The Legacy of Cambodia's Hybrid Court: Promoting Fair Trial Rights?
DOI:
https://doi.org/10.30641/ham.2024.15.159-168Keywords:
ECCC, transitional justice, judiciaryAbstract
The mandate of the Extraordinary Chambers in the Courts of Cambodia (ECCC) concluded in 2022, marking the end of its nearly two-decade presence in Cambodia. Established as a hybrid court through a collaboration between the Cambodian government and the United Nations, the ECCC operated under a unique framework combining foreign and domestic laws, personnel, and judges. While the caseload of the court ended in early 2022, there are remaining legacies for Cambodians. This research investigates the legacy of the ECCC concerning fair trial rights and examines how national staff apply their experiences from the ECCC in the national courts. The article relies on document analysis and in-depth interviews with seven former and current Cambodian domestic court staff who worked at the ECCC to analyze three elements of fair trial rights: the right to adequate time and facilities to prepare a defense, the right to legal representation and to be present at trial, and the right to presumption of innocence. This paper argues that the legacy of the ECCC lies in its contribution to build the national staff's capacity on fair trial rights in domestic courts in Cambodia. However, significant challenges remain, as the fair trial rights envisioned and put in place in the ECCC cannot be currently delivered by Cambodian domestic judicial system.
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References
Cambodia Tribunal Monitor. Accessed April 23, 2024. https://cambodiatribunal.org/.
Cambodian Center for Human Rights. "Fair Trial Rights in Cambodia Monitoring at the Court of Appeal: Annual Report (1 November 2018 - 31 October 2019)," October 2020. https://monitoring.cchrcambodia.org/en/publications/general-reports/142.
"”"”"”. "Fair Trial Rights in Cambodia Monitoring at the Court of Appeal: Annual Report (1 November 2019- 31 December 2020)," November 2021. https://sithi.org/medias/files/projects/tmp/publication/ftr-annual-report-eng-20211203-141226.pdf.
Center for Human Rights and International Justice. "Trial Monitoring Reports & Videos." Accessed April 23, 2024. https://humanrights.stanford.edu/publications-videos/trial-monitoring-reports-videos.
Ciorciari, John D., and Anne Heindel. "Cases 003&004 - The Politics of Personal Jurisdiction: "˜No Gain in Keeping, No Loss in Weeding Out.'" In Hybrid Justice: The Extraordinary Chambers in the Courts of Cambodia, 167-201. United States of America: University of Michigan Press, 2014.
"”"”"”. Hybrid Justice: The Extraordinary Chambers in the Courts of Cambodia. University of Michigan Press, 2014. https://doi.org/10.3998/mpub.4773450. DOI: https://doi.org/10.3998/mpub.4773450
Clooney, Amal, and Philippa Webb. The Right to a Fair Trial in International Law. Oxford, UK: Oxford University Press, 2020. DOI: https://doi.org/10.1093/law/9780198808398.001.0001
Coughlan, John, Sana Ghouse, and Richard Smith. "The Legacy of the Khmer Rouge Tribunal: Maintaining the Status Quo of Cambodia's Legal and Judicial System." Amsterdam Law Forum 4, no. 2 (March 1, 2012): 16. https://doi.org/10.37974/ALF.218. DOI: https://doi.org/10.37974/ALF.218
Dara, Voun. "Public Defenders Programme Expanding Legal Aid Provision." The Phnom Penh Post, January 18, 2022. https://www.phnompenhpost.com/national/public-defenders-programme-expanding-legal-aid-provision.
ÄorÄ‘eska, Marija. "The Khmer Rouge Tribunal Is Closing Its Doors: Here's What to Know About Its Final Case," December 6, 2022. https://www.justsecurity.org/84350/the-khmer-rouge-tribunal-is-closing-its-doors-heres-what-to-know-about-its-final-case/.
Extraordinary Chambers in the Courts of Cambodia. "Court Management Section." Accessed April 23, 2024. https://www.eccc.gov.kh/en/office-administration/court-management-section.
"”"”"”. "Legacy." Accessed April 23, 2024. https://www.eccc.gov.kh/en/legacy.
"”"”"”. "The ECCC." Accessed April 23, 2024. https://www.eccc.gov.kh/en/node/39457.
"”"”"”. "The ECCC at a Glance," April 2014. https://www.eccc.gov.kh/sites/default/files/ECCC%20at%20a%20Glance%20-%20EN%20-%20April%202014_FINAL.pdf.
Hor, Peng, Phallack Kong, and Jörg Menzel, eds. Introduction to Cambodian Law. Phnom Penh: Konrad-Adenauer-Stiftung, 2012.
Khmer Rouge Trial Monitor. "About the ECCC." Accessed April 23, 2024. https://krtmonitor.org/eccc/.
Naren, Kuch. "Hun Sen Warns Of Civil War If ECCC Goes Beyond "˜Limit.'" The Cambodia Daily, February 27, 2015. https://english.cambodiadaily.com/news/hun-sen-warns-of-civil-war-if-eccc-goes-beyond-limit-78757/.
Office of the United Nations High Commissioner for Human Rights. "Rule-of-Law Tools for Post-Conflict States: Maximizing the Legacy of Hybrid Courts." United Nations, 2008. https://www.ohchr.org/sites/default/files/Documents/Publications/HybridCourts.pdf.
Open Society Foundations. "Fair Trial Rights Newsletter: Prisoner Uniforms and the Presumption of Innocence." Cambodian Center for Human Rights, June 2017. https://cchrcambodia.org/storage/posts/5076/2017-06-05-CCHR-FTR-Newsletter-on-Prisoner-Uniform-and-Presumption-of-Innocence_Eng.pdf.
Open Society Justice Initiative. Performance and Perception: The Impact of the Extraordinary Chambers in the Courts of Cambodia. New York: Open Society Foundations, 2016.
Pressocm. "Selected Comments Samdech Techo Hun Sen, President of the Senate, at the Conference on "˜Cambodia's Future without Genocide: Protection and Response through Education and Healthcare' [Unofficial Translations]," May 22, 2024. https://pressocm.gov.kh/en/archives/97447.
Radio Free Asia. "Cambodian Courts Show Pattern of Political Influence, Double Standards of Justice," May 21, 2021. https://www.rfa.org/english/news/cambodia/justice-05212021193839.html.
Smith, Rhona. "Cambodia: UN Expert Alarmed by Reports of Mass Trial of Activists." United Nations Human RIghts Office of the High Commissioner, November 25, 2020. https://cambodia.ohchr.org/sites/default/files/25112020%20Cambodia%20SR%20mass%20trial-EN.pdf.
The Bar Association of the Kingdom of Cambodia. "Lawyer Statistics," August 3, 2022. https://bakc.org.kh/index.php/km/2020-02-02-04-06-24. DOI: https://doi.org/10.52314/tjima.2022.v2i1.52
U.S. Department of State: Bureau of Democracy, Human Rights, and Labor. "2021 Country Reports on Human Rights Practices," April 12, 2022. https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/.
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