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Cambodia

Securing children’s rights in Cambodia

30/03/2006: Securing Children’s Rights in Cambodia is a project managed by DanChurchAid Cambodia. The project aims to decrease the level of excessive pre-trial detentions and to work towards ensuring that offenders obtain appropriate punishment for their crimes.

Working to improve the position of children in conflict with the law

Sovan is a 16 year old boy who together with three friends was caught by a teacher threatening fellow students at school. The teacher called the police and he was arrested. After an investigation Sovan was charged with robbery of a total of 10 000 riel, amounting to approximately $2.50. He spent four months in pre-trial detention before his case was heard by the court. After being convicted of robbery he was sentenced to five years in prison.

Sovan’s story illustrates just some of the problems with the way the Cambodian Criminal Justice system deals with juveniles.

Firstly, even though Sovan only stole $2.50, the fact that he did so with his friends meant that the authorities charged him with the more serious offence of robbery. As a result he could be held in prison for longer periods of time both before trial and after conviction.

Secondly, the maximum length of pre-trial detention for theft for a juvenile is two months. However, Sovan was held for twice the legal period; his case is not unusual. In research carried out by DCA Cambodia’s partner Legal Aid of Cambodia (LAC) researchers found that in three of the four prisons visited over 45% of the children interviewed had been held beyond the legal limit. Some reported being held for over a year.

Finally because Cambodia does not yet have a juvenile justice system young people are often sentenced to long periods in prison even for minor offences. Although the courts are supposed to consider reducing the sentence of a convicted child because of their age the law is unclear. The courts are therefore often reluctant to be lenient especially in the face of political and social pressure to be tough on young criminals.

Sovan and children like him are offered legal assistance as part of the Securing Children’s Rights in Cambodia project. The project, funded by the European Union , is managed by DanChurchAid Cambodia working with LAC and LICADHO .

The main activities in this area are carried out by LAC which provides legal services to juveniles accused of crimes and child victims. The project aims to decrease the level of excessive pre-trial detentions and to work towards ensuring that offenders obtain appropriate punishment for their crimes.

As part of this work LAC has carried out research into excessive pre-trial detention and access to legal representation in four prisons in the project areas. The research found that in many cases juveniles are being held beyond the legal limit for pre-trial detention, and that they have problems getting access to a lawyer at this crucial stage of the criminal justice process. Laws and procedures designed to protect children are not being correctly implemented because of the weakness of the overall system and its personnel.

The findings of the report were presented at a National Workshop on Juvenile Justice held in Phnom Penh in February 2006. The Workshop, organised by UNICEF , DanChurchAid and AusAid , with the financial assistance of the European Union , was hosted by the Ministry of Justice. By presenting the research results and recommendations to a national audience made up of key personnel from the juvenile justice sector it is expected that real change can be achieved.

A follow up on the Workshop activities and outputs will be provided in the next edition.

By Fiona Donson
fdonson@online.com.kh

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This publication has been produced with the assistance of the European Union. The contents of this publication is the sole responsibility of DanChurchAid and can in no way be taken to reflect the views of the European Union.