1. Legal Aid of Cambodia Bangkok, 13-14 August 2015 Mr. RUN Saray Executiva Director and Lawyer Legal Aid of Cambodia V ICTIM ’ S REMEDIESPresented

2. 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.

3. 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.

4. 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.

5. 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.

6. Civil Action  Damages available:  Damages  Giving back the property that has been lost  Restoring damaged or destroyed property to its original state

7. 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

8. 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

9. 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

10. 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

11. 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.

12. 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.

13. 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.

14. 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.

15. THANK YOU FOR YOUR ATTENTION