Kayan Township or Kayan Township is located in the western District down town, We did a trip from yangon toward Khyan township need about 3 hours by taxi.
When arrived there, We had discussions related to legal aid work is done Khyan Justice Centre, started from U Kyaw Mint is the founder of Khyan Justice Centre. Where Khayan Justice Centre was established in the year 2013.
U Kyaw Myint After finishing the discussion related to legal aid work is done Khayan Justice Centre, then the U Kyaw Mint asked me to ask a question about the legal aid aid to Legal Aid Workes in Khayan Justice Centre. Then I further discussion by asking questions about the legal aid in Myanmar and barriers.
According to legal aid workers, that in khayan justice center have 7 Legal Aid Workers, comprising of senior lawyers, junior lawyers and paralegals and administrative. Khayan Justice Centre focus of providing legal aid for criminal cases both as victims or accused.
Mostly cases defended by Khayan Justice Centre as suspects, began accused of murder, forgery, transportation accidents but for domestice violence accused they do not provide legal aid for the accused but provide legal aid for victims of domestic violence.
The story of the Legal aid workers in Kahayan Justice Centre, that they receiving complaints on average per month over 10 cases. In conducting its the work of legal aid, which they defend clients mostly guilty and there are some cases are free and were not proven so released by judge.
But the interesting part of the story of the legal aid workers in Khayan Justice Centre that the majority of police Actors tortured during the investigation, the oral form (verbal) and also in physical form in order to got confessions. And also no space for accused to defend himself when the police to arrest a person the alleged a suspect in proven the offender does not commit a criminal act intended, other than waiting for the trial process. Police said only that they have enough evidence, if the suspect a different opinion please explain in court.
Moreover, critics of legal aid workers in Kahayan, when suspects released by a judge for not guilty of the alleged acts by the police, there is no recovery (remedy) for the suspect, but already detained because of allegations of are not enough evidence. Added also no sanction for police who commit torture and do any of arrest, so this will have no effect deterrent to police. We want the police to work in a professional and humanists, avoid actions that violate the law in uncovering a crime.
Legal aid workers in khayan justice center to explain more, in the Criminal of Procedure Code, set on the arrested, that the police have the authority to make an arrest for 24 hours, after which it will be brought to court to ask permission to arrest the suspects / accused. The period of detention for a criminal act punishable with imprisonment for 7 years. The police and the public prosecutor have the time to investigate for 15 days, and over 7 years has the authority to make an arrest for 30 days. Then the Public Prosecutor will take the case to trial in the court. to proven that the suspect / defendant who commit such crime. To the trial process no limit arrest of the defendant, it all depends on the completion of the trial as well as in the process of appeal or cassation.
Moreover, that the right to legal aid in myanmar, myanmar government the view is not an obligation of the state to provide lawyers for the accused who are threatened with the death penalty and life imprisonment. in addition there is no obligation on the state to provide legal aid to the suspect / accused. So that accused / suspect legal counsel is an initiative of the suspects / accused and their families to contact a lawyer.
Legal aid workers in Myanmar, hoping to have the seriousness of the government to strengthen legal aid in Myanmar, especially for the poor people, who do not have the ability to hire a lawyer. Myanmar government's commitment begins with a discussion of the draft Law on legal aid, so that in the future the right to legal aid is an obligation of the state. So the state has obligation to provide legal aid for suspects / defendants who are economically poor are not able to provide a lawyer.
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