A/HRC/33/39
36.
The office followed up on the results of the joint OHCHR- Ministry of Justice
survey on the use of the pretrial detention form adopted by the Ministry with OHCHR
assistance in 2014, which for the first time called upon judges to lay out their legal
reasoning when deciding on pretrial detention. To encourage its use, two regional training
sessions for judges, prosecutors and court clerks were held in July 2015, the impact of
which will be assessed in a follow-up survey in July-August 2016. In January 2016,
together with the Bar Association of the Kingdom of Cambodia, OHCHR dedicated to this
issue one of the “Legal Dialogues” series, which convenes lawyers working at the
Extraordinary Chambers in the Courts of Cambodia and lawyers working in the domestic
system. The dialogue encouraged domestic lawyers to call upon judges to use the form
when considering requests for provisional release, reflecting the practices of the
Extraordinary Chambers and other international best practices.
37.
The lack of a legal aid policy, coupled with an increasing but still insufficient budget
for legal aid, continued to lead to cases of arbitrary detention. OHCHR provided grants to
the Bar Association of the Kingdom of Cambodia and to the non-governmental legal aid
organization International Bridges to Justice throughout 2015 to improve access to legal aid
by individuals whose procedural rights in appeal had been allegedly infringed. Of the 222
priority cases followed by the organization, 46 people were released, including 11 who had
been held in excessive detention; 85 are currently serving their sentences, with all case
documents having been obtained; 15 presented opposition motions; 14 requested final
verdicts; final verdicts were obtained for 50 cases; and no information was found on 27
cases. Legal aid provided by the Bar Association allowed for progress to be made on 53
more cases in Phnom Penh, while legal documentation was obtained to support the
detention of all prisoners concerned. The progress made through the implementation of
these grants led to a considerable reduction in the backlog of appeal cases that had been
pending for more than four years. A new one-year grant was approved for International
Bridges to Justice from June 2016 to continue to tackle the backlog in six prisons, focusing
on cases pending appeal for more than three years, and other priority appeal categories,
such as prisoners with disabilities, juveniles, women with children, or lesbian, gay, bisexual
or transgender (LGBT) prisoners. Further work is required with the judiciary and the prison
system to streamline the process of sharing final verdicts between courts and prisons and
thus to ensure that prisoners are lawfully detained and released on time.
38.
OHCHR continued to encourage regular local meetings among the police and court
and prison officials. Between February and May 2016, it supported six such meetings in
Kampong Speu, Pursat, Siem Reap, Takeo, Pailin and Battambang provinces. The meetings
were an opportunity for discussions on areas where cooperation should be strengthened, the
daily challenges that they face, and solutions to improve the effective and efficient delivery
of justice.
39.
OHCHR conducted training and follow-up for provincial prosecutors, police and
gendarmerie officers on the prevention, investigation and prosecution of acts of torture and
ill-treatment. Training on the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment was conducted in late 2015 in Prey Veng province.
Further provincial training and follow-up sessions at the district level are planned for 2016.
40.
OHCHR continued to promote the legacy of the Extraordinary Chambers in the
Courts of Cambodia, using their best practices and experience to strengthen national
judicial capacities and, ultimately, the rule of law. In this regard, in March and April 2016,
OHCHR, jointly with the Raoul Wallenberg Institute of Human Rights and Humanitarian
Law, delivered the first compulsory human rights course for trainee lawyers, aimed at
ensuring that they possess the necessary knowledge to defend the rights of their clients to a
fair trial.
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents