Heng Lay Him, 20, comes from a humble farming family in Prey Veng Province.  On 11 November 2011, he was charged with murder.

At the age of seventeen, Lay Him left school in grade seven to start work as a truck driver.  His father had sold most of the family’s rice fields, squandering away the profits for alcohol. So it was up to Lay Him to provide support for food and education for both his 8 year old sister and 16 year old brother.

Shortly after midnight on 10 November 2011, Lay Him called his uncle to tell him that he had stabbed and killed his father.  Fifteen minutes later he was arrested by the police and the following day he was charged with murder by the Investigating Judge.

As is usual in felony cases, Lay Him’s case had to be assigned to a defense lawyer before the case could proceed to trial.  On 15 November 2011, the court assigned his case to IBJ’s lawyer, Mr. So Bengtharun.  During trial Mr. Bengtharun asked him a question that changed Lay Him’s fate.

Mr. Bengtharun asked Lay Him why he had stabbed his father.  Lay Him went on to explain that his father was a violent drunk.  He would often fire a gun into the air, or throw homemade bombs into the rice fields.  The family lived in fear.  At its most costly, his father’s violence caused such extensive damage to his mother’s foot that she was left permanently disabled; unable to walk or work.  Three years later she died.  While Lay Him gave this information in court he and his family members were brought to tears.

Lay Him explained that on the on the night of the incident, his father had come to him demanding money.  Lay Him tried to flee through the backdoor but was trapped by his father.  His father turned violent, and Lay Him tried to defend himself by stabbing his father.

Cambodian law prescribes a sentencing period of between ten to fifteen years imprisonment for charges of murder.  As a result of Lay Him’s story of family abuse, in March 2012 he was sentenced to four years in prison.  IBJ’s lawyer, Mr. Bengtharun, had successfully argued for a reduced sentence, emphasizing his father’s harmful lifestyle, use of domestic violence and the responsibility placed on Lay Him to care for his younger siblings.

During Karen’s recent trip to Cambodia we spent an afternoon in Kandal prison with the purpose of meeting all the female and juvenile prisoners. It was a privilege to visit Kandal prison with both Karen and Vandeth, a place Karen first worked back in 1994.

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.

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.

* 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.

IBJ’s National Defender Resource Center in Beijing is in the process of expanding library access for China defenders and IBJ trainers, through a law book donation drive and a bilingual library system for ready access to its legal resources.
Since January, IBJ has solicited and received legal resource donations from the U.S. and Hong Kong universities. The City University of Hong Kong, the University of California, Hastings School of Law, and Seattle University School of Law donated a total of 29 law books to IBJ’s Beijing office. The City University of Hong Kong donated seventeen books, Seattle University School of Law donated nine books, while the University of California, Hastings School of Law donated three books and is in the process of donating more books to IBJ China.

Professor Keith Hand, Associate Professor of Law at UC Hastings, visited the Beijing office to personally deliver three law books, as well as meet with IBJ staff to discuss future projects

The donated English and Chinese language law books mostly focus on the critical areas of trial advocacy, criminal procedure and criminal law. The books will be available as a resource for IBJ trainers and Chinese defenders.
Concurrent to the donation drive, IBJ is engaged in creating a bilingual library system that has a detailed catalogue of its physical and electronic legal resources. The library system will include resources from both the Wuhan and Xi’an offices. An expansive bilingual library that can provide international comparisons of criminal laws, procedures, and trial advocacy is a critical tool in IBJ’s training and support of China’s criminal defense lawyers.

This past weekend, approximately 55 defense attorneys from Changsha, Hunan Province gathered on the premises of Hunan University’s School of Law to participate in an interactive training with both Chinese experts and IBJ foreign legal professionals. Located just steps away from one of China’s four ancient institutes, the Yuelu Academy, the location provided the perfect setting for both an academic analysis of China’s new Criminal Procedure Law and a skills training on using expert witnesses.

Attorney Kendall Goh delivers training

Our co-host, Professor Qiu Xinglong is considered a hero among many defense attorneys for his writings on death penalty abolition and his many case success stories, helping facilitate lively discussions among the attorneys on the first day.  On the second day, participants listened to a presentation on expert witnesses by IBJ training consultant Kendall Goh, an experienced death penalty defense attorney with over 20 years experience. She shared stories from her practice, described forensic analysis tools, and spoke with participants about using experts within an environment of scarce resources. Following the presentation, the attorneys were divided into four groups to analyze a hypothetical case and role play their arguments on the necessity of using an expert witness in the case under the new Criminal Procedure Law.  At the end of the group sessions, the teams modeled their mock hearing for one another.

Participants role play their arguments

The training concluded with a certificate ceremony. Professor Qiu, long-term IBJ partner Professor Wang Xiumei of Beijing Normal University’s College for Criminal Law Science, Attorney Kendall Goh, and IBJ’s China Program Director Aurora Bewicke presented each lawyers with a continuing legal education certificate, commemorating the event.

Professor Qiu Xinglong, Professor Wang Xiu Mei, and IBJ China Director Aurora Bewicke during certificate ceremony

For the past two weeks I have had the fortunate experience of working alongside the International Bridges to Justice (IBJ) team in Rattanakiri, a remote province in far north-eastern Cambodia. I have seen a lot that words simply cannot describe.

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.

and Nastasia Bach

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.

This past Thursday, March 29, 2012, International Bridges to Justice
organized a roundtable event to discuss the impact and significance of
China’s new Criminal Procedure Law (CPL). The event was attended by top
Chinese and foreign scholars in the field, UN representative, and over a
dozen diplomats. Held in Ford Foundation’s China headquarters, the
purpose of the roundtable was to discuss the changes to the CPL, the
effects it would have on criminal procedure in China, and implementation
strategies.

The event lasted three hours, and was received with enthusiasm from the
attendees. The roundtable opened with an introduction to IBJ, followed by five
substantive presentations on the changes, including:  the new CPL’s effect on
trial investigations, adjudication, juvenile cases, investigative techniques,
cases involving defendants with mental illness, and the new anti-torture
provisions in the CPL. IBJ’s China Director Aurora Bewicke presented on the new
CPL’s impact on the work of defense attorneys in China. Presentations were
followed by a discussion period, on topics such as plea bargaining, judicial
independence, and implementation challenges.

Importantly, the new CPL incorporates many positive provisions designed
to protect the rights of the accused, including earlier access to
counsel, expanded Legal Aid, mechanisms to compel witnesses to testify
at trial, discovery procedures, additional protections for juveniles,
the right against self incrimination, and enhancement of the presumption
of innocence. The changes to the CPL will officially come into effect
on January 1, 2013.

This January, as China celebrated the Spring Festival and another new
beginning in the Year of the Dragon, Attorney Zhu Changjiang received a
phone call early one morning from a familiar voice. Pengpeng, Attorney
Zhu’s 17-year old former Legal Aid client, was calling to wish him a
Happy Spring Festival, continuing a friendship they both still consider
very important.

In 2010, Pengpeng, a local in Shaanxi’s Fufeng prefecture, was forced to
drop out of school due to financial instability after his father passed
away. Later that year, while working at a local car wash, Pengpeng and a
coworker came across a forgotten wallet in the backseat of the car they
were working on. In desperation, Pengpeng and his coworker split the
cash in the wallet, and discarded the evidence.

Months later, in early 2011, the owner of the car reported the missing
wallet, and investigators brought Pengpeng in for questioning.
Afterward, he was arrested and prosecuted on suspicion of theft by the
Xi’an People’s Court. Because Pengpeng was a minor at the time, the
city’s procuratorate assigned Attorney Zhu the case, as a Legal Aid
representative.

Using training received through IBJ’s Duty Lawyer Program, Attorney Zhu
took up the case immediately. He first attained all the case files from
the local procuratorate, then met directly with Pengpeng at the
detention center. Pengpeng admitted to the theft and wanted to
compensate the owner of the wallet. Attorney Zhu helped him to reconcile
with the victim and appeal to the procuratorate for prosecutorial
immunity.

Attorney Zhu advised Pengpeng to plead guilty, and promise restitution
to the owner of the wallet. Attorney Zhu then appealed to the
procuratorate review committee for immunity from criminal prosecution,
because it was Pengpeng’s first offense, and he had repented for his
actions.

The procuratorate agreed with Attorney Zhu’s appeal, and granted
Pengpeng immunity from criminal prosecution, giving him, instead, six
months of community service.

In the months that followed, Pengpeng realized how lucky he was to have
such a proactive lawyer. Instead of serving jail time, he was released
and could go back to work, providing for his family. Every week of his
community service, he and Attorney Zhu spoke on the phone, and at least
once a month they met in person. After the six months had come to a
close, Pengpeng returned to normal life. Since the end of the case,
though, attorney and client have remained in close contact, and Pengpeng
remains ever grateful for the help he received.

Attorney Zhu with Duty Lawyer Juvenile Client, Fei Pengpeng

Currently, Attorney Zhu and other IBJ Duty Lawyers continue to work on
Legal Aid cases, representing the less fortunate, and fighting for
justice.

and Nastasia Bach

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.

• Mr Vandeth, His Excellency Bun Honn taking questions from the audience

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• Mr Vandeth and His Excellency Bun Honn

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• Mr Vandeth, His Excellency Bun Honn taking questions from the audience

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• The audience

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