Tuesday, March 12, 2013

Is Citipointe church in breach of Cambodia's 'Law on Suppression of Human Trafficking and Sexual Exploitation'?


Leigh Ramsay
322 Wecker Road
Carindale
QLD 4152

13th. March 2013

Dear Leigh

Pastor Mulheran and yourself have declined my repeated invitations to present me with instances in which I have made factually incorrect statements in any of my letters and emails or on my blog.

You and Pastor Mulheran have declined my invitation to be interviewed for CHANTI’S WORLD so that Citipoint’s perspective vis a vis the church’s ongoing custody of Rosa and Srey Mal can be presented in my documentary.

Pastor Mulheran and yourself have refused Chanti’s many requests, made over a period of four years, that she be provided with copies of any contracts or agreements that Citipointe has entered into with Cambodia's Ministries of Foreign and Social Affairs that give the church the legal right to retain custody of the girls against ther express wishes of their parents.

Chanti has again requested that I ask you to return Rosa and Srey Mal to her care by Friday or be provided with a reason why, in writing, they cannot or will not be.

If Rosa and Chita have not been returned to the care of their family by Friday 15th March I will be writing to the Minister of Social Affairs with a request that Rebecca Brewer and yourself be charged with the unlawful removal of Rosa and Chita from the legal custody of their parents in August 2008 in accordance with Cambodia's:

Law on Suppression of Human Trafficking and Sexual Exploitation

Article 8:Definition of Unlawful Removal

The act of unlawful 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.

If the Minister declines to investigate this matter and/or insist that Chanti be provided with copies of any and all legal documents relating to the removal of her children from the family's care in 2008 I will write to Australia’s Attorney General, The Hon Mark Dreyfus QC MP, requesting that an investigation be conducted by the Australian Federal Police into the illegal removal of Rosa and Chita from their family in 2008. The relevant law is:

Crimes Legislation Amendment (Slavery, Slaverylike Conditions and People Trafficking) Bill 2012

Division 270—Slavery and slaverylike conditions

270.1A  Definitions for Division 270
                  
In this Division:

coercion includes coercion by any of the following:

                     (a)  force;
                     (b)  duress;
                     (c)  detention;
                     (d)  psychological oppression;
                     (e)  abuse of power;
                      (f)  taking advantage of a person’s vulnerability.

On the basis of the information I have at my disposal I believe that Citipointe is guilty of (c) detention, (d) psychological oppression, (d) abuse of power and (f) taking advantage of a person’s vulnerability.

Regardless of the outcome of either of these two legal initiatives I believe that there are strong grounds for the Ministry of Social Affairs to close Citipointe's She Rescue Home and for the girls within it to be placed in the care of organizations committed to helping disadvantaged girls within the context of family and community care and not in an institution in which a deliberate attempt is made to alienate the girls from their family, community, religion and culture.

best wishes

James Ricketson

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