1997 Investigation Hampered by Authorities: FBI

Men Kimseng, VOA Khmer | Washington

When the FBI conducted an investigation into the 1997 grenade attack on an opposition rally, the agency found improper conduct by Cambodian authorities, according to a report obtained by VOA Khmer.

The March 1997 attack killed 16 people and wounded at least 150 more, after unknown assailants tossed four grenades into a rally led by Sam Rainsy. An American was wounded in the attack, prompting an FBI investigation.

The opposition leader and groups like Human Rights Watch have long blamed security forces loyal to Hun Sen, the co-prime minister, for the attack, a claim Hun Sen and his representatives deny.

In a report written after the investigation, the FBI said witnesses had been intimidated and were reluctant to talk with Cambodian authorities. One interview subject, codenamed Fingerprint Number One, was photographed by a Cambodian intelligence agent without permission, the FBI reported.

This angered at least one FBI agent, who threatened to end the investigation altogether, according to the report, obtained by VOA Khmer through a Freedom of Information request. More than 1,200 pages of the report were released to VOA Khmer under the request.

The FBI was then forced to re-interview some witnesses outside the presence of Cambodian authorities, according to the report. Witnesses were relieved to speak to FBI agents alone, the report said.

The FBI reported witnesses who said that bodyguards of Hun Sen were deployed to the rally. Witnesses also told the FBI police prevented bystanders from helping victims of the explosions, threatening to shoot them. Other witnesses said police shot at people who tried to help and shot at some demonstrators as they fled the scene, according to the report.

Human Rights Watch said in 2009 the deployment of the bodyguard unit was a first for such a demonstration.

“The elite military unit, in full riot gear, not only failed to prevent the attack, but was seen by numerous witnesses opening up its lines to allow the grenade-throwers to escape and threatening to shoot people trying to pursuing the attackers,” the group said in a statement marking the anniversary of the attack.

Such accounts are disputed by Cambodian police officials.

In a recent interview with VOA Khmer, Khieu Sopheak, spokesman for the Ministry of Interior, said no government would want its citizens to die. During the FBI investigation, he said, he had acted as liaison and translator.

“I didn’t see any attempt to prevent anything,” he said. “If the FBI wished to interview anyone, the government would allow the person to come and answer. I was there. I didn’t see any intentions of hiding anything.”

But Ron Abney, the American wounded in the attack, blames the government for the attack. He brought suit against Hun Sen in a New York court in September 2010, accusing the premier of obstructing justice in the FBI investigation.

“How would you like to live in a country where the president or the prime minister can get away with murder,” he said in an interview. “That’s what we’re facing.”

More than 14 years have passed since the attack. Continued pursuit of the case comes as Sam Rainsy remains in exile, facing at least 12 years in prison for charges related to a border demonstration near Vietnam in 2009.

Morton Sklar, the attorney for Abney’s complaint, said it was not made with the intent of helping Sam Rainsy broker a political deal to return ahead of elections next year and the year following. The case is now in the hands of US prosecutors, he said.

He said the current culture of impunity and bias in the court system are fueled by a lack of punishment for crimes like the 1997 attack.

Government spokesman Phay Siphan said such statements do not square with Cambodian policy.

“We have reformed our judicial system, and the investigation of the case is still ongoing,” he said. “The grenade attack back then is in no way a basis for other crimes.”