Fair Trial Rights
The right to a fair trial is a human right that is a central pillar of any justice system. It applies to both civil and criminal legal proceedings. With respect to criminal proceedings, the right to a fair trial - which is composed of various individual rights commonly referred to as “fair trial rights”- entitles each and every person charged with a criminal offense to be treated fairly and equally, while the state determines their guilt or innocence.
CCHR’s Fair Trial Rights Project (“the FTR Project”) is the first – and only one – of its kind in Cambodia, uniquely and innovatively working to promote and protect fair trial rights in practice. It overall aims to increase the impartiality and independence of Cambodia’s judiciary by supporting the right to a fair trial in Cambodia’s courts.
The FTR Project has two specific objectives: (1) to socialize the concept of fair trial rights among the public by raising its awareness of fair trial rights and (2) to increase compliance with fair trial standards within the judiciary through trial monitoring. Under this project, CCHR produced a series of modules on the various components of the right to a fair trial. The modules include complete explanations of the concerned rights as well as infographics, and interactive quizzes. They are available in both Khmer and English on CCHR’s Human Rights Education Platform.
- What are Fair Trial Rights?
- The Right to the Presumption of Innocence & The Right to Remain Silent
- The right to liberty, the right to be tried within reasonable time (or to release) and the right to be tried without undue delay
- The Right To Be Informed Of The Nature And Causes of the Charge(s)
- The Right Not to Be Compelled to Confess Guilt or to Testify Against Oneself
- The Right to Adequate Time and Facilities to Prepare a Defense and The Right to Speak with a Lawyer
- The Right to Be Present at Trial and The Right to Defend Oneself in Person or through Legal Representation
- The Right to Be Tried by a Competent, Independent, and Impartial Tribunal
- The Right to a Public Hearing
- Evidentiary Rights (Right to call and examine witnesses)
- The Right to a Public Judgment and the Right to a Reasoned Judgment
- Prohibition Against Retroactive Application of Criminal Law (or Principle of Legality)
- Prohibition Against Double Jeopardy
- The Rights of Children in Conflict with the Law