Legal Aid of Cambodia Bangkok , 13-14 August 2015

1. WitnessProtection Presentation by Legal Aid of Cambodia Bangkok , 13-14 August 2015 • Mr. RUN Saray • Executiva Director • and Lawyer • Legal Aid of Cambodia

2. Introduction • Protection and cooperation of witnesses and whistle-blowers is essential to ensure successful prosecution of corruption and organized crime. • Cambodia has legislation and other measures to protect witnesses and whistle-blowers, BUT existing Cambodian legislation and measures are insufficient in dealing with these matters. • Effective legislation and measures to protect witnesses and whistle-blowers should be enacted as soon as possible.

3. Legal Framework Cambodian Law • Does not mention in detail securing the protection of witnesses • Does, however, provide for police protection and other ways of ensuring their safety • Cambodian criminal code • A witness who is ordered to appear in court must, this can be enforced to by police • A witness who takes an oath cannot remain anonymous • Mentions the procedure of witness protection, but not in great detail – restricted to the appearance of witnesses and investigation of evidence • It is a crime to threaten or bribe a witnesses to not testify or to provide false testimony • It is a crime for a witness to provide false testimony or to accept bribe

4. Legal framework • Domestic violence • Definition of domestic violence • Violence against: • Husband or wife • Dependant children • Persons living under the roof of the house and who are dependent of the household • Protection order is available to victims or individuals who receive threats of domestic violence • Available while the investigation and trial are ongoing

5. Legal Framework • International law • UN Convention against Transnational Organized Crime • Parties shall take appropriate measures to protect witnesses from potential retaliation or intimidation • Measures identified: • Physical protection of witnesses • Relocation and non-disclosure • Limiting disclosure of their identity • Evidentiary rules permitting testifying via video link or other adequate means

6. Legal Framework • UN Convention against Corruption • Requires states to take appropriate measures to provide effective protection for witnesses. • Extraordinary Chambers in the Court of Cambodia (ECCC) - Has strong witness protection eg. Can use fake names for witnesses if necessary

7. Measures in General • There are several measures needed to protect witnesses to a serious crime: – Measures to protect witnesses should include whistle-blowers, victims, and individuals who have been involved in criminal activity but who cooperate with police, prosecution, or the court, as well as their families; – Police carefully protect witnesses from intimidation; – Procedural protection of witnesses needs to be implemented via the Law on Criminal Procedure or in specific legislation or specific provisions (to allow for trial detention of the alleged perpetrator; to prevent interference with the witnesses)

8. Measures in Domestic Violence • In order to protect the victims’ security, the authorities in charge can issue the administrative decisions in line with the law on the Management of Commune Administration and take temporary measures in accordance with the existing laws as follows: - Prohibiting from committing domestic violence by themselves or by others; - Prohibiting from destroying the properties or instructing not to put on sale the victims’, the victims' relatives’ or joint properties. - Prohibiting from approaching or entering the house shared together or the places where the victims stay or work without the permissions from the victims and the authorities in charge - Taking other legitimate measures that are necessary to protect the safety of the victims and the household members or the persons involved.

9. Legal and Judicial Reform Strategy • The Legal and Judicial Reform Strategy is a priority reform program of the government of Cambodia. The strategic objectives of the Legal and Judicial Sector are identified as: – Improve the protection of personal rights and freedoms; – Modernize the legislative framework; – Provide better access to Legal and Judicial information; – Enhance the quality of legal processes and related services; – Strengthen judicial services, i.e. the judicial power and the prosecutorial services; – Introduce alternative dispute resolution methods; – Strengthen Legal and Judicial sector institutions to fulfill their mandates.

10. Suggestions and Recommendations • Recommendations relate to securing protection and cooperation of witnesses and whistle-blowers in Cambodia. – Establish effective legal measures or mechanisms to protect witnesses and whistle-blowers to improve the legal system and civil society of Cambodia; – Expedient law enforcement as well as upholding of the fundamental legal obligations of the State; – Build and strengthen the capacity of law enforcement personnel; – Protect witnesses and whistle-blowers as well as their families (ensure their safety); – Witnesses and whistle-blowers protection programs to be coordinated by the police; – Establish procedural protection measures; – Policy strategies (training in standard investigation; development of police officers; and importance of the investigation of witness reports).