Week 5: Surprises in the Code of Criminal Procedure; at the Beach in Phuket
One long-term assignment I have at IBJ Cambodia this summer is to update five “e-learning” modules about defendants’ rights in Cambodia, and to start developing five new modules. The e-learning system is an online platform that allows lawyers to learn more about the law on their own time. The lessons take the form of slide-shows with accompanying voiceover, and a quiz at the end. IBJ seeks to provide material specifically relevant to each country they work in. So far, the Cambodia e-learning site includes lessons on the rights of the accused, the rights of lawyers, the presumption of innocence, and the law surrounding investigative torture.
Each lesson discusses international norms, standards, and treaties, along with national law. Relevant international sources cited in the lessons include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the UN Basic Principles on the Role of Lawyers. National sources include the Cambodian Constitution of 1993, the Code of Criminal Procedure, and the Penal Code. Updating the five existing lessons meant reading the above sources in detail. Becoming familiar with the Cambodian Constitution and Code of Criminal Procedure in particular proved to be an interesting experience. In fact, I came across one portion that I thought would be fun to share.
The Cambodian Constitution names Buddhism as the state religion. It also establishes freedom of religion (Article 43) and prohibits discrimination based on religion (Article 31). In Cambodia, ninety-three percent of the population practices Theravada Buddhism. Therefore, while Article 154 the Code of Criminal Procedure requires that “each witness shall swear in accordance with their religion or beliefs that he/she only speaks the truth,” it makes sense that the content of the oath included as an annex to the code reflects Buddhist tenets. What a Buddhist oath would look like was the unexpected part.
I would be curious to research information on how much perjury occurs in Cambodian courts. Despite corruption, I wonder if this oath might really ensure that people tell the truth. I know I’d want to avoid a violent death and 500 reincarnations of misery. I’ll let you all know if I’m able to get my hands on any data.
Weekend in Thailand
On a three-day weekend in honor of the Queen Mother’s birthday, I traveled to Phuket, Thailand. Phuket is an island in Southern Thailand known mainly for its beautiful beaches. The descriptions online are no exaggeration. The beach was pristine, and in the off-season, almost deserted.
In 2004, the third largest tsunami ever recorded devastated Phuket. Little evidence of destruction remains in Kamala, where I stayed, however, other than two monuments at the beachfront park.
As much as I savored the chance to relax in the sand, my best day was spent at an elephant sanctuary. Thailand is home to a population of 7,750 Asian elephants: four-thousand elephants live in the wild, while 3,750 are domesticated. The domestic elephants mainly work in the tourism industry, where the hours and conditions are brutal. Although the Thai government banned the use of elephants for logging, some companies continue to exploit their labor illegally. In recent years, there has been a growing movement to advocate for ethical tourism, and rescue elephants that have faced years of abuse. The Phuket Elephant Sanctuary borders the Khao Phra Thaeo National Park. Visiting the sanctuary allows tourists to observe elephants in their natural forest environment, and witness their full personalities, which blossom once they’ve been given their freedom. At the same time, the elephants enjoy peacefully roaming the property, bathing in the lake, and eating their fill of leaves. While the sanctuary houses 9 elephants currently, they hope to grow to provide a home for 25 elephants on their current property. Anyone visiting the area should consider visiting, seeing the elephants so close, but also so happy, was one of the most moving experiences I have ever had.
