Hun Sen aide held in Koh Kong [-Culture of violence among Hun Xen's entourage?]

Tuesday, 24 April 2012
Chhay Channyda and Lieng Sarith
The Phnom Penh Post

Less than a week after one of his Cabinet members was arrested, another of Prime Minister Hun Sen’s coterie has run afoul of the law.

A man identified as a personal assistant to the premier and a member of his personal bodyguard unit was detained for questioning yesterday for allegedly using a gun, an electric baton and handcuffs to attack four men, an official said yesterday.

Lay Menglaing, chief of the minor crime police office in Koh Kong province, said three of the premier’s bodyguards were also detained over the incident.

“The prosecutor asked me to file the report and evidence in order for the court to take legal action,” Lay Menglaing said. “We have to obey the law regardless if he’s a senior official or someone else.”

He told the Post that Bun Sokha, who he referred to as deputy chief of staff of the Hun Sen bodyguard unit, and his guards had beaten the four victims on Sunday evening at the Koh Kong City hotel in Khemarak Phoumin town.

Cambodia: 15 Years on, No Justice in Grenade Attack

Carnage scene following the grenade attack

March 29, 2012

Source: http://www.hrw.org/news/2012/03/29/cambodia-15-years-no-justice-grenade-attack

"The substantial evidence of government involvement in this attack means a serious state investigation will never take place unless the donors, who provide almost half the national budget, demand one. Donors who are pouring millions into the Khmer Rouge trials to end impunity should not be ignoring a more recent atrocity under the current prime minister." - Brad Adams, Asia director at Human Rights Watch

(New York) – The Cambodian government has made no effort over the last 15 years to bring to justice those responsible for a bloody grenade attack on an opposition party rally, Human Rights Watch said today.

The US Federal Bureau of Investigation (FBI) should complete its long-stalled investigation into the March 30, 1997 attack, which left at least 16 people dead and more than 150 injured, Human Rights Watch said. Recent reports indicate that French authorities opened a new investigation into the attack early this year.

កិច្ច​សម្ភាសន៍​ជាមួយ​លោក ទៀង ណារិទ្ធ ពាក់ព័ន្ធ​​តុលាការ​បារាំង​សើរើ​សំណុំ​រឿងគប់គ្រាប់​បែក​នៅ​មុខ​រដ្ឋសភា​ជាតិ​កាល​ពី​ឆ្នាំ​១៩៩៧ - Interview with Tieng Narith on the 1997 grenade attack lawsuit in France

Tieng Narith

អង្គារ 07 កុម្ភៈ 2012
The Free Press Magazine Online
Translation from Khmer by Soch

លោក សម រង្ស៊ី មេដឹកនាំ​​បក្ស​​ប្រឆាំង​​សម​​រង្ស៊ី​ដែល​​កំពុង​​រស់​នៅ​​និរទេសខ្លួន​បាន​សម្តែង​សេចក្តី​​រំពឹង​កាល​ពី​ពេល​ថ្មីៗ​នេះ​ថា ​តុលាការ​​ទី​ក្រុង​​ប៉ារីស ប្រទេស​បារាំង នឹង​ផ្ដល់​យុត្តិ​ធម៌​​​ឲ្យ​​ខ្លួន ​ចំពោះ​ការ​ប្តឹង​លោក ហ៊ុន សែន បាយក​រដ្ឋមន្រ្តី​កម្ពុជា ជុំវិញ​​​សំណុំ​រឿង​​គប់​គ្រាប់​​បែក​ទៅ​​លើ​​ហ្វូង​​បាតុករ​​នៅ​​មុខ​​អតីត​​មន្ទីរ​រដ្ឋសភា ​កាល​​ពី​ជិត​​១៥​ឆ្នាំ​មុន ដែល​​ធ្វើ​ឲ្យ​​មនុស្ស​​យ៉ាង​ហោច​​ណាស់​​១៩​​នាក់​ស្លាប់ និង ជិត​​១រយ​នាក់​​ទៀត​​រង​របួស។

សូម​ស្តាប់​កិច្ច​សម្ភាសន៍​រវាង​លោក យូ សារ៉ាវុឌ្ឍ និង​លោក ទៀង ណារិទ្ធ ពាក់ព័ន្ធ​ទៅ​នឹង​បញ្ហា​នេះ៖
--------

Opposition leader Sam Rainsy, who is currently living in self-exiled, expressed once again his hope that the French court will provide justice in his lawsuit against PM Hun Xen regarding the 1997 grenade attack which took place in front of the Cambodian National Assembly building. The attack which took place 15 years ago led to at least 19 dead and more than 100 people injured.

Please listen to Mr. You Saravudh’s interview of Mr. Tieng Narith regarding this issue:

Click on the control below to listen to the interview:

Click here to download the interview in MP3

សម រង្ស៊ី រំពឹង​ថា នឹង​ឈ្នះ​ក្ដី​រដ្ឋាភិបាល​ក្រុង​ភ្នំពេញ​ក្នុង​សំណុំ​រឿង​គប់​គ្រាប់​បែក នៅ​តុលាការ​ក្រុង​ប៉ារីស - Sam Rainsy expects to win in the French court over the PPenh regime in the 1997 grenade attack case

ព្រហស្បតិ៍ 02 កុម្ភៈ 2012
ក.និរតី
The Free Press Magazine Online

ដូច​ជ័យ​ជំនះ​លើ​ករណី​បណ្ដឹង​បរិហាកេរ្ដី៏ របស់​រដ្ឋមន្ត្រី​ក្រសួង​ការ​បរទេស​ខ្មែរ​ដែរ មេដឹកនាំ​គណបក្ស​​ដែល​កំពុង​រស់​នៅ​និរទេស​រូប​នេះ​រំពឹង​ថា ​តុលាការ​ទី​ក្រុង​ប៉ារីស នឹង​ផ្ដល់​យុត្តិ​ធម៌​​ឲ្យ​ខ្លួន ជុំវិញ​សំណុំ​រឿង​គប់​គ្រាប់​បែក ទៅ​លើ​ហ្វូង​បាតុករ​នៅ​មុខ​អតីត​មន្ទីរ​រដ្ឋសភា ​កាល​ពី​ជិត​១៥​ឆ្នាំ​មុន ដែល​បាន​ធ្វើ​ឲ្យ​មនុស្ស​យ៉ាង​ហោច​ណាស់​១៩​នាក់​ស្លាប់ និង ជិត​១រយ​នាក់​ទៀត​រង​របួស ។

Another Step Toward the End of Impunity in Cambodia

January 27, 2012

ANOTHER STEP TOWARD THE END OF IMPUNITY IN CAMBODIA

On January 24, 2012 the Prosecutor of the French Republic at the Paris Tribunal decided to resume the judicial investigation into a deadly grenade attack perpetrated in Phnom Penh on March 30, 1997. The attack was an assassination attempt on Sam Rainsy who is a French citizen.

For more details please read our statement in Khmer

http://tinyurl.com/8aaqa9b

SRP Cabinet

===========

27 janvier 2012

UN AUTRE PAS VERS LA FIN DE L’IMPUNITÉ AU CAMBODGE

Le 24 janvier 2012 le Procureur de la République près le Tribunal de Grande Instance de Paris a signé la réouverture de l’information judiciaire portant sur l’attaque meurtrière à la grenade perpétrée à Phnom Penh le 30 mars 1997. L’attaque correspondait à une tentative d’assassinat à l’encontre de Sam Rainsy qui détient la nationalité française.

Pour plus de détails veuillez lire notre communiqué en khmer
http://tinyurl.com/8aaqa9b

Cabinet du PSR

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's dark sky to be brighter with the addition of many more army stars

Soon Cambodia will have the largest number of generals in the world?

Hun Xen promotes 4 generals to the rank of 4-star generals

06 March 2010
DAP-news
Translated from Khmer by Socheata

A high-ranking general revealed that, at least 4 generals were proposed by Hun Xen to the King to be promoted to the rank of 4-golden-star generals, as well as promoting the rank of a number of other generals.

A source among the RCAF generals revealed that the four generals proposed for promotion to the rank of 4-golden-star general are: Chea Dara, Sao Sokha, Hing Bun Heang and Nhek Huon. Currently, the four generals are RCAF deputy-Commander-in-Chief. Sao Sokha is also the commander in chief of the Military Police for the entire country, Hing Bun Heang is the commander of Hun Xen’s private bodyguard unit, and Chea Dara is the commander in chief in charge of the Preah Vihear frontline. In addition to the proposal for the promotion of the 4 generals above, a number of 1 and2-star generals was proposed for promotion as well. A reliable source claimed that the promotion proposal made by Hun Xen was already sent to the king who is expected to approve them soon.

Four-golden-star General Hun Xen oversees the 15th anniversary of Brigade B-70, his private army

(All Photos: DAP news)

Source: Cambodia's Family Trees, Global Witness

Brigade 70 and the Bodyguard Unit – a Private Army for the Prime Minister

Brigade 70 is a special unit of 2,000 soldiers headquartered in Cham Chao on the outskirts of Phnom Penh. Its commander is Major General Mao Sophan. It acts as a reserve force for Hun Sen’s 4,000 strong Bodyguard Unit and Mao Sophan takes his orders from Bodyguard Unit chief Lieutenant General Hing Bun Heang. Hing Bun Heang’s commanding officer is General Kun Kim,294 one of four deputy commanders-in-chief of the RCAF and Hun Sen’s chief of cabinet.258 In January 2007 Hun Sen promoted Kun Kim to four star General, the most senior rank in the Cambodian armed forces.

In the words of a former member of United Nations Office of the High Commission for Human Rights (UNOHCHR) staff, “The term bodyguard is a misnomer ... the Prime Minister’s bodyguard unit is a substantial military elite unit equipped with modern weaponry and many of its members have received special training abroad.” The Bodyguard Unit and Brigade 70 are central to Hun Sen’s strategy of cultivating special units to protect his interests from potential challengers inside and outside the CPP. The latent threat of violence is integral to the prime minister’s hold over the population as a whole, moreover. Hun Sen responds even to muted criticism by declaring that attempts to remove him will cause the country to fall back into conflict and instability. Cambodians take these threats extremely seriously. The fact that the prime minister has developed what is essentially a private army is surely one of the reasons why.

Hun Sen’s military capability is rarely commented on by the international community, despite the evident danger that it poses to democracy in Cambodia. It perpetuates a situation in which military units are controlled by individual politicians rather than the state; the same conditions that enabled Hun Sen to unseat his co-prime minister Norodom Ranariddh in a violent coup d’etat in July 1997. Human rights organisations accuse Hun Sen’s Bodyguard Unit of playing a leading role in mounting this coup.

Court Begins Probe of Justice Official

By Sok Khemara, VOA Khmer
Original report from Washington
22 June 2009

Phnom Penh Municipal Court began its probe into charges against a high-ranking member of the Ministry of Justice, alleged to have forged the prime minister’s signature in an attempt to secure the release from jail of a Russian tycoon.

A lawyer for Prum Piseth, who is head of the ministry’s administration office, confirmed the case had reached the court, but declined further comment.

Officials say Prum Piseth allegedly attempted to have Alexander Trofimov, who is fighting charges of sexually abusing underage girls, released from jail.

He was reported by Lt. Gen. Hing Bun Heang, chief of Prime Minister Hun Sen’s bodyguard unit, according to officials who spoke on condition of anonymity.

Corruption competition in Hun Sen's govt: Forged document to release child sex offender Alexander Trofimov

Alexander Trofimov

Justice Official Arrested for Fraud

By Sok Khemara, VOA Khmer
Original report from Washington
18 June 2009

A senior official at the Ministry of Justice was arrested Wednesday for allegedly falsifying documents in an attempt to secure the release of a Russian tycoon accused of child sex crimes.

Police and ministry officials, who spoke on condition of anonymity, said Prum Piseth, head of administration at the Ministry of Justice, was arrested following the complaint of Lt. Gen. Hing Bun Heang, chief of Hun Sen’s bodyguards.

Prum Piseth allegedly forged Hun Sen’s signature on documents that ordered the release Alexander Trofimov, the high-profile defendant in the midst of a pedophile case.

The arrest comes just days after the US State Department censured Cambodia’s efforts to curb human trafficking, including for child sex exploitation and impunity of public officials involved in the practice.

Trofimov is one of the highest-profile arrests for pedophilia in recent years. He was granted a permit to develop the entire island of Koh Puos into a luxury resort, prior to his arrest for alleged sexual acts with underage girls.

Prum Piseth also faces a complaint from a woman who claims he cheated her out of $240,000, the officials said.

One justice official who could not reveal details in the case directed questions to Brig. Gen. Muong Khim, who he said led the arrest operation.

Muong Khim denied arresting Prum Piseth.

With generals monlighting as land-grabbers, soldiers are freelancing as guards for wealthy officials ... How about Hun Sen's bodyguards unit?

RCAF freelancers called back

Friday, 20 February 2009
Written by Thet Sambath and Chun Sophal
The Phnom Penh Post

Day jobs as guards for the wealthy ruled out under military reforms

PRIME MINISTER Hun Sen has ordered the new Royal Cambodian Armed Forces (RCAF) commander-in-chief to recall soldiers moonlighting as guards for wealthy officials, saying they should remain with their military units.

"I ordered General Pol Saroeun to gather them and take them from the places where they are working," Hun Sen said Wednesday, referring to the government's much-touted policy of military reform, which began with a shake-up of the senior military leadership last month.

"If they are deployed here and there, the military units will lack soldiers. The real soldiers have been stationed at homes belonging to this man or that man here and there. It is impossible from now on. We have to take action to stop it," he said during a conference at the InterContinental Hotel.

"I do not mean that they should be sent to brigades, but to their platoons and companies," he added, referring to demoting soldiers.

Hun Sen said also that Pol Saroeun had informed him that more than 10,000 soldiers - totalling nearly an entire RCAF division - were deployed in non-military positions, and requested that they all be sent back to their units.

Commander-in-Chief Pol Saroeun confirmed Thursday that more than 10,000 soldiers had been listed as absent from the Ministry of Defence, Command Headquarters and Infantry Headquarters.

When asked if they will be sent back to bases, Pol Saroeun said he was in the process of expediting the return of the men to their units.

"I know how to organise this. I can't give any details because this is military work," he added.

Deputy Commander-in-Chief Hing Bun Heang would not comment on the redeployment Thursday, saying he was stationed along the Thai border.

Gen. Ke Kimyan sacked as the RCAF commander-in-chief

Gen. Ke Kimyan (R), seen here being briefed by his officers.

"If he was withdrawn from his post without real reason, there could be a reaction from soldiers and commanders," - A three-star RCAF general

Written by Post Staff
Friday, 23 January 2009
Phnom Penh Post

GENERAL Ke Kim Yan, commander-in-chief of the Royal Cambodian Armed Forces and long-time loyalist of Cambodian People's Party President Chea Sim, has been removed from his post in a sweeping reshuffle of the Kingdom's military leadership.

According to a royal decree broadcast Thursday on Apsara Television, Ke Kim Yan's deputy, General Pol Saroeun, has been appointed commander-in-chief, and seven officers have been bumped up to the post of deputy commander-in-chief, including Hun Sen loyalists General Kun Kim and General Meas Sophea.

When contacted by the Post Thursday, Pol Saroeun confirmed he had been promoted. When asked how he felt about it, he replied: "I am modest."

Nem Sowath, Cabinet chief for the Ministry of Defence, said that it was a routine reshuffle of the Kingdom's top brass. "There has been no problem," he said.

He added that Ke Kim Yan had led the army for many years and had made "enviable achievements" since being appointed to the post.

Kem Sokha, president of the Human Rights Party , said the reshuffle was likely a result of internal CPP power politics.

"We have long heard rumours that Prime Minister Hun Sen had plans to remove Ke Kim Yan from commander of RCAF because of an internal dispute," he said, referring to speculation that has abounded since 1997 when reports of Ke Kim Yan's death in the factional fighting sent his family fleeing to Thailand. Although the reports proved erronrous, it later emerged Ke Kim Yan had disputed an order to deploy the army on the streets of Phnom Penh.

In 1999, when Hun Sen appointed Kun Kim to the general staff, observers cast it as a move by the prime minister to tighten his grip on RCAF.

A three-star RCAF general who declined to be named said that he was "very surprised" to hear of the transfer.

"If he was withdrawn from his post without real reason, there could be a reaction from soldiers and commanders," he said.

But Nguon Nhel, first deputy president of the National Assembly, denied the move was a sign of internal divisions in the party. "There is no such dispute in the CPP," Nguon Nhel said. "If there was a dispute, the CPP would not have such support."

Ke Kim Yan could not be reached for comment Thursday.

Sacrava's Political Cartoon: Tuol Krasaing-Armed Forces

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Kathen Ceremonies Held in Wat Keo Sekha Kirisvarak or Wat Prasat Preah Vihear Pagoda raised $180,000

The top picture: Gen. Hing Bunheang made donations to the monks and bottom picture: the monks receiving donations of consumption goods.( Photos by Vontha).

Koh Santepheap Newspaper
14th November, 2008
Translated from Khmer by Khmerization

Preah Vihear: In the morning of the 12th of November, two Kathen ceremonies were organised by Samdech Hun Sen and Lady Bun Rany Hun Sen in associations with some government institutions as well as authorities of Preah Vihear province and Siem Reap province to take the donations to Wat Keo Sekha Kirisvarak or Wat Prasat Preah Vihear pagoda.

The Kathen ceremonies brought donations for four pagodas, including Wat Keo Sekha Kirisvarak or Wat Prasat Preah Vihear pagoda, Wat Kiri Seima pagoda called Wat Phum Muoy, Wat Tejak Raingsey called Wat Phum Svay Chrum and Wat Sra-Em Ratanram called Wat Phum Sra-Em pagoda. These four pagodas are located in Kantuot commune, Choam Ksan district, Preah Vihear province.

The money raised during the Kathen ceremonies on that day amounted to 720 million riels ($US180,000) plus some consumption goods. The money raised and the consumption goods donated will be given to the four pagodas named above, ie. Wat Keo Sekha Kirisvarak will receive 300 million riels ($US75,000), Wat Kiri Seima will receive 100 million riels ($US25,000), Wat Tejak Raingsey will receive 100 million riels ($US25,000) and Wat Sra-Em Ratanaram will receive 100 million riels ($US25,000). Other than the four temples, 100 million riels ($US25,000) of the Kathen money have been donated to the soldiers stationed at the Preah Vihear frontlines, 20 million riels ($US5,000) was given to the organising committee of the Kathen at Wat Keo Sekha Kirisvarak and as well as donations to the 80 Buddhist monks residing at the temple where each monk receives 200,000 riels ($US50). The money donated to the 80 Buddhist monks are money donated by private donors, not the money taken out from the Kathen.

The participants in the Kathen on that day include all frontline military commanders, Gen. Pol Saroeun, Gen. Hing Bunheang, Gen. Srey Doek, Oknha (Sir) Sieng Nam, the MP for Siem Reap, Sou Phirint, the Governor of Siem Reap and Maj-Gen. Sor Thavy, Deputy Governor of Preah Vihear province as well as many government officials from different institutions, people from the two provinces and hundreds of the troops stationed in the areas.//

Impunity at Work in Cambodia: Soldiers and Police Escape Prosecution

Nget Nith's bandaged shoulder after being shot by a RCAF soldier

October 15, 2008
Source: Licadho

For Cambodia's police and armed forces, impunity is the rule of law. In recent months Phnom Penh has been witness to a spate of shootings perpetrated by police or Royal Cambodian Armed Forces (RCAF) personnel. These individuals at the time of the shooting incidents were either off-duty or working second jobs as security guards, during which they were illegally carrying firearms. Following the shootings all these perpetrators escaped prosecution because they were protected by their high-level connections, paid out-of-court compensation to the victim to ensure a criminal complaint was not made, or were allowed to go into hiding.

RCAF Brigade 70 soldier shoots factory worker

On July 31, 2008, Dy Sothearith, a soldier in Brigade 70, an elite RCAF unit which includes the Prime Minister's bodyguard unit, shot Nget Nith, a worker at the Toyo Food Product Co. factory Dangkao district, Phnom Penh. Dy Sothearith was working at the factory as a private security guard provided by the Cambodia Special Security Agency (CSSA), owned by Leng Ho, a senior official in the Ministry of Interior. The shooting occurred after Nget Nith, a technician at the factory, had attempted to enter the factory 15 minutes prior to the start of the night shift. After Sothearith refused him entry, a small argument erupted and the security guard shot Nith in the shoulder (he initially aimed his gun at Nith's chest but Nith turned his body sideways and the bullet hit his shoulder). Sothearith fled the scene after the shooting.

The Toyo Food factory reportedly loaned money to Nith to pay for his medical costs and the CSSA paid Nith $1000 in compensation, in exchange for him not pursuing a criminal complaint against Dy Sothearith in court. At the same time, Dy Sothearith is believed to have gone into hiding within the Brigade 70 headquarters. Although many people witnessed the shooting of Nith and the district police conducted an investigation into this criminal act, the Phnom Penh Municipal Court has not taken any action to prosecute Sothearith.

Under Cambodian law, it is unlawful for the police not to send a file on a criminal case to court, or for a court not to file criminal charges, simply because the alleged perpetrator has paid compensation to the victim.

RCAF Brigade 70 soldier shoots man after traffic accident

On July 11, 2008, Meur Bora, also a RCAF Brigade 70 soldier, was driving his Lexus sports utility vehicle in Daun Penh district, Phnom Penh, when a Camry car driven by So Vinas and Pav Mengleang scratched his vehicle. Vinas and Mengleang continued to drive on as they were afraid of retribution should they stop their car. Bora pursued the Camry and managed to block its path with his own car. Bora then proceeded to shoot at the car, injuring Mengleang in the leg, and then beat Vinas on the head with his gun.

Bora was arrested and detained overnight by Daun Penh district police. The next day Bora was released and paid compensation to his victims. No further action has been taken by the police nor the court to prosecute Bora.

Police officer shoots and kills tuk tuk driver in bar

On May 5, 2008, Chhoun Mony, a Daun Penh police officer who was working off-duty as a security guard outside the Walkabout Bar, shot dead tuk-tuk driver Ieng Nhim. The killing took place at 12:30am when Nhim was waiting outside the bar for guests. Nhim and some of the other tuk-tuk drivers had apparently insulted Mony and he retaliated by shooting Nhim twice. Nhim was taken to hospital but later died of his wounds.

Police initially questioned witnesses to the shooting and also Nhim's relatives, however Mony managed to escape arrest. A police file on the murder was sent to court officials who have said that they will issue an arrest warrant for Mony; however, it is highly unlikely that the policeman will ever be arrested by his fellow police officers who are responsible for implementing arrest warrants.

Prime Minister Hun Sen's Bodyguard shoots and kills waitress

On September 4, 2008, Mean Sokchea, a RCAF Major working in Prime Minister Hun Sen's bodyguard unit, shot dead 21-year-old waitress Put Samphors at the Floating Beer Garden and Restaurant in Kien Svay district, Kandal province. On the night of the shooting Samphors had apparently refused Sokchea's romantic advances, however Sokchea continued to try and convince her to date him. It was raining at the time and Sokchea took his gun out apparently to fire into the air in an attempt to stop the rain. In his drunken stupor Sokchear discharged his gun, hitting Samphors in the stomach. Samphors was taken to hospital but later died of her wounds.

Sokchea was detained by the police overnight but was then released, allegedly after intervention by Hing Bun Heang, the commander of the Prime Minister's bodyguard unit. Samphor's family received $2700 from Sokchea and were told by police that their daughter was shot while authorities were chasing robbers.

No further action has been made on this case.

These four cases above highlight the pattern of impunity applied to off-duty police officers and RCAF soldiers and the continued failure of the judiciary to bring these perpetrators to justice. LICADHO urges the authorities and the courts to prosecute all perpetrators of violence (in particular the cases outlined above), regardless of what position they may hold, connections they may have, or if compensation has been paid to the victims.

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."

Closing ceremony for Hun Sen private bodyguard unit traning course ... financed by CPP deep pockets

Cambodian PM's Envoy Gen. Dul Koeun Closes Bodyguard Unit Training Course

11 Jan 08
Television Kampuchea (TVK)

(Top to bottom) Maj. Gen. Nuon Narin, director of Cambodian-Indonesian Krang Chek Training Center, presenting report on the center's past activities; Deputy chief of Prime Minister Hun Sen's cabinet, Gen. Hing Bun-heang, presenting speech; Prime Minister Hun Sen's representative Gen. Dul Koeun addressing the gathering (Television Kampuchea, 11 Jan)

On 11 January, Cambodian Government-run Phnom Penh Television Kampuchea in Cambodian at 1200 GMT carried a four-minute video report, during its primetime evening newscast, on a ceremony held under the presidency of "His Excellency [HE] Gen. Dul Koeun, director general of the Logistics and Finance Department of the Interior Ministry and high representative of Samdech Akkeak Moha Senapakdei Decho Hun Sen, prime minister of the Kingdom of Cambodia," to close the ninth training course for a special bodyguard unit at the Cambodian-Indonesian Krang Chek Training Center in Kandal Province on 11 January.

The announcer says that after Maj. Gen. Nuon Narin, director of Cambodian-Indonesian Krang Chek Training Center, presented a report on the center's past activities, [deputy chief of Prime Minister Hun Sen's cabinet] Gen. Hing Bun-heang said, "So far, Samdech Hun Sen's bodyguard unit has developed in all fields thanks to attention, instruction, care, financial and material support, and resources offered by Samdech Decho Hun Sen and his wife, Deputy Prime Minister HE Sok An, Deputy Prime Minister HE Tie Banh, the army commander in chief, the commissioner of the National Police, and generous people in and outside the country."

The announcer says that taking the floor, HE Gen. Dul Koeun "conveyed greetings, commendation, and high valuation from Samdech Akkeak Moha Senapakdei Decho Hun Sen, prime minister of the Kingdom of Cambodia and his wife, to the senior and junior officers and troops of Prime Minister Samdech Hun Sen's bodyguard unit." HE Gen. Dul Koeun also asked all the trainees to use their skills and knowledge to "protect full safety and order for Samdech Decho Hun Sen and his wife as well as for top national leaders."

The announcer says that afterward, HE Gen. Dul Koeun bestowed decorations on the officers, state officials of Kandal Stoeng District, and national and international generous people. He also handed out "donations from Samdech Decho Hun Sen and his wife" to the center.

KKHRO: General Hing Bun Heang’s bodyguards car was used to whisk defrocked Monk Tim Sakhorn away, he has since disappeared

KKHRO claimed that defrocked Khmer Krom monk Tim Sakhorn was whisked away in Hing Bun Heang's bodyguards car. Monk Tim Sakhorn's whereabout is unknown since then. Lieutenant General Hing Bun Heang (above ) is the commander of Hun Sen's Bodyguard Unit. (Photo: Global Witness)

Fate of defrocked Khmer Krom monk is still unknown

01 July 2007
By Khim Sarang Radio Free Asia
Translated from Khmer by Heng Soy

The Khmer Kampuchea-Krom Human Rights Organization (KKHRO) calls on national and international organizations, and foreign ambassadors and foreign embassies in Cambodia, to help intervene to protect the safety of Khmer Krom Abbot Tim Sakhorn who was defrocked by force and has since disappeared. It is not known whether he was sent back to Vietnam or he is still in Cambodia.

According to a statement issued by the KKHRO received by RFA today, a request was sent by patriarch Non Nget to supreme patriarch Tep Vong to defrock Monk Tim Sakhorn, the abbot of the Phnom Den North pagoda, located in Kirivong district, Takeo province. The monk was accused of turning the pagoda into a propaganda center to break the friendship between Cambodia and Vietnam.

Prak Saran, Adhoc human rights official in Takeo province, said on Sunday about this event: “He was ordained and studied in this pagoda, he never went out to make propaganda or incite Khmer Kampuchea Krom people to oppose Vietnam. He never did that. Buddhist members of the pagoda said that he never did that. Furthermore, I asked whether Monk Tim Sakhorn ever met with Khmer Krom people or not? They told me the meetings (did occur and that they) are normal simply because all the members of the pagoda are from Kampuchea Krom (South Vietnam) and they came to live in Cambodia, therefore, he used to provide foods to people who asked to stay at the pagoda once in a while, and also to visitors to the pagoda. This morning, between 9 and 10 AM, the police force and the military police force led by Phon Chea, the justice deputy police chief in Takeo province, came to search the Phnom Den North pagoda where Monk Tim Sakhorn resides. I asked the court prosecutor, but he said that he cannot tell us anything because the search was being conducted. He said that after the search, he will hand the case to the police.”

Prak Saran also raised the issue of the defrocking of Monk Tim Sakhorn: “He (Monk Tim Sakhorn) was defrocked at Tanaram pagoda in Takeo province, it’s the pagoda where the provincial monk chief resides, and the monk chief was the one who defrocked Monk Tim Sakhorn. KKHRO followed the case at the Tanaram pagoda. Shortly after Monk Tim Sakhorn was brought in, he was seen taken out in blue civilian clothes, and he was put into the car belonging to the bodyguards of General Hing Bun Heang (the commander of Hun Sen’s bodyguard unit). This is what the KKHRO official saw at the (Tanaram) pagoda. The car was driven out of the pagoda, but it was not known where it was taken to. Monk Tim Sakhorn has since disappeared and his mother does not know where her son was taken to.”