Photograph: Pha Lina / Phnom Penh Post The Cambodian Center for Human Rights (CCHR) 's monitoring of the Court of Appeal found that most of the trial judges had informed the accused In some cases, judges report incomplete and unsubstantiated allegations.
The Cambodian Center for Human Rights (CCHR) on Monday released a bulletin on the right to a fair trial, targeting the right to a fair trial. Explained the rights of the accused in the Court of Appeal hearing. The CCHR fielded the Court of Appeal at the Court of Appeal from January 1, 2019 to April 2020, overseeing the trial of the case. 273
In these cases, the CCHR monitored whether the judge had informed and explained the rights of the accused. The rights of the accused to be explained by the judge to the accused include the right to an explanation of the nature and the reason for the Allegedly having the right to have a lawyer, the right to self-defense, and the right to remain silent.
The CCHR report states: “During the course of the hearing, the CCHR found that most of the judges had reported the charges to "The accused will explain the nature of the charge to the accused, which has 196 or 72 percent of the cases."
However, out of the 64 cases (23%) the judge only partially explained the charges against the people. Only 31 (5%) of the cases did not mention the charges against the accused.
The judge told the defendants about their right to have 30 defense or defense lawyers, or 11 percent. However, there are 20 cases in which the judge did not inform the defendants of their right to have a defense or self defense.
The CCHR also states that there are 179 cases in which a judge does not need to disclose the right to an attorney because the defendant already has a lawyer. The 142 cases in which the judge failed to mention defendant's right to remain silent. According to the CCHR bulletin.
“Based on the figures above, there is clearly a small number of cases that the judge has told and fully explained to the CCHR. Defendants question their rights. Consequently, the rights of the accused have not yet been fully respected and the practice of such courts is not in compliance There are still national and international standards pertaining to fair trial rights. ”
CCHR presented four recommendations to judges in various courts throughout Cambodia, including the introduction and explanation of defendants' rights. All the Accused have in full and free trial and fully exercise their right to a fair trial On national and international standards and best practices at the Extraordinary Chambers in the Courts of Cambodia or the Khmer Rouge Tribunal.
Ministry of Justice spokesman Chin Malin said yesterday that he could not comment on the specific case at the Court of Appeal, but only administration officials. It is only there that CCHR can comment. However, he said overall, as he examined the CCHR report, it appeared to be no different than the reports the organization had issued. Before.
“For the Ministry, we have the training of the judges, we are very clear on how to write judgments, safeguards, as well as rights,” he said. Of the accused in accordance with the penal code procedure as well as the existing civil code procedure. In addition to training, judges are also regularly involved in this work. So if his report says there are any shortcomings, it would be up to the implementing agencies to come to a conclusion. ”
The Post could not be reached by Chou Bunrin, secretary-general of the Court of Appeal.