Southeast Asia Regional Conference on Access to Justice

13-14 August 2015Miracle Grand Convention Hotel, Bangkok

Mr. Manolinh ThepkhamvongDirector of LDPFounder Legal Aid Lawyer Group(LLG)

Victim Remedy and Witness Protection

Outline

1. Law and Development Partnership(LDP)

2. Related current laws (Legal Basis)

3. Victim Remedy (Access to Assistance, Protection and compensation)

4. Witness Protection

1. About LDP

December 2014, formal registration under Lao law as Local Law firm, license no.077/MOJ:

• Profit: sharing for social justice

• General legal services program

• Pro bono/legal aid Program: developing partnership and promoting people’s access to justice by proving technical legal aid support to partners: legal right awareness, legal consultation and legal representation through community based Para-legal at village.

2. Related current laws :

• Lao Constitution(2003)

• Law on Criminal Procedure (2012)

• Law on Development and Protection of women (2004)

• Law on Child Rights Protection and Interests(2006)

• Law on Child Criminal Procedure (2013)

• Law on Preventing and Combating of Violence Against Women and Children (2014)

• In process of improving Constitution and drafting 2 laws: 1. Penal Code and 2. Law on Trafficking in Persons

3. Victim Remedy

• General criminal procedure provision

• women and children rights related to violation

• Human trafficking

Defines Victim Remedy in :

• Victim refers to a person who has been targeted or subject to the trafficking in person

• In criminal procedure provision uses the term “Injured party” equal Victim

• Injured Party rights: submit request, receive compensation, retain a lawyer or other protector to contest the case.

General criminal procedure provision:

Law on Development and Protection of Women and Decree No. 26 on implementation of the Law on Development and Protection of Women:

Article 21. Basic assistance; Article 23. Legal assistance “The victims have the right to received legal assistance such as: counselling, legal advice, lawyer and other protection in defending the case free of charge”

VAW: Law on Preventing and Combating of Violence Against Women and Children

• To receive necessary assistance, such as counseling, safe temporally accommodation, medical assistance, legal assistance, education, vocational training, and reintegration to family and society;

• To receive compensation for the harm and psychological recovery;

• To [have their information] be kept confidential;

• To receive protection and assistance from the State, National Front Construction, mass organizations and social organizations in according to the laws and regulations;

Victim rights and related to victim women and children remedy(Art.31) :

VAW

1. Social welfare assistance;

2. Counselling assistance;

3. Assistance in a safe temporally shelter;

4. The assistance on care of children;

5. Medical assistance;

6. Legal assistance;

7. Economic assistance;

8. Education and vocational training assistance;

9. Assistance with re-integration into family and society

Necessary Protection and Assistance for victim:

• To receive compensation for his/her injuries.

• To get counselling, medical care and other help.

Children Procedure Law, Art.21

Women development and protection and human trafficking provision, rights of Victims, Art. 25

1. To request for compensation, to be rehabilitated and to be reintegrated into the society;

2. To receive suitable assistance in the form of shelter, food, clothes, medical services, vocational training, repatriation and others;

3. To have other rights according to laws and regulations.

Law on Child Rights Protection and Interests(2006)

1. To have their dignity and human value respected;

2. To express their views, which shall be considered based on the balancing of the child’s age and level of discernment;

3. To have support from parents, guardians or legal protectors at all stages of the proceedings to protect their legitimate rights and interests;

4. To have their privacy protected;

5. To be protected from coercion, threat, and all types of danger, including their family members;

6. To have other rights as provided in the Law on the Development and Protection of Women and the Law on Criminal Procedure.

Rights of Children who are Victims and Witnesses Art. 44

Rights of the Victim,” Receive the reparation and compensation” Not clear explanation on source of compensation, financial mechanism, in which step to receive compensation?

4. Witness Protection

Principle in Art.7 para3,

Art.70

“Receive protection under the laws and regulations from any threat to life, health, or property because of giving testimony”

Art.139 Arrest

“…..the accused may hurt the injured party/victim or witness…..”

No specific or procedure provision on witness protection, court’s stage

General provision in Law on Criminal Procedure :

• To have parents or other protector during all investigation and trial procedures

• To have your privacy protected

• To be protected from having to see or talk to the perpetrator

• To have a lawyer or protector to help defend the rights

• To be protected from being threatened or harmed

Children Procedure Law, Art.21

Law on Child Rights Protection and Interests(2006)

1. To have their dignity and human value respected;

2. To express their views, which shall be considered based on the balancing of the child’s age and level of discernment;

3. To have support from parents, guardians or legal protectors at all stages of the proceedings to protect their legitimate rights and interests;

4. To have their privacy protected;

5. To be protected from coercion, threat, and all types of danger, including their family members;

6. To have other rights as provided in the Law on the Development and Protection of Women and the Law on Criminal Procedure.

Rights of Children who are Victims and Witnesses, Art. 44 :

Women development and protection and human trafficking provision, rights of Victims, Art. 25

1. To receive protection and care to ensure personal safety;

2. Not to be prosecuted and detained on any charge of trafficking in women and children, prostitution, [or] illegal immigration;

3. Not to be photographed, [and] not to have any video recorded or broadcast, where such17 would affect personal honour;

4. To receive suitable assistance in the form of shelter, food, clothes, medical services, vocational training, repatriation and others;

5. To have other rights according to laws and regulations.

No procedure and clear about Witness protection, it should be defined for

encouraging them in providing information and during court process.

Can this law support Lao victim that is being identifying in abroad? if so how? what is the financial and coordination mechanism? Legal Aid system? Legal aid Law?

Thank you very much for

your attention and

discussion

Profile:

Manolinh Thepkhamvong

Director of LDP

Legal Consultant and Legal-Conflict Management Trainer.

manolinhth@gmail.com and Mobile Phone: 020 222 03759

• Founder and Owner, The Law and Development Partnership(LDP) Sole, Co., Ltd

• Found legal aid lawyer group(LLG)• Pro bono lawyer at in-House Consultation Clinic, Faculty of Law

and Political Science (FLP) • Support Association for Development of Women and Legal

Education(ADWLE) to establish first NPA legal clinic for vulnerable women, Ban Nong Song Hong, Xaithani district

• Baseline Study on Legal Aid in Southeast Asia, focus on Legal Aid in Lao PDR in 2014