1. The document summarizes a seminar on pre-trial rights that discusses rights under Cambodian, international, and ECCC laws including the right to remain silent, legal assistance, and notification of charges.
2. It presents two case studies, one from the ICTR involving a defendant's questioning without a lawyer and another from the ECCC involving similar issues.
3. In both cases, the defendants claimed their rights were violated as they did not properly understand or waive their right to legal counsel during questioning.
1. FAIR TRIAL RIGHTS CLUB Seminar 2: Pre-Trial Rights DEFENCE SUPPORT SECTION CAMBODIA COUNTRY OFFICE
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5. Pre-Trial Rights ICCPR – International Covenant on Civil and Political Rights Article 9: Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. Article 14: To be tried in his presence, and to defend himself in person or through legal assistance. The Constitution of the Kingdom of Cambodia Article 31: The Kingdom of Cambodia shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of human Rights, the covenants and conventions related to human rights, women's and children's rights.
6. Pre-Trial Rights AGREEMENT BETWEEN THE UNITED NATIONS AND THE ROYAL GOVERNMENT OF CAMBODIA CONCERNING THE PROSECUTION UNDER CAMBODIAN LAW OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA Article 13: to engage a counsel of his or her choice; to have adequate time and facilities for the preparation of his or her defence; to have counsel provided if he or she does not have sufficient means to pay for it.
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10. Pre Trial Rights ECCC Law Article 35 new: The accused shall…be informed promptly and in detail in a language that they understand of the nature and cause of the charge against them Article 21: Every person suspected or prosecuted shall be presumed innocent as long as his/her guilt has not been established. Any such person has the right to be informed of any charges brought against him/her, to be defended by a lawyer of his/her choice, and at every stage of the proceedings shall be informed of his/her right to remain silent. Article 58: A Charged Person shall only be questioned in the presence of his or her lawyer, unless the Charged Person waives the right to the presence of a lawyer. ECCC Internal Rules
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16. Case Study #1 Mr. Kabiligi was acquitted and released after 11 years in detention.
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19. FAIR TRIAL RIGHTS CLUB Seminar 2: Pre-Trial Rights DEFENCE SUPPORT SECTION CAMBODIA COUNTRY OFFICE
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