FAIR TRIAL RIGHTS CLUB

DEFENCE SUPPORT SECTION Office of the United Nations High Commissioner for Human Rights

CAMBODIA COUNTRY OFFICE

Presentation Overview

I. Introductions

II. What are fair trial rights?

III. What is the Fair Trial Rights Club?

I. Introductions

• Defence Teams– Small mixed teams – Cambodian and

international Co-Lawyers– Advise client on law– Guide client through

process– Represent client in court

• Defence Support Section– Mixed staff assist the

defence teams– Legal Aid Scheme– Legal support– Legacy and outreach work

Defence Support Section ECCC

I. Introductions

Office of the United Nations High Commissioner for

Human Rights, Cambodia Country Office (“OHCHR”)

• Supporting the development of a legal and institutional framework which protects the exercise of human rights, consistent with the international human rights standards enshrined in Cambodia’s Constitution.

• Supporting the capacity of civil society actors (human rights NGOs, women’s associations, media, trade unions, and others) to monitor and advocate for human rights, and protecting their activities through fostering a climate of mutual respect, dialogue and cooperation with the Government.

• Monitoring the implementation of laws and the actions of state institutions responsible for respecting rights, reporting problematic areas to the Government and other relevant actors for corrective action, and looking jointly for solutions.

• Legacy: OHCHR Cambodia legacy program.

I. Introductions

Participants: introduce yourselves!

II. What are Fair Trial Rights?

• An essential, universally recognised right enshrined in international law in both the Universal Declaration of Human Rights (the “UDHR”) and the International Covenant on Civil and Political Rights (the “ICCPR”).

• The right to a fair trial is made up of a number of more specific individual rights, including pre-trial rights, which, when recognised and provided for, together ensure that a person charged with a criminal offence is treated fairly while the state determines their guilt or innocence.

Overview

II. What are Fair Trial Rights?

• The presumption of innocence: the accused shall be presumed innocent until proven guilty.

• The right to legal assistance: suspects are unconditionally entitled to assistance from counsel of their own choosing, and to have legal assistance assigned to them free of charge if they cannot afford it, as well as the right to interpretation, as necessary, into and from a language they speak and understand.

• The right to be informed of charges: suspects must understand the nature of the charges against them.

• Adequate time and facilities to prepare a defence.

Examples of Fair Trial Rights

II. What are Fair Trial Rights?

• The right to be present at trial.

• The right to a public trial.

• The right to be tried without delay.

• The right to an independent and impartial judiciary.

Why are fair trial rights important?

• Human Rights - Fair trial rights ensure that a person charged with a crime is treated fairly while the state determines their guilt or innocence.

• Without adherence to strict fair trial standards, criminal proceedings lose credibility and judicial verdicts lose legitimacy.

• Victims of a crime deserve to know exactly what happened and who was responsible.

• Evidence and testimony is carefully tested to ensure an accurate and comprehensive account is created.

II. What are Fair Trial Rights?

III. What is the Fair Trial Rights Club?

Purpose• Improved respect for Fair Trial Rights (“FTR”) and

strengthened rule of law in Cambodia.

• The Fair Trial Rights Club (“FTRC”) is aimed at contributing to Cambodian law students’ and recent law graduates’ understanding of and conviction for fair trial rights (“FTR”), embowering them to promote greater respect for FTR and strengthened rule of law when they go on to work in the Cambodian justice sector.

Overview• 8 seminars (in English) in Phnom Penh to teach

participants about FTR, with references to practises at the ECCC.

• Interactive presentations, guest lectures, role-play exercises and visits to the ECCC.

• Participants’ discussions will be fed into a Law Students’ Handbook on FTR (“FTR Handbook”) explaining key FTR and the application of FTR at the ECCC, to be provided to Cambodian universities and resource centres.

• Curricula developed for the FTRC courses will be provided to universities to incorporate into their own law courses, and training on teaching the curricula will be provided to academics.

• FTRC participants will be introduced to lawyers, judges, prosecutors, human rights advocates and others working in the Cambodian justice sector, including at the ECCC - it is hoped that the FTRC together with other ECCC legacy initiatives will contribute to the growth of a network of individuals and groups working to promote FTR and rule of law in Cambodia (“Justice Network”).

III. What is the Fair Trial Rights Club?

Questions?

III. What is the Fair Trial Rights Club?

FAIR TRIAL RIGHTS CLUB

DEFENCE SUPPORT SECTION Office of the United Nations High Commissioner for Human Rights

CAMBODIA COUNTRY OFFICE