Ministry of Justice slams ‘baseless’ ADHOC report on court hearings

  

Buth Reaksmey Kongkea 

The Ministry of Justice has refuted allegations and claims made by the Cambodian Human Rights and Development Association (ADHOC) on its “Hearing Monitoring Report” released on Tuesday.

The unverified report alleges that based on a study conducted by ADHOC members from January 2022 to July 2023 many irregularities had happened at the Capital-Provincial Court of First Instance the Provincial-Capital Courts across the country.

Chin Malin, Secretary of State and also the Spokesman at the Ministry of Justice, told Khmer Times yesterday, “I found three problems with the report: it is inaccurate, baseless and cannot be taken for consideration. Most importantly, the ADHOC observers failed to understand the hearing procedures of the courts and it was not clear whether they have consulted or verified the report with experts.”

Malin said, “If the ADHOC team had found out erring judges, prosecutors or clerks who failed to comply with law or code of conducts for court hearings procedures, they should provide the information with specific details to the Ministry of Justice so that the ministry will inspect or take legal action against them.”

Chin Malin picked up one of the ADHOC’s report related to pretrial detention of accused for more than six months and explained that regarding the pretrial detention of accused, in fact and in accordance with Criminal Law Procedures, for a criminal case, it is authorized to delay the pretrial detention of accused over six months or up to six months twice.

In its 16-page report, the ADHOC has highlighted postponement of hearings, pretrial detention for more than six months, difference between the time set in the judgement and time of the actual trial, the accused right to know the reason and charges against them, explaining the rights of the accused, the right to call and question witnesses, the rights during interrogation and ban on torture, presumption of innocence, court discussion and decision, disallowance of exculpatory witnesses to testify, independence, impartiality and conduct of judges on stakeholders and so on.


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