A/HRC/24/32
Extraordinary Chambers in the Courts of Cambodia. During the period under review, the
judicial round tables allowed Extraordinary Chambers practitioners to share their
experiences with colleagues from 17 (of 24) provinces. Discussions focused on pretrial
detention and investigation techniques. OHCHR also continued to support regular meetings
between the police, the courts and prisons in the provinces, especially in the North-West,
through its Battambang regional office, to improve cooperation within the criminal justice
system and to discuss issues related to the implementation of the Code. During the period
under review, OHCHR supported 12 meetings involving the police, the courts and prison
authorities across the country, including in four provinces, where such coordination
mechanisms had not previously been put in place.
26.
Prosecutors play a central role in the implementation of the Code of Criminal
Procedure, since they are involved in every stage of the criminal procedure. In order to
provide an opportunity for prosecutors to discuss how they play their role under the Code
and more specifically how they could better promote respect for human rights in the
criminal justice system, OHCHR partnered for the first time with the Prosecutor-General of
the Supreme Court to organize the first national gathering of prosecutors from across
Cambodia, in March 2013. Discussions focused on the role of the prosecutor at the pretrial
and trial stages, the supervision of the judicial police, and the monitoring of excessive
detention. Participants agreed on a set of recommendations, which will be included in a
report on the meeting, to be published.
27.
Following OHCHR assistance to the Bar Association in finalizing the text for a
revised Code of Professional Conduct, the Code was adopted by the Bar Council in
September 2012 and shared with all lawyers. It is worth noting that the revised Code now
provides that all lawyers have the mission to protect human rights. Under the new Code,
lawyers no longer need to inform or consult the Bar President before they speak to the
media, unlike under the previous Code. OHCHR and the Bar Association organized a
public launch of the new Code in April 2013.
28.
In 2012, OHCHR established the post of Legal Advocacy Officer with the purpose
of enhancing lawyers’ skills in using international human rights standards in court, and to
pursue strategic litigation. In September 2012, OHCHR organized an initial training session
with a group of lawyers on how to use international human rights law and jurisprudence
before the courts. The Legal Advocacy Officer also worked directly with lawyers in seven
cases with a view to assisting them in defending cases relevant to human rights issues and
in making human rights-based arguments before the courts. Through this work, several
human rights issues were brought to the attention of judges, with some success. For
instance, the Legal Advocacy Officer worked with a lawyer on a case involving lesbian,
gay, bisexual and transgender rights. The individual concerned was acquitted on appeal and
released from prison. In another case involving a minor held in pretrial detention in an
adult-only prison, the Legal Advocacy Officer worked closely with the lawyer to submit
arguments based on international human rights law and to ensure the minor’s release. In a
case involving a pregnant woman, OHCHR assisted the lawyer in securing bail for her
client.
29.
During the period under review, OHCHR monitored 23 cases involving human
rights violations. In all cases, OHCHR liaised with judges, prosecutors and lawyers on the
progress of the cases. In certain cases, OHCHR assisted victims in finding a lawyer and/or
provided financial assistance to lawyers to conduct investigations and collect further
evidence in favour of their client. In monitoring the subsequent nine trials, six had positive
outcomes for the defendant (acquittal or sentence reduced).
30.
Progress in the establishment of a national preventive mechanism on torture stalled
during the period under review. Despite the Government’s announcement that a law would
be drafted to establish a national preventive mechanism, no progress was made.
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents