Through JustGiving, you can now make a small donation to ensure that Chanlina, a 13 year-old girl currently detained at a prison in Cambodia, is released and able to go back to school. JustGiving is a global social platform for giving that makes a real difference to causes everywhere.

Despite her young age, Chanlina has currently spent over eight months in a cell along with 87 other prisoners awaiting trial for a crime that she did not commit. In Cambodia, the minimum age for detention is 14 years old, however, since Chanlina is adopted and has no birth certificate to establish her true age, she is being charged as an adult. She passes each day in her cell with no friends, little food, no schooling for her illiteracy, and “feels as if [she] has no purpose”.

After meeting with Chanlina and her adopted mother, IBJ Cambodia’s country manager Ouk Vandeth decided to represent Chanlina on a pro bono basis. Due to the continued postponement of her trial date, Chanlina continues to sleep alone on little more than a plastic bag spread out on the concrete floor of her crowded cell.

Just a small donation can change Chanlina’s life. With your support, we can get Chanlina out of prison, reunite her with her desperate mother, and get her back to school.

Visit JustGiving and donate now.

Some names have been changed to protect privacy.

17 September 2014

On September 17, 2014, we went to Prey Veng province to visit Theara, a former IBJ client recently released after being acquitted. Theara’s house is only 40 kilometers away from IBJ’s provincial Defender Resource Center, yet it took us nearly three hours to drive there  considering the rain and mud. IBJ Lawyer Mr. Prak Phin and his assistant Mr. Leang Sina drove us through many green paddy fields until we finally arrived in the early afternoon where we met Theara with his family to tell us his story.

On the road to the village

Back on December 17, 2013, Theara and his wife suddenly woke up at 8: 30pm after hearing a gunshot. His mother in law, living in the house next door, wanted to see what was happening and Theara’s wife asked him to go with her mother. When they arrived at the neighbor’s house where the noise had come from, a lot of villagers were already there. A group of four men had apparently gone into the house with guns to rob the owners. They kicked the husband, bound his hands and threatened his wife, asking for her jewelry and cash. According to the victims, they stole a total of 12 million riels (about 3,000 US$) and an additional 1,545 US$.

By the time the villagers and later the police officers arrived at the scene, the four men were already gone. Nevertheless, the victim’s wife said she recognized Theara as one of the men who had just robbed her. She said that she heard the perpetrators speaking in a particular dialect which was, according to her, only known by Theara in the village.

Theara and his two daughters in front of their house

With no further investigation, the police officers arrested Theara and took him to the police station for further interrogation. While in police custody, the officers told Theara to confess and demanded to know the names of the other perpetrators. When he denied being involved, they started to kick his left leg, which was already weak, again and again for several hours. No one informed him about his right to a lawyer and he had never heard of legal aid services. After two days in police custody, Theara was sent to Prey Veng prison where he endured an overcrowded cell and harsh conditions.

This story shows once again how proper investigation techniques in Cambodia are less often used. Due to a lack of means and will, arresting someone and making him/her confess is still the more convenient and cheapest way of solving a crime for the police.

After a few months in prison, a court clerk finally asked Theara if he had a lawyer. As he did not, the investigating judge appointed him IBJ Lawyer Mr. Prak Pin. The first time they met, Theara felt stressed, but was also relieved not to be alone anymore. From the moment he met Prak Pin, he trusted him and knew he had a chance to get out of prison.

IBJ lawyer Prak Phin & Theara

On August 28, 2014, after more than 8 months of detention, the trial finally took place. Theara was accused of theft with violence, punishable by imprisonment from three to ten years according to article 357 of the Cambodian Criminal Code. The IBJ defense lawyer brought exculpatory pieces of evidence before the court, including 8 eyewitnesses, one of which was the victim’s aunt, and 58 villagers’ testimonies (including the village and commune chiefs) attesting to Theara’s alibi and innocence.

On September 3, 2014, the judge issued his verdict: Theara was acquitted. He was released five days later. He immediately went to take care of his mother in Battambang province (450 km from Prey Veng) who had fallen ill while he was in prison. Theara is now taking care of his mother and working to cure his left leg before returning back to work as a fruit picker in a few months.

While Theara was detained, his 16 and 17 year old daughters had to work at a factory to support the rest of the family, including a three year old baby, while his wife was forced to take out a loan.

Though he is now back in his village, he has yet to see the neighbors who accused him of theft and is afraid of meeting them again.  “I have a family to feed and a loan to reimburse, so I need to work as soon as possible and avoid problems.” Unfortunately, this is also the reason why he will not be suing his neighbors for compensation or prosecute the police for ill-treatment.

Prak Phin, provincial lawyer (right) and Leang Sina, provincial investigator (left)

Theara is very thankful to IBJ and their defense lawyers. He concluded by saying “ {An} IBJ lawyer found justice for me. I {could} never thank you enough. Without a lawyer, I would probably still be in prison. IBJ offered me a rebirth!”

Burundian Lawyers following one of IBJ’s eLearning Modules

International Bridges to Justice (IBJ) has been providing early access to council in Burundi since 2006, with the establishment of a Defender Resource Center (DRC) that now covers 9 of the 17 provinces.

Since the establishment of a DRC in the capital city of Bujumbura, IBJ has developed strong relationships with the Minister of Justice and other key justice stakeholders of the Burundi Bar Association. In April 2009, a revised version of the Burundi Penal Code was ratified, criminalizing the use of torture, when our DefenseWiki became available to justice officials through IBJ’s DRC in Bujumbura. Since then, over 400 justice sector professions have participated in DRC trainings and roundtable discussions.

 Quick Facts: 

• IBJ lawyers have handled 360 cases with a 30% acquittal rate
• 60% increase in access to lawyers for those in policy custody
• 8 imprisoned children have received legal aid within the last few months
• IBJ lawyers and advocates make weekly visits to educate prisoners about their basic legal rights
  • 14 rights awareness campaigns held: 13,000 “Know Your Rights” posters distributed, reaching over 31,000 individuals
  • 85% of individuals educated by rights awareness campaigns agree they are in a better position to ask for the respect of their rights in case of arrest

Lawyers, Judges, and Police Officials come together for Roundtable Discussions

In 2010, President Pierre Nkurunziza ordered the immediate release of hundreds of prisoners from the overcrowded prisons. The incorporation of an IBJ rights awareness slogan into Article 110 of the Criminal Procedure Code signed in 2013,  shows to what extent Burundi’s government is interested in further developing our programming on the national level.

Despite IBJ’s substantial progress, the country is still estimated to have only around 300 lawyers to serve a population of approximately 9 million. The prison population has recently reached 11,000, with the majority of inmates unable to afford legal representation.

IBJ Burundi will continue to train judicial officials on all aspects of the legal process and provide legal aid for minorities, minors, and vulnerable people. It’s time to take the success of IBJ Burundi’s programming in Bujumbura and implement it countrywide!

Thank you in advance for helping to bring universal access to legal aid in Burundi. Join the #SEChallenge and donate today!

Campagne de sensibilisation aux droits légaux d‘IBJ

Les prisonniers étudient un manuel

Les avocats d’IBJ ont répondu aux questions et facilité la discussion

Les femmes et les hommes prisonniers de tous âges y ont participé

Les photos ont été généreusement fournies par Kan Seng Houth.

IBJ Legal Rights Awareness Campaign

Prisoners review information packets

IBJ Legal Fellows answered questions and facilitated discussion

Male and female prisoners of all ages participated

Photos generously provided by Kan Seng Houth.

septembre 2014

M. Kheng et Nou Chandeth, un avocat d’IBJ

En juin 2013, dans la province de Kampong Thom, Kheng [1] venait de quitter la maison de sa mère à moto lorsqu’il fut arrêté par la police. Ne comprenant pas ce  qu’il se passait, il se débattu avec les policiers qui essayaient de l’arrêter. Les policiers l’ont ensuite mis en garde à vue et interrogé. Il apprit alors qu’il était accusé de vol avec violence, crime commis la veille dans la province voisine de Siem Reap. Kheng, qui n’avait jamais entendu parler de ce vol, n’était en aucun cas impliqué dans l’incident. Alertés par leurs collègues de Siem Reap, les policiers de Kampong Thom étaient à la recherche de suspects et ont décidé d’arrêter Kheng probablement parce que celui-ci avait déjà été jugé pour port d’arme illégal dans le passé.

Pendant la garde à vue,  la victime du vol fut convoquée pour identifier le suspect. Elle a clairement affirmé que Kheng n’était pas l’auteur du vol, déclarant qu’il ne lui ressemblait pas du tout.  Les policiers ont néanmoins décidé de garder Kheng en garde à vue afin de pouvoir continuer à  l’interroger. Kheng leur répéta qu’il ne savait rien et qu’il revenait simplement  de la maison de sa mère au moment de l’arrestation. Les policiers ont tout de même affirmé dans leur rapport que Kheng était l’auteur du crime, qu’il avait avoué et plaidait coupable.  Lorsqu’ils lui ont demandé de signer le rapport Kheng n’a pas réussi à le lire tant la pièce était sombre et ses yeux enflés du fait de l’altercation lors de son arrestation. Il n’eut d’autre choix que de le signer, sans pouvoir le lire correctement  et fut donc placé en  détention provisoire.

Heureusement, Kheng avait entendu parler d’IBJ à la radio lors d’une émission expliquant le rôle de l’avocat de la défense et de la possibilité de demander une assistance juridique dans l’un des bureaux provinciaux d’IBJ (Defender Resource Center). Après deux mois de détention provisoire, il put finalement demander à sa famille de contacter l’avocat d’IBJ basé dans la province de Kampong Thom qui le représenta lors de son procès en février 2014.

Le rapport de la police étant faux,  Kheng présenta sa propre version des faits lors du procès. Son avocat souleva le manque de crédibilité des preuves qui n’étaient constituées que du rapport de la police. Il appela la mère de Kheng à témoigner devant le tribunal et elle confirma qu’ils étaient ensemble avant l’arrestation. Il appela également la victime du vol qui réaffirma que Kheng n’était pas le coupable. Enfin, l’avocat d’IBJ souleva le droit à la présomption d’innocence reconnue par la Constitution cambodgienne et le Code Pénal Cambodgien. Les juges rendirent leur décision en mai 2014 et Kheng fut acquitté et libéré.

Kheng aura passé 9 mois et 21 jours en prison, dans une cellule de 10 mètres sur 5 avec plus que 60 prisonniers. Il ne pouvait voir sa famille qu’une ou deux fois par mois, pendant 15 minutes maximum. Malgré un sentiment de profonde injustice, Kheng est resté convaincu qu’il serait innocenté mais s’est beaucoup inquiété pour sa femme qui, enceinte de leur deuxième enfant, était seule à s’occuper de leur ferme.

Fort heureusement, Kheng savait qu’il avait le droit  à un avocat grâce aux émissions de radio émises par IBJ. Il est aujourd’hui très reconnaissant en vers IBJ de l’avoir aidé et ne cesse d’en parler autour de lui et d’informer ses voisins des  services d’aide juridique gratuits d’IBJ.

[1] Nom changé.

le 17 septembre 2014

Le 17 septembre 2014, Theara, un ancien client d’IBJ récemment acquitté et libéré nous a reçu chez lui dans la province cambodgienne de Prey Veng. Maitre Prak Phin, l’avocat local d’IBJ et son assistant Leang Sina nous ont conduit jusqu’à la maison de Theara située à environ 40 kilomètres du bureau provincial d’IBJ. Le trajet au milieu des rizières verdoyantes s’est avéré beaucoup plus long que prévu puisqu’il nous a fallu presque trois heures sous la pluie et sur une route boueuse pour y arriver. Arrivés à destination, Theara a partagé son histoire avec nous.

Une nuit de décembre 2013, un coup de feu dans le voisinage réveilla Theara et sa femme. La belle-mère de Theara, vivant dans la maison voisine, voulue voir ce qui se passait et la femme de Theara lui a demandé de l’accompagner. Il y avait déjà beaucoup de villageois quand ils sont arrivés à la maison du voisin d’où le bruit venait. Apparemment, un groupe de quatre hommes armés était entré dans la maison pour la cambrioler. Après avoir frappé et ligoté le mari, ils auraient menacé sa femme réclament ses bijoux et l’argent. Selon les propriétaires, ils auraient volé au total 12 millions de riels (environ 3 000 dollars américains) et 1 545 dollars.

Quand les villageois et la police sont arrivés, les quatre hommes étaient déjà partis. Néanmoins, la femme victime du vol a déclaré qu’elle reconnaissait Theara comme l’un des voleurs, attestant qu’elle avait entendu les voleurs parler un dialecte particulier que seul Theara connaissait dans le village.

Theara avec ses deux filles

Les policiers ont alors arrêtés Theara et l’ont emmené au poste de police sans enquête complémentaire pour qu’il d’avoue son crime et révèle le nom des autres voleurs. Theara, a clamé son innocence et les policiers ont alors commencé à frapper sa jambe gauche, et ce pendant plusieurs heures. A aucun moment Theara n’a été informé de son droit à un avocat ou des services d’aide juridique. Après deux jours de garde à vue, Theara a été transféré à la prison de Prey Veng où il a enduré les conditions difficiles d’une cellule surpeuplée.

L’utilisation de la violence et de la torture en vue d’obtenir des aveux est encore une technique courante au Cambodge. En effet, la police manquant de moyens pour mener une réelle enquête judiciaire, il est toujours plus rapide et moins cher d’arrêter un suspect et de le faire avouer.

Après plusieurs mois de prison, un des greffiers du tribunal a finalement demandé à Theara s’il avait un avocat et le juge d’enquête lui a alors assigné Prak Pin, l’avocat d’IBJ basé à Prey Veng.

Quand il a rencontré Prak Pin pour la première fois, Theara était angoissé mais ses inquiétudes se sont rapidement dissipées quand il a compris que l’aide juridique de Prak Pin pourrait l’aider à sortir de prison, et qu’il pouvait avoir confiance en lui.

Avocat d’IBJ Prak Phin et Theara

Le 28 août 2014, le procès a finalement eu lieu après plus de 8 mois de détention. Theara a été accusé de vol avec violence, crime passible de un à trois ans d’emprisonnement conformément à l’article 357 du Code pénal cambodgien. Maitre Prak Pin a présenté au tribunal des éléments de preuve à décharge, notamment 8 témoins, dont la tante de la victime, et les témoignages de 58 villageois qu’ils ont tous attesté son innocence.

Le 3 septembre 2014, le juge a prononcé son verdict acquittant Theara qui fut libéré cinq jours plus tard. Il est immédiatement allé prendre soin de sa mère dans la province de Battambang (environ 450 km de Prey Veng) qui était tombé malade alors qu’il était en prison. Il va à présent essayer de soigner sa jambe gauche nécessaire à sa reprise du travail en tant qu’ouvrier du bâtiment et cueilleur de fruits.

Pendant sa détention, les filles de Theara, agées de 16 et 17 ans ont dû travailler dans une usine pour nourrir le reste de la famille, dont un bébé de trois ans. La femme de Theara a aussi dû contracter un emprunt à la banque.

Aujourd’hui Theara est de retour dans son village. Il n’a pas encore revu les voisins qui l’ont accusé de vol et il a peur de les rencontrer de nouveau. «J’ai une famille à nourrir et un emprunt à rembourser, j’ai besoin de travailler dès que possible et éviter les problèmes», explique-t-il. C’est la raison pour laquelle il ne veut pas poursuivre les voisins en justice ni la police pour les mauvais traitements subis.

Prak Phin, avocat provincial (droit) avec Leang Sina, l’enquêteur provincial (gauche)

Theara n’a cessé de remercier son avocat et IBJ. «Sans avocat d’IBJ je serais probablement encore en prison. Je ne pourrai jamais le remercier suffisamment de son aide et sa générosité. IBJ m’a offert une renaissance.», conclut-il.

July 22nd, 2014

At 16 years old, Vannak[1] found himself being interrogated by two police officers – in fear that if he did not provide a confession for crimes he knew nothing about, he would be subjected to violence. The officers did not inform him of his right to a lawyer, and he feared the “large officer” would “punish him by hit[ting] him” if he did not provide the answers they sought. Vannak “was afraid, so [he] did what they said” and ‘confessed’ to serving as an accomplice to intentional damage to property and intentional violence – crimes which, given these particular circumstances, would warrant up to 15 years in prison and over 10 million riel ($2,000 USD) in fines[2].

Vannak’s friend had been in a fight a few days before police stopped Vannak in an internet shop and arrested him last November. Vannak had heard about the fight, but had no idea that since then his friend had attacked his foe with a knife, injuring the victim and damaging the victim’s house where the attack took place. When police questioned a friend of the perpetrator, he lied and implicated Vannak in the crime. However, the day the attack took place, Vannak had been hanging out with a friend, playing volleyball amongst other things.  When the police questioned Vannak, he was forced to give a coerced confession for a crime he was unaware even happened.

Vannak recounts his experience in prison

After six hours in the police post, which is almost two hours from the Battambang/Thailand border-town where Vannak lives with his mother, Vannak was allowed to call his mother, and then was taken to the prison. However, because necessary prison admission forms had not been signed, and it was too late at night to find a judge to do so, Vannak was brought back to the police post where he slept for one night. It was not until his hearing the next morning that the judge informed him he should have a lawyer. The court clerk referred Vannak’s mother to IBJ when she arrived at the courthouse, after frantically rushing from their town to the Battambang court – a costly journey that she had to take multiple times during this ordeal.

After meeting with Vannak’s mother just a few days after Vannak’s arrest, Sothea (the provincial lawyer here in DRC 6) took on Vannak’s case in its earliest stages. The investigating judge dismissed the case against Vannak after Sothea presented Vannak’s friend who had spent the day with him on the date of the incident as a witness. Sothea further pointed out that there was no evidence indicating Vannak’s involvement in this crime.

Although the investigating judge dismissed the charges, the dismissal did not occur until after Vannak spent 15 days inside the prison. I wrote previously about the conditions a minor kept in the prison here in Battambang can face (see http://ow.ly/yDZ58), and the conditions Vannak faced were very similar. He spent his days in a five by five meter cell with 20 other inmates, finding both sleep and food scarce, but able to use his mornings for exercise. Vannak felt he was lucky, as he said new prisoners were often made to stay in the bathrooms until space opened up in the cells; however, because the prison guards took a liking to him, he instead stayed in the overcrowded cell.

Me (legal intern), Vannak[1], Vannak’s Mother, Kalyan (lawyer assistant); Taken at their home.

[1] Name changed for client’s privacy.

[2] Art. 29, 218, 414, Cambodia Criminal Code (CCC) (2009).

June 2014

Rosemary Hambright

Scorned for being poor, a young man in Cambodia found himself at the mercy of a dysfunctional judicial system. Fortunately, IBJ was able to step in and offer legal aid.

What started as a story of romance for Virek[1], a 19-year-old villager from Stung Treng Province, ended with a 3-month prison detention for a crime he did not commit as well as a broken heart. Virek is one of 10 children who live and work with their mother on the family’s rice farm. The family is poor and still feels the loss of their father who died 7 years ago. Next door, Nary (age 18) lives with her wealthier family on a soy bean farm.

Virek and Nary were in love and had been dating for 2 years when one day, Nary’s sister caught the two of them alone and told their parents. Nary’s father hit her, so she lied and told him that Virek had raped her. Nary’s parents already disliked Virek because he was poor, so they filed a complaint against him. Nary herself even testified to the police that she had been raped. Virek was surprised when the police showed up to his home in the afternoon of February 8, 2014. He was taken to a police station where he was threatened with physical violence if he did not confess to raping Nary. Though Virek denied hurting her, he was still passed from commune to district to provincial police custody. Though he was not harmed, he continued to receive threats. The prosecutor filed charges and the investigating judge sent him to prison two days later on February 10^th.

Kosal and Virek

Under Cambodian law rape is considered a felony, meaning that legal representation must be provided to the accused. The police, prosecutor, and the investigating judge all failed to inform Virek about his rights. Luckily, Virek’s older cousin Kosal knew about the Cambodian Human Rights and Development Association (ADHOC). In Stung Treng province, ADHOC will refer cases to International Bridges to Justice as they often work in partnership. The IBJ lawyer who lives and works in the neighboring Ratanakiri province, Mao Sary, also takes on cases from Stung Treng province with the help of his assistant, Phon Sophoes. When Kosal contacted ADHOC about his cousin’s unfair imprisonment two days after the Virek’s arrest, ADHOC referred him to IBJ.

Phon Sophoes, Kosal and Virek

IBJ’s goal is to prevent investigative torture by becoming involved with its clients’ cases at the earliest stage possible. It strives to hold justice stakeholders to the same standard of law as articulated in the Cambodian Constitution, statutes, and treaties, all of which recognize certain universal human rights. Though Virek was never informed of his right to legal counsel during his time in detention, IBJ hopes to facilitate a culture in which the law is applied equally to all who are accused. In addition, IBJ runs radio ads and organizes Community Legal Awareness campaigns to inform citizens of their rights as well as advertise the availability of IBJ.

Virek describes prison life as “difficult.” A typical day might start at 5 am, although if it had rained during the night Virek would not have been able to sleep at all. The room that he shared with 34 other people did not have walls, only chain link fences, so everyone became wet if it rained. Additionally, in order for everyone to fit on the floor at night, the prisoners were forced to sleep on their sides. During the day, Virek and the others made metal fish traps that were sold to vendors in the market. Virek made 3000 riel ($0.75 USD) a day and saved it to buy sweets or shampoo from the prison guards. Though he was allowed to take a shower each day, he never knew when it would be. Meals were served only twice a day at around 11 am and 3 pm. Poor plumbing meant the prison frequently smelled bad.

The prison guards insulted Virek daily. He lived in fear of them and some of the other prisoners. One time he saw his family through the fence because they had come to visit him. Unfortunately, the prison guards decided not to let them see Virek and made them leave. Each day Virek wondered to himself how much longer he might be in prison. He had no idea. He longed for freedom and worried about his family. Three weeks after Virek’s incarceration, Mao Sary visited him and found out that the alleged victim, Nary, was actually Virek’s long-term girlfriend. He also met with Virek’s family and learned about Nary’s family’s prejudice. He knew Virek was innocent so he came up with a strategy to help him.

During the trial, Mao Sary asked the trial judge to send Nary’s family out of the room. When they were gone, he asked Nary if Virek had raped her. With the pressure from her family removed, she admitted she had been lying to the police, the prosecutor, and the investigating judge. She said she was in love with Virek and that he had not raped her. Thanks to the work of IBJ, he was acquitted of his false accusations in May. The first thing Virek did when he went to his home was hug and kiss his family before enjoying a big bowl of rice.

Since leaving prison, Virek has not seen or spoken with Nary. Her family has forbidden her to talk with him. He now works on his cousin Kosal’s farm during the day and only returns to his mother’s house to sleep at night. Virek’s family is scared of retaliation from Nary’s family, but when asked if he thought it would be better if he were in prison Virek said that ”No, it is better to be free.” When asked which was worse—his experience in prison or losing Nary—he looked down at the ground and said his broken heart.

Virek thinks that if he did not have an IBJ lawyer, he would still be in prison today. This is likely true. Under Cambodian law, rape without aggravating circumstances is punishable by imprisonment from five to ten years. In addition, the investigating judge looking into a felony may opt to keep the prisoner in jail for up to an additional 18 months before the trial. Furthermore, because Virek was charged with a felony, his trial could not have proceeded without legal representation. There is one private lawyer in Stung Treng province, but Virek’s family is too poor to afford his services. The Stung Treng court would have had to request a legal aid lawyer from the Bar Association of the Kingdom of Cambodia (BAKC). Some prisoners have had to wait for their trial in prison for as long as one or two years for a BAKC lawyer from Phnom Penh. As IBJ’s legal aid lawyers are permanently stationed in the provinces, IBJ is able to ensure that there are less undue delays in case procedures in the more remote areas of Cambodia.

Virek is ”very happy and grateful” that IBJ helped him. His cousin Kosal is also ”very happy” and wants to say ”thank you very much” to IBJ. Virek still thinks about his life in jail every once in a while as ”it was such a difficult and bad time.” He says that he ”wants IBJ to help other prisoners because some prisoners like [him] are innocent.” Not all prisoners understand their rights and even fewer understand the role of a lawyer. Virek’s cousin Kosal has made a point of telling all of his friends and neighbors about IBJ’s legal aid services. Thanks to the quick thinking of Kosal, IBJ was able to intervene and reunite an innocent boy and his family.

[1] Names have been changed for this story. The client and his family consented for their story to be shared.

Jeanne Salomé

Mr. Pagna(1) lives in a small village, 30 minutes away from Banteay Meanchey city in the north-west corner of Cambodia. His house made of metal sheets stands close to rice fields and small water streams. A father-of-5, he and his wife already had difficulties supporting their family and their daily living. A while ago, Pagna walked on a mine and lost his ability to perform all kinds of work. He mainly relies on fishing and other small jobs to make a living. The land he occupies with his family was lent to them by an owner, understanding their dire situation. But ultimately, they need to pay him back. In these difficult circumstances, Pagna’s wife suggested him last February to go up the stream close to their house and try to catch some fish there. Pagna went and used electronic equipment to provoke an electric shock and get more fish. He knew that such fishing methods were forbidden, but he was ready to take the risk and get a chance to bring back a little bit more money for his family. However, one day, as he was sailing up the stream to go back home, he saw the police waiting for him, probably alerted by some people in the neighborhood.

The police officers arrested Pagna and seized his fishing equipment, boat and motorbike to use them as evidence in the case. One day after his arrest, Pagna was taken to the court and then to the prison to wait for his trial. The court officers informed IBJ about his case. Nop Kunthol, the IBJ lawyer in Banteay Meanchey province, met with Pagna in prison. Considering the circumstances of the case and her client’s personal situation, Nop Kunthol applied for bail. The first bail application was not successful due to administrative issues within the court. The judge agreed on the first bail application but did not properly fill in the document to transfer to the prosecutor. The latter, noticing the missing parts in the document, did not process the release on bail to avoid mistakes in procedure. Quickly, Nop Kunthol filled a second bail request which was successful.

Mr Pagna and his family in their home in Banteay Meanchey

In total, Pagna spent 4 months in pretrial detention. Those 4 months were very difficult for him. He was really worried about his family, especially given the fact that his wife was about to deliver their fifth child. His wife tried to find support from other organizations. When she heard about IBJ, she was skeptical about whether or not the lawyer’s services were free of charge. Now she trusts IBJ and spreads the word about the organization. Unfortunately, to date, Pagna has not been able to resume his work, as the court seized his equipment and his vehicle and did not allow him to get new ones. He will try to find a solution to earn some money. He and the IBJ lawyer are now waiting for the trial date, and will do their best to come up with a solid defense strategy and prevent him being sentenced to imprisonment and being away from his family again.