Imprisonment of Convicted Women without Copy of the Judgments is the Violation of Women’s Rights and Human Rights

International Women’s Day is celebrated in many countries around the world on March 8. It is a day when women are recognized for their achievements without regard to divisions, whether national, ethnic, linguistic, cultural, economic or political. It is an occasion for looking back on past struggles and accomplishments, and more importantly, for looking ahead to the untapped potential and opportunities that await future generations of women.

In order to celebrate the International Women’s Day, March 8, 2010, the 99 Anniversary of its birthday, Legal Aid of Cambodia would like to disclose a statement on imprisonment of convicted women without copy of the judgments in prisons, Battambang, Banteay Meanchey, Kampong Cham, Kampong Thom and Prey Veng which are the target provinces implementing the project entitled “Justice for Women in Conflict with the Law in Cambodia” funded by EU and CCJAP.

Concerning the above said topic, according to the report on Progresses and Challenges in Implementing Prison Duties, Semester I, 2009 of the Department General of Prison, Ministry of Interior, presented that 2,346 convicts 128 of whom were women lacked of copy of the judgments (executing orders). Additionally, the result of interviewing the convicted women conducted in early March 2010 by the project of Justice for Women in Conflict with the Law in Cambodia showed that among 100 interviewees, 59 convicted women have been imprisoned without the copy of the judgments.

Prisons are institutions created by the law for detaining prisoners by the powers of the competent court orders and judgments. Prisons are not places for investigation, research, interrogation or torture and are not places for keeping suspects within 48 hours of arrest. The imprisonment of a convict enforcing his or her sentence in prison shall be done according to the Cambodian laws and international laws ratified by the Cambodian government. Each prison must receive only prisoners sent to by the competent courts with legally accurate orders and judgments.

Article 38 of the Constitution, the prosecution, arrest or detention of any person shall not be done except in accordance with the law.

Article 9 of the Universal Declaration of Human Rights: No one shall be subjected to arbitrary arrest, detention or exile.

Article 347 of the Cambodian Code of Criminal Procedure authorizes the judge or presiding judge to issue the judgment at the hearing or in a subsequent session. In the meantime according to Article 357, the judgment must be written based on holding and ruling. Additionally, Article 358 indicates that the written judgment must be signed by the presiding judge and the court clerk with no more than 8 days after the judgment was issued and the original judgment must be filed with the office of the court clerk. Article 359 specifies that all judgments must be issued and announced during a public hearing session.

Book Seven, Chapter 4 of the Criminal Code, Article 482 to 490 stipulates about the Writ of Information of Court Decisions to involved parties; this writ of information must be initiated by the prosecutors or one of the parties, and this particular performance must be implemented by the court.

Article 506 states that “No administrative agent of prisons or detention centers who have received and detained any person without a written judicial authorization.  Any administrative agent of prisons or detention centers who have received and detained any person without a judicial authorization shall be guilty of illegal confinement.”

According to the above said report and laws, the detention of persons, especially the detentions of convicted women in prisons without copy of the court judgments still continue to exist and in this regard the competent authorities have not solved this problem accordingly. Based on Articles 357 and 358 failing to write the court judgments are the responsibility of the presiding judges and the court clerks and based on Articles 482 t0 490 failing to provide the copy of the judgments to the prison directors and to the convicts are the responsibility of the prosecutors. In this context we cannot blame the bailiff because this agent or institution governing this agent has not been legally created yet. In this regard, according to Article 506, the question is asked whether we can accuse administrative agent of prisons of committing illegal confinement when the prisons have detained convicts or convicted women without the copy of the judgments, this is the question that cannot be answered.

Legal Aid of Cambodia who always works cooperatively with the government in order to protect the rights of the people, push for the proper implementation of the law and participate in the legal and judicial reform in Cambodia has great concerned that the imprisonment of the convicted women without the copy of the court judgments is the violation of women rights-human rights and the Cambodian Constitution, and failing to follow the due process set forth in the Criminal Code of Procedure and disrespecting the international conventions/treaties ratified by the Cambodian government.  The convicts being enforced their sentences in prisons are not informed in writing about the dates of commencing and ending of their punishment.  Failing to receive the copy of judgments, convicts have no legal grounds to request for conditional releases.

Legal Aid of Cambodia would like to strongly appeal for the government, Ministry of Interior, Ministry of Justice, Courts and other competent authorities to kindly pay much attention on the imprisonment of convicted women without copy of the judgments to improve the implementation of the Criminal Code of Procedure in response to the Constitution and international conventions/treaties as well as to strengthen civil rights, guarantee rule of law and to achieve the objective of legal and judicial reform in the Kingdom of Cambodia, where legal and judicial reform is one of the corners of the rectangle policy of the government headed by Samdech Akkak Moha Sena Padei Techo Hun Sen.

More information, please contact Mr. Run Saray, Executive Director via (855-12) 838 341, Email: lacdirector@online.com.kh, or Mr. Kao Dyna, Women’s Justice Program Manager via (855-12) 887442, Email: lac_womenjustice@online.com.kh,  Legal Aid of Cambodia.