In the Phnom Penh Municipal Court, 19 of the 81 minors put on the dock this year did not have a lawyer at their trials
- From: Chim <ChimS1@xxxxxxx>
- Date: Mon, 20 Oct 2008 05:26:46 -0700 (PDT)
http://www.phnompenhpost.com/index.php/2008102022212/National-news/Juveniles-denied-right-to-lawyers.html
Juveniles denied right to lawyers
Written by Thomas Gam Nielsen and Chrann Chamroeun
Monday, 20 October 2008
New figures expose absence of legal aid for child offenders
ALMOST a quarter of children on trial for crimes in the first eight
months of 2008 did not have access to a lawyer, new figures from court
monitors have revealed.
According to the Centre of Social Development (CSD), 23.6 percent of
the 230 juveniles in court between January and August this year were
left undefended.
This, despite a new criminal procedure from 2007 giving every accused
child the right to legal representation.
Pen Rany, head of CSD's Legal Unit that monitors seven provincial and
municipal courts, as well as the Appeals Court and Supreme Court, is
urging the government to take action.
"Most of the minors always confess, and we do not know whether they
confess intentionally, or if they have been forced to confess
physically or psychologically," she said.
"Only the presence of a lawyer can help defend the accused minor."
Minister of Justice Ang Vong Vathana disputed the CSD's data, saying
to not have a lawyer went against the rules of the court.
"The criminal law stipulates that minors must have lawyers for serious
crimes like rape and murder ... so it is not right for CSD to say
there are no lawyers for minors," he told the Post last week.
But he admitted the court sometimes has difficulties finding lawyers
for young offenders.
"Sometimes the trial must continue without a lawyer because the court
is busy," he said.
"Also, the cases cannot be postponed, similar to cases [where people
are judged] in absentia," he said, adding that it was the judge's
decision whether or not to continue a trial.
--------------------------------------------------------------------------------
Most of the minors always confess, and we don't know if they have been
forced to confess.
--------------------------------------------------------------------------------
Denial at municipal court
In the Phnom Penh Municipal Court alone, 19 of the 81 minors put on
the dock this year did not have a lawyer at their trials, according
to CSD figures.
But Ke Sokhan, the court's deputy chief, adamantly denied an absence
of lawyers and told the Post that his court always provides legal aid.
"I deny the CSD figures saying that our court sometimes does not find
a lawyer for minors. They are not true," he said, calling the claims a
"slandering of the court".
Pen Rany was not surprised by the court's reaction. "The message is
always the same, some deny and others try to find an explanation," she
said.
She believes that there is a general lack of lawyers, especially for
poor people and minors. When a judge notes that the family cannot pay
for an accused child's lawyer, he appoints the Cambodian Bar
Association to find one.
But Sunong Chanthan, a former director of the Bar's Legal Aid
Department, confirmed the lack of lawyers.
"We have five lawyers for juveniles in the whole country. It is not
enough," he said, adding that the government gives $US50,000 each year
to assist poor people in hiring lawyers, but that an additional
$40,000-50,000 from Unicef ended last year.
"I will be requesting the new president of the Bar Association to find
partner organisations to give financial support to lawyers, as well as
setting up a special bureau for juvenile defendants," he added.
Holes in the law
Whereas the code of criminal procedure in Cambodia states that adults
who are charged with minor crimes may not be appointed a lawyer, the
law mandates that children "always" have the right to a lawyer,
regardless of their crime.
The law itself, however, does not define what a "child" is considered
to be.
Pen Rany said the CSD takes the definition from the UN's Convention on
the Rights of the Child, which says that a person under the age of 18
is a minor.
She added the situation in the courts was improving, but it was hard
to tell by how much.
But, she said, it is the principle at stake.
"Even if there was only one percent who was without a lawyer, it is
still a violation of a child's right to be defended," she said.
.
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