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FAIR TRIAL  RIGHTS CLUB Seminar 4: The Presumption of Innocence DEFENCE SUPPORT SECTION   CAMBODIA COUNTRY OFFICE
Presentation Overview ,[object Object],[object Object],[object Object]
What is the presumption of innocence? Blackstone’s Formulation “ Better that ten guilty persons escape than that one innocent suffer. "  Questions: ,[object Object],[object Object]
Discussion The Sayings of Angkar “ Better to arrest ten innocent people by mistake  than free a single guilty party.” “ Better to kill an innocent by mistake  than spare an enemy by mistake.” “ You can arrest someone by mistake;  never release him by mistake.” Questions: ,[object Object],[object Object]
What is the presumption of innocence? ,[object Object],[object Object],[object Object],[object Object],[object Object]
Law The accused shall be considered innocent until the court has judged finally on the case ICCPR - International Covenant on Civil and Political Rights Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.  Article 14 CONSTITUTION OF CAMBODIA Article 38
Law LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS OF THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA Article 35 new  The accused shall be presumed innocent as long as the court has not given its definitive judgment.  AGREEMENT BETWEEN THE UNITED NATIONS AND THE ROYAL GOVERNMENT OF CAMBODIA CONCERNING THE PROSECUTION UNDER CAMBODIAN LAW OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA Article 13 - Rights of the accused The rights of the accused enshrined in Articles 14 and 15 of the 1966 International Covenant on Civil and Political Rights shall be respected throughout the trial process. Such rights shall, in particular, include the right: to be presumed innocent until proved guilty...
Law Rule 87: Rules of Evidence EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA INTERNAL RULES  The onus is on the Co-Prosecutors to prove the guilt of the accused. In order to convict the accused, the Chamber must be convinced of the guilt of the accused beyond reasonable doubt.  Rule 12 The Office of Administration shall establish a Victims Support Section and a Civil Party Lead Co-Lawyers’ Section. Every person suspected or prosecuted shall be presumed innocent as long as his/her guilt has not been established.  Rule 21: Fundamental Principles
Discussion  ,[object Object],[object Object],[object Object],[object Object],Questions:
Case Study #1 The following is taken from the ECCC outreach booklet: “An Introduction to the Khmer Rouge Trials” “ Now the time has come for those responsible for planning and directing this horror to be held accountable for their crimes....we hope that Cambodians and all who support us will feel a load lifted from our backs as we finally bring justice in the name of the victims.” -Prime Minister Hun Sen (preface)  [speaker] at a Public Affairs Section (“PAS”) outreach event “ The court has enough competency and enough of a role in Ieng Sary’s case over genocidal crimes, and other crimes…to try him under its jurisdiction.” ,[object Object],Tribunal spokesman Huy Vannak, before the initial hearing
Case Study #1 LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA   Article 1: The purpose of this law is to bring to trial senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia, that were committed during the period from 17 April 1975 to 6 January 1979.  ,[object Object],[object Object],Questions:
Trial By Media
Case Study #2 The OJ Simpson Trial  ,[object Object],[object Object],[object Object],… .he leads a massive police chase for 50 Kilometers.
Case Study #2 Trial By Media – News Coverage ,[object Object],[object Object],[object Object],[object Object]
Case Study Trial By Media – News Coverage
Case Study ,[object Object],[object Object],[object Object],Questions
FAIR TRIAL  RIGHTS CLUB Seminar 4: The Presumption of Innocence DEFENCE SUPPORT SECTION   CAMBODIA COUNTRY OFFICE

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Seminar 4: The Presumption of Innocence

  • 1. FAIR TRIAL RIGHTS CLUB Seminar 4: The Presumption of Innocence DEFENCE SUPPORT SECTION CAMBODIA COUNTRY OFFICE
  • 2.
  • 3.
  • 4.
  • 5.
  • 6. Law The accused shall be considered innocent until the court has judged finally on the case ICCPR - International Covenant on Civil and Political Rights Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Article 14 CONSTITUTION OF CAMBODIA Article 38
  • 7. Law LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS OF THE COURTS OF CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA Article 35 new The accused shall be presumed innocent as long as the court has not given its definitive judgment. AGREEMENT BETWEEN THE UNITED NATIONS AND THE ROYAL GOVERNMENT OF CAMBODIA CONCERNING THE PROSECUTION UNDER CAMBODIAN LAW OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA Article 13 - Rights of the accused The rights of the accused enshrined in Articles 14 and 15 of the 1966 International Covenant on Civil and Political Rights shall be respected throughout the trial process. Such rights shall, in particular, include the right: to be presumed innocent until proved guilty...
  • 8. Law Rule 87: Rules of Evidence EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA INTERNAL RULES The onus is on the Co-Prosecutors to prove the guilt of the accused. In order to convict the accused, the Chamber must be convinced of the guilt of the accused beyond reasonable doubt. Rule 12 The Office of Administration shall establish a Victims Support Section and a Civil Party Lead Co-Lawyers’ Section. Every person suspected or prosecuted shall be presumed innocent as long as his/her guilt has not been established. Rule 21: Fundamental Principles
  • 9.
  • 10.
  • 11.
  • 13.
  • 14.
  • 15. Case Study Trial By Media – News Coverage
  • 16.
  • 17. FAIR TRIAL RIGHTS CLUB Seminar 4: The Presumption of Innocence DEFENCE SUPPORT SECTION CAMBODIA COUNTRY OFFICE