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Cambodia’s 4 attraction courts improved their file on fair-trial rights in 2025, in keeping with a report from the Cambodian Heart for Human Rights. However solely six of the 14 rights the group displays have been upheld by all 4 courts, and the courts have but to curb a rising reliance on detention, with 87% of defendants jailed on the time of their attraction.
The group monitored 422 legal attraction hearings involving 573 defendants at courts in Phnom Penh, Battambang, Tboung Khmum and Preah Sihanouk final yr.
The report discovered the proper to liberty regressed in all 4 jurisdictions as the general detention fee climbed, which means “roughly six out of each seven defendants have been topic to this measure.” It was the fourth consecutive annual enhance.
For the primary time because the group started monitoring all 4 courts in 2022, every upheld the identical six fair-trial rights. They embrace the proper to be current at one’s personal trial, to learn of the costs, to seek the advice of a lawyer and put together a protection earlier than trial, to be tried with out undue delay and to have the decision introduced publicly. The courts additionally met the group’s normal for skilled conduct by judges, prosecutors and legal professionals.
Not one of the courts upheld the proper to liberty, the proper to authorized illustration or evidentiary rights, signaling a scarcity of progress in these areas, the report mentioned. Solely 56% of defendants had a lawyer. The Phnom Penh courtroom additionally fell quick on offering reasoned judgments, whereas the opposite three courts had too little information to be assessed.
Seng Sovathana, govt director on the Cambodian Heart for Human Rights, mentioned fair-trial rights not solely shield defendants however guarantee courtroom selections are truthful, clear and based mostly on the legislation.
“When these rights are usually not totally revered, the danger of unfair convictions and unjustified detention will increase, with severe penalties for people, their households and communities,” he mentioned.
Sovathana mentioned Cambodian legislation bars detainees from asking for a lawyer throughout their first 24 hours in police custody, eradicating an essential safeguard towards coercion and mistreatment.
He additionally mentioned some defendants nonetheless seem in courtroom within the blue uniforms worn by convicted prisoners, “undermining the precept that defendants should be presumed harmless till a remaining judgment is reached.”
Sovathana referred to as for modifications to legal guidelines and practices that fall wanting worldwide requirements. The report recommends increasing entry to authorized assist, utilizing options to detention, bettering coaching for judges and higher coordination between the courts, the Justice Ministry and different businesses.
Justice Ministry spokesperson Em Chanmakara referred inquiries to the attraction courts.
Phnom Penh Court docket of Enchantment spokesperson Hean Rith disputed the report’s findings, saying the courtroom upholds all 14 rights. He referred additional inquiries to the Justice Ministry.
Spokespersons for the Battambang, Tboung Khmum and Preah Sihanouk attraction courts couldn’t be reached for remark.
The report comes days after a U.N. particular rapporteur on Cambodia, Thomas Andrews, referred to as on the federal government to undertake judicial reforms to ensure truthful trials and judicial independence.
