and Nastasia Bach

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.

Ibj cambodia staff

* 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.