Hun Xen's cousin is GUILTY ... but she is still FREE

PM’s cousin guilty, free

Tuesday, 29 November 2011
Buth Reaksmey Kongkea and David Boyle
The Phnom Penh Post

A cousin of Prime Minister Hun Sen was found guilty in absentia of corruption and sentenced to two years in prison yesterday, but remains free in Phnom Penh as a warrant for her arrest has still not been issued.

Dy Proem, 49, was found guilty of paying a US$200,000 bribe to the former deputy general director of the inspection department at the Ministry of National Assembly-Senate Relations and Inspection, Seng Yean, in connection with a Phnom Penh land dispute in 2008.

Judge Duch Kimsorn told the court that Dy Proem bribed Seng Yean to issue a fake Council of Ministers statement on March 18, 2008, falsely claiming she was the rightful owner of more than 5 hectares of disputed land in Dangkor District’s Kakab Commune.

“Based on proof and witnesses, the court has found that Seng Yean and Dy Proem are guilty,” he said. Duch Kimsorn could not be reached later to explain why no arrest warrants had been issued.

Om Yen Tieng's involvement in the "Float Asia Friendly Mation" marble quarry located in the protected areas of Phnom Aural Wildlife Sanctuary

The chair of the government’s Human Rights Committee, Om Yen Tieng (pictured), and the prime minister’s first cousin, Dy Chouch, are both named as backers of the Float Asia Friendly Mation mine by sources close to the company’s operations

Excerpt from "Country for Sale"
Global Witness

Float Asia Friendly Mation

The Float Asia Friendly Mation Company is extracting marble from the protected areas of Phnom Aural Wildlife Sanctuary and the Central Cardamoms Protected Forest (CCPF).

Company registration documents show the mine to be owned by a man named Ching Kimnguon. Those interviewed by Global Witness however have a different account. They identified two of Cambodia’s elite – Om Yen Tieng and Dy Chouch – as the mine’s backers. Om Yen Tieng is an advisor to Prime Minister Hun Sen and chairman of the government’s Human Rights Committee. Dy Chouch is the prime minister’s first cousin.

Guards drawn from the RCAF ranks are using the threat of armed violence to maintain the company’s position in Phnom Aural and have, so far, fended off attempts by Ministry of Environment rangers to remove them.

“The uplands of Mount Aural sequester one of the most expansive and pristine forests of Indochina. They also sequester a natural ecosystem and ‘biodiversity hotspot’ that is still virtually unknown to science.” - Dr J. Andrew McDonald, Plant Resources Center, University of
Texas at Austin, 2004

“Cambodian sculptures draw the attention of tourists. Finely carved sculptures represent the artistic, cultures and spiritual artefacts of Cambodia.” - Quote taken from the Float Asia Friendly Mation Company Brochure.

The Float Asia Friendly Mation marble mining activities are located in Rokat and Santre Communes, Phnom Kravanh District, Pursat Province. According to documents obtained by Global Witness the company has three sites for marble extraction. Two are situated within Phnom Aural Wildlife Sanctuary. The third is within the Central Cardamom Protected Forest. The company also has a marble processing business depot in Tasai village, Rokat Commune, Pursat Province and a marble depot in Phnom Kravanh town.

When Global Witness investigators visited the area in 2008, it was too dangerous to go to the quarry mining sites due to the poor quality of the road to the site and the risk of flash flooding during the rainy season. A company representative claimed Float Asia had brought in Chinese workers to construct a road to the mine site in 2006. The operation was run by an individual named Mr. Ta Tri, who held the nickname of Ta Venta – or ‘grandpa specs’. These workers had cleared the forest but failed to construct a decent road and it had quickly deteriorated. As a consequence of the lack of road infrastructure, even in the dry season, Float Asia is forced to use local labour and oxcarts rather than trucks. Investigators noted that the depot itself still had considerable stock, mining equipment and a sales staff. Customers were observed buying rock and loading it onto trucks.

Float Asia’s own brochure is very precise about the legal basis of its operations, stating that it was granted a licence by The MIME for an ‘open-pit mining and stone quarry No. 597’ in June 2006.

However, the MoE staff operating in the area disagreed with the legal basis of the company’s operations, claiming it was operating illegally under the 1996 law on Environmental Protection and Natural Resource Management.

Global Witness has obtained a copy of an MoE submission to the prosecutor of the court of Pursat Province concerning Float Asia’s activities which vividly outlines the tensions between these two arms of state. According to the court submission, on 2 March 2008 an MoE ranger mission confiscated one big truck, one tractor and two air compressors from the Float Asia operations. As the team was heading back from the site, the Float Asia company representative Mr. Eang Soknai instructed a group of military personnel to stop the ranger team and threatened to open fire on them. Despite the threats of violence against the MoE staff, sources claim that the Pursat Court did not bring a legal case against Float Asia or pursue the allegations outlined in the MoE submission.

From interviews with company employees, the MoE staff and local residents, it appears that the Float Asia company is controlled and backed by some powerful individuals.

When Global Witness investigators visited the company’s office in Phnom Penh in mid-2008, registration certificates on the wall identified an individual named Ching Kimnguon as the company’s owner. However, when asked, a staff member and another official familiar with the company’s operations, identified one of Hun Sen’s advisors and chairman of the government’s Human Rights Committee, Om Yen Tieng, as the mine’s major backer. Global Witness wrote to Om Yen Tieng in October 2008 to ask what the nature of his relationship was with the company. At the time of publishing he had not responded. Another source close to the company also claimed an individual named Dy Chouch is a controlling force behind the Float Asia mine.

Oknha Dy Chouch says that he is not involved in illegal logging in Kampong Thom

06 October 2007
By Mayarith
Radio Free Asia
Translated from Khmer by Socheata

The defense lawyer of Hun Sen’s younger cousin declared for the first time, following the accusation of his involvement in an (illegal logging) scandal about 4 months ago, that he is not involved that the illegal logging in Kampong Thom province.

Oknha Dy Chouch issued a clarification letter yesterday, saying that there is a number of people who used his name to conduct their private business.

Dy Chouch’s name was included in Global Witness’ list of Cambodian officials reported in Global Witness’ Cambodia’s Family Trees (Relatives of the thieves of the Nation in Khmer) which was distributed at the beginning of June, stemming from his involvement in the destruction of natural resources, and pocketing the revenue for himself. Dy Chouch’s former wife is Seng Keang whose name also features in the Global Witness report.

Okhna Dy Chouch declared in the clarification letter that he is divorced from Lok Chumteav Seang Keang for several years already and he said that before the divorce, the activities of Seng Keang did not involve him.

Oknha Dy Chouch asked the authority to take legal action against anyone who uses his name to do business.