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Wednesday 4 January 2012

Third CCHR Report shows incremental improvements in public hearings and legal representation, shortfalls in pre-trial detention

Press Release – Phnom Penh, 04 January 2012

Over 500 Criminal Trials Monitored In Fair Trial Study:

Third CCHR Report shows incremental improvements in public hearings and legal representation, shortfalls in pre-trial detention

Following six months of daily monitoring of criminal hearings in the First Instance Courts of Phnom Penh and Kandal, the Cambodian Center for Human Rights (CCHR) releases the results of its third bi-annual “Fair Trial Rights in Cambodia” report (the “Report”). The Report contains data from a study of 585 trials, involving 1,029 accused, monitored between 1 July to 31 December 2010, and analyzes both improvements in the courts’ adherence to fair trial standards, and continued shortfalls.

The study found a number of improvements in adherence to fair trial standards compared to the previous reporting periods, including an increase in the number of trials in which the date and the time of the hearing were published on public notice boards outside of the court; an increase in the rate of legal representation in felony trials; and a decrease in the number of instances in which other parties beside the judge were seen to be entering the deliberation room.

However, the study revealed a number of concerning trends in relation to the continuing high rates of pre-trial detention of accused persons and excessive pre-trial detention, the low levels of legal representation for those charged with misdemeanors and judges’ persistent use of mobile phones.

Responding to the above issues, the Report recommends, amongst other things, that a national policy on legal aid be developed, a nationwide detention database is developed to monitor pre-trial detention to ensure that it does not exceed statutory limits, and that the Ministry of Justice issues guidance with regards to the use of mobile phones by judges during trials.

The recommendations in the Report are addressed to a number of different bodies and highlight the interconnectedness of the justice system. Though monitoring trials takes place in the courtroom, improved adherence to fair trial standards will require cooperation, support, and leadership of other groups, such as law enforcement agencies, prison authorities and NGOs. Pre-trial detention and legal representation, as shown in the Report, are two areas where greater cooperation could improve adherence to fair trial rights.

The CCHR Trial Monitoring Project is supported by the United States Agency for International Development through the East West Management Institute.

The Report is available to view or download in Khmer and English on the Cambodian Human Rights Portal http://www.sithi.org and on the CCHR website, http://www.cchrcambodia.org.

For more information, please contact:

Mr. Ou Virak, President, CCHR Ms. Monika Mang, Senior Trial Monitor

Tel: +855 12 40 40 51 Tel: +855 16 92 72 79

Email: ouvirak@cchrcambodia.org Email: monika.mang@cchrcambodia.org

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