Cambodian Courts Still Struggle to Uphold Defendants’ Rights, CJR Study Finds

Center for Justice and Reconciliation

PUBLIC ANNOUNCEMENT
Cambodian Courts Still Struggle to Uphold Defendants’ Rights,
CJR Study Finds

PHNOM PENH, 7 June 2010: A revealing study by the Center for Justice and Reconciliation’s (CJR) Cambodian Courts Monitoring Project (CCMP) has found that defendants have been frequently denied the right to Equality of Arms, a fundamental legal principal including the rights to be tried in person, to defense counsel, and to examine and cross examine. From December 2009 to February 2010, the CCMP study monitored 484 full criminal trials at the Supreme Court, the Appeals Court, and the Courts of First Instance in Phnom Penh, Battambang and Kandal.

CJR found that the right to Equality of Arms, which is protected by the Constitution and the International Covenant on Civil and Political Rights, which Cambodia ratified in 1992, is often violated. On average, of the 799 defendants monitored, slightly more than one third was tried in absentia. At the Appeals Court, which is responsible for hearing appeals from all twenty-one courts of first instances nationwide, nearly seven in ten defendants were absent from their own hearings. This finding highlights the continuing lack of infrastructure and administrative support for defendants who need to travel great distances to the Appeals Court.

CJR’s monitors found the absence of defendants at trials resulted in shorter trial duration. Of the monitored trials held in absentia, more than 90% were less than 30 minutes in duration. Out of all trials monitored, less than 1 in 5 included the presence of witnesses examined by the judges. Less than 1 in 10 trials were conducted with both victims and witnesses in attendance. Thus, the majority of defendants were deprived of the right to examine all the witnesses brought against them.

CJR noted that the provincial courts, including the model court in Kandal, were better at upholding the law and ensuring that felony defendants were assisted by legal counsel. CJR also made the positive finding that among juvenile defendants charged with felonies, over nine in ten had representation at trial.

CJR’s analysis and recommendations are included in the full text of its CJR Law Review, available online at http://www.cjr-cambodia.org/reports_research.html. Two thousand copies will be distributed free of charge to the Ministry of Justice, Council of Legal and Judicial Reform, Bar Association of the Kingdom of Cambodia, judges, judicial police, media, the pubic and donors.

CJR’s Cambodian Courts Monitoring Project works to a) collect, record, and consolidate quality data, b) assist the Royal Government of the Kingdom of Cambodia and the NGO community in identifying shortcomings and offering recommendations to aid the legal and judicial reform process, and, c) inform the general public of fair trial rights. CJR is a non-profit non-governmental organization that seeks to promote justice, reconciliation, and democratic values in Cambodia. The United Nations Office of the High Commissioner for Human Rights generously supports the CCMP.

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For more information, please visit www.cjr-cambodia.org or contact:
1. Mr. Daravuth SENG, International Co-director: Justice Programs
Tel: + 855.92.617.530 Email: dseng@cjr-cambodia.org

2. Mr. IM Sophea, National Co-director: Reconciliation Programs
Tel: +855.77.777.367 Email: sopheaim@cjr-cambodia.org

3. Ms. CHOU Vineath, Cambodian Courts Monitoring Project Manager
Tel: +855.12.55.4828 Email: vineath@cjr-cambodia.org

5. Ms. Jennifer BOMBASARO-BRADY, Public Relations Manager
Tel: +855.17.345.647 Email: jennifer@cjr-cambodia.org

Office hours are 8 AM – 5 PM Monday – Friday, except on public holidays.

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Center for Justice and Reconciliation
"Moving Forward, Together"
#207 E1 Street 63, Beoung Keng Kang I
Phnom Penh, Cambodia

Office: +855.23.213.442
Fax: +855.23.213.443
Web: http://cjr-cambodia.org