CCHR Briefing Note - The Use of Pre-Trial Detention in Cambodian Courts

Dear all,

Today, 14 July 2013, the Cambodian Center for Human Rights ("CCHR") releases a Briefing Note on pre-trial detention in the Kingdom of Cambodia ("Cambodia") which examines the use of pre-trial detention in domestic courts in Cambodia, explores alternatives to pre-trial detention, and offers recommendations for reform to the current system. The first section of the Briefing Note lays out the legal framework through which pre-trial detention or alternatives to detention can be imposed by the courts; the second section examines pre-trial detention in practice, analyzing specific cases where the discretion to impose pre-trial detention has been abused and where the law has not been properly applied; and the third section examines political considerations and the wider social and criminological impact that excessive pre-trial detention can have on society.

The Briefing Note recommends six key areas of reform: (1) the adoption of guidelines and/or supplementary legislation addressing the issue of pre-trial detention; (2) codification of the procedure for violations of Judicial Supervision Orders; (3) logistical support for the supervision of Judicial Supervision Orders and maintaining records; (4) establishment of a procedure for appealing pre-trial detention decisions to a higher court; (5) establishment of a separate law/guidelines for juvenile accused; and (6) training and guidance for members of the judiciary and members of the legal profession.

Please find the Briefing Note attached in English and Khmer.

For more information, please contact CCHR Trial Monitoring Project Officer Duch Piseth via telephone at +855 (0) 12 71 23 71 or e-mail at duchpiseth@cchrcambodia.org or CCHR Consultant Juliette Rousselot via telephone at +855 (0) 15 35 06 20 or e-mail at julietterousselot@cchrcambodia.org.

Kind regards,
CCHR