Children in Prison - No place to Grow Up

It is an all too common fact in Cambodian prisons; that they are overcrowded, under-funded, unhygienic and lacking in basic facilities. It is even worse for children in prison; almost 40% of all children in prison are detained with adults, they are regularly held in pre-trial detention that exceeds the legal time limit, and many are sentenced to prison time without any regard to their age. They suffer the same poor living conditions, food rations and health provisions as the detained adults and have limited access to education, training and legal representation.

Advocacy campaign highlighting the detention of children and prison living conditions

“Cambodia has a stated commitment to the Convention on the Rights of the Child yet everyday nearly 500 children call prison “home”. We are calling on all officials in the criminal justice system to uphold the rights of children in using imprisonment as a measure of last resort. Children accused and convicted of crimes need to be provided with protection, fairness and hope not injustice, neglect and despair. In particular, courts need to:

• Ensure the proper application of the law, particularly in relation to pre-trial detention time limits
• Ensure alternatives to prison are considered, especially for cases involving petty crimes, such as suspended sentencing
• Ensure sentences are mitigated to reflect the age of the accused, as stipulated by law
• Ensure the Juvenile Justice Codes is passed as expeditiously as possible

Prison prevents children developing into responsible and productive adults and increases the likelihood or re-offending after release. It is a short term solution that causes long term problems.”

Together with co-funding from the European Commission; LICADHO, Legal Aid of Cambodia (LAC) and DanChurchAid (DCA) launched the campaign Children in Prison – No Place To Grow Up on 31st January 2007. The campaign aims to highlight the overall poor conditions in Cambodia’s prisons and in particular the key issues affecting detained children. The campaign is calling for children to be given protection, fairness and hope not injustice, neglect and despair. In particular, to advocate for the implementation of existing laws relating to juvenile justice and legal and social reforms relating to detention specifically for juveniles.

For more information, please read LICADHO's latest report Human Rights and Cambodia's Prisons: 2005-06 Report on Prison Conditions & Children in Prisons.

Case Studies: Juveniles in Prisons

The story of Dareth

Dareth is 18 years old and comes from Phnom Penh. He stopped studying at Grade 4. Dareth was arrested in January 2005 at the age of 16. He was accused of receiving stolen goods. He was held in police custody for three days and held in pre-trial detention in Prey Sar for four months (three months over the legal limit for misdemeanour offences). Dareth was sentenced to six months in prison, including the four months already served. CDP provided him a lawyer who visited him twice. He lived in a cell with around 40 other minors with one toilet and one bucket to wash with. His family visited him often in prison and brought extra food when they could afford to, although they had to pay the guards to visit him. He was hungry in prison as he was given two meals a day. Dareth was allowed outside his cell for four hours a day although during the pre-trial detention phase he was not allowed to access any leisure facilities or any education/vocational training which convicted prisoners could access. After his release he has stayed at home without a job or training.

The story of Heng

Sokdeth`s son, Heng was arrested in the provinces at the age of 12 in April 2005. He was accused of raping a nine year old girl. According to his mother, the police forced Heng to make a confession on the promise that he would be allowed to go back to his family. She does not know whether there was any other evidence. During this confession, no family member or lawyer was present. The mother of the victim paid money to the police to arrest Heng. He spent three days in police custody, was charged with rape and sent to prison. Heng spent three months in pre-trial detention during which he had no lawyer. For the trial an LAC lawyer provided representation and he was sentenced to 15 years. The case is currently under appeal. His family visit him often but have to pay 3,000R to visit. He receives classes in literature and Buddhist teachings. Heng suffers from stomach aches and wants to be back with his family and to help his mother.

* Please note that names have been changed in order to protect the identity of the individuals