LEGAL AND INVESTIGATION TEAMS PDF Print E-mail
Thursday, 23 April 2009 03:04

AFESIP Cambodia targets criminals who take advantage of and benefit from vulnerable people who attempt to escape poverty, unemployment, hunger, and oppression. All victims of such exploitation and residents of AFESIP’s centers are offered legal aid and support in their path towards justice and compensation for their suffering. AFESIP Cambodia's legal team works together with other organizations to prepare legal cases for victims. Furthermore, the legal team works very closely with AFESIP’s investigation teams to gather information and provide aid. AFESIP Cambodia ensures that all victims are provided with legal assistance and representation throughout the legal process.

The AFESIP Cambodia Investigation and Legal Teams receive information from a variety of sources, including social workers, the Outreach team, victims’ parents, moto drivers, and sex workers themselves. The legal team uses these sources to find and assist women and girls who are willing and ready to file complaints against their exploiters and leave their places of exploitation. Additionally, the Investigation team visits areas of prostitution and brothels while undercover to elicit information related to the trafficking and prostitution business. Reports from all these sources form the basis for complaints filed by the legal team with the police and courts. These complaints are then independently investigated by the police who thereafter apply for warrants from the courts. Once warrants are issued, the police typically invite AFESIP representatives to observe the rescue operations. The victims recovered from these operations are usually questioned by the police and then referred to the ministry of Social Affairs.

img002 AFESIP Cambodia has a team of male investigators who visit brothels in order to identify victims who are minors, those who are being forced, or those who simply wish to leave prostitution. In collaboration with the police, AFESIP ensures that victims have legal support and are duly represented in any court case. AFESIP also protects victims against harassment from police and other perpetrators.

In order to ensure the safety of victims, AFESIP monitors their security provisions as well as psychological support before, during, and after the court proceedings. Our Technical Department consists of a team of investigators as well as a legal unit.




The main objectives of the Investigation and Legal Units are as follows:

  • To upgrade and constantly improve the quality of investigation.
  • To maximize collaboration between law enforcement and the justice system.
  • To monitor the investigation and rescue of victims by police and to report appropriately to authorities.
  • To ensure that victims are adequately represented in court.
  • To gather evidence for admission in court in order to file complaints against traffickers and brothel owners in collaboration with police, other organizations, and lawyers.
  • To expand areas of investigation and identify borderline trafficking points.
  • To identify trafficked victims in need of repatriation.
  • To maintain contact with courts on a case-by-case basis in order to avoid charges or accusations of illegal immigration.
  • To maintain permanent contacts with institutional partners.
  • To train police and other law enforcement officers in order to increase competency and awareness.

 

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In order to ensure the safety of victims, AFESIP monitors their security provisions as well as psychological support before, during, and after the court proceedings. Our Technical Department consists of a team of investigators as well as a legal department.
The victims at the Phnom Penh Municipal Court

Below is the Annual legal report from 2007

Legal Annual Report 2007

  1. Complaints received:
    • 1 rape case
    • 4 cases against brothel owners for sexual exploitation and sex service charges
    • 1 trafficked case
    • 1 missing daughter

  2. 7 total complaints received from victims and victims’ families

  3. Complaints filed :
    • 8 complaints filed to Ministry of Interior’s department about brothels.
    • 2 complaints filed to the Ministry of Interior’s Department of anti-human trafficking and juvenile protection about brothels and a disappeared person.
    • 3 complaints filed to Municipal and provincial courts about rape.
    • 1 complaint filed for Appeal to the Supreme Court about lawyer, Chong Ev Heang, for acts of defamation to AFESIP.

  4. 14 total  complaints made by AFESIP
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The results of complaints filed:

  • 1 of the complaints filed to Ministry of Interior’s department about a brothel led to raid action, but was unsuccessful due to leakage of information.
  • The other complaints are being followed up to lead to more rescues. 
  1. Rescue

There were 6 rescue operations in sex establishments, two unsuccessful and four successful:
25 victims were rescued; however, two of them escaped during the rescue.
8 suspects were arrested, but 2 were released by the police.

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  1. Prosecuted
    • 4 perpetrators were imprisoned for between 2 and 6 years;
    • 10 perpetrators were imprisoned for between 10 and 15 years;
    • 3 perpetrators were convicted for re-investigation;
    • 3 perpetrators were suspended due to lack of evidence;
    • 1 perpetrator’s trial was postponed as the prosecutor was absent;
    • The sentencing of 2 perpetrators was delayed;
    • 1 perpetrator’s case was adjourned to later.

  2. 17 out of 23 suspects who were arrested during 2007 and previous years were indicted or imprisoned as follows: 14 out of 24 perpetrators compensated 6 victims between 2,000,000 Riels and 5,000,000 Riels.

  3. Lawyer assistance
    • CDP lawyers supported 1 trafficking and 1 rape case
    • 2 rape cases were supported by LSCW lawyers

  4. 4 cases were supported by lawyers from CDP and LSCW: one of trafficking and 3 of rape:

  5. Legal support

  6. In 5 cases were legal assistance was provided to victim’s families. In 3 cases residents’ families reconciled and in 2 cases complaints were filed.

 

AFESIP Cambodia’s Legal and Investigation teams work together with law enforcement, other legal organizations, and the courts to combat the exploitation of women and fight trafficking from its sources, by prosecuting and holding accountable those who propagate it. AFESIP gathers information itself by sending investigation teams to the areas of brothels and prostitution and by investigating any complaints or reports received from a variety of sources. With this information AFESIP has aided in the indictments of over 20 suspected rapists, traffickers, and brothel owners leading to trials, prison sentences, and even compensation for several victims. Although the victims may never entirely recover from their experiences, AFESIP strives to help them in as many ways as possible by providing accommodations, security, vocational training, psychological counseling, medical care, as well as justice through the legal system.

Despite AFESIP’s best efforts, resources are often limited and some raids and rescue operations cannot occur immediately. AFESIP works closely on raids with police forces and other law enforcement; however, for some larger missions extra units, supplies, and transportation are required. Unfortunately, government funds are often limited and in many cases, AFESIP must provide additional financial support and assistance in order for the raids to occur. However, when neither the police forces nor AFESIP have the resources, victims must wait until the necessary finances become available.