UPR Factsheet: Access to Justice in Cambodia (Fourth Cycle, 46th session in 2024)

• Released Date: 21-Feb-2024
• Publication: Leaflet

The factsheet of the joint submission to the 4th Universal Periodic Review (UPR) of the Kingdom of Cambodia (Cambodia) was prepared by the ‘Coalition for Access to Justice’ (Coalition) comprised of the Centre for Law & Transformative Change (CLTC), the Cambodian Center for Human Rights (CCHR) and the Cambodian Human Rights and Development Association (ADHOC). The submission is endorsed by Cambodian Human Rights Action Coalition, Advocacy and Policy Institute, Legal Aid Cambodia, Community Legal Education Centre, Gender and Development for Cambodia, and Transparency International Cambodia.

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The Infographic on GBV Victims in Trials

• Released Date: 07-Mar-2022
• Publication: Leaflet

Today, 7 March 2022, marks International Women Day of 8 March 2022. CCHR releases an infographic on GBV victims in trials. The infographic provides an overview of the international and domestic legal framework related to the rights of victims in GBV trials, with a focus on accessibility, non-discrimination in trial, access to legal representation, full disclosure and equality of arms, and decision-making according to the law.

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GENDER-BASED VIOLENCE VICTIMS IN CAMBODIA's COURTS

• Released Date: 13-Dec-2021
• Publication: Leaflet

Gender-based violence (“GBV”) refers to harmful acts, whether physical, sexual, psychological, or economic, directed against women and girls based on their gender. It is rooted in gender inequality, the abuse of power, and harmful norms. GBV constitutes a violation of many other fundamental rights, including the right to life, liberty, dignity, equality between men and women, non-discrimination, physical and mental integrity, and to be free from torture and other cruel or degrading treatment.

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Gender-based violence in Cambodia

• Released Date: 07-Dec-2020
• Publication: Leaflet

As part of the 16 Days of Activism to End Gender-Based Violence campaign, CCHR releases an infographic ‘Gender-based violence in Cambodia: Facts & Figures’, to provide a picture of the current situation of gender-based violence in Cambodia. Violence against women is one of the most widespread and devastating human rights abuses in the world today, and remains pervasive in Cambodia. Despite legal protections, it is estimated more than one in five Cambodian women experience violence at the hands of their partner, a number believed to have increased during COVID-19.

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UPR Recommendations Pertaining to Access to Justice

• Released Date: 10-Jan-2020
• Publication: Leaflet

Universal Periodic Review ["UPR"] is a unique mechanism of the United Nations ["UN"] that reviews the fulfillment of each Member States' human rights obligations on a periodic basis. On 5 July 2019 the outcome report of Cambodia's 3rd UPR cycle was adopted at a plenary session of the Human Rights Council. The outcome report details 198 recommendations made in total, with 25 pertaining to access to justice.

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UPR Factsheet: Access to Legal Information

• Released Date: 24-Dec-2019
• Publication: Leaflet

Access to legal information is a fundamental precondition for rule of law, and an important aspect of access to justice. States are required to update and disseminate information to the public on laws, regulations, policies, decisions, and duties of public institutions relating to rights, freedoms, obligations, and public interests. Despite recognizing this right in its legislation and National Strategic Plan, Cambodia continues to leave this right unfulfilled; access to laws and jurisprudence remains limited, irregular, delayed and decentralized.

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UPR Factsheet: Independence of Judiciary

• Released Date: 24-Dec-2019
• Publication: Leaflet

Despite continued recommendations in previous UPR cycles, an independent, impartial judiciary is still not a reality in Cambodia. The national framework does not, in practice, guarantee the independence of the judiciary; the executive hold excessive control over the judiciary with multiple high-level members of the judiciary also belonging to the ruling party. As a result, the judicial system is used as a tool to target political opponents, human rights defenders, trade unionists and journalists, whilst allegations of wrongdoing against public officials rarely lead to meaningful investigation or prosecution.

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UPR Factsheet: Fair Trial Rights

• Released Date: 24-Dec-2019
• Publication: Leaflet

Fair trial rights are protected in Cambodia through both general and specific provisions set out in a number of instruments. Nevertheless, there are still many issues that need to be addressed, such as poor prison conditions, overcrowded prisons with a large number of prisoners in pre-trial detention, the presumption of innocence (which is routinely ignored), the almost non-existent right to an effective defense, juveniles who lack protection and a lack of reasoned judgements. Cambodia's 3rd UPR cycle recognized and raised these issues

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UPR Factsheet: Legal Aid

• Released Date: 24-Dec-2019
• Publication: Leaflet

The right to legal aid for criminally accused persons is guaranteed by Cambodia's legal framework, however this framework is insufficient and not uniformly upheld for all offences and defendants. In reality, the state-sponsored legal aid system in Cambodia is underfunded and understaffed, resulting in the poorer members of society receiving inadequate, if any, legal representation. Consequently, access to justice in Cambodia is itself dependent on wealth and social status, undermining the vital principle of rule of law

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Mentoring Program

• Released Date: 19-Jul-2018
• Publication: Leaflet

Three-day training on fair trial rights and trial monitoring​ for selected law students

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The right to understand the nature and cause of the charge

• Released Date: 15-Feb-2018
• Publication: Leaflet

Allows the defendant to properly prepare a defense and give comprehensive instructions to a lawyer

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The right to adequate time and facilities to prepare a defense

• Released Date: 15-Feb-2018
• Publication: Leaflet

This right ensures the defense has adequate time and facilities to prepare a case without discrimination

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