Fair Trial Rights and Trial Monitoring Handbook

• Released Date: 13-Feb-2012
• Publication: Others

The independent and efficient functioning of the judiciary is central to the protection and enforcement of human rights. The Constitution of the Kingdom of Cambodia (the “Constitution”) provides for recognition and respect for human rights, as stipulated in all relevant international instruments. This includes the right to a fair trial, more specifically defined in the International Covenant on Civil and Political Rights (the “ICCPR”) as “the right of every person accused of a crime to receive a fair and public hearing by a competent, independent and impartial tribunal established by law”.

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The Rights of Persons Under Arrest (Arrest Rights Card)

• Released Date: 06-Feb-2012
• Publication: Others

Under Cambodian law, anyone who is held in police custody has some basic rights to protect them from ill‐treatment. These rights belong to everyone who has been detained—they should not be taken away from you.

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Fact Sheet: Law on the Organization and Functioning of the Supreme Council of Magistracy (“Law on the SCM”)

• Released Date: 03-Feb-2012
• Publication: Report

The SCM is intended to be an independent body that oversees the judiciary. It has the power to appoint, promote, discipline and dismiss judges. This factsheet provides an overview of CCHR’s key concerns and recommendations relating the Law on the SCM.

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Trial Monitoring

• Released Date: 30-Jan-2012
• Publication: Leaflet

This leaflet illustrates the important statistical information gathered by the Cambodian Center for Human Rights’ (“CCHR”) Trial Monitoring Project at the Phnom Penh Court of First Instance (“Phnom Penh Court”) in 2011.

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Human Trafficking Trials in Cambodia in 2011 - January 2012

• Released Date: 20-Jan-2012
• Publication: Newsletter

Cambodian men, women, and children are trafficked for sexual and labor exploitation throughout South East Asia. In 2008, the Law on the Suppression of Human Trafficking and Sexual Exploitation (the “LHTSE”) was introduced in an effort to increase the rate of successful prosecutions for human trafficking offenders in Cambodia.

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Fair Trial Rights in Cambodia: Third Bi-annual Report

• Released Date: 04-Jan-2012
• Publication: Report

This bi-annual report on fair trial rights in Cambodia (the “Report”) is an output of the Cambodian Trial Monitoring Project (the “Project”), implemented by the Cambodian Center for Human Rights (“CCHR”). It presents and analyzes data collected from the monitoring of 585 trials involving 1029 accused at Phnom Penh Capital Court of First Instance (the “Phnom Penh Court”) and Kandal Provincial Court of First Instance (the “Kandal Court”) between July 1 and December 31, 2010 (the “Third Reporting Period”). This is the third bi-annual report from the Project and follows the release of the Project’s first bi-annual report (the “First Bi-annual Report”), in July 2010 and second bi-annual report (the “Second Bi-annual Report”), in March 2011.

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Issue 9: Prohibition Against Retroactive Application of Criminal Law: New Provisions of the Penal Code - December 2011

• Released Date: 12-Dec-2011
• Publication: Newsletter

In October 2009, the National Assembly approved a new penal code, which came into full force and effect in December 2010.The Penal Code of Cambodia (the “Penal Code”) is a code of criminal law consisting of 672 articles. It tacitly replaces laws from the United Nations Transitional Authority in Cambodia (UNTAC) period.

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Issue 8: The Right to a Public Hearing - November 2011

• Released Date: 29-Nov-2011
• Publication: Newsletter

Everyone has the right to have their guilt or innocence determined in a public trial, except in certain exceptional circumstances. This right is guaranteed under international law by Article 14(1) of the International Covenant on Civil and Political Rights (“ICCPR”), as well as under domestic law by the Cambodian Criminal Procedure Code (“CCPC”).

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Issue 7: The Right to Legal Presentation - October 2011

• Released Date: 10-Oct-2011
• Publication: Newsletter

The right to legal representation is fundamental to ensuring a fair trial and is enshrined under the Constitution of Cambodia by virtue of its incorporation of, the International Covenant on Civil and Political Rights (the “ICCPR”), as well as under domestic law.

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Guidance Notes for CCHR Trial Monitoring Checklist for Courts of First Instance

• Released Date: 30-Jul-2011
• Publication: Others

This checklist guidance is guidance only and should not be construed as definitive. Its purpose is to explain the meaning and purpose of each question. The use of examples has been limited to avoid confusion. It is not possible to provide definitive guidance and examples to cover every potential relevant development at trial. (This document is available only in English version)

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Trial Monitoring Checklist of CCHR’s Trial Monitoring Project for Court of First Instance

• Released Date: 25-Jul-2011
• Publication: Others

This trial monitoring checklist is written by the Trial Monitoring Project of the Cambodian Center for Human Rights ("CCHR") - which have been updated as of July 2011 for daily basis Trial Monitors of the Project using during monitoring at the Court of First Instance.

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Issue 6: The Right not to Be Compelled to Confess Guilt - July 2011

• Released Date: 26-Jun-2011
• Publication: Newsletter

The right not to be compelled to confess guilt encompasses the absolute prohibition​​ and cruel, inhuman or degrading treatment or punishment. It includes that no direct or indirect physical or psychological pressure amounting to severe pain or suffering should be inflicted on an accused by’’the investigating or judicial authorities in order to’’secure a confession of guilt.

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