Showing posts with label Cambodian justice system. Show all posts
Showing posts with label Cambodian justice system. Show all posts
Thursday, August 16, 2012
CCHR Press Release - Trial Monitoring Project 4th Biannual Report
https://www.box.com/s/c3491760705ca0b25f05
https://www.box.com/s/9420bca69d3f1b29339d
https://www.box.com/s/7be743fe510233243e1f
https://www.box.com/s/d775ea9680e2045f08cb
Monday, May 30, 2011
CCHR Trial Monitoring & The promotion of Fair Trials Newsletter 5 - Juvenile Justice: Pre-trial detention and sentencing in the Cambodian justice system
http://www.box.net/shared/59r8x7enk3
http://www.box.net/shared/3c2vykj9js
CCHR Trial Monitoring & The promotion of Fair Trials Newsletter 5 - Juvenile Justice: Pre-trial detention and sentencing in the Cambodian justice system
A message from the President:
This International Children’s Day, the Cambodian Center for Human Rights (“CCHR”) would like to draw attention to the rights of juvenile accused to a fair trial. The rights and best interests of the child must be a primary consideration at all stages of the trial process. Sadly this is not the current state of affairs in Cambodia. I believe with a cooperative approach with government, working in partnership with donors, NGOs and private organizations, Cambodia can develop an effective juvenile justice process that ensures that young persons who break the law receive adequate support to become constructive members of society.
~Ou Virak President of CCHR
Inside: CCHR's findings on instances suggesting that despite legislative provisions for differentiated treatement of juveniles during the criminal justice process, there is a gap between the principles set out in domestic and international law and the application of law by the courts, particularly the case with regard to pre-trial detention and incarceration at sentencing.
Cambodian Center for Human Rights (“CCHR”) Findings
Figure 1 indicates that between January and June 2010, 96% of all juveniles tried were held in pre-trial detention and between July and December 2010, it was 87.5% of all juvenile tried.
Figure 2 sets out the data collected by CCHR in relation to the sentencing of juveniles between January 1 and December 31 2010. The chart shows that of the 94 trials monitored involving juveniles an acquittal was monitored in one trial, while in 61 trials the juvenile accused was incarcerated. In none of the trials involving juveniles monitored during this period was a non-custodial sentence utilized. Two cases were reinvestigated, while information about verdicts and sentencing were unavailable in 30 of the trials.
To subscribe the newsletter, please go to this link: http://cchrcambodia.org/
Please find attached a copy of this newsletter in Khmer and English.
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The Cambodian Center for Human Rights (CCHR) is a non-political, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia. For more information, please visit www.cchrcambodia.org.
Tuesday, March 22, 2011
Monday, June 07, 2010
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
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.
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
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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
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.
# # #
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.
-------------------------------------------
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
Wednesday, March 03, 2010
Justice Project Coming To an End
By Sok Khemara, VOA Khmer
Washington
02 March 2010
Washington
02 March 2010
Cambodia needs more support to continue to improve justice at so-called “centers of justice,” at the local level, a justice official said Monday.
“So if any development partner is interested in giving justice to the Cambodian people, please continue to help,” said Suy Mongleang, secretary-general of the Council for Legal and Judicial Reform, as a guest on “Hello VOA.”
Centers of justice are designed to help people at the grassroots level, and especially women who have been victimized, he said.
His appeal for more aid comes as a Spanish program worth $2 million is wrapping up. It is unclear whether there will be more funding for the Access to Justice Project, which was aimed as a trial to solve problems of land grabbing, money cheating, domestic violence, divorce and others.
The project was attempted in only 56 communes across six provinces and sought to prevent people from wasting time and money on expensive court cases and to provide a venue for resolution to local disputes.
“So if any development partner is interested in giving justice to the Cambodian people, please continue to help,” said Suy Mongleang, secretary-general of the Council for Legal and Judicial Reform, as a guest on “Hello VOA.”
Centers of justice are designed to help people at the grassroots level, and especially women who have been victimized, he said.
His appeal for more aid comes as a Spanish program worth $2 million is wrapping up. It is unclear whether there will be more funding for the Access to Justice Project, which was aimed as a trial to solve problems of land grabbing, money cheating, domestic violence, divorce and others.
The project was attempted in only 56 communes across six provinces and sought to prevent people from wasting time and money on expensive court cases and to provide a venue for resolution to local disputes.
Tuesday, May 20, 2008
US pledges 2 million dollars towards Cambodian justice system
May 20, 2008
DPA
DPA
Phnom Penh - The United States will donate 2 million dollars towards a public information board in all Cambodian courts to help both victims and accused criminals understand their legal rights, the US embassy said in a press release Tuesday.
The donation is provided through USAid and managed by East-West Management, will 'help the public gain greater information about the court', the release said.
Cambodia has recently overhauled its penal code, and one of the legacies left from 30 years of civil war and the 1975-79 Khmer Rouge regime is a general public fear and lack of understanding of authorities such as courts and the police.
The Cambodian government itself has also acknowledged that corruption is endemic in the post-war nation, making achieving justice for the millions of Cambodia's poor very difficult.
The donation is provided through USAid and managed by East-West Management, will 'help the public gain greater information about the court', the release said.
Cambodia has recently overhauled its penal code, and one of the legacies left from 30 years of civil war and the 1975-79 Khmer Rouge regime is a general public fear and lack of understanding of authorities such as courts and the police.
The Cambodian government itself has also acknowledged that corruption is endemic in the post-war nation, making achieving justice for the millions of Cambodia's poor very difficult.
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