held a peaceful demonstration along National Road 48 to protest two economic land concessions, shares of which in 2006 were granted to Senator Ly Yong Phat, the Khon Kaen Sugar Corporation of Thailand, and Ve Wong Corporation of Taiwan. The villagers were evicted in 2006. The MOI has acted intermittently as mediator in the dispute; however, as of year's end, the villagers had received no compensation for the land.
2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution provides for freedom of speech and of the press; however, these rights were not always respected in practice.
The constitution requires that free speech not adversely affect public security. The constitution also declares that the king is "inviolable." In December 2007 the Ministry of Information issued a directive in conformity with the defamation law that reiterates these limits and prohibits publishers and editors from disseminating stories that insult or defame government leaders and institutions.
The 1995 press law prohibits prepublication censorship or imprisonment for expressing opinions. However, the government continued to use the older UN Transitional Authority in Cambodia (UNTAC) law to prosecute journalists and others on defamation and disinformation charges. A 2006 amendment eliminates imprisonment for defamation but not for spreading disinformation, which carries prison sentences of up to three years. In both types of cases, judges can order fines, which may lead to jail time if not paid.
The government and influential individuals used the weak and often politically biased judiciary to file defamation and disinformation suits, both civil and criminal, in an effort to silence critics. In January a Phnom Penh Municipal Court investigating judge questioned pro-opposition newspaper Khmer Machas Srok (Khmer-Owned Land) publisher Hang Chaktra in connection with an article that reportedly was considered defamatory towards Commerce Minister Cham Prasidh and his wife. As of December no trial date had been set. Also in January the MOI questioned So Visal, a reporter for the radio station Voice of Democracy, regarding a story about the demolition of a large Buddha statue in Phnom Penh. Police briefly detained So Visal in December 2007 in connection with the same story.
On June 8, Dam Sith, editor in chief of the pro-opposition newspaper Moneaksekar Khmer (Khmer Conscience), was arrested and charged by the Phnom Penh Municipal Court after Foreign Minister Hor Namhong filed a defamation and disinformation suit because the newspaper printed opposition leader Sam Rainsy's allegations against Foreign Minister Hor Namhong. On June 15, at the prime minister's request, the court released Dam Sith from pretrial detention. It was reported that Dam Sith privately apologized to Hor Namhong regarding the story. Foreign Minister Hor Namhong later announced that he dropped the lawsuit to avoid problems in the July 27 national elections. On April 22, Hor Namhong filed a defamation lawsuit in the Cambodian courts against Sam Rainsy over the same comments; on July 27, he also filed a lawsuit with a French court, which was pending at year's end.
All major political parties had reasonable and regular access to the print media. All major Khmer language newspapers received financial support from political parties and were politically aligned. There were an estimated 20 Khmer language newspapers published regularly; the majority were considered pro CPP, and at least four newspapers were considered to support each of the other main political parties – the National United Front for a Neutral, Peaceful, Cooperative, and Independent Cambodia (FUNCINPEC), SRP, HRP, and NRP. Although the three largest circulation newspapers were considered pro CPP, most newspapers criticized the government, particularly on corruption and land grabbing. The prime minister, NRP President Prince Norodom Ranariddh, FUNCINPEC party leaders, and opposition party leaders frequently came under attack.
The government, military forces, and ruling political party continued to dominate the broadcast media and influence the content of broadcasts. There were eight domestic television stations and approximately 50 radio stations. All television stations and most radio stations were controlled or strongly influenced by the CPP, although a few were independent or aligned with other parties. In the months preceding the July 27 national election, major television stations were dominated by stories outlining the ruling party's accomplishments. Equal broadcast time was not given to opposition parties. In May the Ministry of Information closed indefinitely Angkor Ratha, a private radio station in Kratie Province, stating it did not respect the terms of its government-issued license. Station owner Keo Chanratha was quoted as saying that the government shut down Angkor Ratha on grounds that, by its own admission, it sold broadcast time to FUNCINPEC, HRP, the League for Democracy Party, NRP, and SRP without prior permission, as stipulated in the license contract. During the 30-day election campaign, state television and radio stations made time available to all 11 contesting parties based on an equity formula. State TVK television also broadcast 10 multiparty debates. On the night before the July 27 national election, approximately 20 police officials and soldiers shut down the opposition-aligned FM 93.5 radio station after it broadcast a reading of Sam Rainsy's book about his political life. The Information Ministry stated that it closed the station because the broadcast violated a 39-hour preelection day ban on political propaganda. The station resumed broadcasting 11 days later after issuing an apology letter.
Journalists, publishers, and distributors were also subject to other forms of harassment and intimidation, including two death threats, and most reporters and editors privately admitted to some self censorship due to fear of government reprisals.
In April six bullets were found outside the home of Battambang Province-based Radio Free Asia reporter Lem Pichpisey. This was the second time the reporter was threatened after reporting on drug trafficking involving a casino, a high-ranking police officer, and the killing of a drug suspect in Poipet. In June the reporter went into hiding after reportedly receiving a threatening telephone call about his investigation of illegal logging in Kampong Thom Province.
In April Koh Kong police beat unconscious and arrested Meas Asi, a reporter with the Koh Kong Province-based Khmer-language newspaper Panhavorn Khmer (Khmer Intellectual). The reporter was on his way to cover a land dispute protest in Chhouk Village. The reporter was released on bail 17 days later. In July Sihanoukville military police Captain Nget Chantha threatened and hit Koh Santepheap (Island of Peace) journalist Ros Panha after the journalist refused to retract his allegation that the officer was plotting to transport illegal timber into the port.
The government controlled national television and radio stations broadcast taped National Assembly sessions; however, in several instances these broadcasts were heavily edited. National radio and television stations broadcast some human rights, social action, public health, education, and civil society programming produced by domestic NGOs.
In 2005 the Phnom Penh Municipal Court chief ordered that reporters must have written permission to bring recording devices into the courtroom and to interview court officials. Such permission rarely was sought, and there were no reports of the court denying permission. A 2006 Council of Ministers directive prohibiting government officials and employees from speaking to the media or the public about government corruption remained in effect but did not appear to be enforced. After the July general election, the Council of Ministers appointed a secretary of state who acted as a spokesperson and discussed corruption and other issues.
Internet Freedom
There were no government restrictions on access to the Internet or reports that the government monitored e mail or Internet chat rooms. However, in late December the minister of information confirmed that his office was drafting a law that would extend libel, defamation, and ethics rules governing print media to other media platforms such as radio and television. Individuals and groups could engage in the peaceful expression of views via the Internet, including by e mail. According to an industry survey, less than one-thousandth of the total population had Internet subscriptions, most of them in Phnom Penh and Siem Reap. In urban areas Internet access was widely available through Internet cafes.
Academic Freedom and Cultural Events
In general there were no legal impediments to academic freedom. However, scholars tended to be careful when teaching politically related subjects for fear of offending politicians. There were no developments in the February 2007 conviction of Tieng Narith, a former professor at the Buddhist University of the Royal Academy of Preah Sihanouk Reach, who was sentenced to two years and six months in prison for teaching from a self-published text containing antigovernment material. Tieng Narith's lawyer appealed the decision in 2007, but at year's end Narith remained in prison, and the Appeals Court had not taken any action in the case.
There were no government restrictions on cultural events.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The constitution provides for freedom of peaceful assembly, but at times the government did not respect this right in practice. The government required that a permit be obtained in advance of a march or demonstration. The government routinely did not issue permits to groups critical of the ruling party or of nations with which the government had friendly relations. Authorities cited the need for stability and public security as reasons for denying permits. Police forcibly dispersed groups that assembled without a permit, in some instances causing minor injuries to some demonstrators. At times rallies organized by groups critical of the ruling party received government permission, but the government intermittently blocked access to demonstration sites and thus participation by some persons.
ADHOC reported that out of 122 protests – 58 of which were related to land, 30 to labor disputes – police and military police dispersed 21 protests, four of which were by labor protesters, 12 by land dispute protesters, four by Khmer Kampuchea Krom monks, and one by persons protesting a power-line tower to be constructed near their homes.
On April 6, the SRP organized a Phnom Penh rally to express concerns over negative economic developments such as high inflation. While the government granted permission for the rally, police set up intermittent roadblocks, stopping trucks and forcing persons on board to disembark. Those who disembarked were not allowed to reboard but could hire motorcycles or cars to complete the journey to the rally.
On May 23, the Ratanakiri provincial government denied permission for an NGO to organize a march in Bunlong on grounds that the march would threaten public order. However, in cooperation with provincial government officials, the NGO held a gathering with approximately 270 community members at its office. The provincial governor later held a joint workshop between community members, human rights organizations, and law enforcement officials to discuss illegal logging.
There were cases of local government officials attempting to disrupt opposition party meetings, sometimes with warnings that participants would be prevented from accessing local administrative services. On May 1, a village chief in Sieng Kvang Commune, Kamchaymea District, Prey Veng Province, reportedly told NRP supporters going to an NRP meeting that he would not help them access local administrative services such as obtaining birth certificates and marriage and funeral permits.
Local government officials attempted to disrupt or prevent some public information and public forum gatherings. On February 24, Chhnuk Tru Commune council members, police officials, and a village chief in Boribo District, Kampong Chhnang Province, threatened organizers from Cambodian Center for Human Rights (CCHR) and a local home owner with arrest if they held a community dialogue with 30 participants, stating the meeting would incite the community, but the organizers held the event as scheduled. Several days later, police again threatened the owner of the house with arrest if he organized this type of gathering again.
On July 17, Tek Phus district officials denied permission for a CCHR forum about human rights and community development in Preah Mlu Village, Krang Thka Commune, Kampong Chhnang Province, stating that they did not want to allow the forum so close to the July 27 national election because it would be a public order concern.
Freedom of Association
The constitution provides for freedom of association, and the government generally respected this right in practice; however, the government did not effectively enforce the freedom of association provisions of the labor law.
Membership in the Khmer Rouge, which ruled the country from 1975 to 1979 and after its overthrow conducted an armed insurgency against the government, is illegal, as is membership in an armed group.
c. Freedom of Religion
The constitution provides for freedom of religion, and the government generally respected this right in practice. The constitution also prohibits discrimination based on religion, and minority religions experienced little or no official discrimination. Buddhism is the state religion, and more than 93 percent of the population is Buddhist. Ethnic Cham Muslims constitute most of the remaining population.
The law requires all religious groups, including Buddhists, to submit applications to the Ministry of Cults and Religious Affairs to construct places of worship and conduct religious activities. However, there is no penalty for failing to register. In July 2007 the Ministry of Cults and Religious Affairs issued a directive restating a 2003 order prohibiting public proselytizing, which continued to be loosely enforced.
Societal Abuses and Discrimination
Minority religions experienced little or no societal discrimination. There was no known Jewish community in the country, and there were no reports of anti Semitic acts.
For a more detailed discussion, see the 2008 International Religious Freedom Report.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of movement within the country, foreign travel, emigration, and repatriation, and the government generally respected these rights in practice.
The constitution prohibits forced exile, and the government did not employ it.
Protection of Refugees
The laws provide for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, and the government has established a system for providing protection to refugees. The government allows the Office of the UN High Commissioner for Refugees (UNHCR) to process asylum seekers and assist refugees while they are in the country.
A 2005 memorandum of understanding with the UNHCR and the government of Vietnam to resolve the situation of Montagnards under UNHCR protection remained in effect. Asylum seekers who reached the UNHCR Phnom Penh office were processed with government cooperation. During the year 200 Montagnard and 39 non-Montagnard new arrivals sought asylum with the UNHCR. According to the UNHCR, 82 Montagnard and 24 non Montagnard refugees departed for a third country, while authorities deported 224 rejected Montagnard asylum seekers to Vietnam, and 91 Montagnards voluntarily returned to their country of origin. At year's end there were 226 Montagnards in UNHCR protection sites in Phnom Penh. According to the UNHCR, during the year no refugees requested local integration.
In practice the government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened. Through the assistance of the UNHCR, the government provided temporary protection to individuals who may not qualify as refugees under the 1951 convention and the 1967 protocol.
An NGO claimed that local authorities at the border with Vietnam continued searches for Montagnards when they received information about new arrivals of Montagnards. There were unconfirmed reports that Vietnamese authorities offered incentive awards to Cambodian border police who returned Vietnamese refugees to Vietnam and that Vietnamese secret police covertly conducted searches for Vietnamese refugees on the Cambodian side of the border.
Stateless Persons
The country had habitual residents who were de facto stateless, and the government did not effectively implement laws or policies to provide such persons the opportunity to gain nationality. Under the nationality law, citizenship is derived by birth from a foreign mother and father if both were born and living legally in Cambodia, or if either parent has Cambodian citizenship. A study commissioned by the UNHCR estimated that several thousand potentially stateless persons lived in the country. However, the study's estimated number of such persons came from anecdotal evidence from NGOs that provided services to disenfranchised communities, including persons with no proof of nationality, and not from a survey of stateless persons; therefore, local UNHCR representatives did not consider the figure conclusive.
The UNHCR stated that the country's potentially stateless population included mostly ethnic Vietnamese. According to an NGO that worked with ethnic Vietnamese, individuals without proof of nationality often did not have access to formal employment, education, marriage registration, the courts, and land ownership. The most common reason for statelessness was lack of proper documents from the country of origin
Conclusion by your Webmaster:
If you are not rich and well connected it will be difficult to survive a lengthly jail term here. Money may give you access to an early release from jail.
If you are suffering of a medical condition and have no access to help from outside you are pretty much doomed.
On top of all this comes the extreme climate conditions to which most westerners are not used to. With no real access to sanitation and conditioned air you have to be strong in order to survive.
APLE is fully aware of this situation !