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211.
Given that the Supreme Council of Justice has not yet been established, the trial courts, the Court of Appeal and the Supreme Court do not yet function well, because of the lack of competent staff and documents available for consultation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Some judges are obliged to seek the opinion of the Ministry of Justice on the interpretation of articles and the determination of offences; the Minister of Justice makes recommendations and issues guidelines to enable the judges to apply laws and procedures correctly.
Such actions might weaken the independence of the judiciary to some extent, but under the present circumstances, in which judges are not sufficiently experienced, they need guidance in order to perform their work. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Relationship between the provincial authorities and the courts 212.
Before 1992, the courts were completely subordinate to the provincial authorities from both the personal and the financial points of view.
Since 1992, and more particularly since the Constitution's entry into force in September 1993, the judiciary has been an independent branch (art.
109).
The courts are no longer under the administration of the provincial and municipal authorities. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, as the influence of the past has not yet been completely eliminated, the provincial and municipal authorities might weaken the independence of the judiciary to some extent.
Interference by other branches 213.
Interference by other branches in the work of the courts most often takes the form of pressure, obstruction of proceedings and threats by those in power, particularly when they are members of the armed forces.
214. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
214.
Impartiality of the courts: Articles 109.2 and 110.2 of the Constitution stipulate that the courts must render their decisions impartially and strictly according to the law.
However, the courts’ decisions depend on the independence of the judiciary and on equality before the law.
As the independence of the judiciary and the equality of all before the law are not fully guaranteed, the impartiality of the courts also cannot be fully guaranteed.
215. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
215.
The impartiality of the courts is furthermore linked to the rules governing the status of judges, by which all judges are guided in performing their duties.
The Supreme Council of Justice is to decide on appointments, promotions and grades, transfers and disciplinary measures.
However, despite the National Assembly's adoption of the Law on the Organization and Functioning of the Supreme Council of Justice on 22 December 1994, the Council is not yet operational. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Ministry of Justice is in the process of drawing CCPR/C/81/Add.12 page 39 up a report for the King in preparation for the convening of the Council's first meeting.
In the interim, the Minister of Justice has made proposals to the King regarding the appointment of new judges from among candidates holding a law degree, as well as proposals concerning the transfer of prosecutors and judges from one court to another, at their request.
216. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
216.
Competence of judges: From 17 April 1975 to 7 January 1979, under the Khmer Rouge regime, all judicial bodies were destroyed and nearly all the judges were killed.
The Ministry of Justice managed to reincorporate only five surviving judges in early 1980.
The judicial system was re-established in mid-1982 and a law on the organization and activities of the courts was enacted by the National Assembly on 10 February 1982. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
New judges were recruited by the Ministry of Justice, which establishes the rules governing their profession.
Since then, the Ministry has organized short-term training courses to enable these new judges to acquire the necessary legal knowledge and basic practices, that is, to learn on the job.
Because there is a lack of sufficiently qualified instructors, judges' training does not yet guarantee quality. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Ministry of Justice has also made its staff available to the courts for the training of judicial personnel.
As a result of a number of successive training sessions judges have been able gradually to acquire knowledge and capacities.
However, this is still not enough. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, this is still not enough.
In order to develop capacities and provide the courts with the remaining judges they require, the Ministry of Justice, with French assistance, trained 42 new judges in 1994 and 1995, and in the coming years intends to train other judges to be recruited from among candidates holding a law degree.
An 18-month training programme for the provincial and municipal courts began, with American assistance, in May 1995. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Cambodia Office of the Centre for Human Rights also began its assistance programme for judges in the provinces in 1995.
217.
Establishment and competence of the courts: All the courts currently operating in Cambodia, including military courts, were established in conformity with the 1993 Law on the Organization and Functioning of the Courts and with the Transitional Criminal Law.
All the courts are therefore competent to render judgements in accordance with the law. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The military court system is not competent to try ordinary offences, which means that accused persons are guaranteed the right to appear before a competent court.
No special courts have been established to resolve special cases.
All proceedings, including administrative cases, fall within the competence of the courts of the judicial system (Constitution, art.
109).
218. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
109).
218.
Public hearings: According to article 128 of the Criminal Procedure Law and article 23 of the Transitional Criminal Law, all proceedings must be held in public.
The provisions of these two laws are applied by all the courts.
Only the parties, witnesses and other persons involved are given notice to appear at the hearing.
But in fact the hearing is also attended by the public.
219.
However, the legislation also provides for hearings in camera. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 129 of the 1993 Criminal Procedure Law provides that “if public proceedings might prove dangerous to public order and morality, proceedings in camera may be ordered.
Hearings in camera may cover only a part of the proceedings.
In other words, the duration of the in camera proceedings is CCPR/C/81/Add.12 page 40 strictly limited to the examination of the case. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The judgement must be rendered in public, on pain of invalidity.” Article 23 of the Transitional Criminal Law also stipulates that “all proceedings must be held in public, except when the victim or his beneficiaries request proceedings in camera and the judges agree.” 220.
Whether the hearing is held in public or in camera, the judgement must be pronounced in public (Criminal Procedure Law, arts.
129 and 142).
This principle applies to the courts at all levels. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Even when the judgement cannot be pronounced immediately, the court must inform the participants of the date on which it will be announced so as to enable everyone to participate.
221.
The measures taken by the Royal Government to enforce these principles are an indication of the importance it attaches to the need to improve and strengthen the judicial system. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Ministry of Justice has prepared a draft Code of Criminal Procedure and a draft Code of Civil Procedure in an effort to improve the adjudication and effectiveness of the courts at all levels.
The bill on the status of judges provides for the appointment, advancement, transfer and discipline of judges, as well as appropriate remuneration to enable them to lead an honest life.
The Court of Appeal has been operating since May 1994 in order to guarantee the highest possible level of justice. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The National Assembly has passed the Law on the Organization and Functioning of the Supreme Council of Justice, which is responsible for guaranteeing the independence of judges.
Paragraph 2 222.
Regarding the presumption of innocence, article 38.7 of the 1993 Constitution states that “every accused person shall be considered innocent until the court's decision becomes final”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 25 of the Transitional Criminal Law stipulates that “all suspects and accused persons or defendants shall have the benefit of the most absolute presumption of innocence”.
These legal provisions are recognized throughout the Kingdom.
In practice, however, situations may be found where persons not yet tried by the courts are held in the same prison as convicted persons and where, during interrogations, some police officers have put pressure on accused persons in order to obtain confessions.
223. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
223.
The above is inevitable, especially under the present circumstances, as Cambodia is encountering many difficulties in all areas, for example, being unable to build pre-trial detention facilities.
Nevertheless, unconvicted prisoners are segregated from convicted prisoners.
Beatings during interrogation are attributable to the fact that some police officers lack the proper techniques for questioning accused persons.
224. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In order to guarantee the proper implementation of the above-mentioned principles, the Royal Government has taken the following measures: It has appealed for international assistance to improve the prison system; The Ministry of the Interior has requested a budget appropriation for the construction and renovation of prisons; CCPR/C/81/Add.12 page 41 The Ministry of Justice has prepared a draft Criminal Code and a draft Code of Criminal Procedure, both of which clearly establish the presumption of innocence; Training courses are provided for prison staff, with assistance from the Cambodia Office of the Centre for Human Rights and NGOs. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 3 225.
Every accused person is guaranteed the following rights: Right to be informed promptly of the charges against him 226.
Article 13.1 of the Transitional Criminal Law sets a 48-hour time-limit for the detention of suspects by the police.
Article 75 of the Criminal Procedure Law requires examining magistrates to inform accused persons of the charges against them.
These principles are binding throughout the Kingdom, but they are not applied in a satisfactory manner. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Some accused persons are not brought before the prosecutor within the 48-hour time-limit.
Others are detained without a warrant of committal.
Still others are arrested without an arrest warrant.
Such persons may not know the charges against them.
In order to limit these problems, the Ministry of Justice has issued strict orders to all prosecutors to visit the detention centres and prisons under their jurisdiction at least once a month. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Right to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing 227.
Article 38.8 of the Constitution states that “every person has the right to defend himself in a legal proceeding”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Articles 13.4 and 21.2 of the Transitional Criminal Law stipulate that, within 48 hours after arrest, the defender or lawyer must receive written notificaton of the charges against the suspect and must be informed of the date of his client’s trial at least 15 days in advance.
Articles 76, 78 and 80 of the 1993 Criminal Procedure Law grant accused persons the right to legal assistance as from their first appearance before the examining magistrate. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
These articles also grant the lawyer or defender the right to inspect the file and to communicate freely with the accused.
These provisions ensure that accused persons have adequate time for the preparation of their defence.
228.
The above principles are binding throughout the Kingdom, but they are not applied in a satisfactory manner. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
One problem concerns the ability of the lawyer or defender to communicate freely with the accused: most of the time, the lawyer or defender will have been unable to speak privately with his client, prison staff in some cases being present when counsel and client meet.
Right to be tried without undue delay 229.
Accused persons in custody have the right to request the court to try them without undue delay. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
This right is protected and guaranteed by the law, which sets the maximum duration of detention at six months (Transitional CCPR/C/81/Add.12 page 42 Criminal Law, arts.
14 and 21).
These legal provisions guarantee accused persons the right not to be held in detention pending trial for more than six months.
230.
Articles 61 and 64 of the Criminal Procedure Law provide that persons arrested in flagrante delicto must be tried immediately or as promptly as possible. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
If the file is incomplete, however, the court may postpone the case to a later date, which may not be later than four months from the date of arrest.
If a serious offence is involved, an immediate trial is not possible.
Sufficient time is needed for the investigation to be conducted properly so as to identify those persons actually responsible (art.
60 of the Criminal Procedure Law).
231.
These principles are binding throughout the Kingdom. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, under the present circumstances, in which the number of judges is small, and where our investigators’ capacities and the resources available to them are limited and the number of trials is increasing considerably, these principles are not applied in a satisfactory manner.
There are delays in trying most accused persons. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
There are delays in trying most accused persons.
According to reports from prosecutors in 17 provinces which were brought to the attention of the Ministry of Justice at the end of 1994, of 785 unconvicted prisoners, 52 had been held for more than six months without being tried or released.
However, the Ministry of Justice has continually reminded prosecutors of their obligation to bring accused persons to trial promptly.
Right to a defence 232. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Right to a defence 232.
The right to a defence is a fundamental right guaranteed by article 38-8 of the 1993 Constitution.
Article 10.1 of the Transitional Criminal Law recognizes the right to legal assistance for all persons charged with an offence or crime.
Article 7 of the Law requires accused persons to be provided with such assistance to seek a remedy. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Articles 75 and 76 of the Criminal Procedure Law recognize the right of accused persons to defend themselves in person or through counsel of their own choosing or assigned to them by the court.
233.
The right to a defence is recognized throughout the Kingdom.
There are currently an insufficient number of lawyers in Cambodia, as nearly all lawyers were murdered by the Khmer Rouge regime. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In 1982, the Government designated 62 public servants having some legal knowledge to fulfil defence functions in court proceedings, with three defenders available per court.
Following the adoption by the National Assembly of the Transitional Criminal Law, which establishes the criteria for such defenders, the activities of the latter have increased as a result of the assistance provided by UNTAC in regard to training.
234. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
234.
Certain human rights associations and NGOs have Government authorization to train defenders.
In early 1995 25 new defenders recognized by the Ministry of Justice began defending accused persons in criminal proceedings, primarily in the provinces.
These defenders are occasionally assigned by the court to defend accused persons free of charge.
Thus, accused persons are provided with a legal defence in all circumstances.
CCPR/C/81/Add.12 page 43 235. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
CCPR/C/81/Add.12 page 43 235.
In October 1995, 29 new lawyers took their professional oath.
A bar association has been established and a president elected.
Right to have witnesses 236.
The right to have witnesses guarantees fairness in the court's decision.
Both parties, the prosecution and the defence, must have witnesses and discussion must be permitted during the hearing; that is stipulated in article 24 of the Transitional Criminal Law. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Articles 133, 134 and 135 of the 1993 Criminal Procedure Law provide that the judge must hear all of the parties' witnesses.
237.
The prosecution and defence witnesses are equal before the law.
The 1993 Criminal Procedure Law provides, in article 134, that all witnesses must be sworn in; taking the oath serves as a reminder to witnesses that, on the basis of their respective religious beliefs, they must tell the truth.
238. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
238.
During the hearing, all witnesses must be heard and questioned by the court (Transitional Criminal Law, art.
24.1, and Criminal Procedure Law, arts.
130-137).
239.
Both prosecution witnesses and defence witnesses must, upon being given notice by the court, be present during the hearing.
In practice, however, witnesses, especially defence witnesses, are sometimes absent and merely submit their statements in writing (in general, it is very rare for there to be defence witnesses in criminal cases). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In such instances, the witnesses can neither be heard nor be questioned.
240.
However, prosecution witnesses and defence witnesses are generally heard by the examining magistrate and the clerk of the court reproduces all their statements in the record.
Witnesses are reluctant to appear at hearings for fear of reprisals by parties to the case.
Some witnesses do not have the wherewithal to attend a hearing, and courts have no budget to defray their travel and subsistence costs. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In this instance, the magistrate has to go to the witnesses' places of residence to examine them and enter their depositions in the record.
At the hearing, the court will then simply have the clerk read out the witnesses' statements as contained in the record.
241.
The absence of witnesses during proceedings means that not all the facts can be checked. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Royal Government has taken the following measures to deal with this problem: The Ministry of Justice is reorganizing the judiciary to ensure that judicial procedure can be properly followed; In refresher courses it holds for magistrates, lawyers and prosecutors, the Ministry of Justice emphasizes that in every hearing the witnesses must be heard; The draft Criminal Code and the draft Code of Criminal Procedure make it obligatory for the witnesses to be present at the hearing and provide for the protection of witnesses against all acts of reprisal by the parties to a case. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
CCPR/C/81/Add.12 page 44 Right to the free assistance of an interpreter 242.
This right enables a defendant or witnesses who do not speak the official language to express their opinions before the court.
There is as yet no rule on this matter in Cambodian law.
Article 136 of the 1993 Criminal Procedure Law merely provides that “if a defendant or witness is a deaf mute, but knows how to write, the clerk shall submit questions and comments to him in writing and he shall reply in writing. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
If he does not know how to write, the magistrate shall designate as his interpreter the person who habitually converses with him by means of signs”.
243.
Article 136 of the 1993 Criminal Procedure Law also applies to persons who do not speak Khmer.
In such cases, the court appoints an interpreter.
Although there is no corpus of officially approved court interpreters, each court will, as necessary, appoint an interpreter or request the Ministry of Justice to do so. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Right not to be compelled to testify against oneself or to confess guilt 244.
Article 38.5 of the 1993 Constitution provides that “confessions obtained by physical or mental duress shall not be considered proof of guilt”.
Article 24.3 of the Transitional Criminal Law similarly rejected forced confessions as evidence.
That principle is not fully observed, since physical or mental coercion of accused persons is still quite frequent.
This mostly occurs prior to their being brought before the prosecutor. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
245.
Confessions that accused persons make to the police are examined and verified by the prosecutor's office once it receives the case file.
They are not binding on the judge.
Article 41 of the Criminal Procedure Law provides that as a general rule “records of police questioning are for information only.
In other words, they shall be considered simply as reports and neither the courts nor judges are obliged to believe them. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In the absence of conflicting evidence, such records shall be considered valid”.
Article 42 of the Criminal Procedure Law states that “records of questioning by the judicial police shall, if drawn up by members of that force, be considered valid until they are proved otherwise.
Judges shall therefore consider the contents of such records reliable and accurate until they are proved otherwise. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Evidence in rebuttal of records may be submitted to the judge in the case without hindrance and by any legal means”.
Article 24.2 of the Transitional Criminal Law provides that “all evidence may be discussed at the hearing, including police reports, which shall not in any event constitute irrefutable evidence”.
246. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
246.
To ensure that these principles are properly applied, the Royal Government pledges to take the following measures: Holding of courses for police officers, judges and prison officials on questioning techniques; Prosecution of those who pressure or coerce witnesses or defendants or commit acts of torture.
CCPR/C/81/Add.12 page 45 Paragraph 4 247.
As regards the treatment of accused juveniles, the Constitution affords special attention to the protection of children (art.
48.2). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
48.2).
Article 14.5 of the Transitional Criminal Law defines the conditions for the pre-trial detention of minors and article 76.2 of the Criminal Procedure Law makes it obligatory for the president of the court to assign them a lawyer.
No provision of the law clearly sets out the penalties or punishments applicable to minors; however, article 68 of the Transitional Criminal Law provides for minors to enjoy the benefit of mitigating circumstances. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Articles 68.1 and 68.2 state that “judges shall take account of mitigating circumstances to reduce the penalties provided for in the present text to even below the minimum, especially in respect of the youngest offenders.
For all defendants aged under 18, the penalties provided for in the preceding articles shall be halved, without prejudice to favourable treatment under the rules laid down by the existing administrative structures”.
248. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
248.
Cambodia does not at present have any law establishing juvenile courts or any special procedure for trying minors.
Minors are subject to trial before the same courts as adults.
The time required to decide their cases is the same as for adults; it depends on the speed or otherwise of police and judicial procedures.
249. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
249.
With a view to separating young offenders from adults, as required by the United Nations rules on the treatment of prisoners, and to providing them with an education and vocational training before sending them back to live with their families, the State has, under sub-decree No.
17 concerning the role of youth rehabilitation centres, established a rehabilitation centre for young offenders.
Its task is to re-educate delinquent minors of between 7 and 17 years of age. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
It opened its doors on 28 July 1995 and by 20 February 1996 a total of 147 young people, including one girl, had been sent to it.
Of the inmates, 58 have already left the centre.
That includes five who had been found guilty; the others had been arrested by the police and taken to the centre.
The youngest inmates are 10 years of age.
Most of the inmates are thieves and some are prostitutes.
250.
The centre has room for 100 inmates. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
250.
The centre has room for 100 inmates.
The persons working there include a doctor and a Ministry of Justice official.
After the inmates have been there for a while, an examining board reviews their cases and decides whether to send them back to their families or to extend their training (Centre for Human Rights report, 20 February 1996).
Paragraph 5 251.
In Cambodia, the right to request a higher court to review and reconsider a judgement to clarify its fairness and legality is guaranteed by law. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Provision for the establishment of appeal courts and a Supreme Court was made in articles 4.1 and 5 of the Transitional Criminal Law and article 1 of the Law on the Organization and Functioning of the Courts.
252.
The competence of the Court of Appeal is defined by articles 156 and 157 of the Criminal Procedure Law; the competence of the Supreme Court is defined CCPR/C/81/Add.12 page 46 by articles 206 and 207 of the same Law. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Both the Court of Appeal and the Supreme Court sit at Phnom Penh; they have jurisdiction over the entire country.
253.
The Court of Appeal was established in May 1994 under article 5.1 of the Transitional Criminal Law and article 1 of the Law on the Organization and Functioning of the Courts.
Parties to cases have the right to appeal decisions of lower courts to higher courts. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The persons entitled to appeal are the accused or the person liable for damages, and the plaintiff or the prosecutor (Criminal Procedure Law, art.
161, and Transitional Criminal Law, art.
4).
Convicted persons and plaintiffs are informed of their right of appeal as soon as judgement is given.
An appeal may be made within two months of the judgement (1993 Criminal Procedure Law, art.
155).
254.
There used to be no Court of Appeal, but only provincial courts and the Supreme Court. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The provincial and municipal courts rendered both the first and the final judgements.
Parties could, however, appeal to the Prosecutor-General or the President of the Supreme Court (1989 Criminal Procedure Law, art.
64).
Protests against final decisions could be entered by the accused, the victims, the plaintiffs in civil cases, the persons found liable in civil cases, prosecutors, the Minister of Justice and the President of the Supreme Court (1989 Criminal Procedure Law, arts.
72-75).
Decree-Law No. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
72-75).
Decree-Law No.
34 of 26 August 1987 concerning the organization and functioning of the supreme people's court and the general prosecution service provided for the review of judgements in cases on which a final decision had already been taken: its article 9 (c) provided that the President of the Supreme Court or the general prosecution service could review the decisions of provincial or municipal courts. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In the event of the rejection of such a decision, the assemblies of the Supreme Court or the general prosecution service could redraft the judgement or send the case back to the provincial or municipal courts for retrial.
255.
By the middle of 1996, the Court of Appeal had been seized of 917 civil cases and had disposed of 206 of them, resulting in applications for review by the Supreme Court in 143 cases. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
By the same point in time, it had been seized of 437 criminal cases and had disposed of 110 of them, resulting in 32 applications for review.
The Court of Appeal judges as to fact and law (1993 Criminal Procedure Law, art.
164).
As it has only recently been established, it is still encountering many problems in its work: it is short of equipment and staff and its capacity is limited.
The judgements of the Court of Appeal are subject to review by the Supreme Court.
256. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
256.
The Supreme Court decides on matters of law and not of fact.
However, it does also rule on matters of fact in the event of second pleas of nullity.
The decisions of the Supreme Court are sovereign, i.e.
they are subject to no appeal other than the review provided for in law.
Paragraph 6 257.
The right to seek damages for injury caused by a miscarriage of justice is not expressly recognized in Cambodian law. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 236 of the Criminal Procedure Law simply provides that when the Supreme Court, the body competent to review trials, finds that a convicted person is innocent, its judgement CCPR/C/81/Add.12 page 47 must be published and displayed at the seat of the court which rendered the initial verdict and in the headquarters of the people's committee in the commune or neighbourhood where the convicted person lives.
258. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
258.
The draft new Criminal Code drawn up by the Ministry of Justice contains a provision guaranteeing the right of victims of miscarriages of justice to claim damages.
Paragraph 7 259.
According to the principle non bis in idem, no one who has already been tried for an offence may be tried again for the same offence.
The Royal Government of Cambodia recognizes and observes this fundamental principle.
260.
However, the law now permits the review of trials. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, the law now permits the review of trials.
Review is a remedy against judgements that have become final and acquired the authority of res judicata.
Its sole purpose is to re-establish a person's innocence (Criminal Procedure Law, art.
228). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
228).
Article 29 of the Transitional Criminal Law provides that “all persons who have already been tried may themselves or through their counsel or lawyer request the review of their trial if they consider that they were convicted on the basis of their ideas, opinions or statements or of their membership or non-membership of a given racial, ethnic, religious, political or social group”.
The Criminal Procedure Law also permits the review of trials.
261. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
261.
To date, the principle non bis in idem has been respected in practice, and it is expressly included in the draft Code of Criminal Procedure, article 14 of which states that “no one who has been acquitted or convicted shall be arrested or prosecuted again for the same acts”.
Article 15 No one may be tried except as provided by law Paragraph 1 262. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Following the principle “nullum crimen nulla poena sine lege", article 38 of the Constitution provides that no proceedings, arrest or detention may take place except pursuant to the law.
No criminal penalty may thus be imposed on anyone for an act that is not classified as a criminal offence by domestic or international law.
263.
In accordance with article 60 of the Criminal Procedure Law, the prosecutor must give the exact legal characterization of any act for which a charge is brought. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Prior to the promulgation of the 1993 Criminal Procedure Law and the Transitional Criminal Law, however, Cambodia applied Decree-Law No.
2 of 1980, which recognized and punished only a small number of offences.
To remedy that shortcoming, courts were authorized to apply the principle of analogy.
264.
Although there is at present no express provision in criminal law regarding it, the Kingdom of Cambodia applies the fundamental principle of the non-retroactivity of criminal law. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In practice, courts at whatever level CCPR/C/81/Add.12 page 48 abide very strictly by that principle.
The new Criminal Code will embody the principle of non-retroactivity for both serious and minor offences.
Paragraph 2 265.
Cambodia acknowledges and applies this paragraph of the Covenant.
Crimes of genocide were committed by the Khmer Rouge from 1975 to 1979.
Their two leaders, Pol Pot and Ieng Sary, have been sentenced to death in their absence by a Phnom Penh court. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Royal Government of Cambodia will cooperate with the international community in bringing the other criminals to justice.
Article 16 Right to recognition as a person before the law Paragraph 1 266. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Cambodia respects and recognizes everyone’s right, as stipulated in the Universal Declaration of Human Rights, the International Covenants on Human Rights and the covenants and conventions relating to human rights and the rights of women and children, to recognition everywhere, from birth and irrespective of race, as a person before the law (Constitution, art.
31, para.
1).
Everyone may exercise his rights and freedoms in accordance with the law and without infringing those of others. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The right of everyone to recognition as a person before the law is strictly observed in practice.
Article 17 Right to the protection of one’s honour and dignity Paragraph 1 267.
The Royal Government recognizes and observes article 17 of the Covenant.
The Constitution and other laws prohibit all interference with privacy or the family and all attacks on a person's honour or dignity.
The Constitution stipulates that “the law shall protect citizens' lives, honour and dignity” (art.
38, para.
2).
268. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
38, para.
2).
268.
The Constitution guarantees the inviolability of the home and the secrecy of correspondence by letter, telegram, telex, facsimile or telephone.
Searches of residences, other property or persons must be conducted in accordance with law (Constitution, art.
4, paras.
3 and 4).
269. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
4, paras.
3 and 4).
269.
Regarding searches, article 20 of the Transitional Criminal Law provides that: Searches of premises may be carried out by the police in flagrante delicto cases; Such searches must be made in the presence of the suspect and of two witnesses, if possible neighbours or the owner of the house; CCPR/C/81/Add.12 page 49 In instances other than flagrante delicto cases, searches of premises may be authorized by a judge of the court in question or by the prosecutor. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
They may be made only between 6 a.m. and 6 p.m. and, if possible, in the presence of the suspect.
Evidence obtained in breach of this article is not admissible at trial.
270.
Criminal investigation officers have the right to make searches of premises and to take notes during the examination of witnesses.
That right may, however, be exercised only in flagrante delicto cases (Criminal Procedure Law, art.
46).
271. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
46).
271.
In serious flagrante delicto cases, the prosecutor may, if no examining magistrate has been seized of the case, issue a warrant for the suspect's arrest.
The prosecutor has the duty to assemble the information obtained in the house, make a search and seize all the necessary pieces of evidence, and is entitled to forbid any or all persons to leave the scene of the crime (Criminal Procedure Law, art.
62).
272. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
62).
272.
Regarding unlawful interference, citizens are entitled to institute an action at law or to seek redress for injury caused by illegal acts of State organs, social organizations or their agents (1993 Constitution, art.
39). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
39).
Article 57 of the Transitional Criminal Law provides that “public servants, including police officers and members of the armed forces, who deliberately infringe the rights to inviolability of the person or domicile shall incur a penalty of between one and five years' imprisonment”.
273.
Defamation and injurious behaviour are prohibited by law.
They are punishable by imprisonment for a period of between one week and a year and/or a fine. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Perpetrators may be ordered to pay damages to the victims (Transitional Criminal Law, art.
63.3).
274.
Thanks to the elections and the elaboration of the Constitution, the Criminal Procedure Law, the Transitional Criminal Law and other related legislation, the authorities and citizens have a better understanding of their obligations and of human rights, and complaints of unlawful searches of premises have therefore become less numerous. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, no precise information is available as to the number of such complaints or their disposition.
275.
The Royal Government recognizes that there are some problems as regards the resolution of citizens' complaints.
It is in the process of taking steps to prevent all interference with privacy, the family, the home or other personal matters, viz: Strengthening discipline at all levels of each competent State organ; Drafting additional legislation; Informing the public of the texts of laws. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
With a view to strengthening the application of the laws already in force, it has organized training courses for police officers and members of the armed forces.
CCPR/C/81/Add.12 page 50 Paragraph 2 276.
Cambodian law protects everyone against interference.
Everyone is entitled to bring an action in the event of violation of the rights referred to in article 17, paragraph 1, of the Covenant (see the 1993 Constitution, art.
39).
Such complaints and related claims for damages are resolved by the courts. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 18 Freedom of thought, conscience and religion Paragraph 1 277.
In Cambodia, everyone has full freedom of religious belief.
The Constitution proclaims the nation's motto to be “Nation, Religion, King” (art.
4).
Buddhism is the State religion.
Freedom of religious belief and worship is guaranteed by the State on the sole condition that this does not infringe the freedom of others or public order or security (art.
43).
278. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
43).
278.
Everyone has the same rights and obligations as regards the absence of discrimination and coercion in matters of religion (Constitution, art.
31, para.
2).
Article 28.1 of the Transitional Criminal Law provides that “no one may be harrassed on account of his political opinions, religious beliefs or membership of any race or ethnic group. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Anyone who has provoked national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be punished by imprisonment for between one month and a year and/or a fine of 1 to 10 million riels” (Transitional Criminal Law, art.
61).
The law also prohibits all acts of torture that may deprive a person of his mental capacities or his conscience.
279.
In Cambodia, 97.5 per cent of the citizens are Buddhists. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
There are 3,336 Buddhist pagodas and 39,342 Buddhist monks.
In addition to Buddhism, citizens are free to practise other religions.
The other religions practised are: Islam, with 330 mosques and 221,753 practising believers; Christianity, with nine Catholic churches and 1,430 practising believers and 115 Protestant churches and 13,014 practising believers; Cao Dai, with one church and 100 practising believers; Various Chinese religions, with 32 churches and 12,220 practising believers.
280. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
280.
The religious organizations recognized by the Royal Government may engage in purely religious activities, on the basis of strict respect for the laws of the Kingdom and the regulations issued by the Ministry of Worship and Religion, and must formally undertake not to infringe the rights, freedoms or religious beliefs of others or social order.
The Royal Government exercises neither distinction nor discrimination on the ground of religion.
CCPR/C/81/Add.12 page 51 281. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
CCPR/C/81/Add.12 page 51 281.
Since the end of the Khmer Rouge regime, everyone who practised a religion before 1975 and has applied to practise it again has been permitted to do so.
A number of religious associations recently installed themselves in Cambodia.
Paragraph 2 282.
Neither the Royal Government nor the competent authorities have obliged anyone to practice any given religion.
Religious education in general education schools is not compulsory. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Since Buddhism is the State religion, the Ministry of Worship and Religion has, in accordance with article 68, paragraph 3, of the Constitution, set up schools to teach Pali and junior and senior high schools for monks.
It has also, in accordance with article 42 of the Constitution, authorized Buddhist pupils to establish associations for the support of pagodas, and, in order to help Buddhist pupils with their studies, has created a board of interpreters to translate the Buddhist Tripitaka. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 3 283.
Exercise of the right and freedom of religious belief in connection with the celebration of religious ceremonies must not infringe public security or order or the rights or freedoms of others (Constitution, art.
31, para.
3, and art.
43, para.
2).
284.
The religious group or organization in question must comply with the conditions set by the Ministry of Worship and Religion. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Otherwise, the Ministry has the right and duty to summon officials of the organization to inform them of the problems and provide its comments.
285.
There is at present no principle or law in Cambodia which limits rights in the sphere of religion.
The Government may, however, restrict or end the activity of any religious group or organization which fails to comply with the orders of the Ministry of Worship and Religion or performs acts contrary to the principles of its own religion. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
On 25 November 1994, the Ministry ordered the immediate cessation of the activities of a religious organization on the ground of disturbance of the peace or, more precisely, on the ground of having, through false assertions of a kind to harm the activities of other Christian organizations, caused an upsurge of popular discontent.
Paragraph 4 286. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 4 286.
While Cambodia has no law referring to parents' right to ensure their children's religious and moral education in conformity with their own wishes and beliefs, it acknowledges this principle as set forth in article 18, paragraph 4, of the Covenant.
The Constitution does, however, provide that parents have an obligation to bring up their children to be good citizens (art.
47).
Consequently, parents teach their children to believe in Buddhism. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Pupils of State or private schools are free to make their own choice of religion.
Most children, however, follow their parents' example and become Buddhists.
Moreover, in rural areas, parents like to send their children to study under Buddhist monks.
Some general education schools are located in the CCPR/C/81/Add.12 page 52 grounds of pagodas and have been built with help from monks.
These factors explain why Cambodian children are more influenced by Buddhism than by any other religion.
287. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
287.
Buddhism is taught officially over the radio and television and in pagodas.
Followers of other religions receive their religious education in the country's churches or mosques.
Muslims practise their religion freely every day and gather in the mosques every Friday to study the Koran.
Article 19 Freedom of opinion and expression Paragraph 1 288.
Everyone has the right of freedom of opinion. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Everyone has the right of freedom of opinion.
This right is recognized by the Constitution of the Kingdom of Cambodia, article 41 of which states that every citizen has the freedom to express his personal opinion, and enjoys freedom of the press and assembly.
However, like article 19, paragraph 3, of the Covenant, article 41 of the Constitution also states that “no one may make use of this right to infringe the honour of others, the morals and customs of society, public order or national security”.
289. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
289.
As in the past, some newspaper editors exceed their rights: they do not express their opinions to criticize the Government, but undisguisedly insult the co-Prime Ministers.
For example, they describe, and draw caricatures portraying the Kingdom of Cambodia as a country of robbers headed by thieving government leaders, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Faced with such a disorderly and anarchic situation, in which the subjection of its leaders to a virtually constant stream of baseless criticism and humiliating and offensive insults makes the performance of its task almost impossible, the Government has no choice but to bring the matter before the courts.
290.
This has led to court convictions for failure to obey the law on the dissemination of false information dishonouring others or of demeaning insults. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, the verdicts occasioned protests against the Cambodian Government by international public opinion and organizations for the defence of human rights and press freedom.
The protesters accused the Government of having infringed journalists' rights and of having put pressure on the press in order to restrict its freedom of expression.
291. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |