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A SYSTEM JUST for CHILDREN: Voices of Child Victims and Witnesses About Their Experiences in the Cambodian Criminal Justice System

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A SYSTEM JUST for CHILDREN: Voices of Child Victims and Witnesses About Their Experiences in the Cambodian Criminal Justice System January 2015 A SYSTEM JUST FOR CHILDREN Voices of child victims and witnesses about their experiences in the Cambodian Criminal Justice System Dr. J.K. Reimer This report was made possible through funding and support from UNICEF. The views expressed in this report represent those of the authors. The report does not therefore necessarily represent the views of UNICEF or Hagar. A System Just for Children Reimer, J.K.(2015). A SYSTEM JUST FOR CHILDREN: Voices of child victims and witnesses about their experiences in the Cambodian Criminal Justice System. Hagar, Phnom Penh, Cambodia. page 2/159 Voices of Children in Court The release of this report represents an important opportunity to hear from some of C[mbodi[’s most vulner[ble citizens. It is an evidence base from which government and civil society can work together to advance the cause of social justice and to protect the rights of children in the judicial system. For over 20 years, Hagar has been serving women and children who have suffered the most extreme forms of human rights abuse, many of whom are victims and witnesses in Cambodian courts. Their engagement within the judicial process represents a small but important part of their journey towards the achievement of social justice. Their protection throughout the process should be of paramount concern in the pursuit of criminal justice. This study indicates that we have some way to go. It has been said that „there c[n be no keener revel[tion of [ society’s soul th[n the w[y in which it treats its children’ (Nelson Mandela). This study is an expression of collective commitment to realizing their human rights. Steve Penfold Country Director, Hagar Cambodia page 3/159 A System Just for Children Hagar is grateful to the primary partners, UNICEF and the Ministry of Justice for enabling this project to happen. Special thanks to Her Excellency Chan Sotheavy and UNICEF colleagues Souad Al-Hebshi and Serey Vathana So. The research team is deeply grateful for each and every child who participated in this research project, and to the „silent many’ they represent – and is galvanized by their desire for justice and their amazing courage in pursuit of that. It is our hope that this research will serve to make the criminal court system more conducive to achievement of justice and an easier place to navigate in that quest. The team is also indebted to numerous government officials and court authorities in the four focus provinces –for their flexibility in scheduling meetings with us and their candour in responding to our questions. I would like to acknowledge several people who contributed in particularly significant ways, conceptually and practically, to this research effort. Thank you to Sarah Bearup (former Country Director, Hagar), Lucy Carter (independent Consultant), Steve Gourley (independent Child Rights Consultant), Sue Hanna (Hagar Cambodia), Marjolein Harwig (IJM Cambodia Legal Program Coordinator), Dr. Glenn Miles (Love 146), Maria Montello (Instructor, RUPP), Saroeun Sek (IJM Cambodia, Legal Aid), and Lisa Slavovsky (IJM Cambodia, Director of Aftercare). Special credit is also due to Maria Montello for assistance with clear and creative visual representation of quantitative data in the final report. In addition, staff from Legal Aid Cambodia (LAC) and LICADHO were particularly helpful in arranging meetings with children, as well as in tirelessly explaining how the criminal justice works, theoretically and practically. And, finally – special thanks is due to several staff at Hagar Cambodia who provided valuable input and technical insights as well as excellent logistical support. You are a model of compassionate care, of commitment to on-going learning and quality service, improvement, and of tenacity in the face of incredible obstacles. You [re [mong C[mbodi[’s unsung heroes. Th[nk you. Dr. J. K. Reimer Research Team Leader August, 2014 page 4/159 Voices of Children in Court Disclaimer ............................................................................................................................................. 1 Suggested Citation .............................................................................................................................. 2 Foreword ............................................................................................................................................... 3 Acknowledgments ............................................................................................................................... 4 Table of Contents .................................................................................................................................5 Acronyms & abbreviations ................................................................................................................ 12 EXECUTIVE SUMMARY ..................................................................................................................... 13 1. Introduction ................................................................................................................................ 21 1.1 Background ................................................................................................................................ 21 1.2 Research rationale .................................................................................................................... 21 1.3 Research objectives ................................................................................................................. 23 2. Methodology ................................................................................................................................ 25 2.1 Research ethics ......................................................................................................................... 25 2.1.1 Basic ethical principles ................................................................................................ 25 2.1.2 Referral mechanism in the event of (re)traumatisation ........................................... 26 2.1.3 Confidentiality & informed consent ........................................................................... 26 2.1.4 Remuneration for respondents ................................................................................... 27 2.1.5 Formal ethics approval ................................................................................................ 27 2.2 Research participants .............................................................................................................. 27 2.2.1 Sample size and sampling procedures ...................................................................... 27 2.2.2 Connecting with children ............................................................................................ 28 2.2.3 Connecting with authorities ........................................................................................ 29 2.3 Research instruments .......................................................................................................... 29 2.3.1 Consultation with civil society representatives ........................................................ 29 2.3.2 Questionnaires and question guides ......................................................................... 29 page 5/159 A System Just for Children 2.3.3 Observation ..................................................................................................................... 30 2.4 Data collection, management, analysis................................................................................... 30 2.5 Major research limitations .......................................................................................................... 31 3. Literature review ....................................................................................................................... 33 3.1 The Cambodian justice system ............................................................................................... 33 3.1.1 History ........................................................................................................................... 33 3.1.2 Major components of the Cambodian criminal justice system ............................... 33 3.1.3 Children’s rights in C[mbodi[n l[w ........................................................................... 34 3.1.4 Capacity building in the judicial system .................................................................... 35 3.1.5 Building capacity on working with children in the justice system .......................... 35 3.1.6 Deploying child-friendly mechanisms .........................................................................37 3.2 Global standards on child-friendly justice systems .......................................................... 38 3.2.1 Major components and principles of child friendly systems ................................... 38 3.2.2 Techniques for questioning child witnesses ............................................................. 39 3.3 Other rese[rch on children’s views of justice systems .................................................... 40 3.3.1 International research ................................................................................................. 40 3.3.2 Cambodian research .................................................................................................... 41 3.4 Current issues relating to children in the justice system ................................................. 43 3.4.1 Practical weaknesses
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