New CCHR Report “human Trafficking Trials In Cambodia” Finds Victims Rights Need Increased Attention

CAMBODIAN CENTER FOR HUMAN RIGHTS

PRESS RELEASE
Phnom Penh, 18th August 2010
For immediate release

NEW CCHR REPORT “HUMAN TRAFFICKING TRIALS IN CAMBODIA” FINDS VICTIMS RIGHTS NEED INCREASED ATTENTION

The Cambodian Center for Human Rights (“CCHR”) today releases a report entitled Human Trafficking Trials in Cambodia (the “Report”). The Report is an output of CCHR’s Human Trafficking Trial Monitoring Sub-Project, supported by The Asia Foundation, and part of the wider CCHR Trial Monitoring Project. The purpose of the sub-project is to monitor human trafficking trials in Cambodia in order to assess their fairness, for both the victims and the accused, against fair trial standards; and to assess the impact of recent legal developments aimed at combating human trafficking, including the Law on the Suppression of Human Trafficking and Sexual Exploitation 2008 (the “LHTSE”). The Report contains data from 15 trials in which the accused were charged under the LHTSE, monitored in courts throughout Cambodia between 10th August and 31st December 2009. Reference is also made to non-LHTSE trials monitored at Phnom Penh Capital Court and Kandal Provincial Court during the same period.

The Report includes some positive findings; for example, the proportion of female lawyers representing victims of LHTSE offenses – 11 of the 15 trials monitored included female lawyers representing victims – suggests some efforts have been made towards gender-sensitivity in relation to legal representation.

However, the Report also raises concerns in relation to LHTSE trials, including:

• Confidentiality - Notice of the time and location of hearings was posted on court notice boards in a much higher percentage of LHTSE-trials than non-LHTSE trials, despite 14 of the 15 LHTSE trials involving juvenile victims and many of the trials involving sensitive victim testimony. Further, in only four of the 15 LHTSE trials monitored did the victim’s lawyer request that the victim’s identity be kept confidential (through a closed hearing or the use of a privacy screen during testimony, for example).
• Delays - There was a major problem with undue delays, with one trial being delayed on five occasions. Such delays are particularly concerning in light of the high incidence of pre-trial detention observed.
• Retrospective application of the law - In one trial, an accused was charged under the LHTSE despite the alleged offense occurring two years prior to the legislation coming into effect. Confusion about the law applicable to human trafficking cases is likely to intensify as the new Penal Code will supersede the LHTSE and create legal uncertainty.

The Report sets out recommendations for improving adherence to fair trial rights and sensitivity to victims in LHTSE trials, including:

• The Royal Academy of Judicial Professions should continue to provide specific training to strengthen the knowledge of graduates about the rights of victims of human trafficking, including their right to privacy;
• The Ministry of Justice should ensure that courts are provided with basic facilities and tools – including screens and audio equipment – to facilitate respect for confidentiality and the privacy of victims and witnesses. Basic notices should be present outside courtrooms stating that such resources are available on request;
• The National Committee to Lead the Suppression of Human Trafficking, Smuggling, Labor Exploitation and Sexual Exploitation in Women and Children and relevant ministries should work with the judiciary and other authorities to ensure that they recognize the interdependence of victim protection and the successful prosecution of human trafficking offences;
• Each court in Cambodia should establish an effective system of communication with legal professionals and other relevant bodies to ensure that delays are not caused by failure on the part of the judge and/or lawyers to attend hearings;
• The Ministry of Justice, Royal Academy of Judicial Professions and other relevant authorities should ensure that judges are provided with clear guidance on the correct interpretation of the LHTSE and its application vis-à-vis other laws.

CCHR aims to use the findings of the Report as a basis for dialogue with the judiciary and other relevant stakeholders, and hopes that the Report will serve as a useful tool for research and study related to human trafficking and fair trial rights in Cambodia. CCHR will continue to analyze the impact of human trafficking in the wider context of the human rights situation in Cambodia. The Report is available to view or download on the Cambodian Human Rights portal www.sithi.org and on the CCHR website www.cchrcambodia.org.

For more information, please contact:

Ou Virak
President
Cambodian Center for Human Rights
Tel: +855 12 40 40 51
Email: ouvirak@cchrcambodia.org

Mang Monika
Senior Trial Monitor
Cambodian Center for Human Rights
Tel: +855 16 92 72 79
Email: monika.mang@cchrcambodia.org