A fair trial is a guarantee to which anyone charged with a criminal offence is entitled. The right to a fair trial is, in fact, a composite of a number of individual rights which encompass the entire legal process, from the initial arrest of a suspect, through to the completion of the final appeal. A fair trial is essential for the protection of the rights of the accused and victims but also to ensure the proper administration of justice, which is integral to the rule of law.

The concept of a fair trial incorporates all guarantees, and processes, relating to international standards of due process contained in international law mechanisms. These guarantees and processes include, but are not limited to, the following rights, prohibitions and principles:

• Right to a public hearing;
• Right to be tried without undue delay;
• Right to understand the nature of the charge;
• Right to an explanation of rights owed to the accused;
• Right to adequate time and facilities to prepare a defense;
• Right to legal representation and to be present at trial;
• Right to the presumption of innocence;
• Right to be tried by an independent and impartial tribunal;
• Evidence rights (including the right to call and examine witnesses);
• Right to full disclosure of evidence for the preparation of the defense;
• Right against self-incrimination (not to confess guilt as a result of coercion or inducement);
• Prohibition against retroactive application of penal legislation (being tried for an offense that was not an offense at the time it was committed); and
• Rights of Juveniles.

To see in detail, what are fair trial rights and how are they protected internationally and under Cambodian law, please read Fair Trial Rights and Trial Monitoring Handbook.