In Loving Memory of Ron Abney

Ron Abney

A group of SRP representatives attended the funeral for Ron Abney. The following are photos taken at Ron Abney's house following his funeral.

At Ron Abney's house following the funeral

Bountourk, Sokhom, Ron's daughter, Chesda and Keit's family

From Left to Right: Ron Abney's daughter (Lee), By Bountourk (SRP in GA) and Kong Keit

Ron Abney, American Pro-Democracy Advocate, Dies at 70

Ron Abney, an American, was working to promote democracy in Cambodia when he was wounded in a March 30, 1997 grenade attack against a peaceful demonstration. (Photo: Courtesy of "A Tragedy of No Importance")

Tuesday, 03 January 2012
Ron Abney, American Pro-Democracy Advocate, Dies at 70
Sok Khemara, VOA Khmer | Washington, DC

“For me, Sam Rainsy, for other Cambodian democrats, this is painful.”

Ron Abney, an American pro-democracy activist injured in a Phnom Penh grenade attack in 1997, died Saturday at the age of 70.

Abney had been an ardent supporter of pro-democracy activists in Cambodia, and he had pushed hard for the arrest of those who committed the March 1997 attack.

The attack on an opposition rally led by Sam Rainsy left 16 people dead and hundreds wounded.

Abney’s injury in the attack prompted an FBI investigation that was ultimately abandoned, but opposition officials say security forces of Prime Minister Hun Sen abetted the attack, a claim the prime minister has denied.

Ron Abney Condolences by SRP-Rhode Island

លោក Ron Abney អ្នក​គាំទ្រ​លទ្ធិប្រជាធិបតេយ្យ​នៅ​កម្ពុជា ទទួល​មរណភាព - Ron Abney, a supporter of democracy in Cambodia, passes away

2012-01-03ដោយ យន់ សាមៀន
Radio Free Asia

អតីត​នាយក​ប្រចាំ​ប្រទេស​កម្ពុជា នៃ​វិទ្យាស្ថាន​សាធារណរដ្ឋ​អន្តរ​ជាតិ (International Republican Institute) និង​ជា​អ្នក​អង្គាស​ថវិកា​ជួយ​ដល់​មណ្ឌល​កុមារ​កំព្រា​នៅ​ខេត្ត​តាកែវ លោក Ron Abney បាន​ទទួល​មរណភាព កាល​ពី​ថ្ងៃ​សៅរ៍ ទី​៣១ ធ្នូ ឆ្នាំ​២០១១។

លោក​មាន​វ័យ ៧០​ឆ្នាំ។ លោក​ធ្លាប់​បាន​រង​របួស​ជា​ទម្ងន់ ក្នុង​ការ​វាយ​ប្រហារ​គ្រាប់​បែក កាល​ពី​ថ្ងៃ​ទី​៣០ ខែ​មីនា ឆ្នាំ​១៩៩៧ ទៅ​លើ​ហ្វូង​បាតុករ​ដែល​បាន​ដឹក​នាំ​ដោយ​ប្រធាន​គណ​បក្ស​សម​រង្ស៊ី លោក សម រង្ស៊ី។

ព្រឹត្តិការណ៍​វាយ​ប្រហារ​គ្រាប់​បែក​បាន​បណ្ដាល​ឲ្យ​ក្រុម​បាតុករ​ប្រមាណ ១៦​នាក់​ស្លាប់ និង​មនុស្ស​ប្រមាណ ១០០​នាក់​ផ្សេង​ទៀត​រង​របួស។ លោក​បាន​ទទួល​មរណភាព​នៅ​មន្ទីរ​ពេទ្យ Houston Medical Center នៅ​ទីក្រុង Cochran រដ្ឋ Georgia។ បុណ្យ​សព​លោក​នឹង​ប្រារព្ធ​នៅ​ព្រះវិហារ Cochran First Baptist វេលា​ម៉ោង ២​រសៀល ថ្ងៃ​ព្រហស្បតិ៍ ទី​៥ មករា។

In memory of Ron Abney

January 3, 2012

IN MEMORY OF RON ABNEY

On December 31, 2011 I lost a dear friend, a comrade who was like a brother to me. Yes, we used to call each other “Brother”. I last met my American brother in May 2011 in Valdosta, Georgia, his home state. We only talked about Cambodia.

Ron Abney was loved and respected by countless Cambodians. He helped train scores of freedom fighters and justice lovers in this country and many other parts of the world. He was highly dedicated, generous and brave. He nearly died with me in a deadly grenade attack in Phnom Penh on March 30, 1997. He was seriously wounded in the attack. The criminal lawsuit we have filed against Prime Minister Hun Sen and his bodyguards is still pending at a court of justice in New York. His passing only increases my determination to find justice for all victims of political violence in Cambodia and to put an end to impunity in this country.

Ron’s spirit and principles will continue to guide me.

Sam Rainsy

Ron Abney passed away today 01/02/2012

Ron Abney

Ron Abney (Photo: Rich Garella)

Ron is considered by most international democracy institutions to be one of the leading experts in civil society and political party development. His work has been praised by the United Nations, especially during the 1993 elections in Cambodia,where he developed and implemented programs to assist community groups and political parties in that war torn country as it prepared for its first democratically organized elections. Ron has spent much of the past eleven years in Southeast Asia, Africa and the Middle East, in an effort to bring democracy to some of the most historically troubled areas in the world.

Funeral for Ron Abney

Ron Abney (R) with a Cambodian orphan

The following funeral announcement for Ron Abney was posted on Facebook:

The visitation for dad is at Fisher Funeral Home, 122 W. Dykes St Cochran, Ga 31014 on Wed. 1/4/12 night from 6-8 and the service will be at Cochran First Baptist Church in Cochran Thursday 1/5/12 at 2 pm. In lieu of flowers, dad requested that donations be made in support of the Takeo Orphanage in Cambodia. Donations are tax deductible and should be sent to Voices for Global Change, 1440 St. Mary St. New Orleans, LA 70130 Include Takeo in the subject line.

We will have another momorial service on his beloved island of Anna Maria in Florida in July of 2012. day to be announced.

thank you for all your prayers,

Lee Darter

Who is Ron Abney?

Ron Abney (R)

Victims of Hun Sen

Source: World Organization for Human Rights USA

March 30, 1997, Ron Abney, Sam Rainsy, Chan Thou Lay and other peaceful Cambodian protesters were bombed with grenades at a rally against Prime Minister of Cambodia’s Hun Sen’s repressive policies. 150 people were injured and 16-20 were killed.

During the protest, Ron Abney, an American working to further democracy in Cambodia from the International Republican Institute, was wounded by flying shrapnel and hospitalized.

Chan Thou Lay, a citizen of Cambodia, was wounded in her chest in two places. Before the protest, she was warned by Hun Sen’s Bodyguard Unit that a grenade attack would take place if she and her union participated.

Sam Rainsy, a political leader in the Cambodian opposition movement, was saved from death when his bodyguard threw him to the ground and took the fatal grenade blast himself.

An investigation by the FBI, with which Cambodian authorities did not meaningfully cooperate, determined that members of Prime Minister Hun Sen’s Bodyguard Unit were responsible for the attack.

American Laments Injustice for 1997 Grenade Attack

Men Kimseng, VOA Khmer
Washington, DC Tuesday, 05 April 2011

While the US FBI has closed its investigation into a deadly grenade attack on an opposition rally 14 years ago, an American injured in the attack says he has not given up.

Ron Abney, the former head of the International Republican Institute in Cambodia, was the sole American injured among at least 150 others when unknown assailants threw a series of grenades into an opposition rally in Phnom Penh.

Sixteen people died in the attack, which took place on March 30, 1997.

In September 2010, Abney filed a complaint with the New York Attorney General’s office, claiming Prime Minister Hun Sen, who was visiting the state at the time, and his subordinates had obstructed justice during an ensuing FBI investigation of the attack. Hun Sen and his representatives have repeatedly declined to comment on the case.

Complaint and Petition Requesting Criminal Investigation and Prosecution of Hun Sen, Prime Minister of Cambodia

SEPTEMBER 23, 2010

COMPLAINT AND PETITION REQUESTING
CRIMINAL INVESTIGATION AND PROSECUTION
OF HUN SEN, PRIME MINISTER OF CAMBODIA
SUBMITTED TO THE ATTORNEY GENERAL OF THE U.S.,
THE CRIMINAL DIVISION OF THE U.S DEPARTMENT OF JUSTICE, THE U.S. ATTORNEY FOR THE SOUTHERN DISTRICT
OF NEW YORK, AND FEDERAL BUREAU OF INVESTIGATION

CONCERNING FALSE AND FRAUDULENT STATEMENTS, AND MISREPRESENTATIONS AND THREATS MADE TO OFFICERS OF THE FEDERAL BUREAU OF INVESTIGATION DURING THE COURSE OF AN OFFICIAL CRIMINAL INVESTIGATION, IN VIOLATION OF 18 U.S.C. SECTION 1001 and SECTION 115(a)(1) (B) and (b)(4), AND CONSTITUTING OBSTRUCTION OF JUSTICE IN VIOLATION OF 18 U.S.C. SECTION 1501, et seq.

Submitted by Morton Sklar
Founding Executive Director Emeritus (retired)
World Organization for Human Rights USA
with, and on behalf of,
the Sam Rainsy Party of Cambodia
(the largest political opposition group)
and the following named Complainants:
Sam Rainsy, Ly Neary,
Lay Chan Thou, and Nguon Huon Heun
and U.S. citizen Ron Abney

Contact Information: Email: mshumanrights@verizon.net
Telephone: (1) (301) 946-4649

COMPLAINT AND REQUEST FOR CRIMINAL
INVESTIGATION AND PROSECUTION
OF HUN SEN, PRIME MINISTER OF CAMBODIA
AND NAMED SUBORDINATE OFFICIALS

I. Overview: On March 30, 1997, a vicious grenade attack was carried out against a peaceful political rally taking place across from the Parliament building in Phnom Penh, Cambodia. According to a U.S. Federal Bureau of Investigation inquiry on the attack, Prime Minister Hun Sen's Personal Bodyguard military unit may well have been responsible for planning and organizing the attack, and for obstructing the capture of the grenade throwers. A team of FBI investigators was sent by the U.S. Government to compile information and evidence concerning the attack because at least one U.S. citizen was injured by the explosion of the grenades, meaning that U.S. criminal law had been violated. The FBI investigations produced a great deal of information and evidence implicating Hun Sen and his personal military unit as likely perpetrators of these violations of U.S. criminal laws, much of which was presented in testimony and submissions made to the U.S. Congress. But a full FBI investigation was not allowed to be completed because threats were made against the FBI investigators, and false and misleading statements and misrepresentations were made. These actions by Hun Sen and his subordinate officials constituted an attempt to cover-up and prevent prosecution of federal crimes, in violation of provisions of U.S. law that prohibit lying to federal officials engaged during the course of an official investigation (18 U.S.C. Section 1001), obstruction of justice (18 U.S.C. Chapter 73, including Sections 1505 and 1510), and the making of threats against federal officials (18 U.S.C. Sections 115(a)(1) B and (b)(4). This Petition and Complaint seeks a full criminal investigation and prosecution of these attempts to improperly and unlawfully cover-up and prevent the FBI's investigation of the crimes associated with the grenade attack in 1997. It is submitted in conjunction with the visit to the United Nations General Assembly by Prime Minister Hun Sen, in order to make clear his direct involvement in both the original grenade attack itself, and in the efforts by his subordinates to cover up the crimes.

The United States has jurisdiction to investigate and prosecute these cover-up efforts despite the fact that the original assaults took place in Cambodia, because they constitute direct violations of U.S. laws involving the investigative work of the team of FBI agents sent to examine U.S. crimes that were perpetrated against at least one U.S. citizen, Ron Abney of the International Republican Institute, who was injured in the grenade attack. Prime Minister Hun Sen may seek to claim "head of state immunity" for his alleged involvement in the grenade attacks and the cover-up efforts. But his subordinates who were and are subject to his control and supervision, and who are heavily implicated in the grenade attack and the resulting cover-up, should be prosecuted to the full extent of U.S. law. Though we recognize that Hun Sen himself may be immune from criminal process and prosecution during the course of his visit to the United Nations General Assembly Session starting on September 23, 2010, it is important that his involvement in the U.S. crimes that have been described is recognized, and that his subordinates who participated in these crimes are held fully accountable.

Each of the Complainants filing this Petition and named on the Cover Page were adversely affected by the federal crimes described herein. The Sam Rainsy Party, then known by a different name, was the organizer of the political rally that was subjected to grenade attack on March 30, 1997. Sam Rainsy, the leader of that party was the main target of the grenade attack. Each of the other named Complainants are individuals who themselves, or through close family members, were directly affected by the grenade attacks, and by the cover-up effort that prevented the perpetrators of the attacks from being identified, prosecuted and brought to justice. This includes U.S. citizen Ron Abney, who was present in Cambodia at the time of the grenade attack as a representative of the International Republican Institute, and whose injuries during the attack served as the jurisdictional basis for the FBI investigation.

Among the individuals named in this Complaint has having directly participated in the criminal activities as described and explained herein are Hun Sen, present Prime Minister of Cambodia, General Huy Pised, General Hing Bun Heang, Chinn Savon, and Mok Chito. Others may be identified as being involved in the described obstruction of justice as a result of the investigation that we are requesting take place.

II. The FBI Investigation and Findings Regarding the Grenade Attack. Although the FBI investigation of the grenade attack at the 1997 political rally was never completed, in part because of the obstruction and threats imposed by Cambodian Government officials, the official reports issued by the FBI team, many of which were submitted to the U.S. Congress, suggest heavy involvement in the attacks and in resulting U.S. crimes related to the cover-up efforts by Hun Sen and his direct subordinates. For example, it was widely reported in the local media, and corroborated in the FBI report, that members of Hun Sen's personal bodyguard unit, subject to his direct control and supervision, played a major role in the grenade attack, and may well have planned and organized them. Several witnesses confirmed that a large number of the members of Hun Sen's Bodyguard Unit (2nd Battalion, 17th Regiment) were stationed at the rally, which was a highly unusual practice for political demonstrations of this type since Hun Sen himself was not present, and that members of this military unit protected the perpetrators and facilitated their escape by preventing participants at the rally, and those responsible for protecting the speakers from chasing and capturing the grenade throwers as they fled the scene. The Phnom Penh Post, for example, in a front page story headlined "Grenade Suspects Unmasked" published in their May 30-June 12 edition reported that "Witnesses have said that at least two of the grenade throwers fled past ... part of the bodyguard detail of [then] Second Prime Minister Hun Sen in the park at the time of the attack ... who prevented other people from chasing them." The same article indicates that one of Sam Rainsy's personal bodyguards was reported to have told journalists that Hun Sen's bodyguard detail "prevented him from chasing the grenade throwers." A similar report appeared in the Cambodia Daily of April 2, 1997 in an article headlined "Witness Accuses Troops of Assisting Attackers." It quotes a motorbike driver who witnessed the attacks as saying that he "saw soldiers preventing protesters from pursuing the attackers."

The official FBI report of the grenade incident makes similar allegations, confirming the likely involvement in the attacks by Hun Sen's bodyguard unit. The FBI report of November 24, 1998, issued to the public by a Staff Report of the U.S. Senate Committee on Foreign Relations dated October, 1999 (Senate Report 106-32, 106th Congress, 1st Session) was cited as the basis for conclusions by the Senate Foreign Relations Committee staff in submitting the FBI report to the Chair and Ranking Minority Member of the Senate Foreign Relations Committee that:

• Members of Hun Sen's Bodyguard Force participated in the planning and execution of the March 30, 1997 attack;
• Hun Sen, being only one of two people with authority over the Bodyguard Force [the other being General Huy Pised, Commander of the Unit] must have known and approved of the attack; and,
• By June, 1997, the U.S. Government was in possession of overwhelming evidence of conclusions number 1 and number 2 ....

Similar conclusions are outlined in a letter from the FBI to Senator Jesse Helms, then Chair of the Senate Foreign Relations Committee, dated February 19, 1999 (page 21, et seq in the Appendix attached to the Committee's Report).

These findings relating to the involvement of Hun Sen and his subordinates in the grenade attacks are significant and are highly relevant to the subsequent cover-up efforts, because they indicate that Cambodian government officials at the highest level under Hun Sen's supervision had a strong motivation for preventing the true facts concerning the attacks from coming out, for covering up the crimes, and for preventing the FBI from doing its investigative work on an effective and thorough basis, in violation of U.S. criminal laws as detailed in this Complaint.

III. The Misrepresentations and Threats Made to the FBI Investigative Team, and the Obstruction of Their Investigative Efforts, Violate U.S. Criminal Laws. As the recent prosecution and trial of Former Governor of Illinois Rod Blagojavich recently demonstrated, lies and misrepresentations made to federal investigators during the course of their official investigations, and efforts to obstruct their investigative efforts, may in and of themselves constitute separate and additional violations of federal criminal law, apart from the original crimes that may have been committed that were being investigated by federal authorities, and that were unlawfully made subject to cover-up efforts. Section 1001 of Title 18 of the United States Code makes it a separate and additional crime to make any "false, fictitious, or fraudulent statement" to a federal investigator, such as an FBI agent. Chapter 73 of Title 18 of the United States Code makes it a federal crime to attempt to obstruct proceedings or investigations of U.S. agencies (Section 1505), and specifically to obstruct criminal investigations of the type being carried out by the FBI in Cambodia (Section 1510). In addition, there is evidence that threats were made to the personal security and safety of at least one of the FBI agents participating in the investigation, constituting a violation of 18 U.S.C. Sections 115(a)(1)(B) and (b)(4), making it a federal crime subject to ten years imprisonment to threaten a Federal law enforcement officer "with intent to impede, intimidate or interfere with such official" in connection with the performance of their duties.

In addition to the provisions of federal criminal law that we have cited dealing with: 1. false statements and misrepresentations made to the FBI investigation team; 2. obstruction of the federal investigation; and, 3. threats made to federal officials, there may well be other violations of U.S. criminal laws implicated by efforts of Cambodian authorities under the control of Hun Sen to undermine and interfere with the FBI investigation of the 1997 grenade attacks. We encourage the U.S. law enforcement agencies where this Complaint/Petition is being submitted to carefully consider the applicability of all relevant federal criminal laws, including those that we have specifically noted.

There is ample evidence, including information provided in the FBI's own report of their investigation, that officials of the Cambodian Government under the direct supervision and control of Hun Sen participated in these violations of federal criminal laws, or, as in the case of Hun Sen, caused or aided and abetted in these violations. Set out below are examples of some of the findings that have been made that support the points made in this Petition/Complaint that violations of federal criminal laws occurred in the course of the obstruction of the FBI investigation.

1. Chhin Savon, the on-the-scene Police Commander who was responsible for the safety of the demonstrators at the March 30, 1997 political rally, is cited as not being cooperative with the FBI investigation, and deliberately withholding key witnesses from FBI investigators.

2. Colonel Mok Chito, Commander of the Phnom Penh Municipal Police force, and reportedly a relative of Hun Sen, is shown in videos made available by Reuters and other news media as being at the scene of the attacks almost immediately after the explosions. He was not made available for interviews by the FBI, on the orders of Chhin Savon, who claimed he was "not available."

3. Huy Pised, the Commanding General of the Hun Sen Bodyguard unit is cited along with Chhin Savon as being "uncooperative" with the FBI investigation.

4. One of the alleged perpetrators of the attack, named "Brazil," who was identified from FBI sketch artist drawings, was in the custody of General Nhiek Bun Chhay, a Cambodian government official, but somehow "escaped" when the FBI asked that he be made available for an interview, and no information was made available to the FBI concerning the circumstances of his escape. He may have ended up in the hands of the Hun Sen forces who took control of the military headquarters where Brazil was being held during the coup d'etat in July, 1997. As a result, Brazil was never made available for interview by the FBI despite numerous requests.

5. According to a May, 1997 report by a Cambodian police official providing information to the FBI, several eyewitnesses claimed that only hours after the attack "two men who looked like suspects" identified in the FBI sketch artists report "were seen boarding a helicopter in the company of Him Bun Heang, the Deputy of General Huy Pised, Commanding General of the Hun Sen Bodyguard unit, and another Cambodian official. Commander Teng Savong denied this allegation.

6. One of the FBI investigators is reported to have said that "Those men who threw the grenades are not ordinary people, they are Hun Sen's soldiers," and to have substantiated this statement by pointing out that the grenade throwers "escaped into the nearby [Hun Sen military] compound, abetted by guards who opened the gates for them and who then denied seeing anything."

7. FBI investigators confirmed that General Pised and his subordinates "lied to us" when they reported that there were only 15 members of the Hun Sen bodyguard unit on duty at the scene of the political demonstration and grenade attacks, when in fact there were "up to 40" members of the unit on site. These bodyguard unit members also lied to FBI investigators when they claimed "that they did not see any perpetrator of the grenade attack cross their line," and that they saw nothing.

8. Personal threats are reported to have been made to U.S. Embassy officials against FBI investigator Thomas Nicoletti with the intention of intimidating and influencing his and the FBI's investigative efforts.

It is our understanding that no statute of limitations period applies to Title 18 Section 1001, Title 18 Chapter 75, and Title 18 Section 115 violations, as no time limit is mentioned in any of these provisions, despite the fact that the violations occurred in connection with federal investigations that took place in 1997. Moreover, even if a time limitation applied, there is evidence that the cover-up efforts kept information about these crimes from being made public until recently, thereby tolling any time limits that may be applicable.

IV. Why These Violations of Federal Law Require Attention Despite the Passage of Time Since the Crimes Were Committed. The Petitioner/Complainants are very well aware that the criminal acts that serve as the basis for this Complaint were committed some time ago. They also are aware that since the actions of officials of a foreign government are involved, sensitive political and foreign policy issues are raised by this Complaint that might counsel for caution or inaction on the part of the U.S. government in deciding whether investigation and prosecution of the federal crimes is justified. Nevertheless, there are important reasons, despite the passage of time and potential foreign policy impacts, why Hun Sen and his subordinates should be held accountable under U.S. law for their actions in interfering with the FBI investigation of the attack on a political rally in Cambodia in 1997 that resulted in injuries to a U.S. citizen, and death and injuries to so many Cambodians.

No one that directly interferes with a U.S. criminal investigation should be treated with impunity because they are foreign citizens, or committed their violations of U.S. law in foreign nations. The integrity of our criminal justice system and the rule of law demands that justice be done, even if the criminal violations took place some time ago. As important, recent developments in Cambodia suggest that Hun Sen and his subordinates are continuing their efforts to escape justice and avoid the reach of the law in many new ways that demand attention. If they can avoid responsibility for past acts, they are emboldened to commit further abuses, and that seems to be the pattern that is developing.

Recent reports indicate that Hun Sen's government is seeking to interfere with and undermine the investigations and prosecutions that are being undertaken by the Special International Criminal Tribunal (officially referred to as the Extraordinary Chambers) for Cambodia that was established under joint United Nations and Cambodian auspices to deal with war crimes and crimes against humanity that took place during the Khmer Rouge regime from 1975 to 1979, when more than 1.7 million Cambodians were subjected to genocide for political reasons. Notably, Hun Sen was a member of the Khmer Rouge military during that period. Though the International Tribunal was established in 2003, there have been few prosecutions and convictions, largely attributed to "interference by the Cambodian government." The Phnom Penh Post reported on September 13, 2010 that the Cambodian judges on the Tribunal, who are appointed and controlled by the Hun Sen regime, have refused to allow fair investigations to take place, and a number of high level government officials have refused to honor subpoenas to testify, "reinforcing serious concerns about interference" with the Court from the Hun Sen government. "The big question is ... whether the court will be able to deliver a fair trial according to international standards, or whether we're going to have a trial in the usual Cambodian tradition where the government decides the outcome," according to one of the lawyers at the Tribunal. This sounds very reminiscent of how the Hun Sen government handled, and interfered with, the FBI investigation of the 1997 grenade attack. News reports just were issued on September 16, 2010, that four additional high-level leaders of the Khmer Rouge genocide had been indicted by the Tribunal. They were accompanied by continuing concerns being voiced about "political interference" and a "lack of cooperation" by Hun Sen's government, based on the reality that many former Khmer Rouge officials hold senior positions in the current administration." (Reuters article "UN Backed Tribunal Indicts 4 Khmer Rouge Leaders," Sept. 16, 2010)

The Hun Sen government also is associated with a number of recent repressive policies and actions aimed at limiting and punishing political opposition. The National Public Radio program "The World" aired a report on August 10, 2010 indicating that the Hun Sen government was in the process of adopting a new law, the Non-Government Organization Law, that would effectively prevent private groups from engaging in opposition political activities, allow the government to disband and prosecute groups that disagreed with government policies without any due process standards, and authorize the imprisonment of NGO leaders. "The concern," according to The World correspondent Mary Kay Magistan, "is that ... the squeeze on civil society is only getting worse and the proposed NGO law will give the government yet another way to silence voices and challenges it would prefer not to hear. Magistan suggests that the new policy is reminiscent of when Hun Sen first was installed as Prime Minister, when "no opposition parties, no democratic elections" and no non-governmental activities were permitted by the government.

Amnesty International has issued a special report on Cambodia human rights non-compliance concerns to the 15th Session of the United Nations Human Rights Council indicating that the problem of "impunity" -- the failure of the Cambodian government to secure justice in instances of major human rights abuses -- has been on ongoing issue that is not being addressed. Their report notes many cases where, "Those responsible for the homicide of several civil society figures have still not been identified and brought to justice." (Amnesty 2010 Report, page 7) This includes many current cases, including that of trade unionist Chea Vichea, shot dead in 2004, trade unionist Hy Vuthy, killed in February 2007, and journalist Khim Sambor, murdered with his son in 2008, along with eight other journalists working for opposition media. Similar concerns are voiced in a special report of the United Nations Special Rapporteur on Human Rights in Cambodia, Professor Surya Subedi, noting "various shortcomings in the criminal justice system" producing "numerous ... instances of miscarriage of justice," ... and many "constraints on the judiciary's ability to act" on an independent basis. Human Rights Watch Asia Director, Brad Adams, also recently noted the Cambodian government's "relentless crackdown on critics" and on opposition political figures. (January 28, 2010 Human Rights Watch Statement)

Under these increasingly repressive circumstances, where impunity has become an ongoing and commonplace policy of the Hun Sen government to prevent the proper administration of justice, the investigation by the U.S. of Hun Sen's interference with the FBI probe in 1997 will be an important reminder that the rule of law, and accountability for violations of U.S. criminal sanctions, can not be ignored.

V. Action and Relief Requested. In view of the likelihood of the wide range of federal criminal law violations that have been identified and described above, Complainant/Petitioners hereby respectfully request that the appropriate U.S. law enforcement agencies, including the Federal Bureau of Investigation, the U.S. Department of Justice Criminal Division, and the U.S. Attorney for the Southern District of New York (where Hun Sen and his subordinates will be physically located on and around September 24, 2010 during his visit to the United Nations General Assembly Session):

1. Promptly and fully investigate the violations of federal U.S. law that have been alleged related to misrepresentations made to the FBI team investigating the 1997 grenade attack in Cambodia, and to the attempts that were made to obstruct their investigations.

2. Identify and seek the criminal accountability of those responsible for violations of U.S. criminal laws, including Hun Sen to the extent that any head of state immunity claim that he may make is not applicable. It should be noted that the grenade attack on the general population that is involved, resulting in mass murders, may well constitute "crimes against humanity" under the definition provided in Section 7 of the International Criminal Court Statute as a "widespread ... attack directed against any civilian population" that result in murder or persecution based on political grounds. As such, head of state immunity claims would not be available under Article 27 of the Statute, and time limits on prosecutions would not apply.

3. Issue a comprehensive public report on the findings made by the FBI team investigating the 1997 grenade attack, and the findings resulting from the current investigation of the unlawful cover-up efforts that have been requested in this Petition and Complaint.

Respectfully submitted this 21st day of September, 2010 by:

__________________________
Morton Sklar
Founding Executive Director Emeritus (retired)
World Organization for Human Rights USA

On behalf of the Sam Rainsy Party (the largest political opposition party in Cambodia) and the other named Complainants.

General Contact Information:
Email: mshumanrights@verizon.net
Tele: (1) (301) 946-4649
Contact information for the individual complainants can be provided on request to government prosecutors, and has been withheld in this submission for security reasons.

Note: This Complaint and Petition is filed by Mr. Sklar as Attorney of Record in his personal capacity, and is not an official submission or action of Human Rights USA.

Cambodia: Infamous Grenade Attack Still Unpunished

A wounded Chea Vichea (L) sitting next to Sam Rainsy following the attack
Scene of the carnage following the grenade attack on 30 March 1997
Sam Rainsy following the grenade attack

31 Mar 2008
Source: Human Rights Watch

(New York, March 30, 2008) - The US Federal Bureau of Investigation (FBI) should reopen its long-stalled investigation into the grisly grenade attack on an opposition party rally in Phnom Penh 11 years ago that left at least 16 dead and more than 150 injured, Human Rights Watch said today. The FBI investigation, which made significant progress in 1997, has been effectively abandoned. On March 30, 1997, a crowd of approximately 200 supporters of the opposition Khmer Nation Party (KNP), led by former Finance Minister Sam Rainsy, gathered in a park across the street from the National Assembly to denounce the judiciary's corruption and lack of independence. In a well-planned attack, four grenades were thrown into the crowd, killing protesters and bystanders, including children, and tearing limbs off street vendors. The grenade attack made headlines and provoked outrage around the world. On June 29, 1997, the Washington Post wrote:

"In a classified report that could pose some awkward problems for U.S. policymakers, the FBI tentatively has pinned responsibility for the blasts, and the subsequent interference, on personal bodyguard forces employed by Hun Sen, one of Cambodia's two prime ministers, according to four U.S. government sources familiar with its contents. The preliminary report was based on a two-month investigation by FBI agents sent here under a federal law giving the bureau jurisdiction whenever a U.S. citizen is injured by terrorism. ... The bureau says its investigation is continuing, but the agents involved reportedly have complained that additional informants here are too frightened to come forward."

"The FBI was close to solving the case when its lead investigator was suddenly ordered out of the country by the US ambassador, Kenneth Quinn," said Brad Adams, Asia director at Human Rights Watch. "The FBI has damning evidence in its files that suggests that Prime Minister Hun Sen ordered the attack, but it has refused to fully cooperate with congressional inquiries or follow through on its initial investigation. Instead of trying to protect US relations with Cambodia, it should now finish what it started."

The FBI investigated the attack because Ron Abney, a US citizen, was seriously injured in the blast, which the United States at the time deemed to be an "act of terrorism." Abney had to be evacuated to Singapore to treat shrapnel wounds in his hip.

Instead of launching a serious investigation, then co-Prime Minister Hun Sen announced that the demonstration's organizers should be arrested and instructed police not to allow them to leave the country. (To read an Agence France-Presse account published at the time, please visit: http://hrw.org/english/docs/2006/03/28/cambod13086.htm).

On the day of the attack, Hun Sen's personal bodyguard unit, Brigade-70 (B-70), was, for the first time, deployed at a demonstration. Photographs show them in full riot gear. The police, which had in the past maintained a high-profile presence at opposition demonstrations to discourage public participation, had an unusually low profile on that day. Officers were grouped around the corner from the park, having been ordered to stay away from the park itself. Also for the first time, the KNP had received official permission from both the Ministry of the Interior and the Phnom Penh municipality to hold a demonstration, fuelling speculation that the demonstration was authorized so it could be attacked.

Numerous eyewitnesses reported that the persons who had thrown the grenades were seen running toward Hun Sen's bodyguards, who were deployed in a line at the west end of the park near the guarded residential compound containing the homes of many senior Cambodia People's Party leaders. Witnesses told United Nations and FBI investigators that the bodyguard line opened to allow the grenade-throwers to escape into the compound. Meanwhile, people in the crowd pursuing the grenade-throwers were stopped by the bodyguards at gunpoint and told they would be shot if they did not retreat.

"This brazen attack, carried out in broad daylight, ingrained impunity more than any other single act in recent Cambodian history," said Adams. "But that appears to have been one of its purposes - to send the message that opposition supporters can be murdered without ever facing justice."

In a June 1997 interview with the Phnom Penh Post, Hing Bun Heang, deputy commander of Hun Sen's bodyguard unit and operationally in charge of the bodyguards at the park on March 30, 1997, threatened to kill journalists who alleged that Hun Sen's bodyguards were involved. Hing Bun Heang has since been promoted as deputy director of Hun Sen's cabinet and, in September 2006, appointed as supreme consultant to Cambodia's Senior Monk Assembly and assistant to Supreme Patriachs Tep Vong and Bou Kry.

The bodyguard unit B-70 remains notorious in Cambodia for violence, corruption, and the impunity it enjoys as the de facto private army of Hun Sen. According to a 2007 report by the nongovernmental organization Global Witness, "The elite Royal Cambodian Armed Forces Brigade 70 unit makes between US$2 million and US$2.5 million per year through transporting illegally logged timber and smuggled goods. A large slice of the profits generated through these activities goes to Lieutenant General Hing Bun Heang, commander of the prime minister's Bodyguard Unit."

In one notorious case in 2006, two soldiers from B-70 shot a Phnom Penh beer promotion girl in the foot for being too slow to bring them ice. They were arrested by military police, but released hours later by their commander. A representative of the commander said the victim would be paid $500 compensation by B-70, but no criminal investigation or prosecution ensued.

"Instead of investigating the senior officer in charge of the bodyguard unit implicated in the 1997 grenade attack and who threatened to kill journalists reporting on it, Hun Sen has promoted him," said Adams. "Apparently, Hun Sen considers such a person qualified for a senior position in the country's official Buddhist hierarchy."

Given the serious and credible allegations of the involvement of the Cambodian military in the grenade attack, Human Rights Watch expressed concern that the United States has increased military assistance and training to the Cambodian military before it completed its investigation into the 1997 attack.

Human Rights Watch called on the US to ensure that it is not providing any assistance or training to current or former members of B-70 or other Cambodian special military units with records of human rights abuse. In an effort to solidify counterterrorism cooperation, the FBI in 2006 awarded a medal to the Cambodian Chief of National Police Hok Lundy for his support in the US "global war on terror." Hok Lundy was chief of the national police at the time of the grenade attack and has long been linked to political violence.

"No credible explanation has ever been offered for the deployment or behavior of Hun Sen's bodyguards on March 30, 1997," said Adams. "Their actions may reach the highest levels of the Cambodian government, yet the FBI investigation has been dropped. The fact that the US is providing military assistance instead of investigating the grenade attack shows that it is effectively complicit with the Cambodian government in abandoning any hope for justice for the victims of this horrific attack."

Did Those Killed on March 30, 1997 Die in Vain?

Scene of the carnage after the grenade attack on 30 March 1997

Click here to view the list of the victims names (English and Khmer)

03/27/2008
STATEMENT ON 11TH ANNIVERSARY OF GRENADE ATTACK
By Ron Abney, Cochran, Georgia,USA
ronabney@hotmail.com

DID THOSE KILLED ON MARCH, 30 1997 DIE IN VAIN?

What a sham and a farce the investigation of this tragic event has become. Every year we call on the Cambodian Government to investigate. We’re asking the Hun Sen government to re-open a case which he never really opened.

The FBI found out within weeks of the attack that it was planned and carried out by Hun Sen’s own private guards and covered up by Hun Sen’s top police enforcers. What a crime was committed that day. We shouldn’t be vague about culpability when we ask for a new investigation. So let’s be real.

Did those slaughtered on 3/30/97 die in vain? Even today Hun Sen is the supreme and ultimate puppeteer of all that happens in Cambodia. He decides who will be exiled and who will be allowed back in the country. He decides how far each opposition party can go in criticizing has government. He makes sure the NEC is loaded with yes men who will validate the results of the election. He decides who will be jailed and who will be released. He decides the fate of pro-democracy party commune leaders who speak out and try to organize. His forces bribe opposition part officials to join CPP. And as we saw on 3/30/97 he decides when opposition goes too far.

He is a master of intrigue. He has told the world for years that his government will bring the Khmer Rouge leaders before his court for trail. How is that trial going by the way? These KR leaders are dying right and left of old age while the corrupt judicial system in Phnom Penh makes a farce out of a situation so tragic it still rips the heart out of those who suffered at the hands of Pol Pot.

Cambodia hasn’t really changed. Everything looks shinier and tourists who fly from their own country to Bangkok or Hong Kong to Siem Reap and its five-star hotels and then back to their homes talk of how wonderful to see all the changes. They should travel about an hour from Siem Reap in any direction and see what has happened to the homeless who used to pack the streets of that great city.

Those gathered on 3/30/97 only asked for justice and political freedom. If they were alive today they would still be begging for basic human rights and the same freedom and opportunities that CPP officials enjoy.

In Cambodia everybody votes but nobody counts.

US Victim of Phnom Penh Grenade Attack Threatens To Revive Suit Against Hun Sen

13 Apr 07 - 18 Apr 07
Moneakseka Khmer
Translated from Khmer and posted online

Ron Abney, an American who was injured in the grenade attack in front of the National Assembly on 30 March 1997, has been regarded by most situation monitors as a big contributor to maintaining peace and upholding the good names and honor of the Cambodian leaders, helping them to avoid leaving their reputation in the US federal court system.

In reality, regarding the case about the four-grenade attack in front of the National Assembly to disperse the democrats led by leader of Cambodia's opposition party Sam Rainsy in demanding a reform to the justice system, the culprits and mastermind have not yet been identified for prosecution.

No longer trusting the search for justice to the dead and wounded in the 30 March 1997 grenade attack incident, in October 2005 Ron Abney and Sam Rainsy together with two other Cambodian plaintiffs filed a lawsuit against Hun Sen in the US federal court of New York City.

Concerning the process of suing strongman Hun Sen at the US federal court in 2005, Ron Abney explained in detail, "This case was based on a law called the Alien Tort Law, with myself as the plaintiff in my capacity as a US citizen attacked overseas who is allowed by this law to bring the case to a US court."

Ron Abney went on to explain to the media, "Sam Rainsy also joined with me at that time of the lawsuit together with a couple of other Khmer citizens. But this certainly was my idea. Therefore, I would like to inform you that this matter has not yet ended, the case has not yet been closed."

This American national said with emphasis: "I decided to withdraw the lawsuit against Hun Sen because I believed and trusted someone I knew very well who told me that Sam Rainsy would be killed if I did not drop the charges."

Ron Abney frankly said that since Sam Rainsy also filed the lawsuit against strongman Hun Sen "I believed that Sam Rainsy would never be permitted or allowed to return to Cambodia if he did not withdraw that lawsuit. I was also told that Koem Sokha's life, too, could be in danger."

It was because of all these reasons that the case has become what it is now. So that the opposition in Cambodia, no matter which group, could exist we had to withdraw the lawsuit.

This means that in order to have an opposition voice in Cambodia and also to conform to the democratic principles, Hun Sen has had to change his attitude for a while. However, because lately Hun Sen has arbitrarily been barking at the opposition party again, Ron Abney showed his personal views as follows: "If Hun Sen said so, by law I have not yet dropped my complaint; I can review and resume the lawsuit.'

Ron Abney said, "This is just a deferment of the lawsuit with no loss to any demand therein. This means that any day if I make a phone call to my lawyer he can immediately re-submit my lawsuit to the US federal court, which will issue a summons to Hun Sen. Therefore, this lawsuit is still alive."

At the same time, Ron Abney's defense attorney said that [the decision to drop the charges] was most surprising and stunning to him because no one gave him any hint about it beforehand. It was less than 24 hours after that that Sam Rainsy had returned to Cambodia.

Ron Abney claimed, "I still can sue Hun Sen and within 10 minutes this case will become a new story if I so desire. I can do it, if I want."

It should be noted that strongman Hun Sen used his oratory on 9 April to bitterly attack the opposition party, charging it of never helping to find any solution to the livelihood problems of the people and of caring only about finding a way to topple him and his Cambodian People's Party [CPP].

But, maybe Hun Sen forgot everything, for he said in January 2006 that Cambodia must have an opposition group to help the government. Not much time had passed since, and Hun Sen already revealed his dark scheme to do away with the opposition party when this power-crazy man became well aware that Sam Rainsy would become the leader of the great movement uniting all the democrats.

While Hun Sen was worried about the democrats united into a single body and following Sam Rainsy's correct path, a force which could bring great danger to his CPP, Hun Sen made this menace: "It is time for the CPP to also prepare strategy, that is, to fight back."

Realizing that this is a pressure situation for the opposition party, US citizen Ron Abney pre-warned that he "might resume the lawsuit against Hun Sen at the US federal court although he has already withdrawn it."

In reality, to render justice to the [ 16] dead and hundreds of wounded in the 30 March 1997 grenade attack incident in front of the National Assembly, getting the culprits is the most important endeavor because no power in the world should cover up this great tragedy.

However, Ron Abney agreed to withdraw the lawsuit from the US federal court because he was told that "if he did not drop the charges about what happened in Cambodia Sam Rainsy would surely get killed."

Cambodia opposition demands end to culture of impunity

Opposition party leader Sam Rainsy pays respect in front of a memorial for victims of a deadly grenade attack, in Phnom Penh March 30, 2007. Friday marks the 10th year anniversary of a grenade attack which took place in front of the national assembly killing 16 people and injuring 150. REUTERS/Chor Sokunthea

Saturday, March 31, 2007
AFP

“These cowards were sent by government thugs and their agents to try and kill those threatening Hun Sen’s hold on the people” - Ron Abney of the perpetrators of the 30 March 1997 grenade attack

Like militants and anti­government civil libertarians in the Philippines, Cambodia’s opposition leader Sam Rainsy demanded Friday an end to the country’s culture of impunity, at a ceremony in Phnom Penh, the capital, marking a grenade attack that killed at least 16 protesters 10 years ago.

No one has been arrested for the bombing of the anti­government protest, which also wounded more than 120 people, including an American, despite government claims that the case is still open.

“All compatriots, unite together to end this culture of impunity in order to stop powerful people from killing others at will and not face conviction,” a tearful Sam Rainsy said.

“Ten years have passed but our hurt and misery remain the same,” he added, standing at the site outside Cambodia’s parliament where four grenades were hurled into the crowd on March 30, 1997.

Sam Rainsy called on the governments of France and the United States to look into the grenade attack.

The New York-based rights group, Human Rights Watch, on Thursday also urged the US Federal Bureau of Investigation to reinvestigate the attack.

The FBI opened a probe into the attack after US citizen Ron Abney, who was country director of the US-funded democracy group International Republican Institute, was seriously wounded by shrapnel.

But the investigation was hampered by uncooperative Cambodian government officials and quickly bogged down.

In a statement read out at Friday’s gathering, Abney said “that one tragic event that day showed the world what happens when [Prime Minister] Hun Sen’s power is questioned.”

“These cowards were sent by government thugs and their agents to try and kill those threatening Hun Sen’s hold on the people,” he said.

Bodyguards of Hun Sen have been accused by rights groups of throwing the grenades—a charge repeatedly denied by the premier.

Sam Rainsy had earlier accused Hun Sen of masterminding of the attack, but later recanted after returning last year from self-imposed exile in France, where he had fled to avoid being imprisoned for defaming the premier.