Justice minister Koeut Rith speak at a meeting in Takeo province in May last year. JUSTICE MINISTRY
The Ministry of Justice advises judicial officials, especially judges and prosecutors, to pay close attention to juvenile victims and ensure that the practices they employ in their work are not contrary to the best interests of minors.
In a January 4 letter to the judiciary, justice minister Koeut Rith said the ministry has observed that judges and prosecutors and other court officials work hard to fulfil their duties and responsibilities according to statute when resolving criminal cases, and that they seek the truth and justice for the victims while ensuring the effectiveness of law enforcement.
“But the implementation of some of the procedures by the prosecution and the judiciary that we’ve requested in certain specific situations in criminal cases has not been sufficiently responsive,” the minister said.
Koeut Rith said the changes being sought are necessary as they ensure the smooth processing of criminal cases as well as the effectiveness of fact-finding and gathering evidence from juvenile victims.
“In particular, for juvenile victims, it not only affects the effectiveness of the fact-finding process in the case, but also the interests of juvenile victims who are protected by both Cambodian and international laws,” he added.
In order to protect the best interests of juvenile victims, the ministry offered recommendations regarding some necessary procedures that need to be implemented for those cases.
The new procedures come about after Prime Minister Hun Sen granted a January 1 request from AFESIP Cambodia to cease the practice of requiring juvenile victims aged 5 or younger to appear in court at the trials of their abusers.
“Taking these children to court is tantamount to breaking their spirits and adding more fear to their lives,” the premier said at the time.
Am Sam Ath, deputy director for rights group LICADHO, supported the change in court procedures as it promotes the welfare of child victims and shields them from unnecessary trauma.
“This is a good first step, but we – civil society organisations – still insist that the justice ministry think about the establishment of specialised courts for children and women,” he said. “We know that child victims should not go to court, because it will only upset them.”
He said that there were past cases where attorneys for the defence sought to impugn the credibility of the child victims, and they were subjected to questioning on the stand and had to be in the same court room as their abusers, which caused “serious emotional trauma”.
“If [Hun Sen’s] guidelines or recommendations are followed, this will help children a lot. However, the courts and the justice ministry have to come up with the means and methods to make this process fair [to the accused standing trial] without the presence of children in the courts,” he continued.
The ministry’s specific recommendations state that in both the investigative and trial phases, the juveniles be allowed to provide clear and objective witness statements regarding the facts of the crime.
The ministry also recommends that for juvenile victims under age 10, the prosecutors consider going to their homes or meet them at a site of their choosing in person to hear their statements and implement other necessary procedures.
And in the trial phase, the juvenile victims can be accompanied by defence lawyers as their legal representation at any hearings under Article 313 of the Code of Criminal Procedures.
