Legal Aid in Cambodia: Practices, Perceptions and Needs - PRAJ

Legal Aid in Cambodia: Practices, Perceptions and Needs 11A Study based on a National Survey3.1.1.2 The 1995 Law on BAKC; BAKC RegulationsThe 1995 Law on the Bar Association of the Kingdom of Cambodia (BAKC) and BAKC’sInternal Regulations both make provisions for legal aid. Specifically they provide forBAKC’s Bar Fund to be used partly for legal aid, and for the president of a court or its chiefclerk to make requests for legal aid to the BAKC president. 7Article 29 of the Law on the Bar Association provides that “(t)he Bar Fund is derived fromdues paid by all members and other contributions. A special account shall be established inthis Fund for providing income to lawyers who defend poor people.…All lawyers areobligated to defend poor people according to the same procedures and internal rules and in thesame manner as the defense of their own clients.” 8Article 30 of the Law stipulates a procedure for deciding who is eligible for such legal aidservices. “ ‘Poor people’ [it states] are defined as those people who have no property, noincome, or who receive insufficient income to support their living. The determination of‘poverty’ shall be accomplished by the Chief Judge of the Courts [i.e. the chief judge of anygiven court] and the Chiefs of the Court Clerks [i.e. the chief of clerks in any given court]following an on-site investigation.’ 9The Internal Regulations of the BAKC provide operational procedures for the above Articles.Article 6 of the Internal Regulations provides that if a person is determined to be eligible forlegal aid a Request for Legal Assistance can be forwarded to the President of the BAKC.Within 15 days maximum, the President then gives a BAKC member previously designated asa volunteer the responsibility of providing legal representation and advice to the person inquestion. 10 Article 7 of the Internal Regulations gives instructions on the volunteer attorney’sresponsibilities for reporting to BAKC, and remuneration provisions for services rendered. 11Annexed to the Internal Regulations are forms for the above (given in Appendix E below).3.1.1.3 The 1992 UNTAC Criminal LawThe September 1992 UNTAC Criminal Law assures anyone accused of a misdemeanor orfelony the right to the assistance of an attorney or counsel. The Law also gives accusedpersons the right to have a member of their family represent them, regardless of the level ofeducation of the family member concerned. It also gives foreign attorneys the right to appearin Cambodian courts. 123.1.1.4 The 1993 Criminal Procedure Law of the State of CambodiaThe March 1993 Criminal Procedure Law of the State of Cambodia gives an accused personthe right to assistance from a lawyer, and provides for the automatic appointment of a lawyerby the presiding judge in certain types of case where the accused cannot afford one.7 Law on the Bar, 1995, Articles 29 and 30, and BAKC Internal Regulations, Articles 6 and 7.8 Law on the Bar, Article 299 Law on the Bar, Article 3010 BAKC Internal Regulations, Article 611 BACK Internal Regulations, Article 712 UNTAC Criminal Law, Articles 9 and 10