Nate Thayer

Expat Returnees pose legal questions for the West By Nate Thayer

Expat Returnees pose legal questions for the West

Phnom Penh Post

Friday 10 March 1995

By Nate Thayer

Some come back for the best of reasons, some are "less than altruistic." Expat returnees are posing hard legal questions for their adopted homelands. Nate Thayer reports.

WHEN Sok Chenda Sophea returned to Cambodia in 1992 after nearly two decades in exile in France, he came with a vision of doing his part to help rebuild his shattered homeland. The 38 year old Chenda, now an under secretary of state for the Ministry of Tourism , cuts a sharp figure with his European tailored suits, fluent French and English, and university and professional background in advertising and tourism promotion. His government salary is the equivalent of US$27 a month.

Likewise, Samnang Siv, 39, quit her US$90,000 a year job working for a biotechnology firm in Massachusetts in the US in April 1994 and returned to Cambodia. Leaving behind her husband and 20 year old son, she now serves as an advisor to the Minister of Tourism, and, with fluency in three languages and her dynamic personality, has been instrumental in assisting foreign companies to come to Cambodia and invest.

"I have been given 40 liters of petrol for my car," she says, and no salary yet. "I just want to contribute my knowledge, my skills, and help my government. I think they need people like me."

In a country whose most decimated commodity after decades of warfare is it's human resources, Sok Chenda and Samnang Siv are exactly what Cambodia needs to get back on it's feet. And there are hundreds of Khmers like them who have brought back their technical expertise, leaving behind "the good life" for reasons that are explained in terms little more complicated than a patriotic commitment to their native lands. "I just want to help my country and people," says Chenda.

But along with the good has also come the bad. Cambodia is choc-a-bloc with scores of corrupt and rapacious ethnic Khmers, many holding foreign citizenship and passports, who have returned since the fall of communism and are now officials in the new government. According to many businessmen and other Cambodian officials, the ranks of government are filled with foreign citizens lining their pockets with kickbacks.

"Oh boy," says Chhang Song shaking his head, "We were puritans compared to these guys."

Chhang, a former Minister of Information in the notoriously corrupt, US-backed Lon Nol regime that fell to Pol Pot's Khmer Rouge in 1975, is an American citizen from Washington, DC who recently returned to serve as an advisor to the current government.

The recent phenomena of foreign citizens returning to participate in the rebuilding of their countries since the collapse of communism and the cold war has raised a new set of legal and other complexities for the mostly western governments that the returnees hail from. While Cambodia stands out as a particularly stark example, it is also increasingly common in Eastern Europe, the former Soviet Union and the Baltic states.

A recent Prime Minister of Bosnia Herzogovina is an American. And in 1992, when an American citizen was chosen as defence minister of the newly independent Lithuania, the U.S. government forced him to make a choice between his passport or the job. A recent Foreign Minister in Armenia was also an American. A Wisconsin politician, Rudy Perpich, was considering accepting the post of Prime Minister of Croatia in 1991. But when U.S. authorities informed him they could not guarantee that he could maintain his American citizenship, he declined the position, according to U.S. diplomats.

But nothing compares to Cambodia. Senior officials who are citizens of foreign countries include the Queen, the First Prime Minister, the Ministers of Foreign Affairs, Interior, Education, Agriculture, Rural Development, Women's Affairs, Tourism, Information, and even Culture.

As well, the head of the powerful Cambodian Development Council, at least 30 members of Parliament, numerous provincial governors, secretaries and under secretaries of state, civil servants, ambassadors, and military generals hold foreign citizenships.

The bulk of these officials hold French, American, or Australian passports, but Canada, New Zealand, Japan, and Switzerland are also represented. Most fled on the heels of the communist victory in 1975 or through refugee camps on the Thai border set up after the Vietnamese invasion of Cambodia in late 1978.

"On the one hand we want to encourage them to come back to help reconstruct their country," says a US diplomat, "This is a good thing. But there are complications."

While American law states that a US citizen cannot take an oath of allegiance to a foreign government, the law is rarely enforced. "The policy has shifted over the years since the end of the cold war," said a US government lawyer familiar with the issue. "We now approach these on a case by case basis."

One reason, say diplomats from several governments, is that many of the senior officials in the newly emerging democracies would not return to help reconstruct their homeland if forced to give up their foreign citizenship. " The political situation remains unstable during the transition period in many of these countries. They fled for their lives to exile once before, and they want to keep that option open," said a Phnom Penh based diplomat.

A US government internal cable sent to all embassies in February offered instructions on how to deal with U.S. citizens serving foreign governments. It cited several "potentially expatriating acts" which include "joining another country's armed forces" or "taking an oath of allegiance to another government". Scores of Cambodian-Americans fit that bill. It also requires embassies, under section 349 of the US Immigration and Nationality Act of 1952 , to inform Washington of any "high level official in a foreign government in a policy making position" who is an American citizen.

But US diplomats say that the courts have now interpreted that Americans can serve in foreign governments as long as they had "no intent of relinquishing citizenship." In effect, it is largely up to the American citizens, according to current US government legal interpretation, whether they choose to give up their citizenship when they join the ranks of a foreign government.

Indeed, foreign governments find benefits in having their citizens in positions of influence. It does not hurt Australia, for instance, to have the Cambodian Foreign Minister hold Australian citizenship. Nor is it detrimental for Australia-which dominates the telecommunications industry in Cambodia-to have Australian citizens in charge of the Ministry of Post and Telecommunications.

The French, who have campaigned strongly for the reemergence of Francophone in Indochina, can only be pleased to have the Cambodian Minister of Culture a French citizen. And the Americans have used Cambodia's top cop, an American citizen, You Hokry who hails from Maryland and serves as minister of interior, to get US citizens in a pickle extra attention.

But there are numerous potential minefields in this new post cold war phenomena. It is well known that many Cambodian government officials who hold dual nationalities are lining their pockets with kickbacks, and their reasons for returning to Cambodia may be less than altruistic. Some Cambodian officials believe that many are here to cash in and have little interest in remaining in Cambodia.

But if they are US citizens, they must file US taxes. "The law is clear. You must declare all your income, whether illegal or legal," said a spokesman for the United States Internal Revenue Service. The US tax laws are often used to collar bad guys involved in more difficult-to-prove criminal activities, such as drug running. As an example the IRS spokesman cited Al Capone, the famous US gangster of the 1930's, who was ultimately jailed for tax evasion. It is common practice for Cambodian government officials to receive kickbacks, and rumors abound of the millions of dollars being pocketed by various officials.

Current Finance Minister Kiet Chhon, estimated that lost revenues from corruption is about US$100 million a year-or more than one-third of internally generated revenue.

"It is shameful," he said.

Senior government ministers privately grouse about a number of their colleagues who are on the take. One example is over a recent US$1.3 billion contract awarded to a little known Malaysian firm, Ariston, for gambling casinos and related development projects in the seaside resort of Sihanoukville. Two senior government officials say they have "proof" that another senior government official-who holds an American passport-received a US$10 million kickback for awarding the contract to Ariston. They say that other companies, including the American hotel firm Hyatt, who bid for the contract "never had a chance" and the corrupt process did "immeasurable damage to our reputation among investors."

Former Finance Minister Sam Rainsy, sacked last fall, and the country's most aggressive anti-graft fighter, said on March 2: " I have spoken with one of the other bidders which did not win the contract...They have been asked ten million dollars in cash. They (were told ) that 'if you give us 10 million US dollars the contract is for you.'" Senior government sources say the official who received the kickback is an American citizen and the company in question which was denied the contract was an American firm. American companies are prohibited by American law from paying bribes to foreign governments, but it is unclear whether American citizens working for foreign governments can receive them without breaking American law.

"In the last few months, the Royal Government of Cambodia has signed a number of contracts with foreign private companies in circumstances which are, to say the least, dubious. These dubious contracts are seriously harmful to the country, the administration of which has become more chaotic and less transparent," said Rainsy. He himself is a French citizen, an elected Member of Parliament, and regularly rates as one of the Kingdom's most popular politicians in public opinion polls.

Furthermore, it remains untested, say legal experts, whether foreign nationals holding senior government portfolios could be charged under criminal and civil laws that apply to the country they hold citizenship in. Of particular concern could be such positions as Minister of Interior or senior officers in the Ministry of Defence who hold American or other passports and ultimately are responsible for the conduct of their subordinates, human rights lawyers point out.

In Cambodia, both the police and military have been repeatedly implicated in human rights abuses including torture and murder in recent years. Rarely, despite cases with overwhelming evidence, are the offenders arrested or prosecuted. The U.S. Torture Victims Protection Act does allow for American authorities to prosecute American or other citizens implicated in torture overseas.

Amnesty International, in a report to be released on 14 March, a copy of which has been obtained by the Post said "members of the armed forces and police are able to impose their will on the civilian population with impunity, committing acts of violence including deliberate and arbitrary killings and extra judicial executions....the Cambodian authorities appear to lack the political will and ability to bring these violators to justice." The report, and an earlier one released by the United Nations Center for Human Rights, cite numerous cases of torture, including military officers involved in eating the livers and gall bladders of their prisoners, and cutting off the heads of prisoners who are alive and under interrogation. The government has, to date, refused to arrest the officers involved.

"Theoretically, they could be charged with, say, conspiracy to obstruct justice," said one human rights lawyer, citing superior officers - who hold foreign citizenship - of subordinates involved in torture. The Cambodian Co-Minister of Interior and scores of senior officers in both the national police apparatus and the military hold US passports.

But "There would have to be some act committed on American soil," insisted a US government lawyer responsible for analyzing such issues. "In general, U.S. law does not follow them around."

But Cambodia's reputation for political thuggery has even spilled over to American soil. Last year, a Cambodian general-an American citizen- was back in California and allegedly threatened a California-based, Khmer language newspaper editor with arrest and death if he returned to Cambodia because of articles critical of the new government, according to complaints filed with U.S. authorities by the newspaper.

U.S. government sources say the general was back in the U.S. to take care of his annual tax obligations, when he read the articles that offended him.

And last month, when an American relief worker in a remote province suffered a heart attack, an official of the Civil Aviation Authority refused to allow an emergency medical airplane run by a non-profit Christian relief organization to take off from Phnom Penh until "fees" were paid. The Civil Aviation official is an American citizen. Could an American citizen be charged with relevant criminal or civil complaints-such as extortion-committed against another American citizen, even though the criminal act was committed on foreign soil? Such questions are largely, so far, in uncharted territory.

"To tell you the truth, we don't like to talk about it. It's a headache," said one American diplomat.

Frantic calls from Regent's Rm 406-Cambodian coup 1994 By Nate Thayer

Frantic calls from Regent's Rm 406

Phnom Penh Post

By Nate Thayer

Friday, 15 July 1994

The Post's Nate Thayer describes how he shared Prince Chakrapong's final hours in Cambodia after receiving a dramatic 6:30 am phone call.

Loyalist troops had taken positions throughout the capital on the night of July 2 as rumors swept the city that a coup attempt was imminent. Heavily armed soldiers were positioned outside the homes of government leaders and military installations by dark, and the children of senior officials were ordered to stay out of the city nightclubs.

Officials confirmed "there will be trouble tonight" and spoke of a coup attempt.

At 3:00 am government forces surrounded the houses of the alleged putsch leaders, who they named as former Interior Minister Sin Song and former Deputy Prime Minister Prince Norodom Chakrapong.

Their houses were invaded, and weapons and communication equipment seized. Sin Song was arrested and allegedly confessed to his role in launching a coup. Chakrapong had fled his house hours before security forces arrived.

At 6:30 am a call to this reporter said "call this number" and hung up. A jittery voice answered after I dialed the mobile phone. "This is Prince Chakrapong. Please, please help me," he said in a frightened broken whisper, "Come right away to the Regent hotel. They have surrounded me. They are trying to kill me."

In the 20 minutes it took for me to arrive, the Prince called me seven times begging for me to come quickly. "I am alone. Please, before they kill me, come now. Call the American Embassy and tell them my life is in danger."

He was obviously hoping that a foreign presence might prevent the security forces from harming him.

Government troops and security forces armed with machine guns, rocket launchers, and carrying walkie talkies were positioned on the street corners and entrance ways around the hotel near Monivong Boulevard when I arrived on the otherwise quiet early Sunday morning. But no one tried to stop me, probably thinking I was a hotel guest.

Inside, hotel workers, white with fear, stared blankly in response to my inquiry of where the alleged coup leader was staying. But maids hovering in an upstairs hallway, opened Room 401.

A disheveled, barefoot, and petrified son of King Sihanouk was found emerging from a crawl space above the ceiling of his hotel room, begging for help.

"Please, they are trying to arrest me. They will kill me. I am innocent. Please tell the American Ambassador to come right away. I need protection," the wide-eyed Prince said, near tears, and jittery from lack of sleep. He was alone. The bed was still made, and the curtains were drawn. A ceiling panel was removed revealing a small dark crawl space. A chair was under it to allow one to climb up. He said troops had been surrounding him since 3:00 am.

"I hear the rumor that I plan to make a coup d'etat. I am innocent. I have nothing in my hands. I have no political influence now. I have no troops," he said. "Please don't leave me."

So began a four-and-a-half-hour drama that, after scores of frantic phone calls and negotiations, ended with the Prince being whisked to the airport by military escort and forcibly exiled via a scheduled Malaysia Airlines flight to Kuala Lumpur.

Frightened hotel staff hovered in hallways and peeked out of rooms in the otherwise completely silent hotel.

Realizing that there was no press or diplomats aware of the developments, and I was alone with a hunted, hated alleged coup plotter. Surrounded by troops clearly prepared to invade, I opted to rent my own room down the hall, with a better view of the troops, street, and hotel entrance way.

I went downstairs to the front desk asked for Room 406 and handed over cash. The desk clerk stared with a furrowed brow look of fear and alarm, said nothing, and handed me the key.

I thought that it might diminish the incentive of the troops outside to act precipitously if I was in a room rented under my own name, and buy time to interview the Prince. The Prince thought it was a great idea and came over to Room 406.

I made a quiet call to senior government contacts and diplomats informing them of the situation, hoping that they would get the message to the troops downstairs - quickly.

My phone rang a few minutes later, saying that Co-Prime Minister Ranariddh was aware I was with the man who allegedly was trying to topple his government and assassinate top officials.

The three mobile phones in my room rang constantly. More than 40 calls came in within the first two hours, as Chakrapong desperately tried to delay the troops from arresting him, and attempted to convince US Ambassador Charles Twining to give him political asylum.

Chakrapong repeatedly denied to me that he was involved in any coup attempt, cursed the leaders of the government, begged for my help and asked me not to leave him if the troops invaded.

He fielded phone calls constantly on his two phones, often listening silently and hanging up, speaking in English, French, and Khmer.

King Norodom Sihanouk rang from Beijing. "I am alright Papa, but the situation is bad. They have surrounded me," he said at one point.

As more calls came in he broke down and again moist-eyed. He looked dejected as Queen Norodom Monineath Sihanouk kept him up to date from Beijing with the state of her negotiations with government leaders over allowing him exile.

"It is not the Queen, but as my parents. It is not politics, it is as a son," he told me when asked whether King Sihanouk and Queen Monineath supported him.

For the first two hours, he was in fear of his life, convinced that if arrested he would be killed.

"They tell me that if we criticize the government, we are serving the interests of the Khmer Rouge. If I am arrested, the embassies must stay with me, to keep looking for me. Please don't let them take me anywhere. Please don't leave me alone," he said to me.

The Prince asked me to contact the US Embassy to request political asylum. I give him the mobile telephone number of the US Ambassador Charles Twining. He calls and Twining is put on the phone. "I ask your protection, your excellency. It is a human right. If you don't come to protect me I prefer not to go outside. I prefer to die here. I will stay here in the room. How can I trust them if they bring me somewhere?", he says to Twining.

Prince Chakrapong's face shows that the American Ambassadors response is not positive. "Please your excellency, if they bring me outside, if they arrest me, they will kill me."

Chakrapong hung up from Twining and went to look outside. The street was quiet save for troops standing guard. "Twining says 'you are not an American citizen, we cannot help you,' " he said.

"They say this is a liberal democracy," staring from behind the curtain down at the soldiers, "They are silencing all opposition now. We will all be accused of serving the interests of the Khmer Rouge. The whole world must know that this regime accuses me without proof. If the free world helps this regime it is the end of democracy."

Another American diplomat called my phone: "Tell Chakrapong he is not a US citizen. As long as the government proceeds in a legal fashion regarding his human rights, there is nothing we can do to interfere in a sovereign government."

But the American message of rejection of official protection was clear.

Crying young hotel maids burst into the room at one point: "The soldiers are coming. They are inside now."

A disheveled Prince - barefoot, shirt unbuttoned, sleepless, and dejected-began to put on his shoes. He handed me his wallet and mobile telephones and asked me to give them to his daughters. "Please make sure my daughters are alright. The soldiers invaded my house last night and they were there."

But the soldiers didn't come in. And the phones rang incessantly, sometimes three at the same time. At one point, Chakrapong had King Sihanouk on the line in one hand, and Twining on the other.

The Queen was still negotiating for safe passage out of the country.

Finally Prime Minister Ranariddh - Chakrapong's nemesis and half brother - agreed to allow the Prince to leave the country. "If I am allowed to join my family in Malaysia, I will accept," he said at one point.

By 10 am we saw Twining, other diplomats, and press begin to gather on the street, to the great relief of the Prince.

"I have given ten years of my life for my country for nothing. They are looking for a plane for me," he said after hanging up from a call from the queen.

"I want you to tell them I am innocent. I am a military man. I know how to make a coup. Now, I have no power and no forces. How can I make a coup? If I was to do something would I stay here in Phnom Penh?

"I left last night with no bodyguards to come to the hotel because I felt something was wrong. Like when I was in the jungle. I knew on the battlefield when something bad would happen. But I was not afraid because I was innocent."

The military called from downstairs to say that the troops were coming to our room now and that the Prince would be allowed to leave the country.

He turned to me: "Please do not leave me. I will only leave if you go with me to the airport in the same car. They may not take me to the airport."

There was a strong knock on the door and I went to open it. A score of heavily armed soldiers and security police waited in the hallway as Twining and Co-Minister of Interior You Hockry entered alone. The four of us sat down.

Hockry asked me to leave. Prince Chakrapong asked that I stay. I said nothing.

"We will promise your safety to the airport. I promise there will be no guns on the plane. The best thing for us it to bring you safely to the airport," Hokry told the Prince.

Men were sent to get passports and luggage at Chakrapong's house. A Malaysian Airlines plane was held on the tarmac at Pochentong as Chakrapong was assured that he would be allowed to safely leave the country.

The behavior of several Ministry of Interior police, who were poised to arrest the Prince until minutes before, now went through a bizarre somersault. They entered the room crouched on their knees and hands clasped to their heads in deference to Royalty as they went about their business preparing to send him to exile.

The Interior Minister said that Chakrapong's alleged collaborator, Sin Song, had confessed. "I think that one or two people cannot do this kind of thing. There will be more arrests," he said. Chakrapong stared blankly, with a mixed expression of anger and fear.

At one point, while, we waited for the motorcade and luggage downstairs, Twining turned to Hockry.

"I just remembered, there will be a fireworks display this afternoon at the fourth of July celebration," he said, suddenly realizing that, as a jittery city emerged from an attempted coup, explosions in the city might not be timely.

"Do you have authorization?" the Minister shot back to the Ambassador, with an alarmed look on his face.

When the mobile phone rang to say that the motorcade of troops was ready, we left the room to walk to the street. Hotel staff and soldiers clasped their hands and knelt in respect as Chakrapong was led by a bevy of sunglassed, automatic weapon-toting officials through a throng of cameras waiting on the street.

Shoved into a sleek Toyota with black tinted windows, we were whisked to the airport in a convoy of a score of cars, including one with Twining. Streets were blocked off and hundreds of people lined them to watch the motorcade pass. The plane was waiting at the airport, full of curious passengers, as Chakrapong was whisked on board and the flight departed.

He called several hours later from Malaysia saying: " I want to thank you sincerely for saving my life. They would have killed me if you had not come. I am innocent. I was not involved in anything. Tell them I am innocent."

Security jitters while PMs away--Nate Thayer

Security jitters while PMs away
By Nate Thayer

(Note: The Phnom Penh Post, and its Publisher and Editor-in-Chief Michael Hayes, at a news conference held by the Cambodian Minister of Information Khieu Khanharith, was informed that a criminal complaint was filed against the Post and Hayes personally for the publication of the below article.  Khanharith said the case was filed by both Prime Ministers and the charges were “disseminating disinformation” and “creating political instability”. After a substantial international reaction, the government never pursued the charges.)

Phnom Penh Post

Mar 24 - April 6, 1995

        The absence of much of the country's leadership while attending
ICORC in Paris earlier this month set off a chain of events reflecting the
deep distrust dividing the three primary factions within the government and
official jitters about activities of critics outside of the government.
        While life in the city remained normal and serene on the surface,
behind the scenes various political power blocs were on the alert for
perceived enemies.  Rumors of possible demonstrations, coup attempts,
prison breakouts and palace intrigue swept government military and
intelligence circles in the absence of the two prime ministers.
        Second Prime Minister Hun Sen left Cambodia to join First Prime
Minister Ranariddh in Paris on Mar 10, making it the first time since last
August that both prime ministers had been absent from the country at the
same time.
        Last August, the two prime ministers insisted at the last minute
that Co-Deputy Prime Minister and Interior Minister Sar Kheng accompany
them on their state visit to Malaysia, afraid to leave him in Phnom Penh,
according to government and diplomatic sources.  In his capacity as
co-deputy prime minister, Sar Kheng shares the role of head of government
with Co-Deputy Prime Minister Ieng Kiet in the absence of the prime
ministers.
        But this time, the prime ministers neglected to sign the documents
formally transferring authority in their absence.  Diplomats and government
sources say that for 24 hours until Mar 11 there was no one formally in
power in Cambodia until the leaders were tracked down in France and
convinced to sign the papers.  Meanwhile, Hun Sen ordered his secret police
to monitor closely the telephone conversations, movements and meetings of
Sar Kheng while the second prime minister was overseas, according to senior
govenment sources.
        On Saturday, Mar 11, Sar Kheng dispatched "several hundred"
security personnel on high alert to monitor "unusual movements around the
city by military [personnel and] because of rumors of demonstrations or
coup attempts," according to sources close to him.
        In separate events, the military was put on alert and large numbers
of troops were dispatched by different political leaders--often without
informing or coordinating with each other--in preparations to put down
possible disturbances.
        Co-Defense Minister Tea Chamrath on Mar 22 denied that there was
any unusual military activity.  "There are no troop movements, everything
is normal," he told the POST, saying that there was no increased state of
alert. But several other senior officers confirmed a "state of alert,
precautionary measures because of rumors of demonstrations."
        Sar Kheng was not informed of hundreds of provincial based forces
loyal to Hun Sen who were secretly brought in from the provinces on Sunday,
Mar 12 and remained stationed at press time on key roads on the outskirts
of Phnom Penh waiting for orders to enter the city in case of disturbances.

        "We were ordered to come here to protect against a possible coup
attempt by the CPP," said one soldier interviewed by the POST in a
frightened whisper,saying his commander had ordered absolute secrecy of
their mission.  His unit of 300 was brought from Kompong Cham and stationed
at a pagoda 12 kilometers north of Phnom Penh in Bak Kheng village.  "We
were told that if nothing happens in two weeks we wil go back, but there
might be another time."
        As well, 300 "special troops" brought in from Kampot are located on
Route 3 on the outskirts of Phnom Penh for similar purposes, said a senior
military general, "They are the troops of the second prime minister," he
said.  Other similar strike forces are located on other major routes
entering the city, say military and diplomatic sources, but no clear figure
of exactly how many could be confirmed.
        Senior Hun Sen loyalists in the military insist they had strong
evidence that a demonstration was scheduled for Thursday, Mar 16 by
"military personnel, intellectuals, and students.  Their slogans were the
necessity of national reconciliation, support the King, and oppose
corruption," according to a senior diplomat with close ties to the CPP.
Hun Sen loyalists inside the military assured diplomats:  "The CPP is fully
aware of the situation and it is completely under control.  Nothing will
happen."
        "We were told there was a plan for demonstrations or coups against
the government so that is why there are troop movements," said a perplexed
senior diplomat, "but maybe the main reason is simple distrust among the
factions in the leadership."
        On Tuesday, Mar 14, CPP strongman Chea Sim requested an audience
with the King and informed him of possible coup attempts in the making.
One source quoted Chea Sim as telling King Sihanouk, "According to the
rumor there will be a coup and this coup will come from the Royal Palace.
But, of course, we don't believe you are involved."
        Said a diplomat close to the CPP: "The meaning of Chea Sim's visit
to King Sihanouk was:  'If you [should] dare do something, the reaction
will be very strong.' "
        Within 48 hours Sihanouk abruptly announced that he would be
departing for Beijing for medical reasons, citing test results from doctors
at the Pasteur Institute that required follow up by Chinese doctors.  But
sources close to the King acknowledge that "The King is not happy that
people are using his name.  he is accused of joining Sam Rainsy or Son Sann
or trying to make a coup.  He doesn't want to be forced to be involved or
be seen as a mastermind."  The King departed for Beijing Mar 22.
        At the same time, rumors of an attempted prison breakout of
convicted coup plotter Sin Sen from Phnom Penh's T-3 jail led to secret
police cordoning off the jail on Mar 16 and reinforcements sent to beef up
prison security, ordered by Funcinpec Co-Minister of Interior You Hokry.
Sources close to Sar Kheng say that he was not informed of the security
reinforcements at T-3 until afterwards.  "You Hokry ordered Funcinpec men
to be on alert," said a senior govenrment source close to You Hokry, "He
does not trust Sar Kheng or Hun Sen--so he ordered his own troops to be on
alert, not just T-3 but all over the city.  You Hokry has no confidence in
anyone, that is clear."
        According to sources close to You Hokry, he received intelligence
around Mar 13 that guards at T-3 were "preparing to look the other way" as
an attempt would be made to breakout Sin Sen.  You Hokry dispatched 40
additional plain clothes guards on Mar 16, bringing to a total of 90 the
number of guards at the prison by the end of the week.  Roads around T-3
were blocked to traffic, and undercover security patrols remained heavy at
press time.  All visits to Sin Sen by family and doctors were suspended ,
according to prison officials.  You Hokry acknowledged the increased
security at T-3, when contacted by the POST on Mar 22, but deemed it a
"routine precaution; it is normal,"  he said.
        The last time Hun Sen was in Paris in August for medical treatment,
accused Sin Sen coup collaborator Sin Song escaped from prison under
circumstances that strongly suggest official assistance from sectors of the
government, government and diplomatic sources agree.
        The backdrop to all these high level official jitters are persistent intelligence reports that there may be further disturbances,including Khmer Rouge terrorist attacks, in Phnom Penh around the Khmer New Year and 20th anniversary of the Khmer Rouge victory in
mid-april.   Rumors of secretly planned demonstrations that openly confront
the government and call for a return to power of the king abound.
        Government intelligence sources say they have firm evidence that
the Khmer Rouge have infiltrated explosives and special units into Phnom
Penh in recent weeks for such a purpose. "We know that the Khmer Rouge have
smuggled at least two 107 rockets from Kompong Thom, but we lost track of
them outside of Phnom Penh.  We do not know where they are now," said a
senior government official.
        One hundred seven mm rocket launchers are a portable weapon with a
firing range of seven kilometers, and officials fear that the rebels may
fire them into the city, according to sources.
        But even many of the senior government sources say that in fact
there is little hard evidence that disturbances are planned.  "The one
thing that is sure is that nobody trusts each other.  That is very clear,"
said one senior government official.
        Other officials say that the insistence that antigovernment
activity is imminent may be just pretext to use to crackdown on dissent
within the government which has greatly angered senior officials in recent
months.  'It's like they're preparing public opinion," said an official in
reference to official intelligence of demonstrations of khmer Rouge
terrorism.  "These rumors of manifestations ["demonstrations"]  are mainly rumors with no substance when you look behind each one.  They may be creating an atmosphere to use as a pretext to crackdown."  He cited the constitutional allowance for the prime ministers
to "declare a state of emergency" in the case of civil unrest.
        Human rights officials say that the prime ministers' call to shut
down the UN Centre for Human Rights, the numerous censures of opposition
press in recent months, and the legal preparations by the government to
charge maverick MP Sam Rainsy with what ammounts to treason, are the
beginning of an official effort to put an end to criticism of the
government that leaders say undermines its image at home and abroad as a
democratic country.
        On the night of Mar 22, 15 armed men from the government's
Bodyguard Protection Unit came to Rainsy's house and ordered Rainsy's
bodyguards to return to their barracks.  Interior Minister You Hokry
confirmed later that night that the move was an official order.  "It is not
the job of the government to protect MPs," he said.
        The bodyguards were the same personnel who had protected Rainsy
before he was sacked last September as finance minister.  Senior government
officials say it is part of an officially sanctioned campaign of
intimidation that has been ordered by senior officials to begin against
Rainsy with the objective of frightening him to silence his criticism or
leave the country.  "There will be a show of force.  Rainsy is in big
trouble, real danger," said the official, with close ties to the government
security apparatus.  "They will at first only try to frighten him and his
wife.  But they will do whatever is necessary to stop him in the end."
        The official said that the strategy, led by the second Prime
Minister Hun Sen, is based on the theory that if Rainsy is allowed to
succeed in his criticism it may give ammunition to other government
critics, many now frightened into silence, to speak out.  "If Rainsy is
allowed to win, other MPs could view him as a martyr. Then other voices
will be raised.  It is unacceptable to allow the National Assembly to
become a real democratic institution.  The two PMs must maintain control
over the National Assembly [and] not allow it to be an independent force."

        Prime Minister Ranariddh said last week, "I am sorry Sam Rainsy was
finance minister.  I am sorry he is in Funcinpec.  I am sorry he is a
Khmer."