ACCESS TO LEGAL AID Presentation by Legal Aid

ACCESS TO LEGAL AID Presentation by Legal Aid of Cambodia Bangkok , 13 -13 August 2015 Mr. RUN Saray Executiva Director And Lawyer Legal Aid of Cambodia

LAC Legal Status Legal Aid of Cambodia (‘LAC’) is a non‐government organization that is independent, non‐profit and non‐ political. � LAC aims to provide quality legal aid services, legal and human rights education, outreach and advocacy services for the underprivileged in Cambodia. � LAC has 65 staff members (including 18 lawyers). � Provide legal services more than 500 clients in both civil and criminal cases per year.

LAC Vision and Mission LAC believes that: 1. Justice comes from adherence to just laws. 2. Delivering quality legal services contributes to a just society with the rule of law. 3. Good governanceleads togreater trust from relevant stakeholders. 4. Through staff commitment, LAC provides quality legal services to the underprivileged. Mission Vision A just and fair Cambodian society, where everyone enjoys equal rights before the law. Provide quality legal aid, legal and human rights education / outreach and advocate for theunderprivilegedin Cambodia in order to ensure access to justice, promote respect of law, human rights and advance legal and judicial reform.

Strategic Objectives Promote respect of law and human rights Access to Justice A just and fair society, where everyone enjoys equal rights before the law. Legal and Judicial Reform

Principles of Legal Aid �Legal aid is a fundamental human right and imperative to a fair and effective criminal justice system that is based on rule of law. �These rights include the right to a fair trial, access to legal aid services staring from police custody to end of legal proceedings.

Legal Framework �The right to access and to legal aid are found in the Constitution, Law on the Bar, Internal Regulations of the Bar, Code of Criminal Procedure, UDHR, ICCPR, CRC, UN Basic Principles on the Role of Lawyers, etc.

State Obligations and Responsibilities � The State has duties and responsibilities to : ‐ Enact specific legislation and regulations and ensure that a comprehensive legal aid system is in place that is accessible, effective, sustainable and credible. ‐ Ensure that anyone who is detained, arrested, suspected of, or charged with a criminal offence is entitled to legal aid at all stages of the criminal justice process.

Numbers of Lawyers in Cambodia �As of June 2014, a total of 899 lawyers (167 females) were listed in the Bar Association of Kingdom of Cambodia (BAKC), with a population of 14 million people � 725 lawyers are practicing lawyers � 44 Lawyers are non‐practicing who requested not practice law but remain on the list. � 33 lawyers are not in this BAR list but their status are still lawyers.

Legal Aid Services in Cambodia �In Cambodia, most of Legal aid services or representations are primarily provided by NGOs, with funding support from international donors. �The services provided by NGOs vary, however, do include representation, education, mediation and paralegal services.

Current Practice in Cambodia �Bar Association of the Kingdom of Cambodia works to provide legal aid to the poor. �However, the budget from the government for this purpose is insufficient to meet the needs of the poor. � A very small number of legal aid lawyers work in provinces of Cambodia

Current Practice in Cambodia �NGOs: specialist NGOs are the primary source of legal aid in Cambodia, though financing constraints and attached conditions are restricting their ability to deliver general legal aid or to direct legal aid towards areas (both thematic and geographical) of greatest need. �BAKC: providing legal aid services are thought to be largely ineffective. Low financing and issues with accessing finance contribute towards this. �Paralegals: are being successfully engaged in rural communities by some NGOs however their official status remains uncertain. �University Legal Clinics: the spread of law campuses is wide, however the quality of the students and education on offer is unknown, as is the potential quality of legal assistants.

Current Practice in Cambodia �Judicial Police: are required to offer access to a lawyer after 24 hours however the absence of such a service in rural areas is problematic. �Prisons: do provide access to lawyers and in many cases have separate interview rooms however do not actively promote nor supply information on legal aid. �Courts & Prosecution: request legal aid for hearings involving felonies and minors however this is often done only at the trial stage in order to satisfy procedural requirements.

Challenges/constraints in the delivery of Legal Aid services �Financial – insufficient finance �Legislative – constraints on increasing the number of lawyers and the types of assistance that can be offered by non‐BAKC members is inherent in the Law on the BAKC �Procedural – legal aid is not required to be sourced at the investigative stage of a case �Managerial – Government agencies do not understand their management responsibilities in relation to facilitating legal representation. �Professional – some lawyers do not act with sufficient professionalism when undertaking legal aid work

Challenges/constraints in the delivery of Legal Aid Services �Fraud & corruption – fake lawyers undermine confidence of people in rural communities and petty �corruption drives up the cost of cases and can be an impediment to people who cannot afford legal services. �Cultural and general lack of understanding of the role of lawyers – many people do not understand the difference between lawyers and judges and often believe they are the same. At times this results in the rejection of legal aid services offered in favor of using connections provided by those perceived to be wealthy or powerful individuals.

Banteay. Meanchey Battambang 1 2 Kampong. Cham Kampong. Chhnang Kampong. Speu Kampong. Thom 1 Kampot Kandal 1 1 Koh. Kong Kratie Mondulkiri 1 1 1 Phnom. Penh Preah. Vihear Prey. Veng TOTAL PJJ LSCW LICADHO LAC IBJ CWCC CLEC CDP BAKC/LA D* PROVINCE ASF/BAK C** Organization ADHOC Numberand. Locationof. Legal. Aid. Lawyers(asof. Aug/Sep 2010) 1 2 3 1 1 2 1 1 1 Table 1 1 2 1 1 1 5 4 15 2 1 1 19 6 2 3 17 5 5 4 78 1 2 1 Pursat Ratanakkiri Siem. Reap Preah. Sihanouk 1 1 2 1 Stung. Treng 1 1 Svay. Rieng 1 1 Takeo 1 TOTAL 2 22 1 2 2 2 6 1 1 15 22 6 4 6 2 27 * Accordingtoinformationbythe. BACK, only 8 outofthese 15 lawyersworkfull-timeonlegalaid. **The. ASF-supportedschemeprovidesonenon-fulltimelawyerpereachprovincialcourt, withtheexceptionof Battambangand. Siem. Reapwhichhaveeach 2 lawyers. 8 5 6 4 119

Suggestion/recommendations �Increasing the number of lawyers: That the number of lawyers, particularly those based in the provinces, be increased above the current rate set by BAKC. �Formalizing the use of paralegal services: Paralegals are provided with a definition, minimum requirements and the ability to officially interact with the formal justice sector. �Promotion of pro‐bono services: Conditions are created to promote the use of pro‐bono services in Cambodia �Government funded legal aid service: The RGC finances legal aid lawyers in all provincial locations.

Thank you for your attention