Friday, January 30, 2015

# 91 "Is David Fletcher entitled to a fair trial?" An open letter. 'Yes' or 'no'?



An Open Letter to:

UK Foreign Secretary, Mr Phillip Hammond
Alan Haselhurst
Debbie Chisolm
Joanna Roper
Sue Bennett
Connor Doherty
Richard Seedhouse,
Mark Kent
Julian Blewett
Ray Keen
Nigel Eustace
Michael Hancock
Liz Moriarty
Deborah King
Laura Thorne
LICADHO 
ADHOC 
Cambodia Daily
Phnom Penh Post
Steve Morrish
Thierry Darnaudet
Samleang Seila
Scott Neeson

I have, this past few months written all of you in relation to the case of Mr David John Fletcher – found guilty in a secret trial that he only discovered had occurred after the verdict was announced.

As you all know, Mr Fletcher received a 10 year jail sentence for having raped Yang Dany – a young woman who not only denies that any rape took place but who was found to be a virgin by the court-appointed who examined her.

As you all know, since his arrest in June 2010 Mr Fletcher has never been interviewed by the Cambodian police in relation to these charges. He has never been interviewed by an Investigating Judge. He has never been given the opportunity to present a defense in court or to call witnesses.

These are facts about which there can be no dispute.

Is there any one of you who would be prepared to declare, in public,  that Mr Fletcher is entitled to be tried in accordance with the Cambodian Code of Criminal Procedure in relation to the charge that, in March 2009, he raped Yang Dany?

best wishes

James Ricketson

Tuesday, January 27, 2015

# 90 LICADO adheres to an Omerta-style pact of silence when asked questions the NGO does not wish to answer



Dr Kek Pung
President, LICADHO
Phnom Penh
Cambodia

27th   Jan 2015

Dear Dr Pung

LICADHO, along with most other NGOs in Cambodia, seems determined to adhere to an omerta-like pact of silence when asked questions.

It has been suggested to me many times now that I have no right to ask questions of any NGOs and expect answers. Acceptance of such a state of affairs by journalists would result in their never being able to write articles that were anything other than the official line presented by an NGO to the world. All NGOs are in the business of marketing themselves. This is how you raise funds for your continued activities. It is the role of journalists to hold NGOs (along with politicians, amongst others) accountable for their activities.

Whilst LICADHO quite rightly holds the government of Cambodia to account for its actions, you appear not to believe that journalists have a right to hold LICADHO accountable. Just as the lack of transparency and accountability leaves the Cambodian government free to do as it pleases with impunity, the same applies to LICADHO and other NGOs in Cambodia funded by donor and sponsor dollars.

It is now more than a month (23rd Dec 2014) since I offered you and LICADHO the opportunity to meet and speak with someone who has some very disturbing observations to make about Action Pour les Enfants based on personal experience. This person’s story is explosive. So much so that s/he only wishes to tell it if s/he can be guaranteed protection from those who do not want him/her to tell it. Of primary concern is the possibility of being sent to prison for speaking out about his/her complicity in one particular scam.

That LICADHO has no interest in talking with him/her is now no longer surprising to me. Through APLE’s close association with LICADHO, with Naly Pilorge as one of the founders of the NGO, the activities of Action pour les Enfants will never come under the scrutiny of LICADHO.

This is a sad reflection of LICADHO’S commitment to human rights being available to all – including, as is appropriate, men and women accused of Khmer Rouge genocidal crimes. Yes, LICADHO will write interminable reports critical of the Cambodian government  for its human rights abuses (and rightly so) but never any reports criticizing NGOs that run bogus ‘orphanages’. LICADHO never names and shames NGOs that illegally remove children from their families  and forcibly indoctrinate them in a religious faith other than the one practiced by their predominantly Buddhist families. Is this not, in itself, a human rights abuse?

I now accept, begrudgingly, that LICADHO has no interest at all in the human rights of men accused of sex crimes – regardless of (in spite of!) of strong evidence of their innocence. There are no donor dollars to be gleaned from monitoring and reporting on such cases.  There are, however, lots of donor dollars to be harvested from a proliferation of victims of alleged abuse.

What I cannot and do not accept is that LICADHO has no interest at all in the way in which Cambodian children and their materially poor families are exploited by NGOs (through intimidation and promises of financial reward) into providing false testimony against men charged with sex crimes. What I do not understand is why LICADHO stands by, eyes averted, lips sealed, and allows these children to be removed from their families and held in NGO captivity for months on end until they sign documents implicating men in sex crimes against them?

These same children are then all-too-often removed from their families and held captive for years on end by NGOs with a religious (usually evangelically Christian) agenda and with little or no access to their families. In the case of HAGAR, as I have informed you before, these family visits can be limited to 2 hours per annum. Yes, that is not a typographical error. Two hours per annum. HAGAR also offers children money if they will make false allegations of sexual abuse against men. Again, I have offered to introduce you to some young men and women who have experience of this. And I have recorded interviews with some.  Again, LICADHO is not interested in looking at any evidence of human and legal rights abuses perpetrated by NGOs.

When these children (mostly girls) are released back into the community at the age of 18 they are provided with no assistance at all but left to fend for themselves. I know many of these young woman and all, with virtually no exceptions, became pregnant by the age of 19 – in part because they have received no counseling in contraception from their Christian NGO guardians. Nor have they been provided with ready access to contraception when they leave their respective NGOs. Once these young women reach the age of 18 they have ceased to be of any revenue raising value to NGOs who must, in order to keep the dollars flowing into their accounts, find new ‘orphans’ or ‘victims’!

Virtually the only skill these young women have acquired after years enforced NGO captivity is an ability to speak English well - a skill that enables them for the most part to work only in restaurants and as ‘waitresses’ in ‘girlie bars’. (Some of these ‘girlie bars’, as the entire NGO community knows well, as LICADHO knows well, are run by NGO men working with children!)

With few exceptions, NGOs show no duty of care to the young men and women who were in residential care for a number of years. They are left to fend for themselves and, if they don’t fend well, these same NGOs provide no assistance at all. It is cute young kids that sell the wares these NGOs have on offer – not struggling young adults.

“There is none so blind as he who will not see.”

Only a willfully blind person could fail to see and understand what is going on in Cambodia. A ‘stolen generation’ of children is being created – with all the problems attendant on the ‘stolen generation’ of Aboriginal children in Australia. The day will come when this monstrous scam is exposed in a way that I am not able to with this blog. When the truth does emerge (as it did eventually with Somaly Mam) the question will be asked of LICADHO:

“Why, Dr Pung, why Naly Pilorge, did LICADHO stand by and say nothing, do nothing, about the scams that everyone in Cambodia was aware of?”

From time to time, articles are written that allude to the truth about ‘Scambodia’ but, after a brief burst of publicity, the status quo returns and LICADHO maintains its silence of the human rights abuses perpetrated by NGOs on children and their materially poor parents. There are sins of commission and sins of omission. LICADHO is guilty of the latter.

Why does LICADHO have no interest at all in the human rights abuses suffered by these children and their families? Is it because unscrupulous NGOs such as Citipointe church’s ‘SHE Rescue Home’ and HAGAR (along with APLE) have developed close working relationships (co-dependent relationships) with LICADHO?  Is it because you all receive funding from the same sources and to do wish to upset the apple cart - if you will excuse the pun?

SHE and HAGAR (and others like them) require a constant stream of ‘victims of human trafficking’ in order to keep their business models operational? Given that so many of them are evangelical Christians they can justify their breaking up of families with their fervently held belief that they are ‘saving’ these children for Jesus Christ and hide from themselves the fact that they are also providing themselves with a good living and a lifestyle most would not be able to enjoy back in their home countries – replete with brown skinned men and women attending to their every need. Colonialism is not a thing of the past. It is alive and well in Cambodia, masquerading as Christian benevolence.

LICADHO’s raison d’etre likewise requires, in part,  perpetuating the belief for donors and sponsors that Cambodia is swarming with pedophiles and that all children (girls mainly) between the ages of 3 and 15 are in danger of being abused (potential victims’ as Steve Morrish so aptly describes them) if they are not ‘rescued’ by the likes of the ‘SHE Rescue Home’ and HAGAR. That these girls (in the main) are forcibly alienated from their families, their communities, their culture and their religion – clear abuses of their human rights - is, it seems, acceptable to LICADHO and not worthy of comment?

I should not need to make this point but it is rendered necessary by the sheer number of times I have been accused of supporting pedophiles as a result of my advocacy for David Fletcher’s right to a fair trial.

I deplore any and all forms of sexual exploitation of children and believe that the perpetrators of such abuse deserve lengthy jail sentences in whatever country they occur. However, I also deplore all non-sexual forms of exploitation of children – the very forms of exploitation practiced by so many NGOs in Cambodia - running ‘orphanages’ filled with children who have parents; running ‘rescue’ centres with few if any children who have been rescued from the sex trade but whose beds are filled with girls who have been illegally removed from their materially poor families or whose parents have placed their thumb prints on documents they could not read and did not understand.

I am thinking in particular, here, of Citipoite church’s ‘SHE Rescue Home’. As LICADHO has known since 2008, the ‘SHE Rescue Home’ removes children from their families illegally. It does so with the full knowledge of one of its major donors – the Australian based Global Development Group. Has LICADHO ever stood up for the parents who have lost their children to Pastor Leigh Ramsey’s fraudulent ‘Rescue Home’ and, in the process, broken Cambodian law? (* See relevant law below.)

Has LICADHO ever stood up for the rights of the children that have been illegally removed from their families, forced to attend Christian churches, forced to abandon all aspects of Khmer culture and tradition and denied meaningful access to their families? The answer is ‘no’. The donor dollars are to be found in ‘rescuing’ girls deemed to be ‘at risk’; not in rescuing kids from greedy and unscrupulous NGO predators that exploit their poverty for their own income-generating reasons.

(For Citipoite lawyers poring over this document online in search of evidence that I am ‘threatening to defame’ the church, please go ahead and sue me, but please have the courage to do so in Australia and not in a country where you can buy the verdict that suits you and which, you hope, in vain, will silence me. And please, this time around, have the courtesy to inform me that I am being sued and the date upon which my court case is to be heard!)

Dr Pung, please ask Citipointe (as I have been asking LICADHO to do for six years now) to produce the documents, the MOUs, that Pastor Leigh Ramsey insists gave the church the right to remove girls from their family in 2008 and hold them in custody for close to six years despite repeated requests from the parents that the girls be returned from their families? As the Law on Suppression of Human Trafficking and Sexual Exploitation (see below) makes clear, Pastor Ramsey would be doing time in a Cambodian jail if the rule of law applied in Cambodia.

You will not ask Citipointe to produce proof of the legality of its actions in removing girls from their homes. Why? You will not ask Scott Neeson to produce copies of the pro-forma contract he forces parents to sign before taking their children into residential care. Why? You will not ask Neeson why the parents are not allowed to keep copies of the ‘contracts’ they enter into with CCF for themselves. Why? You will not ask Neeson why CCF locks families out of their CCF owned hovels when they get $12.50 behind in their rent? Why?

The questions that need to be asked of Neeson, of HAGAR, of the ‘SHE Rescue Home’ are legion. You will ask none of them. Why?

Materially poor Cambodians have human (and legal) rights that are being regularly abused by NGOs who, with no regard at all for Cambodian laws that do not suit their agenda, cause enormous suffering to both children and their families.

Can you please explain to me, Dr Pung, to the NGO community, to the donors and sponsors who put millions of dollars into NGO coffers, why LIDAHO turns a blind eye to the illegal removal of children from their families? Why will LICADHO  not even ask NGOs such as the ‘SHE Rescue Home’, HAGAR and the Cambodian Children’s Fund to (a) produce documented evidence of the legality of their removal of children and/or (b) copies of contracts that the NGO has entered into with the parents of the children that have been removed?

Please stop turning a blind eye to this, Dr Pung. Please act in accordance with the same precepts of transparency and accountability that LICADHO applies to its criticisms of the Cambodian government.

At the risk of belabouring points I have made twice now, I reiterate my offer to:

(1) Introduce LICADHO to a person whose account of APLE’S modus operandi needs to be made public, if s/he can be provided with protection from those who would wish him/her harm.

(2) Provide copies of all the court documents relating to David Fletcher – in not one of which is there evidence of his guilt of rape that would stand up in a trial that took place in accordance with the Cambodian Code of Criminal Procedure. These documents could be couriered to you from Australia if you and LICADHO’S lawyers are interested in looking at them. To date it seems that LICADHO is not interested in representing, advocating for, any man charged with a sex crime – regardless of the weight of evidence in support of his innocence.

LICADHO could make a significant contribution to resolving key problems that arise in cases of alleged sexual abuse by playing a proactive role in formulating procedures and protocols in relation to the videotaping of the testimony of children involved in cases of alleged sexual abuse. I have written about this on my blog entry #85:

http://cambodia440.blogspot.com.au/2015/01/85-canadian-national-pierre-deslauriers.html

The content of blog entry #86 could function as a starting point for a discussion that LICADHO sets in motion if there is a will, a desire, on your part, on LICADHO’S part, to safeguard the human and legal rights both of children and those accused of sex crimes against them:

http://cambodia440.blogspot.com.au/2015/01/86-interviewing-methods-in-suspected.html

best wishes

James Ricketson

Law on Suppression of Human Trafficking and Sexual Exploitation

Article 8:Definition of Unlawful Removal

The act of unlawful removal removal in this act shall mean to:

1)    Remove a person from his/her current place of residence to a place under the actor’s or a third persons control by means of force, threat, deception, abuse of power, or enticement, or
2)    Without legal authority or any other legal justification to do so to take a minor person under general custody or curatoship or legal custody away from the legal custody of the parents, care taker or guardian.

Article 9: Unlawful removal, inter alia, of Minor

A person who unlawfully removes a minor or a person under general custody or curatorship or legal custody shall be punished with imprisonment for 2 to 5 years.

Sunday, January 25, 2015

# 89 Chad Williams hoist on his own petard by false allegations made against him



Dear Chad

It was never my intention, when I asked you to imagine yourself in Liam Miller’s shoes, that someone on this blog would, anonymously, place you directly in the same shoes.

The blog entry containing these allegations is factually incorrect. So too is the Post article alleging that Liam Miller was charged with rape. The only difference is that whilst relatively very few people read my blog a lot of people read the Phnom Penh Post; that whilst the Post article defaming Liam Miller is available through google search, the allegations made about you on my blog are not.

There is another and very important difference. Whereas the accuracy of the Post article about Liam Miller has never been challenged in a public forum (until here in my blog) the accuracy of the allegations made about you in the past 12 hours has been challenged in public. I think it is clear to all readers that some ‘troll’ has decided to give you a taste of the Post’s own medicine. Judging by the number of page hits this blog entry has received to date (213) the ‘troll’s’ objectives have been achieved.

False allegations made about anyone, in either the print media or online, highlight the problems inherent in defamatory statements going unchallenged. Once they have been published by the media, and then repeated by others in the media, such allegations come to be treated as facts that require no further evidence to support them. And once they are available to any and everybody through google search the person who has been defamed has little or no chance of having the defamatory material removed.

So it is that Scott Neeson’s allegations about David Fletcher still resonate today and are accepted as fact by so many people. Here is what Scott said about David Fletcher just a week before David Fletcher was arrested in Thailand:

 “There is little doubt Fletcher devotes his time to grooming young girls….The fact is these children can be bought. It’s difficult to stop it. The British Embassy have been told about Fletcher. Many organizations have files on him, but nothing has happened. If you can get this guy sent packing you are doing a service to the children here.”

No-one in the media in Cambodia has challenged this statement of Neeson’s – an allegation that has, this past 5 years, been treated as if it is a fact – despite there being no evidence of its truth that has ever been tested in a court of law.

In a country in which the rule of law prevailed, Scott would have been be sued for defamation for making this statement. His only defense in a properly constituted court would be to provide evidence that his allegation was true – namely that David Fletcher had been grooming young girls. If he could not do so, Scott would lose his case, be publically humiliated and would have to compensate Fletcher financially. So too would Andrew Drummond for the defamatory article he wrote that quotes Neeson. So too would other journalists who have used Neeson, Peter Hogan and Andrew Drummond as reliable sources of factually correct information.

Had David Fletcher had an opportunity to sue for defamation his fate might have been quite different. A public awareness that Scott Neeson (and Andrew Drummond) had lied would have placed the rape allegations made against Fletcher in a different context. Instead of there being a cheer squad on Khmer440 baying for blood, it is possible that there would have been contributors (particularly men) who realized that they too could find themselves in Fletcher’s position as a result of defamatory statements made about them. Had the Phnom Penh Post asked Neeson for evidence of the truth of his allegations, perhaps the Post would have been able to publish a statement long the lines of:

“When asked for evidence that David Fletcher had been grooming young girls Mr Neeson declined to answer.”

There is, of course, no point in David Fletcher suing Scott Neeson in a Cambodian court. Facts, evidence and truth would be irrelevant. The verdict would be decided upon in advance of any hearing  for reasons that are obvious to anyone with the most basic understanding of how the Cambodian judiciary works.

I have asked Scott several times if he has any evidence to back up his claims about David Fletcher grooming young girls. He refuses to answer. And the Phnom Penh Post refuses to ask Scott this question or, indeed, any questions at all about the legality of his removal of children from their families. Scott is a protected species. As is Action Pour les Enfants. As is LICADHO.

Ask Scott to provide the Post with a copy of the pro forma contract he forces parents to sign before taking their children into residential care. He will not do so. Then speak with a cross section of parents of children in CCF residential care and ask them to recount the circumstances under which they were induced to sign such secret ‘contracts’. Then look at the “Law on Suppression of Human Trafficking and Sexual Exploitation.” Here is the relevant extract:

Article 8:Definition of Unlawful Removal

The act of unlawful removal removal in this act shall mean to:
1)    Remove a person from his/her current place of residence to a place under the actor’s or a third persons control by means of force, threat, deception, abuse of power, or enticement, or
2)    Without legal authority or any other legal justification to do so to take a minor person under general custody or curatoship or legal custody away from the legal custody of the parents, care taker or guardian.

Article 9: Unlawful removal, inter alia, of Minor

A person who unlawfully removes a minor or a person under general custody or curatorship or legal custody shall be punished with imprisonment for 2 to 5 years.

http://www.scribd.com/doc/7259345/Law-on-Suppression-of-Human-Trafficking-and-Sexual-Exploitation-15022008-English

Is the way in which Scott Neeson obtains signiatures on contracts with the parents of children he takes into residential care legal; in accordance with “Law on Suppression of Human Trafficking and Sexual Exploitation”? Or has he used “threats, deception, abuse of power, or enticement” to secure signiatures on contracts that parents are not allowed to retain copies of?

Just as neither Scott Neeson nor Action Pour les Enfants should be protected from media scrutiny, nor either should LICADHO.

Naly Pilorge claims that LICADHO has arrived at different conclusions about the David Fletcher case to the ones that I have arrived at. Here are her words:

On Sun, Dec 21, 2014, at 04:52 PM, LICADHO Director (Naly Pilorge) wrote:

Dear XXX

“Thanks for your email. We are following the case, our findings differ from James Ricketson but we cannot reveal the details of the case to protect the parties involved, thanks.

Naly

Naly Pilorge
Director”

What are LICADHO’S ‘findings’? And which parties are being protected? APLE, an NGO that specifically requested David Fletcher not be granted a ‘re-trial’? Yang Dany, who had been spirited off to China by APLE because she and her mother were going to tell the truth in court?

Given LICADHO’S refusal to even send a representative to court to observe what was supposed to be Mr Fletcher’s ‘re-trial’ in Nov 2014, it is clear that Naly believes herself to be in possession of facts, of evidence, that the Phnom Penh Municipal Court is not in possession of. (I am in possession of all the documents) To be more precise, Naly knows that David Fletcher is guilty – regardless of any doctors reports; regardless of Yang Dany’s denials. Naly Pilorge, representing LICADHO, has set herself up as investigator, prosecutor, judge and jury and believes the 10 year jail sentence for David Fletcher is fair and just and that he is not entitled to a trial at which he is able to present a defense. This, from the Director of Cambodia’s pre-eminent human rights NGO!

Naly Pilorge can feel secure in playing the roles of prosecutor, judge and jury because the Phnom Penh Post (nor any other newspaper) will not challenge her; will ask no questions at all in relation to this case.

The same applies for Action Pour les Enfants. Thierry Darnaudet and Samleang Serila likewise have get-out-of-jail free cards that leave them free of any scrutiny by the Post.

The Phnom Penh Post had more than one journalist in court the day on which David Fletcher’s trial was to occur – as promised by the same judges three weeks earlier. The Post journalists heard the APLE lawyer oppose David Fletcher’s right to a trial. The Post journalists saw the judges refusing to accept any evidence from David Fletcher; saw the judges refuse Fletcher the right to speak on his own behalf and saw them, after a 15 minute break, read a long  statement that had clearly been written before the days proceedings explaining why they had decided against allowing David Fletcher a trial. And what story did the Post publish about the travesty of justice that occurred in court that day? Nothing. The clear breach of Mr Fletcher’s human and legal rights did not warrant even a paragraph in the Post!

Again I ask you, Chad, to place yourself in the position of someone (like Fletcher or Miller) accused of a serious crime for which there is no evidence of your guilt. Imagine appearing in court and seeing Phnom Penh Post journalists taking notes. Lots of notes. And then you discover the following day, in the days to come, that the Post has published no story at all. How would you feel? What would you think? Would you feel inclined to speculate as to why the Post remained diplomatically silent?

I will, in the next 24 hours, remove all references on my blog to the false allegations made against you so that there is no possibility that these may be found by anyone through a google search; such that there is no chance that you may, at some point in the future, find yourself in precisely the same position as Liam Miller.

I trust that you will extend the same courtesy to Liam Miller.

best wishes

James Ricketson