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Fair Trial Rights Club Promotes Rule of Law
- 1. FAIR TRIAL RIGHTS CLUB Defence SupportSection DEFENCE SUPPORT SECTION Office of the United Nations High Commissioner for Human Rights CAMBODIA COUNTRY OFFICE
- 12. III. What is the Fair Trial Rights Club? Questions?
- 13. FAIR TRIAL RIGHTS CLUB Defence SupportSection DEFENCE SUPPORT SECTION Office of the United Nations High Commissioner for Human Rights CAMBODIA COUNTRY OFFICE
Editor's Notes
- Welcome Note: On behalf of the DSS and OHCHR, we would like to welcome the inaugural members of the Fair Trial Rights Club. We received CVs of many worthy applicants in this club - congratulations on being accepted into this program. It is our honor to host such a dynamic and talented pool of young law students. Thank you for your interest in Fair Trial Rights, the criminal justice sector in Cambodia, and ensuring that the unique opportunities presented by the ECCC leaves a lasting positive legacy.
- Today’ presentation will give a basic overview of the Fair Trial Rights Club Introductions: First, I will introduce the DSS and our role at the ECCC. Second, I will introduce OHCHR and the legacy work being conducted by the organization. Finally, we would like to know more about you. We’ll go around the room and have each Fair Trial Rights Club member give a brief introduction. II. What are fair trial rights? I will give a brief overview of some key fair trial rights, and why they are so important. We will go into each of these fair trial rights in detail over the coming weeks. What is the Fair Trial Rights Club? I will give a brief overview of the aims and objectives of this club, as well as some of the goals we hope to achieve.
- Defence teams: Each defendant has a small team of Cambodian and foreign lawyers, led by one Cambodian and one foreign co-lawyer. Co-Lawyers advise their defendant on international law and Cambodian law. Co-Lawyers guide their defendant through the complicated process. Co-Lawyers represent their defendant in court. (Slide 2) Defence Support Section (DSS): International and national staff - providing assistance to the defence teams. Legal Aid Scheme - Indigence, assignment, staffing, resources, payment. Legal Support - Research, updates, drafting, document retrieval etc. Legacy and Outreach - Voice of the defence in the media, outreach, training.
- Among the many functions of the OHCHR, the organization trains Cambodian students working in the justice system and gives guidance on human rights issues, domestic law and the use of international human rights mechanisms. The DSS and OHCHR has partnered in the creation of the Fair Trial Rights Club. We hope that by empowering you, the interested stakeholders and future leaders of the Cambodian justice system, we can create a lasting positive legacy of fair trial rights in Cambodia, and improved respect for the rule of law.
- Have each student stand and give their name, school, year in school, and [say why they are interested in FTRC], [state the field of law in which they want to practice]
- Overview of the Importance of FTR In order for the Cambodian criminal justice system to conduct fair and legitimate trials, the courts must diligently conform to the strictest standards of fairness and the utmost adherence to the fair trial rights of the accused. Fair Trial Rights are universally recognized, enshrined in the UDHR and the ICCCPR, and Cambodia has signed these covenants. The Right to a Fair Trial A fair trial encompasses many rights, which must be adhered to before, during, and after a trial. Without maintaining the fair trial rights of the accused, trial proceedings lose their legitimacy and credibility. Maintaining strict, international standards of FTR is especially important at the ECCC, which presents a unique opportunity to create a positive rule of law legacy on future generations in Cambodia.
- The Presumption of Innocence A fundamental, universally recognized right. Prosecution has the burden of proving guilt beyond a reasonable doubt. Only the judges can decide the guilt of the accused. The Right to Legal Assistance Every accused person is entitled to a counsel of their choosing. If they cannot afford one, counsel must be provided free of charge [DSS helps provide counsel for the accused at the ECCC]. The Right to be Informed of Charges In order for a trial to be fair, the accused must understand the charges against them. The ECCC provides interpreters and translation equipment during the proceedings. Adequate Time and Facilities to Prepare a Defence Parties must have an equal opportunity to prepare and present their case. The parties in any trial proceeding must be given the same procedural rights and similar resources.
- The Right to be Present at Trial The accused has the right to be present and defend themselves at trial. The accused can call witnesses and cross examine witnesses called by the prosecution. The Right to a Public Trial Trials must be public and open to the media, foreign representatives, NGOs, etc. The Right to be Tried Without Delay Due to the jurisdiction and unique circumstances of the ECCC, trials have progressed slowly. If a state detains an individual charged with an offense, there is a duty to bring the matter to trial as soon as possible in order to set out evidence against the accused, allow the accused to address the prosecution’s evidence and present evidence of their own. The Right to an Independent and Impartial Judiciary Judges must remain impartial and unbiased, free from outside interference.
- Human Rights Fair trial rights, a branch of human rights, should be available for everyone, even when they are accused of committing the most heinous crimes. Legitimacy In order for the ECCC to leave a lasting positive impact on the criminal justice system of Cambodia, the court must adhere to strict fair trial standards. If the accused are not provided with the utmost standards of fairness during trial, the court will lose credibility and legitimacy. Finding the truth: Evidence and testimony should be aimed at establishing truth and understanding about the Khmer Rouge period and the responsibility for what happened: By testing evidence put forward by the Prosecution and Civil Parties, to separate truth from rumours; defence presents evidence of their own. By giving defendants a voice- they may be the only people who can say what happened; there are always many versions of the same story. Extremely important for the victims of the Khmer Rouge who have suffered so much to know the truth and to believe that the right people are being punished.