A/HRC/18/47
need for independent monitoring of the criminal justice system. Local monitors found
improvements in legal representation and in the handling of evidence in cases in Phnom
Penh Municipal Court and the nearby Kandal Provincial Court: legal representation in cases
where accused were charged with felonies increased from 95 to 97 per cent, and the number
of trials in which evidence was presented increased from 77 to 96 per cent. However, a
continued lack of data relating to cases in the other provinces made it difficult to assess
accurately the extent to which accused persons’ rights were being upheld nationally.
OHCHR is supporting the monitoring of two additional courts – one of which deals with a
prevalence of trafficking cases (Banteay Meanchey) and another which deals with cases
relating to land and housing rights, particularly in relation to indigenous peoples
(Rattanakiri), in order to improve access to information about the conduct of criminal trials
and provide greater monitoring of currently contentious human rights issues. OHCHR
planned, with the Ministry of Justice, a review conference on the implementation of the
Cambodian Criminal Procedure Code to be held four years after its coming into force. At
the Ministry’s request, this conference has been postponed until later in 2011.
50.
The ECCC continued its proceedings in 2010 and 2011, with the Trial Chamber
issuing its verdict in its first case (Case 001) against Kaing Guek Eav, alias Duch, on 26
July, 2010. Duch was sentenced to 35 years’ imprisonment for war crimes and crimes
against humanity committed at S-21, a security prison located in the heart of Phnom Penh.
Appeal hearings in the case were held in March 2011. At the same time, the Closing Order
in Case 002, against Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, was issued in
September 2010, sending the case to trial. Initial hearings in that case were conducted from
27-30 June 2011.
51.
OHCHR continues to follow the ECCC proceedings. In keeping with its 2008 policy
document, Rule-of-Law Tools for Post-conflict States: Maximizing the Legacy of Hybrid
Courts, OHCHR has encouraged the use of good practices from the Court and seeks to
ensure that the ECCC leaves a positive legacy in the Cambodian justice system. The
programme, which has the strong support from Sok An, Deputy Prime Minister and Chair
of the Khmer Rouge Tribunal Task Force, seeks to ensure that the knowledge, skills and
practices obtained by Cambodian judicial and legal professionals working at the Court
translate into tangible and systemic changes in practice in the domestic criminal justice
system. Together with the Council for Legal and Judicial Reform and the ECCC Office of
Administration, OHCHR is implementing a series of judicial round tables, which are aimed
at providing a forum for discussion among Cambodian judges and prosecutors about ways
in which the practices of the Court can be used to further the Government’s legal and
judicial reform strategy (as identified in its National Strategic Development Plan) in
accordance with international human rights norms and standards. In addition to the judicial
round tables, OHCHR engages in a number of activities aimed at increasing the demand for
justice in the domestic sector, such as public lectures, supporting civil society’s efforts at
legacy programmes, and working with students. OHCHR is also supporting lawyers
actively engaged in ensuring the rights to a defence and to civil party participation in the
criminal justice system.
VI.
Public information and human rights education
52.
Public communications, education and awareness-raising continued to be a key
means for OHCHR to bring human rights into the everyday lives of Cambodians. In
recognition of this, OHCHR Cambodia established a communications unit in late 2010 to
handle publications, press and media and the OHCHR Cambodia bilingual website, as well
as interpretation and the translation of materials.
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