A/HRC/45/56
practical information in a simple format to assist individuals and organizations to develop
safety and security plans, and to increase their understanding of human rights protection
mechanisms. The handbook will be published in the second half of 2020 and will be
incorporated into a mobile phone application for easy reference and access.
IV. Administration of justice
A.
Legal and judicial reform
22.
OHCHR continued to support legal and judicial reform efforts. OHCHR and the
Ministry of Justice served as co-chairs of the technical working group on legal and judicial
reform, which acts as a coordinating body for the justice sector. In June 2019, the co-chairs
adopted joint monitoring indicators to support the implementation of the National Strategic
Development Plan (2019–2023). These indicators incorporate the recommendations of
international human rights mechanisms to Cambodia, including the need for national laws,
policies and programmes to meet international human rights standards.
23.
OHCHR monitored proceedings in more than 35 trials. In many cases, OHCHR
observed inconsistent compliance with due process and fair trial guarantees protected under
international human rights law, as well as under the Constitution of the Kingdom of
Cambodia and national laws, 17 including in relation to arrest, the right to be promptly
informed of charges, the right to legal representation, the presumption in favour of release
on bail, the right to be tried without undue delay, and the presumption of innocence.
24.
OHCHR continued its efforts to professionalize the criminal justice system. On 6
December 2019, in Phnom Penh, it organized a legal dialogue for local lawyers, drawing on
the experience and practice of the Extraordinary Chambers in the Courts of Cambodia.
Issues discussed included the provision of legal assistance at the pretrial stage, and the
rights to the presumption of innocence, to have adequate time and facilities for the
preparation of a defence, and to an effective remedy for violations of rights.
B.
Strengthening the rule of law and access to justice
25.
On 27 and 28 June 2019, in partnership with the Ministry of Justice, OHCHR
organized a national conference on the criminal justice system, in Phnom Penh. The
conference was aimed at strengthening coordination among courts, prosecutors and prisons
and at standardizing processes within the criminal justice system with a view to reducing
undue delays in criminal proceedings, lengthy pretrial detention, and delayed release upon
completion of sentences, which constitute unlawful and arbitrary detention. The Ministry of
Justice has launched a six-month campaign to address court case backlogs, which will
apply recommendations from the conference. According to the Government, lengthy
pretrial detentions result from the large number of cases and the low number of judges,
prosecutors and lawyers, compounded by the increasing number of arrests, particularly for
drug-related offences. The lack of communication of final judgments results in arbitrary
confinement of prisoners after their sentences have been completed. In follow-up, OHCHR
supported “police-courts-prison” meetings in four provinces, led by provincial prosecutors,
to enhance communication and information-sharing between the police, the courts and
prison authorities.
26.
OHCHR continued to support the roll-out of the Criminal Case Database, which is
now operational in all courts of first instance across the country. The database is designed
to increase transparency and efficiency in the courts, and to avoid excessive periods of
pretrial detention and delayed release after completion of sentences, by improving access to
information and communication between entities for the administration of justice.
17
6
Arts. 32 and 38 of the Constitution of the Kingdom of Cambodia.
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