COMMITTEE CALLS FOR FAIR TRIAL PROCEDURES AND PROTECTION FOR LAWYERS AND HUMAN RIGHTS ACTIVISTS IN CAMBODIA

“Human Rights First calls on the Cambodian Government to ensure that all defendants in its criminal justice system have the right to a fair trial.  The current trial related to the November 2000 armed attack on Cambodian government offices illustrates how far Cambodia has to go before it begins to meet its international obligations to provide a fair trial and ensure progress toward the development of the rule of law.  Serious issues – such as arrests without a warrant, restricted access to lawyers and prolonged illegal detention are just some of the irregularities the defendants have experienced in this trial. 

Threats made to the safety of lawyers attempting to defend their clients in this already impossible climate are another alarming sign of the fragility of the rule of law in Cambodia.

Human Rights First is also deeply troubled by the action of police officers on June 20 to prevent representatives from Cambodia, Australia, Canada, Switzerland, France and Belgium from attending a forum to discuss border disputes in Cambodia. This attack on the fundamental rights of freedom of expression and association, combined with the irregularities in this trial and the threats to lawyers, sends a most ominous signal about the Cambodian government’s attitude towards the rights of activists and lawyers in Cambodia.”

BACKGROUND: 

Over the past week, a Cambodian court has been hearing a joint case against 32 defendants charged with conspiracy to terrorism and/or membership of an illegal armed organization – the Cambodian Freedom Fighters.  The charges are related to an armed attack on Cambodian government offices in November 2000.  In a letter sent to Cambodian officials today (see attached), Human Rights First expressed concern about: 

·         Illegal arrests: many suspects were arrested without a warrant

·         Restricted access to lawyers: some of the accused never met their lawyers prior to the hearing; many others who did meet their lawyers spent only 20 minutes with them

·         Failure to inform defendants of charges: during the course of the trial it became apparent that several suspects were unaware of the nature of the charges against them

·         Prolonged illegal detention: contrary to Cambodian law, many suspects have been kept in pre-trial detention for more than six months

·         Denial of the right to a public hearing: some of the defendants’ lawyers, press, NGOs and family members were denied access to the court on the first day and guard dogs were placed outside – intimidating many would-be observers

·         Threats to Lawyers: five defense lawyers were telephoned and threatened with physical harm in connection with the case.