2010 Annual Report
Supported by:
Legal Aid of Cambodia
#51 Street 608, Boeng Kak II
Khan Toul Kok, Phnom Penh,
Cambodia
Tel: (855-23) 883 914 / 24
Fax: (855-23) 880 914
Website: www.lac.org.kh
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Contents
LAC Mission & Vision ..................................................................................... 3
Strategic Objectives ...................................................................................... 4
Highlights .................................................................................................... 5
LAC Structure .............................................................................................. 6
Supervisory Board ........................................................................................ 7
Executive Director’s Review ............................................................................ 9
Fair and Just Trial Standards ........................................................................ 11
Programs ................................................................................................... 13
Child Justice Program (CJP) ...................................................................... 14
Objective ............................................................................................. 14
Geographic Scope ................................................................................. 14
Legal Aid .............................................................................................. 14
Projects ............................................................................................... 15
Outcomes ............................................................................................ 15
Women’s Justice Program (WJP) ................................................................ 17
Objective ............................................................................................. 17
Legal Aid .............................................................................................. 17
Projects ............................................................................................... 18
Outcomes ............................................................................................ 18
Land Law Program (LLP)........................................................................... 20
Objective ............................................................................................. 20
Geographic Scope ................................................................................. 20
Legal Aid .............................................................................................. 20
Outcomes ............................................................................................ 21
General Legal Aid .................................................................................... 22
Kandal Model Court ............................................................................... 22
Khmer Rouge Tribunal (KRT) .................................................................. 24
Labor Trafficking Project (LTP) ................................................................ 27
Administration/Human Resources .................................................................. 28
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LAC Mission & Vision
4
Strategic Objectives
5
Highlights
665 of LAC’s clients were admitted to the Extraordinary
Chambers in the Courts of Cambodia as civil parties,
allowed to participate in the court proceedings and eligible to claim moral and collective
reparations.
2166 hectares of land were returned to their
rightful owners because of LAC’s
representation, a 59% increase in the amount of land
effectively defended by LAC in the last
year.
LAC’s programs
strengthened their
working relationships
with range of
government ministries,
official, and law
enforcement personnel.
LAC’s programs
resolved more cases
for their clients in
2010 than in the last
year.
All programs reported that the
vast majority of their clients
received fair trials, with the
Women’s Justice Program
reporting that 96% of their
clients’ trials were fair.
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LAC Structure
Supervisory Board
Executive Director
Finance Manager
Land Law Program
Women JusticeProgram
Child Justice Program
General Legal Aid
Directors’ Consultant
Project Managers
Project Managers
Project Managers
Project Managers
Staff Representative
Committee
Management Team
Legal Director
Administrative & Human Resources Officer
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Supervisory Board
Ms. Chim Manavy, Chair of the Supervisory Board Executive Director, Open Society Institute Address:# 61, Street No 261, Tuol Kok district, Phnom Penh, Cambodia Mobile:+855 12 964 286 Email: [email protected] or [email protected]
Nick Rine Professor Clinical Law Program Address: University of Michigan Law School 360, Legal Research Bldg Ann Arbor, MI – 48109 – 1215 United States of America Mobile:+1 734 358 0398 +855 12 801 321 (in Cambodia) Voice +1 734 763 4319 Fax +1 734 764 4702 Email [email protected]
Prof. Sun Channdara Wuddh Executive Director CTC, Professor at RULE, Attorney of Law Address: #32, St.188, Sangkat Phsadepo I, Khan Tuolkok, Phnom Penh, Cambodia Mobile:+855 11 777 777
+855 12 345 666 +855 16 711 111
Fax: +855 12 801 699 E-mail: [email protected]
Touch Bora Private lawyer Address: P.O. Box 804 Fairfield NSW 1860, Australia Tel: +612 93 10 72 90
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Email: [email protected]
Francis James Chief of l'Unite Justice Address: Division des Droits de l'Homme et Justice, Bureau Integre des Nations Unies au Burundi (BINUB) Mobile +257.79.910.580 Mobile +1 212 963 2842 x5205 (NY) Email: [email protected] or [email protected]
Sounpraseth Prum (Praseth) Associate at Allens Arthur Robinson (Cambodia) Address: 72 Street V1, off road 273, Toul Kok, Phnom Penh, Cambodia Mobile: +855 12 800 188 Email: [email protected]
Justice Colleen Moore Former Justice of the Family Court of Australia Address:15-17 Fitzgerald Street, Camperdown, Sydney 2050, Australia Tel: (Sydney) 02 9217 7116
(Aus) 0419 128 272 Email: [email protected] or [email protected]
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Executive Director’s Review
Dear readers,
2010 marked the fifteen anniversary of Legal Aid of Cambodia, and LAC can be proud of what has been achieved over the last decade and a half. When LAC began in 1995, it was one of first Khmer-directed non-governmental organizations, and it operated with a small but dedicated staff. Its founders believed that a fair and just Cambodian society can only be accomplished when every Cambodian man, woman, and child enjoys equal rights before the law.
Today, LAC continues to uphold the same principle through its provision of legal aid and education, outreach, and advocacy work across Cambodia. LAC has grown to become one of the most well-established and well-respected NGOs protecting human rights in the country. In order to accomplish our mission, we collaborate with a wide range of stakeholders such as our clients and community members, national and international NGOs, national and local government officials, and the media. Our staff of over 70 professionals work on many of the most pressing human rights issues, ranging from unlawful land seizures to women’s and children’s rights. Whether representing victims of the former Khmer Rouge Regime before the Extraordinary Chambers in the Courts of Cambodia or fighting against excessive pre-trial detention periods for prisoners, LAC strives to create a more free, fair, and accountable judicial system.
LAC’s work in the last year has increased the impact of its four programmatic areas—General Legal Aid, Women’s Justice, Child Justice, and Land Law— and improved the quality of legal aid provided in Cambodia. We have begun to work with new issues, such as labor trafficking, to respond to the arising legal challenges facing Cambodians. I invite you to review the organization’s accomplishments in more detail in this 2010 Annual Report.
We are particularly proud that our programs provided more legal aid in 2010 than they did in 2009. Our staff worked with more clients to resolve their legal problems, and the vast majority of clients received fair trials. LAC’s advocacy work outside the courtroom pushed for free and fair trials through training police officers,
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judicial officials, judges, and prosecutors on their roles and responsibilities. At the same time, we worked with civil society partners and media sources to emphasis government accountability in holding fair trials. Through village trainings, radio talk shows, and other forums, we taught community members about their rights; they, in turn, began to claim their rights, informing police that they could not torture detainees and demanding respect for their rights from local government officials. In a year with record numbers of land seizures, an increasing incidence of human trafficking, and other human rights abuses reported on a daily basis, LAC’s work remains a beacon of hope. Now more than ever, it is essential that LAC continues to provide legal aid to the Cambodia’s most vulnerable populations and to fight for a more free and just society.
In closing, we at LAC offer thanks to our clients who continue to put their trust in LAC to represent them and to our donors who provide the much needed financial support to sustain our activities. We thank our allies in government, civil society, and communities across the country, who believe that together we can create a better Cambodia.
Mr. Run Saray
Executive Director,
Legal Aid of Cambodia
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Fair and Just Trial Standards LAC uses the following standards to evaluate if its clients receive fair and just trials. LAC’s programs work to promote these standards in order to improve due process.
A fair and just trial is defined as following:
Civil cases:
The procedure of the case was conducted properly
Criminal cases, on behalf of accused:
Accused person has the right to:
appear before a competent, independent, impartial court
be informed of his/her charges
inspect the case file
legal representative/legal assistance
be free from self-incrimination or forced confession
have a speedy trial
examine witnesses who testify against him/her
be presumed innocent until proven guilty
call witnesses and present evidence
recuse/remove judges whom he/she thinks are biased
be equal before the law
have a public trial
file a motion to suppress evidence
appeal against a judgment
ask the court to reduce the punishment
no double jeopardy
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ask the high court to review his/her case.
fair compensation
The procedure of the case was conducted properly:
The client was acquitted of the charge and found not guilty whenever that seemed just; or
The client’s charge was changed to a lower charge whenever that seemed just; or
Mitigating circumstances were taken into consideration in the case when applicable; or
The punishment was in accordance with the offence committed by the client and in accordance with the findings of the investigation by the lawyers; or
The punishment of the client matched the crime the client were found guilt of; or
The client found no reason to appeal.
Criminal cases on behalf of the victim:
The procedure of the case was conducted properly;
Fair compensation was defined as a compensation that is proper compared to the damage;
The perpetrators were found guilty and punished accordingly.
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Programs
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Child Justice Program (CJP)
Objective Promote awareness of and respect for children’s rights as in the UN Convention on the Rights of the Child through providing legal aid to children in conflict with the law and child victims of crimes.
Geographic Scope Phnom Penh, Kandal, Svay Rieng, Prey Veng, Takeo, Kampong Speu, Kampong Cham, Kampong Chhnang, Ratanakiri, Siem Reap, Preah Vihea, Kampong Thom, Odor Meanchey, Battambang, Banteay Meanchey, Pursat, Pailin, Sihanoukville, Kampot, and Koh Kong.
Legal Aid Case Load
197
157
209 225
0
50
100
150
200
250
Open Cases Closed Cases
2009 2010
Figure 1 Vocational Training
4%
63%24%
9%
Case Outcomes - Child Justice Program
Dropped Won Lost (Fair Trial) Lost (Unfair Trial)
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Projects Preventing Violence Against Children, Providing Legal Aid to Juvenile
Detainees in Correctional Center 2, Enhancing Implementation of the United Nations Convention on the Rights of the Child (UNCRC) and Cambodian Law in Battambang Province, Promotion of the UNCRC in Battambang Province, Community Based Prevention, Diversion and Rehabilitation Program for Children at Risk and Transition Services for Child Prisoners.
Outcomes
Children’s rights are respected and alternatives to the prison system are found for children in conflict with the law through community efforts
A growing awareness and use of diversion programs (rehabilitation instead of a prison terms) has become apparent during 2010. 38 diversion plans for children in conflict with the law were created in Battambang alone last year. This can largely be attributed to the activities of the Child Justice Program (CJP), working closely with local police, prosecutors and court officials.
Re-offending rates drop as a result of vocation training provided to children
Of the children in conflict with the law in Battambang province who have received vocational training, none have reoffended. Ten children in Battambang prison are currently receiving vocational training.
Juvenile Justice Law (JJL) drafted to protect children in conflict with the law
LAC and partner organizations created a draft of the Juvenile Justice Law (JJL), sent it to the government for review, and participated in a national workshop on the JJL with government officials, civil society members, and children.
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Backlog of Juvenile cases cleared from Correctional Center 2 in Phnom Penh and Improvements made in the Juvenile justice system
Through CJP’s persistence with the court and presence in interrogations, the backlog of juvenile cases has been cleared from CC2 and, currently, there are no CC2 juvenile cases waiting to be heard at the Court of Appeal. An increased number of children are now receiving fair trials.
Figure 2 Program Director Mr. Op Vibol speaking at the 23rd Law Asia Conference
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Women’s Justice Program (WJP)
Objective Provide access to legal aid to vulnerable women and help create a more responsive and gender-sensitive judicial system.
Geographic scope: Siem Reap, Battambang, Banteay Meanchey, Kampong Thom, Prey Veng, Kampong Cham
Legal Aid Case Load
Figure 3 LAC Lawyer meeting with clients
Case Outcomes 50%
34%4%
12%
Dropped WonLost (Fair Trial) Lost (Unfair Trial)
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Projects
Women in Distress and Women in Conflict with the Law
Almost one quarter of Cambodian women report being a victim of domestic violence (UNIFEM, 2004). LAC’s Women in Distress Project works with these women to find legal solutions to their problems. The Women in Conflict with the Law Project defends women detainees and educates police and government officials on women’s rights.
Outcomes
96% of clients received fair and just trials or had their cases dropped due to insufficient evidence. Fairer trial outcomes achieved through strengthened relationships with prosecutors.
WJP has established a strong relationship with the prosecutors in Siem Reap and Battambang who lead monthly meetings at the request of WJP about justice and rights of women and children.
Figure 4 LAC staff leads meetings and trainings with stakeholders.
Improved prison conditions achieved for detained women following WJP training of prison officials
WJP conducted training on criminal law and procedure with judicial and prison officials. This has led to improved treatment of women as the officials become
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aware of women’s rights. This has also led to an increased awareness of rights amongst detained women.
Increased trust and presence of LAC leading to more women seeking legal help
Even when women have high levels of distrust in authority, they are going to NGOs such as LAC to seek legal assistance. This can be attributed to an increase in knowledge about their rights and an increased presence of LAC.
Figure 5 LAC holds a workshop in Siem Reap on obstacles facing women pursing a divorce.
Reduced number of women receive excessive pre-trial detention
LAC has been working to improve court procedures. As a result, judgements are made more quickly and women are less likely to be excessively detained before their trial.
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Land Law Program (LLP)
Objective Provide legal aid and training to poor and indigenous groups involved in land disputes in order to help them retain their land and protect it for the future.
Geographic Scope All Cambodian provinces
Legal Aid Caseload- Land Law Program
20 21
5 6
0
5
10
15
20
25
Open Cases Closed Cases
2009 2010
Figure 6 LAC Lawyer conducts a group meeting Hectares Under Dispute- Land Law Program
0500
1,0001,5002,0002,500
2009 2010
1,364
2,166
2009 2010
Figure 7 Lawyer investigates a case
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Outcomes
2166 hectares of land were returned to their original owners 2166 hectares of land were maintained by their original owners after LAC’s intervention in land dispute cases, representing, 59% more land protected by LLP in 2010 than in 2009.
Effective use of the new anti-corruption law leads to more accountable officials following fair practices
LAC has successfully held officials accountable in land dispute cases using the new anti-corruption law and the prospect of adverse media coverage. When officials are informed about the consequences of corruption under the new law or when they consider the effects of negative media coverage, they have been more likely to use fair practices in land dispute cases.
Increase in fairness in land law cases
Through LAC’s advocacy work, training, and use of the media, courts showed an increased willingness to commence land dispute trials instead of indefinitely delaying them. Nine of LAC’s clients were released out of detention in Battambang.
Land dispute victims effectively navigate legal processes and protect
their land
LLP taught community members involved in land dispute cases how best to argue their case in court and how to work with government officials to help obtain fair and just outcomes.
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General Legal Aid
Kandal Model Court
Objective Increase access to justice for poor Cambodians through improving the functioning of the judicial system in the context of specific prisons and courts.
Geographic Scope Kandal, Banteay Meanchey, and Phnom Penh
Legal Aid
Caseload
135
46
182
218
0
50
100
150
200
250
Open Cases Closed Cases
2009 2010
Figure 8 Lawyers investigate a case
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17%
42%22%
19%
Case Outcomes
Dropped Won Lost (Fair Trial) Lost (Unfair Trial)
Outcomes
Women were removed from provisional detention in 37 cases
These women were removed from provisional detention due to requests for bail by LAC staff and some cases were dropped entirely due to insufficient evidence. This demonstrates an improvement in due process brought about by conducting regular meetings with the court’s president about legal rights of the accused and the adoption of better court practices.
Increased community confidence in using formal judicial procedure rather than bribery
As LAC provides representation free of charge, community members observe that fairer results in Kandal Model Court and are more willing to follow the formal judicial process rather than relying on it only if bribery fails.
LAC established a model court project in Banteay Meanchey province
Due to the success of the KMC, LAC has begun a similar project in Banteay Meanchey province. Banteay Meanchey has a particularly bad crime record and a severe lack of lawyers; the establishment of the project provides people living in the province with hope for a fairer legal system and increased access to justice.
Reduction in pre-trial detention in model court jurisdictions
After trainings and meetings with LAC, judges began applying Articles 247 and 249 correctly resulting in detainees not being kept in illegal detention.
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Khmer Rouge Tribunal (KRT)�Victim Participation in the Khmer Rouge Tribunal Project
Objective Promote accountability of former Khmer Rouge leaders through representing victims of the regime before the Extraordinary Chambers in the Courts of Cambodia (ECCC or Khmer Rouge Tribunal).
Geographic scope All Cambodian provinces
Projects
Maât Project, Khmer Krom and Vietnamese Support Project, and Legal Assistance to Civil Parties at the ECCC Project
The Maât Project focuses on providing representation to Cham Muslims and other victims of religious persecution, the Khmer Krom and Vietnamese Support Project represents Khmer Krom, ethnically Vietnamese, and other victims affected by discrimination for the two ethnic groups, and the Legal Assistance to Civil Parties at the ECCC Project represents a range of Khmer victims in Cambodia and abroad.
Legal Aid Provided The three projects provided legal representation for a total of 1218 victims of the Khmer Rouge Regime who applied to be civil parties to the ECCC. Civil parties are recognized parties in the court proceedings and are allowed to claim moral and collective reparations. The ECCC admitted 665 of the projects’ clients as civil parties in September 2010. The projects are currently appealing to have their remaining clients admitted as civil parties.
Maât Project
277 278
Admitted ClientsNot yet Admitted
KKVS Project
143
117
Admitted Clients
Not yet Admitted
ad
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245
149
Legal Assistance to Civil Parties at the ECCC Project
Admitted Clients Not yet Admitted
Outcomes
The projects are making former Khmer Rouge leaders accountable to victims through facilitating civil party participation in the tribunal. Furthermore, the projects empower victims to know their rights and participate in judicial proceedings.
Figure 9 LAC Lawyer gathers information from her clients
Through attending meetings, workshops, and interviews that the teams held across various Cambodian provinces, civil parties actively contributed to discussions about the cases and possible collective and moral reparations sought from the court.
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The teams maintained frequent communication with their clients through creating a process of selecting and training provincial representatives to liaise with their clients.
Figure 10 LAC Outreach team updates clients on court proceedings and their civil party application status
The teams identified potential witnesses for Case 002 and sent supplementary information to the prosecution to strengthen their case.
Figure 11 LAC staff at a Regional Civil Party Forum
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Labor Trafficking Project (LTP)In response to the growing problem of labor trafficking in Cambodia, LAC has developed the Labor Trafficking Project. The new project works towards increasing the accountability of the Cambodian judiciary and government to trafficking victims through fostering collaboration and cooperative advocacy efforts amongst civil society, providing free legal representation and consultation to trafficking victims, and training the judiciary and relevant government actors on legal issues related to trafficking.
Figure 12 A depiction of a young girl being exploited by her employer
Geographic Scope Phnom Penh, Battambang, Banteay Meanchey, Svay Rieng, Kampong Cham, Prey Veng, Siem Reap, Kandal, Sihanoukville, and Koh Kong Timeline November 2010- August 2011 Donor The Asia Foundation through USAID Objectives
Facilitate collaboration between stakeholders to raise awareness of the
labor trafficking situation and advocate for policy change.
Improve access to justice for victims of labor trafficking.
Develop and disseminate recommendations to combat trafficking and
improve labor trafficking trials.
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Administration/Human Resources
Staff employed at LAC 72 staff in total including 26 Lawyers
Male: Female Staff Ratio
43
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Male Female
Newly Recruited Staff
In 2010, LAC recruited 13 staff to work in LAC comprising:
Four lawyers and seven legal assistants to work in the Child Justice, Program,
the Khmer Rouge Tribunal, Women’s Justice Program and the Labor Trafficking
Project.
An Advocacy Officer to work in the Child Justice Program
A Database Assistant to support LAC’s case management database.
Rotated and internally promoted staff
LAC strives to develop the capacity of its people and in 2010 five staff received
promotions and 11 were rotated within LAC to broaden their experience and
respond to program demands.
No Longer with LAC
During 2010, eleven people left LAC either due to resignation or the completion
of their project.
Volunteers
LAC has been pleased to draw upon the support of skilled volunteers who have
given their time to LAC over the past year. Nine Cambodians and 20 foreign
volunteers have contributed significantly to the activities of LAC during 2010.
