Monday, July 8, 2013

for Mr Lao Lin, ‘Anti Human Trafficking and Juvenile Protection Department’, Ministry of Interior


Mr Lao Lin
‘Anti Human Trafficking and Juvenile Protection Department’
Ministry of Interior
#275 Preah Norodom Boulevard
Khan Chamkar Morn
Phom Penh
Cambodia

17th May 2013

Dear Lao Lin
It was good to meet you on Thursday 9th May, though frustrating for me that the interviewing policeman did not, in my view, ask any of the questions that would have furthered this investigation. On the two occasion when I tried to tell him about the events surrounding the removal of Rosa and Chita (which I filmed at the time) he cut me off. He was not interested. And, when I did try to say anything at all about Citipointe he made no notes.
You will, perhaps, appreciate my frustration at having failed, for close to five years now, to get Rosa and Chita returned to the care of their family – only to find, on travelling to Cambodia specifically to talk to the police, that the interviewing policeman was more interested in how much money I paid for a bicycle in 1998 than in what happened in July, and August 2008 – recorded by me in forensic detail. The investigating officer conducting the interview was more interested in Citipointe’s complaint about me than in collecting evidence in relation to this investigation.
I never did find out what the nature of Citipointe’s complaint about me but it was easy to read between the lines of your investigating officers;’ questions. Had I ever been arrested? Did I have a criminal record? Had I ever been alone with Rosa and Chita? How much money had I spent on the girls? Did I want to take them to Australia? Clearly, Citipointe, in its desperation, is playing the ‘pedophile card’. My interest in this family must, in the distorted world view of these Christians, be motivated by my base desires! Really, Lao Lin, if I was a pedophile and wanted to have my wicked way with children there are much easier ways of going about this than helping a poor family for 18 years. The easiest way would be to start up an NGO for ‘orphans’  or ‘victims of human trafficking’. One thing is certain. MOSAVY would not apply any checks to see if the NGO was bona fide; to see whether the ‘orphans’ were in fact without mother and father; to see whether the ‘victims of human trafficking’ were in fact victims and not merely the daughters of poor parents who had been tricked into signing, with their thumb prints, a document that they are then told gives total control of the girls over to the NGO. This is what Citipointe did on 31st July 2008 when the church got Chanti and her mother, Vanna, to put their thumb prints on a fraudulent ‘contract’. Your interviewing officer admitted on Thursday that this is not a legal document. So, Citipointe had no legal right to be holding Rosa and Chita in August 2008 contrary to the express wishes of their parents – unless, that is, Citipointe had already entered into an agreement with the Ministry of Foreign Affairs (or any other Cambodian government department) to hold the girls against their parents’ wishes.
I am not trained as a policeman but I am also not stupid. The obvious next step (obvious since August 2008) is to request of Citipointe that it immediately produce whatever agreements the church had entered into between 31st July 2008 and 11th August 2008 with any Cambodian department that gave Pastor Leigh Ramsay, Rebecca Brewer and Helen Shields the legal right to retain Rosa and Chita against the wishes of their parents. If Citipointe cannot supply documentary evidence of the legality of its action the church it is guilty of breaching Article 8 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 of Cambodia’s ‘Law on Suppression of Human Trafficking and Sexual Exploitation’ makes quite clear what the punishment for such an offence is:

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.

Citipointe’s ‘version’ of events and my ‘version’ of events leading up to and surrounding the removal of Rosa and Chita may well be useful as background information but in terms of an investigation the most (I am tempted to say ‘only’) fact of any relevant is whether Citipointe’s maintenance of custody of Rosa and Chita through the second half of 2008 and for most of 2009 was lawful or not. The continued reference to ‘versions’ and ‘points of view’ are of little consequence when there is hard evidence available. That Citipointe induced Chanti and her mother (but not, for some reason, Rosa and Chita’s father, Chhork) to sign a ‘contract’ on 31st July 2008 is an indisputable fact. That Rosa and Chita were held in the custody of Citipointe church in August 2008 is an indisputable fact.  That the 31st July ‘contract’ is not a legal document is a fact. These three facts are unaffected by either Citipointe’s ‘version’ or my ‘version’ of events. My ‘point of view’ is irrelevant here.

These three facts point very strongly towards Citipointe being guilty, on 31st.July 2008, of using deception to the ‘unlawful removal of a minor…by means of deception, abuse of power or enticement.’

The three indisputable facts that are strongly suggestive of Citipointe’s guilt can, of course, be countered by the church’s producing documentary evidence that it had a legal right, in accordance with Cambodian law, to take custody of Rosa and Chita on 31`st July regardless of the wishes of the girls’ parents; that the church had a legal right to tell Chanti and myself, on 11th August 2008, that Rosa and Chita would remain in the custody of the church until they were 18. It seems that no-one is interested in asking Citipointe to prove the legality of its actions on 31st July 2008x – not MOSAVY, not Chab Dai, not LICADHO, not the Australian Embassy and not, to date anyway, the ‘Anti Human Trafficking and Juvenile Protection Department’.

Your investigating officer on Thursday 9th May was interested only in collecting a whole lot of irrelevant data that bears little or no relationship to the matter in hand. Whether this was incompetence on his part of if there is another reason I will not conjecture here. Either way, if the ‘Anti Human Trafficking and Juvenile Protection Department’ is serious about its investigation I fail to see how you cannot ask Citipointe to produce the documentation that demonstrates the legality of its actions. And copies of this documentation should be provided to Chanti and Chhork and to myself as their advocate – as I have been requesting since Nov 2008.

On 10th May I wrote yet another letter to Pastor Leigh Ramsay – the woman who was responsible back in mid 2008 for removing Rosa and Chita from their parents’ care  - a woman who lies with impunity (and this can be proven) and who has never kept one of the promises she has made to return Rosa and Chita to the family soon over the past close to five years. Leigh Ramsay has been able to breach Cambodian law because MOSAVY simply has not cared, this past five years, what foreign NGOs do with the children of poor parents. There are signs that there may be a change of heart within MOSAVY; that sham orphanages and ‘rescue homes’ for alleged ‘victims of Human Trafficking’ will be shut down. I certainly hope so for the sake of all the parents and relatives of children who are neither orphans nor victims but are merely the children of poor families that have been induced, by poverty and/or deception, into giving up their children to unscrupulous NGOs. These NGOs then present themselves to the world, to their donors, their sponsors, as the saviors of these children in order to raise money – little or none of which flows to the families and communities from which these children have been removed.

I have attached a copy of my latest letter to Leigh Ramsay, written on 10th May. I have also published it online along with other letters I have written this past few years in an attempt to get Rosa and Chita returned to the care of their family:


One of the frustrating aspects of Thursday 9th May’s interview was the continual reference made by the investigating officer to Rosa and Chita as ‘victims’. They are not and never have been victims of human trafficking.  In mid 2008 they were merely the daughters of poor parents who asked for and were offered short term assistance by Citipointe whilst in the midst of a financial crisis. This crisis had passed by November 2008 but, when Chanti and Chhork asked for their daughters to be returned, Citipointe church refused. And has refused ever since – despite many promises made to the parents that reintegration would happen soon.

I was filming the day that Citipointe was recruiting 'victims of human trafficking' in mid-2008.   My footage shows clearly that Citipointe was recruiting 'victims' by handing out food parcels to the children and their parents.

Other footage I shot in Nov 2008 shows Chanti and Chhork running two businesses down by the river: (1) A stall selling sinks and snacks to tourists and (2) a boat that the family both lived on and used as a second source of income. This footage also shows Chhork on the phone to Citipointe asking that his and Chanti's daughters be returned to them.

My footage also shows a conversation between Chanti and two other young women who lived down by the river about the fact that not one of the girls at the She Rescue Home in Nov 2008 was a ‘victim of human trafficking’; that all were the daughters of poor families who had, like Chanti, been made false promises and had their daughters removed from their care as a result of their applying their thumb prints to a document they could not read and did not understand.

My footage, had I had an opportunity to show it to the ‘Anti Human Trafficking and Juvenile Protection Department’ would, at the very least, have led to the realization that there were some important questions to ask of Citipointe. The opportunity to screen the footage never arose because the interviewing officer brought the interview to an end before he had managed to ask one relevant question. It was for this reason that I refused to sign the record of interview.

best wishes

James Ricketson

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