When IBJ first met Makara in 2009, IBJ’s provincial lawyer in Pursat successfully defended him against a murder charge.  The prosecution appealed and as is usual practice, he remained in detention until an appeal date was assigned.  He felt betrayed by the justice system.  He was stressed because he knew he would have to spend a longer period of time in detention.  But he knew IBJ would continue to fight for his case.  IBJ’s appeal lawyer successfully re-investigated and provided witnesses to prove his innocence once again.  In late December 2012 the Appeal Court acquitted his case once again.

He was first detained in October 2008.  Today, 15 January 2013, after two hours in the scorching sun, we saw him walk out of prison a free man.  His comments were heartbreaking stating:

 “My head feels dizzy being a free man.  I have never been to Phnom Penh and it is so busy.  It is strange to be free and out of my cell. There has been so much change.”

Before his arrest he worked as a fisherman with his father providing for his parents and three siblings.  He had no idea of what a lawyer was and how they could help.  Amazingly a prison guard told him about IBJ, indicating the strength of the relationship IBJ’s Pursat office has with prisons in both Pursat and Kampong Chhnang.

During his time in detention he was allowed up to one or two hours outside of his cell that he shared with up to 100 prisoners.  He was given two very small portions of rice, and sometimes fish.  As is usual with Cambodian culture, he did not complain.  He accepted his fate and the injustice that was afforded to him.

This young man has spent an unnecessary four years in prison only to be acquitted a second time.  He is now 22 and his life is forever changed.  When asked what he would like to do in the future he stated that he wanted to become more literate.  So after purchasing some shoes, IBJ’s Project Officer bought some Khmer and English literary books.  Of all the books he chose the most inspiring was one titled “100 Ways To Motivate Others.”  This young man is an inspiration.

This Appeal Case was supported by UNOHCHR.

*Kate Flower is an Australian Volunteer for International Development (AVID), an AusAID and Australian government initiative. 

There were some shocking tales as well as some stories of hope. The youngest juvenile prisoner we met was a 14-year-old boy, Sophea. He had been in prison for over one month without the knowledge of his legal rights, or his right to a lawyer. What is most disturbing is the fact that, given his age, Sophea was likely sacrificed to the justice system to resolve a dispute between two families – a frighteningly common practice in Cambodia. Furthermore, under Cambodia law a trial cannot proceed for juvenile cases without a lawyer. Without IBJ’s intervention Sophea would have remained unrepresented and in detention for months, unable to attend school. It is likely that he would have only been appointed a lawyer at the final stage of the legal process, leaving very little opportunity to investigate the facts of the case or establish innocence. Without a lawyer Sophea’s case would be delayed, making him particularly vulnerable to excessive pre-trial detention. After our visit to the prison, Sophea now has been assigned a lawyer, a voice to advocate on his behalf and more importantly provide him with hope.

What was really special about the day was Karen’s energy that resulted in the most beautiful smiles and a room full of laughter. It was great to see the young boys return to their youthful playfulness and the women laughing and clapping. These moments of joy were a stark contrast to our surroundings. Vandeth’s hard work and Karen’s tenacity is an example of how IBJ provides hope. Their humbling but inspirational belief that we can and will succeed was shown in every smile and heard through every laugh. The impact and hope that IBJ brings to people lost in the darkest parts of the prison system was truly moving.

* Kate Flower is a volunteer with the Australian Youth Ambassadors for Development (AYAD) Program. The AYAD Program is part of Australian Volunteers for International Development, an Australian Government, AusAID initiative.

Karen Tse, IBJ’s founder and CEO, and Daniel R. Fung, Chair of the Board of Directors, travelled to Cambodia to meet with the IBJ staff to collaborate and improve skills.  On April 7, 2012 eight lawyers and five investigators met at the IBJ office in Phnom Penh.  The day was divided into three parts: blessing by the monks, defender skills training, and visioning for IBJ’s future in Cambodia.  Throughout the day there was a common theme – how can IBJ provide competent and comprehensive legal aid to all Cambodian citizens?

The first stop was Sonsam Kosal Pagoda where 16 Khmer staff, two volunteers, Karen and Daniel gathered to participate in a blessing by the monks.  The monks blessed the staff for prosperity, luck and to strengthen IBJ in Cambodia to help all its citizens.  The blessing marked a sense of unity that was evident for the remainder of the day.

Back at the office Karen opened the session with a lively and encouraging speech that recognized all of the lawyers’ dedication and hard work. She said that the IBJ program in Cambodia can be a model for the world, “like the seed and the root which is strengthening the whole world.” Karen urged the defenders to continue to work together, strategize, multiply their resources, strengthen their skills and most importantly, to commit their hearts and minds to find a vision for the future of Cambodia.

Before moving on to the defender training, IBJ’s staff introduced themselves and described the values that drive their work. Mr Chheang Makara, Mondulkiri’s provincial lawyer, who often defends ethnic minorities, noted that the Street Law Training Sessions have raised awareness about IBJ’s work among institutions throughout the province. He further expressed his pride and commitment in being an IBJ lawyer.

Mr Kin Vibol, Takeo’s provincial lawyer said:

“I have many reasons that motivate me to work for IBJ. The first is to provide pro bono defense to the poor. Without my defense, my clients would be given the maximum sentence, which in most cases is unfair. If my clients are innocent, I aim to prove this and have them acquitted. IBJ has been increasingly recognized by competent authorities throughout Takeo and Kampot as well as by the local people. This awareness is due to our Street Law Trainings and by word-of-mouth. I have direct contact with the police who can contact me by phone at any time. Having direct access to our clients held in police custody provides a real opportunity to prevent them from being tortured and guarantees their right to a fair trial. This is IBJ’s mission and purpose.”

Daniel then met the group for the first time and voiced his happiness to be back in Cambodia.  He marvelled at the huge amount of progress the country has made since his last visit twelve years ago. Daniel stressed the importance of the rule of law and an effective judicial system as an essential key to a functioning society.  In order to strengthen the defenders, Daniel then demonstrated his impressive legal skills to improve the trial skills of the IBJ lawyers.  He focused on the importance of cross-examination with the prosecution’s witness and the art of establishing the truth and eliminating prejudices by introducing a different perspective of the facts to arrive at this truth.

After lunch the lawyers were asked to look at two case studies: murder and assault.  They were asked to raise the line of defense that they thought would assist the accused and establish the truth.  Daniel provided them with many thought-provoking questions that prompted strong answers. In both cases the lawyers provided a number of convincing arguments that would help prove their client’s innocence. Daniel was very impressed by the responses. The defenders were then put through an interactive role-play to demonstrate the lessons learnt from Daniel’s lesson.

The final session was a vision exercise that took the lawyers 12 years into the future.  Karen asked the question: what do you want legal aid in Cambodia to look like in 12 years?  The staff split into three groups of four, and each group drew their vision for IBJ in 2024. The responses were amazing.  The first group drew a dove as a symbol of peace and dignity through recognition of the rights of the accused and a right to a fair trial.  The second group described IBJ’s work as the rising sun as they aspired to have quality legal aid available to all, end torture, eliminate poverty and eliminate all forms of corruption and have Cambodian known as a “state of law.”  The third group focused on legal empowerment of all Cambodians, so that they know their rights and the law.  They also want Cambodia’s judicial system to strengthen, and specifically the relationships between defense lawyer and justice stakeholders.  All groups wished for legal aid to be present in all 24 Cambodian provinces to ensure that there was early systematic legal aid representation for all Cambodian citizens.

Daniel, Karen and Vandeth closed the day with thanks and words of encouragement. Karen said that she was so inspired to hear all their dreams for the future.

“Listening to you I realize one thing, I realize that you are writing history, not only with each case—case by case—that you stand for, but you are writing history because your vision is more grand than only your individual cases. Your vision is how to institute systematic early access to a lawyer in Cambodia. And we realize that you are taking steps and you may not reach your dream today or tomorrow, not even next month, maybe not even next year , but I promise you that if we all work together in this room, by the year 2024 this will not be a dream. You, we, I, all of us together will have participated in and created this historic effort. Bring your light to the darkest corners of the provinces and prisons. I want to thank you for bringing the light, not only in Cambodia but throughout the whole world.”

After a long, successful and fulfilling day, a group picture was taken and the defenders went home to start preparing themselves for the Khmer New Year.

* Kate Flower is a volunteer with the Australian Youth Ambassadors for Development (AYAD) Program. The AYAD Program is part of Australian Volunteers for International Development, an Australian Government, AusAID initiative.

On Thursday at around 3pm IBJ’s lawyer, Mr Sary, received a phone call from the court informing us that our client’s bail application had been approved.   It is always good news to report that we have had a case dismissed, or a bail application approved. What I was not prepared for were the raw emotions when I had the opportunity to tell our client that he could go home.

Makara is a 51 year old minority indigenous Cambodian from Rattanakiri. He migrated back to Rattanakiri in November 2011 and on his return, the Village Chief and Commune Chief gave him three hectares of land to use as a farm. In preparation for the April planting season, Makara began to clear his new land and build a farm. While he was preparing and clearing his land the police came to arrest him for illegal logging. He explained to the police that it was his land but was sent to prison to await his trial.

I have been inside the prison in Rattanakiri and I have seen Makara’s cell. There is one tiny barred window for a room no bigger than 1.5m x 2m. He was detained there with six other inmates for a little over a month. The room was so small that at night time, Makara told me, each took turns to lie down and sleep.

At 4.30pm we went to tell Makara that his bail application had been approved. His gratitude for the work of IBJ’s lawyer and investigator was evident in his smile. With his hands pressed together in the traditional symbol of respect and appreciation, he smiled.

When speaking to IBJ’s investigator, Makara said: “I was very happy when I met IBJ’s lawyer and that he has helped me leave prison. In prison the room is so small and there is very little air and due to that I am not feeling well. Now I can go and meet my family again. I can go and plant the potatoes, corn and soy bean. So now my family can eat.”

What is burnt in my mind, now and forever, was seeing Makara walk out of prison. What I really appreciate is that he is now free to await his trial away from prison conditions. Moreover, he can now go and plant his crops. Successful bail applications do not only affect the accused persons, they affect the livelihood of the whole family. In a country where people are living daily to simply survive, the loss of one worker, especially the breadwinner, can be devastating.

I feel privileged to have shared this moment with Makara. Not simply because it was a feel good moment, but because it was one person’s life that IBJ had changed. I firmly believe that change starts with improving the situation of one person. Each person that IBJ stands up to represent, and each success that IBJ has here on the ground, contributes to a larger scale change. The justice system is being held accountable. Justice is made to happen- and that is something I feel privileged to witness.

Kate is a volunteer with the Australian Youth Ambassadors for Development (AYAD) Program. The AYAD Program is part of Australian Volunteers for International Development, an Australian Government, AusAID initiative.

On 20 and 21 March 2012, International Bridges to Justice (IBJ) held two legal rights awareness events on Cambodia’s Criminal Procedure and Penal Code in Takeo Province.  The two events brought together 100 Cambodian citizens eager to learn about their legal rights.

At each event Mr. Kin Vibol, IBJ’s provincial lawyer in Takeo, started by explaining the purpose and importance of teaching Cambodian citizens about their legal rights.  He explained that the law provides rights to all people, innocent and guilty, and that these rights ensure fairness, justice and overall respect for human dignity.

Mr Vibol went on to teach the audience about the role of a lawyer and how a lawyer can help people who have a problem with the law.  He noted that a lawyer has knowledge of what is right and what is wrong when being arrested, questioned or detained.  To empower the audience to enforce their basic rights, Mr Vibol taught the audience some basic principles including the right to refuse to answer questions and the right to speak with a lawyer.

Following this, Mr Vibol discussed the rights of persons accused at trial by teaching the audience about the presumption of innocence, the right not to be tortured, the right to a defence, and the right to an appeal.  Mr Vibol went on to discuss the importance of public hearings and the right to a fair trial, free from prejudice or presumed guilt.

Mr Vibol then asked the audience for questions, resulting in a lively discussion.  Questions included the right to make a complaint, judicial independence and the time periods for detention.

Each training session ended with applause from the audience and the Deputy Commune Chief expressing gratitude for teaching their community about legal rights.

A member of the audience, Sum Sophart, told IBJ staff that he first heard of IBJ on the radio.  He said that he trusts IBJ’s work for Cambodian citizens.  He stated that:

“The most important thing I learnt today is to understand how a lawyer can help find justice for those who have been wrongly accused. I will share this information with the people of my village to make them aware of their rights.”

This is very encouraging for IBJ to hear as people that know their rights are empowered to stand up for themselves and enforce their rights.

This event was supported by Australian Aid.

 Kate is a volunteer with the Australian Youth Ambassadors for Development (AYAD) Program. The AYAD Program is part of Australian Volunteers for International Development, an Australian Government, AusAID initiative.

On 12 March 2012, International Bridges to Justice (IBJ) held its first roundtable discussion for the year in Banlung, Rattanakiri Province. The event was attended by 18 justice stakeholders including the Deputy Prosecutor together with a representative of Womens Affairs, Cambodian Centre for Human Rights, Legal Aid Cambodia, and prison and police staff.

Mr. Ouk Vandeth, IBJ’s In-Country Fellow, opened the Roundtable by explaining the purpose and goals of the morning.  He requested that the audience raise the challenges facing them in their daily duties, so that together a solution is found.

His Excellency Bun Honn, the Undersecretary of the Ministry of Justice, facilitated the Roundtable by candidly explaining about the implementation and interpretation of the new Cambodian Penal Code and Procedures Code.  He emphasised that Cambodia is a democratic country and as such, must uphold the laws and human rights principles. He explained that the objective and application of the law was to protect the human rights of all Cambodians.

His Excellency opened the discussion by thanking all of the attendees and urged them to voice their views on the legal system’s inefficiencies, achievements and ambiguities.  Due to changes in the laws and limited training of these changes, His Excellency understands the challenges faced, specifically by police officers, carrying out their duties in accordance with the law.  He reminded participants that this Roundtable was one way to assist them in understanding the correct interpretation of the law.

Before questions were asked, His Excellency explained the maximum duration a person can be held in police custody.  An extension of this time is limited to an additional 24 hours in cases involving a felony charge and only if further investigation is needed.  Moreover, His Excellency explained that an accused may speak with a lawyer or relative after 24 hours of being in police custody.  The police then inquired as to what to do if the accused person asks to speak to a lawyer within the first 24 hours.  His Excellency explained that if the accused requests a lawyer within 24 hours, then he may see a lawyer.  His Excellency went on to explain that the accused has a right not to answer the questions of the Judicial Police and that by exercising this right, the accused should still be presumed innocent.

One difficulty created by the changes in the laws is the amendment to the elements required for proving theft with violence as opposed to extortion with a weapon.  A police officer raised concern and confusion between the distinctions of the two crimes, as opposed to the elements under the old system, which was classified as crimes of robbery.  His Excellency explained the principles and the importance of understanding the distinction, especially given the difference in the periods for detention for each charge.

His Excellency also discussed the important principles of the presumption of innocence and liberty, something that is not always seen in the Cambodian justice system.  He identified the importance of gathering evidence, of analysing the evidence, and reaching informed decisions to ensure that the police are not unnecessarily detaining innocent people.  His Excellency stated:

“It is better to have ten suspected men be free than one innocent man in prison”

His Excellency also pointed out that Cambodian people would be less willing to trust the police, and the judicial system, if people were arbitrarily being detained without the proper evidence.

Further discussion throughout the morning touched on topics of breach of trust, the difference between misdemeanors and felonies, domestic violence, defamation, cheating, suspended sentences, the provisional detention of minors and the time period of an offense.

Mr. Vandeth closed the discussion by summarising the main points of discussion and remarked that the correct implementation of the law and legal reform is central to Cambodia’s development. Mr Vandeth was very pleased with the Roundtable.  He noted that the audience was very active with lots of questions for His Excellency indicating an enthusiasm to learn and improve practices within the justice system.

This event was supported by Australian Aid.

 Kate is a volunteer with the Australian Youth Ambassadors for Development (AYAD) Program. The AYAD Program is part of Australian Volunteers for International Development, an Australian Government, AusAID initiative.
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In attendance were 23 defense lawyers, 6 prosecutors, 5 investigative lawyers, and 4 judges. In addition to our guest speakers His Excellency Bun Honn and His Excellency Soun Visal, there were an additional four members of both the Ministry of Justice and the Bar Association of the Kingdom of Cambodia. Judges, prosecutors and lawyers traveled from as far north as Rattanakiri and from the southern province of Prey Veng to attend the four-day training event.

The event began with an opening ceremony and welcome speeches from the Ministry of Justice, BAKC, Mr Ouk Vandeth our Cambodian Country Director, and Ms Kellie Krake. All speeches recognized the strong relationships between IBJ, the Ministry of Justice and BAKC. They also highlighted the importance of IBJ’s work here in-country towards strengthening the rule of law.

All participants, regardless of rank or status, were animated and enthusiastic during the four-day event. The first day of events was informative and specific to Cambodia’s criminal justice system. His Excellency Bun Honn spoke about defenses under Cambodian law while His Excellency Suon Visal spoke about the role and importance of having defense counsel for an accused during trial. This latter topic sparked the passions of the prosecutors present. Ms Angie Main, an experienced prosecutor in Scotland, volunteered her expertise and time at the event and spoke on the importance for both prosecution and defense of having legal representation and the respective roles of each.

The real fun however started on day two of the training. The whole day was full of laughter, experiments and enthusiasm as topics of theme and theory of cases, witness interviews, opening and closing arguments and the incredibly challenging skills of direct and cross examination were taught. Laughter, confusion and bewilderment were all on display. It was rewarding to see the progress made by all the participants on the day. The most diligent participant in attendance was the judge from Kampong Speu.

Day three followed up on the queries that arose from the previous day before a talk by a member of the Extraordinary Chambers of the Courts of Cambodia about the trends in the criminal justice system. His Excellency Bun Honn rejoined us for a second day as a panel member to discuss issues of pre-trial detention and the roles and responsibilities of criminal justice stakeholders. A prosecutor from Phnom Penh raised concern about requesting bail and subsequent police refusal. His Excellency discussed possible steps that the prosecutor may take, especially when the accused had been detained longer than allowed under Cambodian law. The third day closed on the discussion of the impending mock trial for the final day of the event.

Friday morning arrived. And so did all the participants – early! In anticipation of the unknown, all participants arrived very early and were ready to go at 8.30. Preparation started as the participants were divided into groups of three: defense team, prosecution team and witness team. Everyone had a new role to play: prosecutors as defense lawyers, defense lawyers as prosecutors, investigators as witnesses and judges as prosecutors and defense counsel. The mock trial was a huge success. The skills that had been developed over the previous three days were evident. The day finished on a high and people were awarded their certificates. A touching moment to complete the four days was the speech made by our diligent judge. Standing up at the end of the day to acknowledge all the hard work of IBJ’s Training Director Kellie he stated: “While we acknowledge that there are differences in our systems, we can appreciate that we have learnt a lot of new skills. Thank you.”

Kate Flower is a volunteer with the Australian Youth Ambassadors for Development (AYAD) Program. The AYAD Program is part of Australian Volunteers for International Development, an Australian Government, AusAID initiative.

]]> http://www.ibj.org/2011/11/early-access-to-a-lawyer-and-the-prevention-of-torture-as-an-investigative-tool/ Wed, 09 Nov 2011 10:26:07 +0000 http://www.ibj.org/wp_main/?p=2461 Cambodia ratified the UN Convention Against Torture over 18 years ago. Torture, however, remains the simplest and cheapest mechanism to extract a confession. Mr V is evidence that this practice is very much prevalent in the Cambodian justice system today.

On 12 February 2011, Mr V was called to the police station for questioning over a stolen ring. After giving his statement explaining that he was receiving medical treatment for his injured leg the police held him overnight in a tiny cell. The next day, the police continued to question him. Mr V maintained his innocence. Irritated, the police threw Mr V to the ground and began to kick him in the ribs, head and back. Enduring these barbaric acts, Mr V was forced to confess to a crime he did not commit.

During an interview with IBJ, Mr V described how he wanted to commit suicide, banging his head on the table, because he simply did not commit the crime.

Mr V was then formally arrested for a felony offense and taken to Kampot Provincial Prison[1] where he was forced to share a room, 15x15m2, with 60 other prisoners – a mix of pre-trial detainees and the convicted. Nine months later he is still awaiting trial. A month after Mr V’s arrest, the case was referred to IBJ at which point he was for the first time informed of his legal rights.

Mr V’s story highlights the problems imbedded with Cambodia’s criminal justice system in two ways:

Intern, Kaitlin Bella interviewing the client at Kampot Provincial Prison

Under Cambodian law, all felony and juvenile cases are to be represented by lawyers. Although the Bar Association of Cambodia has established a legal aid referral system for these types of cases, funding is so limited that lawyers cannot always be provided. What happens in these circumstances is that a judge cannot proceed with the trial and the accused would remain in prison until a lawyer could be appointed, or more simply, indefinitely.

Moreover, without access to a lawyer, Mr V would never be able to prove that his confession was forced. A judge simply would not believe him and he would have remained in prison, unable to collect evidence to prove that he was tortured. By the time he came to trial his bruises would have faded and scars would have healed – all but the scar in his memory.

Because of IBJ’s intervention in this case, Mr V’s confession will be challenged. Moreover, on 3 November 2011, a judge ruled that IBJ could provide two witnesses to testify to Mr V’s innocence. This will happen on 17 November 2011. While Mr V remains in prison, now he has some hope. None of this would have occurred without the thorough investigation of IBJ’s Investigator Mr Vanny nor the representation provided by IBJ’s lawyer, Mr Vibol.

IBJ’s Investigator Mr Chan Vanny, interviewing the Commune Chief as a witness for the client.

By  Kate Flower, Project Officer and Kaitlin Bella, Intern

* Kate Flower is a volunteer with the Australian Youth Ambassadors for Development (AYAD) Program. The AYAD Program is part of Australian Volunteers for International Development, an Australian Government, AusAID initiative.

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[1] On IBJ’s visit dated 3 November 2011, there were 424 prisoners.  The prison is estimated to have maximum capacity of 160.  Kampot’s provincial prison is therefore grossly overcrowded at 265% capacity.

IBJ staffers were first invited to tell their personal stories.  This provided everyone with an opportunity to share their values and principles as lived experiences, and discuss why they entered the legal profession.  Mr. Vandeth set a benchmark by sharing his life story: growing up in Cambodia, his career as a police officer, and finally his life as a criminal lawyer.  The staff followed with an overwhelming enthusiasm to share their own stories and critical choice points.

The second session discussed IBJ as a community of lawyers and human rights defenders within Cambodia.  Values of human dignity, the importance of sustainability and the desire to eliminate torture were all reoccurring themes we collectively harbour.

The discussion then moved to the challenges currently facing the Cambodian criminal justice system.  A common theme was the lack of education and understanding about the legal justice system.  Even more apparent was the lack of understanding of the role of a lawyer.  This concerning issue was raised by one of our Phnom Penh lawyers, Ms. Pheak.  She noted that it was common for police officers to inform people of their rights to a lawyer upon arrest.  Further, Ms. Pheak stated that a judge may inform a person of their right to a lawyer only at the time of trial.  However, she often comes across cases where the right to a lawyer was refused for no other reason than that person was unaware of what a lawyer is or how a lawyer may be able to help.

Another issue IBJ lawyers commonly face relates to witnesses.  Our lawyers were in common agreement that it was very difficult to find reliable or credible witnesses to corroborate a client’s story.  Witnesses are often unwilling to attend a trial due to financial constraints, or simply a belief that it is not their trial.  If a witness does agree to give a statement during a trial, they often change their minds about giving evidence at the last minute, or worse, by changing their stories.

Most importantly, the day reinforced the strong sense of community among the attendees. The IBJ provincial offices are remote, and all face daily, distinct challenges. The sense of community reminded them that they are supported not only by Phnom Penh, but by IBJ as an international support network.

*Kate Flower is a volunteer with the Australian Youth Ambassadors for Development (AYAD) Program. The AYAD Program is part of Australian Volunteers for International Development, an Australian Government, AusAID initiative.