Legal Aid of CambodiaBangkok, 13-14 August

2015 Mr. RUN Saray

Executiva Director

and Lawyer

Legal Aid of Cambodia

VICTIM’S REMEDIESPresentedPresented

Victim’s Remedies A right to a remedy for victims is found Article

8,UDHR, article 2 ICCPR, 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and article 39 of the Convention on the Rights of the Child, and other international laws , etc.

It is also found in Cambodian Constitution, Criminal Code of Cambodia, Civil Code of Cambodia, Land law of Cambodia.

International law

State has duties to : Respect, ensure respect for and implement law, Take appropriate legislative and administrative

and other appropriate measures to prevent violations;

Investigate violations effectively, promptly, thoroughly and impartially and, where appropriate, take action against those allegedly responsible in accordance with domestic and international law;

Provide victims with equal and effective access to justice,

Provide effective remedies to victims, including reparation.

Victims’ Right to Remedies

These law allow the victims to seek: - Equal and effective access to justice; - Adequate, effective and prompt reparation for harm suffered; - Access to relevant information concerning violations and reparation mechanisms.

Criminal law

Victim of an offence can file a complaint to the prosecutor, who will prosecute

Victim of a felony or misdemeanour can file a complaint as plaintiffs of a civil action before the investigating judge.

Civil Action

Damages available: Damages Giving back the property that has been lost Restoring damaged or destroyed property to its

original state

Property Law Loss of house in eviction Government has a duty under international

law and Cambodian Constitution to make sure you have access to adequate housing somewhere else – means access to all basic facilities and livelihood opportunities, regardless of whether occupation of land was legal or illegal

Property Law Owners should receive compensation when:

1. Illegally evicted by a person or company 2. Illegally evicted by the government 3. Property owner legally evicted by the

government for a public interest reason Not entitled to compensation when you are

occupying land which you have no right to occupy

Property Law Illegal eviction by private person/government

gives you the following rights: 1. Court order for them to stop immediately 2. To ask the police for help 3. Compensation for any harm caused to you or

your property

Property Law Calculation of compensation:

Equal amount to the value of the property that was damaged or taken away

Remedies for illegal eviction before it has happened: Injunction – Court order stopping the eviction

Remedies for illegal eviction after it has happened: Court order ordering return to land

Compensation

Crime victim Compensation In Cambodia, there is no crime victim

compensation from a government program to reimburse victims of violent crimes- such as assault, homicide, rape, and other crimes as well as their families for many of their out-of-pocket expenses.

However, MoSVY has rehabilitation and Vocational Training program to provide medical and psychological care as well as legal and social services.

Current Practice In Cambodia, victims of human rights violation

and land eviction do not receive a fair and reasonable compensation or at all.

Victims organized peaceful demonstration to demand their rights back and the government uses military force against the demonstrators.

Victims thereof become double victimized: they lose their land and they are prosecuted and accused of disturbing peace and public order.

Government fails to fulfill its obligation to protect the rights of citizens, prosecute, and ensure victims to get compensation.

Current Practice No independent judicial system, court

judgment is always in favor of the ranking powerful or rich party.

In ordinary cases, it is very difficult for victims to compensation even though they have judgment in favor of them

Enforcement of judgment is very week, take long time and very complicated.

ECCC , Khmer Rouge cases, there is no money compensation for individual victims but reparation for collective victims.

Current Practice Victims of violation of human rights did not

receive any compensation from the government when the government used military force to suppress demonstrators demanding for increasing salaries in garment sector.

Perpetrators or human rights violators are free without any prosecution.

THANK YOU FOR YOUR ATTENTION