Final report for VAN TIENHOVEN FOUNDATION FOR
INTERNATIONAL NATURE PROTECTION
WWF-Cambodia – May 2013
Project: Capacity Building of Mobile Enforcement Unit and the Judicial Police in
Northeast Cambodia
Duration: April 2012 – April 2013
Project value: Euros 12,620
Background
The Eastern Plains of Northeast Cambodia is a top priority landscape because it represents the
largest extent of naturally functioning deciduous forest habitat remaining in Southeast Asia.
It is home to a suite of many endangered species including the Asian elephant (Elephus
maximus), banteng (Bos javanicus), Siamese crocodile (Crocodylus siamensis), and Eld’s
deer (Cervus eldii eldii). The landscape shelters endangered birds like the giant ibis
(Thaumatibis gigantea), white winged duck (Cairina scutulata) and is a key refuge for three
critically endangered vulture species. The landscape has also been identified by the Royal
Government of Cambodia as a Tiger landscape and is a cornerstone for plans to re-introduce
tigers in the future.
The conservation potential of the landscape is due in part to the remoteness of the area, its
sheer size, and also because one of the region’s largest protected area complexes sits at the
heart of the landscape. This comprises four protected areas in Cambodia plus Yok Don
National Park in Vietnam that cover a combined area of almost 15,000 km2.
Increasingly more accessible, the Eastern Plains is facing significant pressures, particularly
from land conversion to rubber plantations, land speculation, illegal logging, and through
continuing illegal wildlife trade, which seriously undermines the integrity of the landscape
and the biodiversity it supports.
WWF has been active in the Eastern Plains for a decade and supports the management of two
protected areas in the landscape (Mondulkiri Protected Forest and Phnom Prich Wildlife
Sanctuary) covering almost 6,000 km2. This support is composed of biological research,
community engagement and law enforcement. Enforcement is absolutely critical and is an
integral part of any nature conservation effort. Rangers patrol within the two Protected Areas
and, in 2009, WWF supported the establishment of a Mobile Enforcement Unit (MEU), to
counter the transport and trade of illegal wildlife and timber products outside of the protected
areas and throughout Mondulkiri province.
Although the ranger community and the members of MEU were active in confiscating illegal
goods and arresting suspects, the success rate when these cases went to court was very low.
The legal frameworks operating in Protected Forests and Wildlife Sanctuaries are different
(because they operate under different Ministries) and there is also a detailed process to be
followed in order for cases to be admissible. It became clear that the low success rate a court
was due to poor understanding of these laws and the required processes.
Project aim
The project was to increase the effectiveness of the Mobile Enforcement Unit the Judicial
Police1 (and to assist the rangers) working in Mondulkiri province, Northeast Cambodia,
primarily through training on the relevant Cambodia legal instruments relating to wildlife and
forest conservation. It was anticipated that an increased effectiveness of the enforcement team
1
The Judicial Police are special government officers with powers to work both within and outside Protected
Areas. They are critical elements of the law enforcement community because they are authorized to detain
suspects, send them to court and search premises without a warrant.
members and application of legal processes would lead to an improved conviction rate in the
province and thereby create a stronger deterrent to poachers and loggers.
Outputs and Results
To achieve this aim, the project focused on four components.
I. Development of a ‘Field Reference Manual’
A field manual was developed (in both English and Khmer language versions). This
contained background to law enforcement approaches, explanations of the relevant articles of
the Forestry and Protected Area Laws and Criminal Procedure Code, details on how to
interpret and use the articles, and the procedures to be followed for filing court cases.
The manual has been well-received and is already being used informally in the protected
areas. It has not yet been formally approved by the relevant government Ministries but this is
because they have expressed the wish to launch this nationally so that the content can be used
by enforcement bodies throughout Cambodia. Although this is recognized as a great success
this launch will probably not happen till much later in the year after the National elections in
July.
II. Enforcement training
Over the period April 2012 – April 2013, the MEU had regular on the job training. The team
members will be trained in direct intervention enforcement including stop and search
operations, covert operations, crime scene investigation, evidence handling, informant
development and handling, interview techniques, handling of offenders, firearm encounters
and cooperation with other enforcement agencies. MEU progress has been good and so, for
example, during calendar year 2012, the MEU seized 21 chainsaws, numerous snares,
quantities of wild meat and live wildlife (which was released) as well as arresting 19 people
and sending 13 cases to court.
III. Judicial training
A three day training course was held in October 2012. This was given to all 12 judicial police
working with the Provincial Department of Environment (PDoE) and the Forestry
Administration Cantonment (FAC) in Mondulkiri Province. The purpose of the training was
to test the effectiveness and relevance of the field manual. The training also aimed to provide
a practical training and update on Cambodian law related to forest and wildlife protection,
intelligence gathering, court case filing procedures, role of judicial police in crime prevention
and follow-up of court cases. The training consisted of both lectures/inputs from resource
persons, and practical exercises and was extremely well received.
IV. Informant network and field presence
Good enforcement relies on good information and some of this comes from paid informants in
the communities. A pilot Informant Network was established in 2007 and has shown
promising results in seizure of illegal goods and arrest of suspects. The project has support the
strengthening of this network, the continuation of a wildlife crime hotline as well as the
development of a confidential database to manage informant information and to record the
progress of court cases.
WWF have recently (February 2013) recruited a new Law Enforcement Technical Advisor
and a major part of his role will be to ensure that these new initiatives are further strengthened
and taken forward.
WWF wishes to thank the Van Tienhoven Foundation for their support and flexibility over the
past year. This has been highly appreciated and has enabled us, together with our government
partners, to achieve significant progress.
Report of the
Training on the draft Field Guide for Law
Enforcement officers
22- 24th October 2012
Organised by
In collaboration with
With support from
VAN TIENHOVEN FOUNDATION
FOR INTERNATIONAL
NATURE PROTECTION
Introduction and background
The Eastern Plains Landscape in northeast Cambodia contains one of the largest continuous
stretches of dry and semi-evergreen forests in Southeast Asia. This unique ecosystem,
composed of mosaic patterns of natural habitats including season ponds and wetlands,
supports a large population of endangered wildlife species. WWF provides financial and
technical support to relevant Government agencies in implementation of law enforcement
activities across Mondulkiri.
Cambodia has a system of laws for the environmental protection. However, the enforcement
of these laws has not been consistent. Part of the reason for this has been the lack of
systematic training for law enforcement officials working with the Forestry Administration
and the Ministry of Environment. Law enforcement officials might be familiar with the laws
regarding their particular agencies, but are not always familiar with the Law on Criminal
Procedure or judicial procedures in general.
To address this issue, WWF hired a consultant to create a practical field guide containing both
general laws and specific laws relating to law enforcement for environmental protection. The
draft field guide was tested in a three-day training, which was participated in by 7 judicial
police officers from the Mondulkiri Cantonment of the Forestry Administration and 3 from
the Mondulkiri Provincial Department of the Environment.
The training was held from 22-24th October 2012 in Saen Monorom, Mondulkiri, at the
offices of the Cantonment of the Forestry Administration. Resource persons included the
consultant, WWF staff, the President of the Mondulkiri Provincial Court and the Mondulkiri
Provincial Prosecutor.
Purpose
The purpose of the training was to test the affectivity and relevance of the field guide drafted
for judicial police officers. The training also aimed to provide a practical training on
different law related to forest and wildlife protection, intelligence gathering, court case filling
procedures, role of judicial police in crime prevention and follow-up of court cases. The
training consisted of both lectures/inputs from resource persons, and practical exercises.
Training objectives
The training is intended to assist the judicial police officers in:
1.
Becoming familiar with the Field Guide for Law Enforcement;
2.
Obtaining their comments on the draft Field Guide so that it may be improved;
3.
Understanding the criminal procedure process and their roles and responsibilities;
4.
Interviewing suspects and witnesses, securing evidence and the scene of the crime;
5.
Preparing and filling in forms required by the provincial court; and
6.
Following-up of court cases
7.
Interviewing and maintaining informant networks
Expected outcomes



Improved knowledge of FA and MoE law enforcement officials working in the
Mondulkiri Province;
Improved skills in applying laws related to wildlife and forest protection;
Increased enforcement of laws related to the protection of forests and the environment;

Increased prosecutions of persons found to have committed crimes defined in laws
related to the protection of forests and the environment.
Modules of Training
1.
Value of Eastern Plains landscape, 20 minutes, Mr. Mark Wright, WWF.
Mr. Mark Wright emphasized the need for protecting the Eastern Plains; he described changes
in the forest cover and effects of loss of habitat on local species. He also stressed the
importance of the work of the Forestry Administration and the Provincial Department of the
Environment in protecting the Eastern Plains.
Competencies achieved: Participants were reminded of the importance of the landscape
nationally, regionally and globally.
2.
Roles and Responsibilities of Forestry Administration and the Provincial
Department of the Environment, 20 minutes, Mr. Ratanak and Mr. Sakhan.
The Deputy Chief of the FA Cantonment and the Deputy Chief of the Provincial Department
of the Environment spoke briefly about the roles of the judicial police officers based in their
agencies, based on the respective organic laws that created their agencies, and defined their
roles and responsibilities.
Competencies achieved: Participants were reminded of their roles and responsibilities based
on the relevant laws that govern their agencies.
3.
Role of intelligence gathering in crime prevention, 60 minutes, Mr. Rohit Singh,
WWF.
Mr. Rohit Singh explained the difference between information and intelligence, and discussed
the role it plays in preventing violations of environmental laws. He also talked about the need
for confidentiality, and how to set up and maintain an intelligence network.
Competencies achieved: Participants became more familiar with the use of intelligence in
their work, and learned how to set up a network for their area.
4.
Arrest and Search procedures and transporting suspects to the Court, 105
minutes, Ms. Maia Diokno
Ms. Maia Diokno explained the procedures for conducting warrantless arrests based on the
new Criminal Procedure Code. She cited the conditions necessary for an arrest to be legal.
She also discussed how searches and seizures should be conducted, and how to get warrants
from the provincial court. Last, she explained the time limits for keeping suspects in custody,
how extensions of detention can be requested, and the special rules for minors (under 18 years
old).
Competencies achieved: Participants know when they can arrest without warrants, and how
to ensure that evidence is seized in a legal manner. They also know how long they can keep a
suspect in custody, and when and how they can request extensions.
5.
Charges to files in the Provincial Court, 150 minutes, Mr. Yan Narin, President
of the Mondulkiri Court
The President of the Court, Mr. Yan Narin, noted that cases filed in the Mondulkiri Provincial
Court are dismissed sometimes because the judicial police officers fail to file the correct
charges. He proceeded to discuss the charges to be filed when particular situations occur.
The participants had many questions about the various situations they face during their daily
operations, and Mr Yan Narin responded to all their questions.
Competencies achieved: Participants are now clear with the particular charges to be filed in
cases.
6.
Preserving evidence, securing and documenting a crime scene plus, 60 minutes,
Mr. Rohit Singh, WWF and Ms. Maia Diokno
Mr. Rohit Singh talked about the need to preserve evidence, and discussed how to draw crime
scene maps, which he suggested should be attached to reports submitted to the court. Ms.
Diokno talked about the different types of photographs that need to be taken when
documenting a crime scene.
Competencies achieved: Participants learned how to protect evidence, how to draw crime
scene maps, and how to take photographs of crime scenes.
7.
Different types of offenses under the law, 165 minutes, Mr. Khut Sopheang,
Provincial Prosecutor
The Provincial Prosecutor, Mr. Khut Sopheang, discussed difficulties he faced upon receiving
reports and suspects from the judicial police officers from the Forestry Administration and the
Provincial Department of the Environment. Like the President of the Court had noted, many
times, the wrong charges are written in the reports submitted by the FA/PDoE. The
participants took this opportunity to raise issues they faced when arresting suspects, and
searching for suspects. The prosecutor took the time to respond to all their questions.
Competencies achieved: Participants were more confident and knowledgeable about how to
deal with suspects resisting arrest, and when they could call on the Prosecutor for assistance
in obtaining various warrants from the court. They also had more knowledge on what charges
to file in Court against offenders.
8.
Interrogation Tips, 30 minutes, Ms. Maia Diokno
Ms. Diokno discussed the information that needs to be obtained from suspects, and presented
sample questions that the judicial police officers could use when interrogating suspects and
witnesses. She also provided tips on how to draw out information from suspects and
witnesses, and pointed out that they should be treated differently.
Competencies achieved: Participants learned how to improve their interrogation of suspects to
obtain relevant information from them. They also learned that witnesses should be treated
differently from suspects.
9
Roleplaying on interrogating suspects and witnesses, 60 minutes, facilitated by
Ms. Maia Diokno and Mr. Rohit Singh
Mr. Rohit Singh played a suspect who had been arrested by the judicial police. One
participant played the lead investigator and began asking questions of the suspect. When he
faced difficulties, other participants added their questions and made suggestions.
Competencies achieved: Participants were able to put into practice the tips they had learned
earlier during the lecture on interrogation tips.
10.
Roleplaying on being a witness in court, 45 minutes, facilitated by Mr. Rohit
Singh
Judicial police officers are sometimes called by the Court to testify about their investigation.
One staff of the PDoE played the investigating judge, while an FA staff played the
investigator who was called to court to testify.
Competencies achieved: Participants learned how to behave and how to answer questions
when summoned by the court.
11.
Explanation of the court system, basic criminal process and how to follow up
court cases, 150 minutes, Mr. Khut Sopheang, Provincial Prosecutor
The Provincial Prosecutor gave an overview of the basic criminal process, and how the court
works. He also talked about how judicial police officers could follow up cases in court. He
also took more questions from the participants about issues raised in the previous day’s
discussion.
Competencies achieved: Participants became more familiar with court procedures, and with
how the entire process works. They also learned about how they could ask questions about
cases pending with the court.
12.
Filling in court forms, 210 minutes, facilitated by Ms. Maia Diokno
Participants were divided into two groups, one consisting of the Forestry Administration, and
the other of the Provincial Department of the Environment. They were given two cases to
work on, and were asked to fill in required court forms, and include whatever evidence they
thought was necessary. The forms were then given to the Provincial Prosecutor for him to
comment on. Forms approved by the Provincial Prosecutor will be included in the Field
Guide as a “best practice” example.
Competencies achieved: Participants were trained on filling court papers and had opportunity
to raise their doubts and concerns to provincial court authorities.
13.
Review of Field Guide, solicitation of comments from participants, 30 minutes,
Ms. Maia Diokno
Ms. Diokno connected the Field Guide to the modules learned during the three days of
training. She asked participants for their comments on the Guide. They had a few comments
on how to revise the Guide (mainly on the translation from English to Khmer) and requested
that they be given more time to go over the Guide in detail.
Competencies achieved: Participants requested more time to review the field guide and
provide more substantive comments to improve it.
Recommendations
1. Training given to judicial police officers should be composed of practical exercises
and roleplays, rather than straight lectures.
2. It was valuable to include the President of the Court and the Provincial Prosecutor in
the training; both were able to raise real issues faced by the Court and by the judicial
police officers. It is recommended that future trainings should include their input and
presence.
3. It might also be useful to hold regular meetings between the Provincial Court and the
FA/PDoE, to maintain good relations between these government institutions.
4. Roleplaying exercises need to be done more often. Judicial Police officers still need
improvement in interviewing and interrogating suspects; they know the basic
questions to ask, but fail to ask follow-up questions, or request clarification of unclear
answers.
5. A module on cooperation with local communities should be considered. Often, good
information comes from communities, particularly indigenous communities which
have much to lose if forests disappear.
6. While judicial police officers are in charge of signing and filing reports with the
Provincial Court, initial information and scene reports are sometimes written by
rangers who are not judicial police officers. These rangers, particularly those who
come from local communities, are not always skilled in reading and writing, which
leads to delays in filing reports with the Court. Literacy training should be considered
for rangers who would like to improve their reading and writing skills.
7. The Field Guide needs to be revised to make it more practical and useful, based on
comments received from the FA, PDoE, Provincial Prosecutor and President of the
Provincial Court.
Comments from participants
Participants noted that while they had received legal training before, this was the most
practical training they had received.
Agenda
Time
8.30 -8.50
8:50-9:10
9:10-9:30
Day 1
Activity
Introduction to the training
14:00-15:15
Value of EPL
Roles and responsibilities of FA
and PDoE
Break
Role of intelligence gathering in
crime prevention (lecture and
Q&A)
Arrest and Search procedures
(Lecture and Q&A)`
Lunch break
Arrest and Search procedures
(quiz/game)
Presentation on charges to file
15:15-15:30
15:30-16:45
Break
Q&A regarding charges to file
16:45-17:00
Explanation of group work for the
following day
9:30-9:45
9:45-10:45
10:45-12:00
12:00-13:30
13:30-14:00
Time
8:30-8:45
8:45-9:45
Day 2
Activity
Synthesis of previous day’s
lessons plus ice-breaker
Preserving evidence, securing and
documenting a crime scene plus
9:45-10:00
10:00-12:00
Break
Different types of offenses under
the law (Lecture and Q&A)
12:00-13:30
13:30-14:00
Lunch break
Interrogation Tips
14:00-14:45
Continuation of Q&A of
Prosecutor
14:45-15:00
15:00-16:00
Break
Roleplaying exercise, how to
By
Maia Diokno
Mark Wright
FAC and
PDoE Staff
Learning outcome
Participants know what to expect over next 3
days
Participants will know why EPL is important
Participants will understand their roles under
the relevant laws
Rohit Singh
Participants will know why intelligence
gathering is necessary for their work
Maia Diokno
Participants will learn how to conduct arrests
and searches under the CPC
Maia Diokno
Participants will learn how to conduct arrests
and searches under the CPC
President of
Participants will learn which articles of the
the Provincial law to use in charging offenders
Court Yan
Narin
President of
Participants will learn which articles of the
the Provincial law to use in charging offenders
Court Yan
Narin
Maia Diokno
By
Group 1
Rohit Singh
Learning outcome
Participants will be reminded of what they
learned the day before
Participants will become familiar with postcrime processes to secure evidence,
document crime scenes
Prosecutor
Khut
Sopheang
Participants will become familiar with the
different laws and the various offenses they
can charge, as well as learn about dealing
with issues that arise during arrests, searches
and seizures.
Maia Diokno
Prosecutor
Khut
Sopheang
Participants will know what questions to ask
suspects and witnesses
Participants will learn about how to deal
with issues arising from arrests, searches and
seizures
Maia Diokno
Participants will learn how to ask questions
16:00-16:45
16:45-17:00
interview suspects and witnesses,
with participants to make
suggestions on what issues the
performance raised
Roleplaying as witness in court,
with participants to make
suggestions on what issues the
performance raised
Explanation of group work for the
following day
Day 3
Activity
Synthesis of what was learned on
the previous day plus ice-breaker
8:15-9:45
Explanation of the court system
and the basic criminal process,
how FA/PDoE can coordinate with
prosecutor (Lecture)
9:45-10:00
Break
10:00-12:00
Filling in court forms, exercise
Time
8:00-8:15
12:00-13:30
13:30-14:30
14:30-14:45
14:45-16:00
16:00-16:30
16:30-17:00
Lunch
Continuation of exercise (forms)
Break
Question and Answer for
Prosecutor regarding his earlier
lecture and other questions
Review of Field Guide, solicitation
of comments to improve the Guide
Final words and Presentation of
Certificates
and Rohit
Singh
of suspects and witnesses
Maia Diokno
Participants will learn how to testify in court
Maia Diokno
By
Group 2
Prosecutor
Khut
Sopheang
Maia Diokno
Learning outcome
Participants will be reminded of what they
learned the day before
Participants will know about how the court
system works and how to ask court staff for
information about cases
Participants will become familiar with the
different forms required by the court and
strategies on how to fill them in
Maia
Prosecutor
Khut
Sopheang
Maia Diokno
Prosecutor
Khut
Sopheang
Participants will know about how the court
system works and how to ask court staff for
information about cases
Participants will become familiar with the
Field Guide and present their comments to
improve the Guide
Photos
Figure 1 FAC chief, PDoE and Provincial prosecutor checking previously filed court cases
Figure 2 Participants practicing interrogation techniques in supervision of provincial prosecutor
Figure 3 FA participants practicing field arrest and questioning
Figure 4 orientation on law and question answer session
Figure 5: Mock interrogation session
Figure 6: Provincial prosecutor having look at
the sample court papers