LICADHO Human Rights in Cambodia LICADHO, a NGO focusing on improving human rights and rule of law in Cambodia
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Press Release

Prisons Project
ensuring the rights of an often forgotten population

The Cambodian Government has a limited budget and prisons are a low priority. Accordingly, prisoners face appalling living conditions. In addition, they are at the mercy of an inefficient and arbitrary legal system.

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Cambodian prisons are typically overcrowded
As suspects, pre-trial detainees in prison are often subject to legal violations, including detention without trial for longer than 6 months (a breach of Cambodia's criminal code). As lawyers are scarce and most suspects are poor, many do not have legal representation. Some suspects have been asked to pay for their own transportation to appear in court while others have been tried in absentia while they sit in prison for lack of means to attend. Some detainees suffer other abuses prior to arriving in prison, such as illegal arrest without a court warrant or torture by the police.

All aspects of living conditions in the prisons - food, water, sanitation, space - are so poor that they are difficult to imagine. The government allocates only 1000 riel per day (about US$0.25) for food for each prisoner, some of which prisoners use to pay bribes and for clean water. The water provided is often unsafe to drink and is scarce - as little as 5 liters are allocated per day for both drinking and washing. The toilets, which may be pits right next to overcrowded living areas, are basic and often do not function. As the prison population has increased, the space allocated to each prisoner has decreased to as little as 0.7 square meter per person. Prisoners are supposed to be allowed outside their cells for exercise once a day, but this regulation is often ignored; some spend days at a time inside their crowded cells.

In some cases, prisoners are tortured, most commonly upon entry into prison, to "break in" the prisoner, or as punishment for attempting to escape.

Prisons Project's Actions

Interviewing prisoners, ensuring legal aid

LICADHO's Prison Researchers regularly visit 18 of Cambodia's 26 prisons, interviewing prisoners, observing prison conditions and raising awareness of problems or abuses with the authorities and attempting to resolve them. LICADHO believes that regular visits by prison researchers deter abuses in prison and make it easier for them to intervene when they do occur.

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LICADHO's staff interviews a prisonner
One of the main activities of Prison Researchers is to attend to the legal situation of the prisoners. This includes checking for violations such as illegal arrests, and pre-trial detention beyond the 6-month lawful limit. The researchers consult with newly arriving prisoners to inform them of their rights, and try to obtain a defense lawyer for every pre-trial detainee. LICADHO also monitors the actions of the courts and prison officers to ensure that the legal process is conducted properly.

Highlighting instances of torture and other abuses

Through interviews with prisoners, Prison Researchers often learn about torture cases (which most often occurs in police custody before the prisoner is sent to prison). When such a discovery is made, LICADHO asks the victim if he or she wants to bring charges against the perpetrators, and assists the victim to do so. In other cases abuses inside the prison may be identified, requiring special attention. Interventions are made to prison officials when ever it is possible to do so without jeopardizing the safety of the prisoners who have informed LICADHO of the abuses.

Monitoring and reporting prison conditions

With the assistance of LICADHO's Medical team, LICADHO's Prison Researchers monitor the living conditions in the prisons, looking at issues such as the quality of food, water, sanitation, the size and cleanliness of living areas, and exercise for prisoners outside of their cells. Information about prison conditions and violations of prisoners' rights is compiled in an annual LICADHO prison report, which is used for advocacy with government officials.

Adopt-A-Prison Project

The Adopt-A-Prison project was initiated by LICADHO in 2003 to mobilize and facilitate individuals and organizations in providing assistance to babies, children and pregnant women in prisons. By law, children are allowed to stay with their mothers in prison until the age of six if alternative care is not possible. In theory, prison authorities are required to meet the food, medical and other needs of this group, but they are either unable or unwilling to do so. In essence the children serve prison sentences along side their parents.

Child of a prisoner
Child of a prisoner

The Problem

In June 2002 LICADHO published, “Innocent Prisoners: a LICADHO report on the rights of children growing up in prisons”. LICADHO researchers found that children, their mothers and pregnant women “are routinely denied access to suitable health care, adequate nutrition, education and basic human rights”. As well as violating domestic laws and international human rights conventions, the denial of adequate food, water, medicines and education is highly detrimental to the health and development of young children.

Most mothers complain of a lack of food and access to clean drinking water for their children. Many mothers are unable to provide adequate breast milk for their babies. Food rations are meager in prison and when shared between a mother and child they are totally inadequate. Malnutrition can cause serious damage to both the mother and her child. Medical facilities within prisons are almost nonexistent and most require some form of payment.

LICADHO's Response

Child smiling
A child smiling after receiving food donation in prison
In response to this situation, LICADHO initiated the unique Adopt –A-Prison project, which attempts to address the needs of children in prisons. Partner Organizations (such as NGOs, embassies or individuals) provide a range of assistance based on their current programs and expertise. Most give direct aid in the form of extra food, clothes and toiletries. In some cases Partner Organizations have also included children, their mothers or other family members in their general development work, looking at their whole situation both inside the prison and outside.

LICADHO facilitates and supports the Partner Organization’s work, in particular dealing with the authorities and monitoring the situation of children in prison. Partner Organizations provide financial support for this project, as well as practical assistance. Partner Organizations communicate amongst themselves and with LICADHO to develop services that holistically support children and their parents, thus ensuring a standard of support amongst partners and logistical assistance for them as well.

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LICADHO intervenes to free prisoners from shackles

In July 2003, some prisoners in Kampong Thom prison - which is notorious for poor conditions including chronic overcrowding -- broke through a cell wall to try to escape. They were quickly recaptured in the prison courtyard by guards, and returned to their cells.

As a result of the escape attempt, nine inmates were lined up in a row by prison guards and shackled to a wall. Their hands were also handcuffed. The wall where they stood had no roof to protect them from the rain, and at night they had no mosquito net or blankets. They were shackled almost 24 hours per day, with a break only to eat. They were unable to move freely to use their toilet or to bathe, and most of them experienced swelling in their legs because the shackles were too tight.

The shackling - a clear violation of Cambodian law, which prohibits the use of shackles in police stations and prisons - was discovered by LICADHO's Prison Researcher in Kampong Thom who went to the prison, suspecting that there would be some retribution for the escape attempt. LICADHO intervened with the Prison Director, who had ordered the shackling, and also contacted the provincial court prosecutor, who is responsible for prisons. The officials were reminded that the shackling was unlawful.

As a result of these interventions, the Prison Director contacted his superior at the Ministry of the Interior to request further instructions. The Ministry of the Interior responded that the prisoners should be sent to another prison, where they wouldn't be shackled.

With LICADHO's intervention these prisoners were saved from inhumane treatment; otherwise, they may have been held in shackles indefinitely.