STATEMENT

Serious Procedural Violations in the Trial of members of the Cambodia Freedom Fighters

Published on 17 October 2001; Cambodia Human Rights Action Committee (CHRAC)
F T M

The Cambodian Human Rights Action Committee (CHRAC), a coalition of 18 local NGOs, is deeply concerned about serious procedural violations involving the trial of 28 alleged Cambodian Freedom Fighters (CFF) which commenced today.

CHRAC observes that many of the suspects have been denied their legal rights guaranteed by the Cambodian constitution and law, as well as international law and conventions. In particular:

- Excessive pre-trial detention: 26 of the 28 defendants have been in pre-trial detention for longer than six months, a violation of article 21 of the UNTAC criminal law and article 9(3) of the International Covenant on Civil and Political Rights (ICCPR).

- Lack of access to lawyers: Many of the suspects have been denied unrestricted and confidential access to defense lawyers while in pre-trial detention. This is a serious violation of article 80 of the State of Cambodia Criminal Procedural Law, as well as the UN Basic Principles on the Role of Lawyers and the UN Standard Minimum Rules for the Treatment of Prisoners. CHRAC notes that many relatives of suspects have also at times been deprived access to the suspects in pre-trial custody, a further violation of international human rights standards.

- Lack of adequate medical care: CHRAC observed that certain defendants at the trial which commenced this morning appeared to be in poor health and suffering hygiene-related skin illnesses. This indicates a violation of right to adequate medical care for all prisoners and pre-trial detainees in Cambodia, under Cambodia prison regulations and international human rights conventions.

CHRAC appeals to the Cambodian government and courts to exercise the principles of democracy, rule-of-law, transparency and respect for human rights with regard to arrest, detention and trial of any persons accused of crimes. All such persons, regardless of the nature of their alleged crimes, are entitled to full protection of their legal rights and to receive a fair trial.

With regard to alleged members of the CFF movement, CHRAC notes that it strongly condemns the use or attempted use of violence for any reason.

For more information, please contact:
 Mr. Sok Sam Oeun, Chairperson of CHRAC and Executive Director of CDP, Tel: 012 901 199
 Mr. Dr.Lao Mong Hay, Executive Director Of KID, Tel: 012 959 454
 Mrs.Dr. Pung Chhiv Kek, President of Licadho, Tel: 012 802 506

PDF: Download full statement

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