From the Australian Federal Police regarding the illegal removal of Rosa and Chita from the care of their parents (Chanti and Chhork) by Citipointe church in July 2008

4th July 2013

Dear Mr Ricketson

REQUEST FOR INVESTIGATION INTO ALLEGED BREACHES OF SECTION 270 AND 271 OF THE AUSTRALIAN CRIMINAL CODE OF 1995

I refer to your correspondence to the Australian Federal Police (AFP) dated 12^th April 2013 and 20^th May 2013, requesting investigation of the alleged illegal removal of two children – Rosa and Chita (Srey Mal) from their parents Yem Chanthy and Both Chhork in Phnom Penh, Cambodia during July 2008.

In your correspondence you alleged that Citipointe church acted illegally in the removal of the children from their parents and the placing of them into the care of the ‘Ashe Rescue Home’. You suggested that Citipointe church has breached sections 270 and 271 of the Australian Criminal Code Act of 1995 (criminal Code 1995) as well as other local Cambodian offences.

This matter was evaluated and assessed by the Sydney Office Operations Committee on 6^th June 2013. The AFP has limited powers to investigate these allegations as the events described in your correspondence occurred in Cambodia. Under Section 271 of the Criminal Code 1995 the AFP has jurisdiction to investigate allegations of human trafficking related to persons moving between Australia and another country, however this jurisdiction does not allow for the investigation of matters where the alleged conduct occurred entirely within another country.

Section 270.3 of the Criminal Code 1995 relates to offenses of possessing a slave and/or engaging in slave trading and ‘applies to conduct whether within or outside Australia.’ While the AFP has jurisdiction to investigate allegations of Australians participating in slavery in foreign countries, based on the information  contained in your correspondence, the allegations against SHE Rescue Home do not meet the required elements of the slavery offenses under Australian law.

The AFP is the primary law enforcement agency responsible for investigating crimes against the Commonwealth of Australia. However, the number of offenses referred to the AFP exceeds our capacity to investigate them. In order to prioritize referrals the AFP utilize a Case Categorization and Prioritization model (CCPM) which is available on our website at www.afp.gov.au. From the information provided in your correspondence it appears that no commonwealth offences have been disclosed and the AFP will not be investigating this matter further.

As the alleged conduct occurred wholly within Cambodia, the appropriate body to address your concerns is the Royal Government of Cambodia, in particular the Ministry of Social Affairs, Veterans and Youth Rehabilitation, which has responsibility for child welfare matters.

Any concerns you have regarding Australian-run Non Government Organizations (NGOs) working in Cambodia should be addressed to the Cambodian Ministry of Foreign Affairs and International  Cooperation which has responsibility for registering international NGOs operating in Cambodia.

You may also wish to contact the Australian NGO SISHA (South East Asia Investigations into Social and Humanitarian Activities) which works with local police in Cambodia to investigate cases of human trafficking and exploitation.

 Should you wish to provide further information or discuss this matter, I am contactable on (02) 92864000

Scott Sykes

Coordinator

Corporate Services

Sydney office