Cambodia and The Right to be Presents : Trials in Absentia in The Draft Criminal Procedure Code  

Oleh:

Selth, Johanna ; Starygin, Stan

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Singapore Journal of Legal Studies (Jul. 2005), page 170-188.
Topik: CRIMINAL; right; trials; absentia; draft criminal; procedure code

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: SS46 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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This paper analyses Cambodia's proposed new criminal procedure laws in relation to trials in absentia. Cambodia has always allowed trials in absentia, since its colonial days, but it is argued that recent developments in other states and in international law and practice limiting trials in absentia should be followed in Cambodia. It is argued that trials in absentia in Cambodia are likely to infringe upon the human rights of Cambodian citizens, and that they are prima facie no longer acceptable to the international community unless strict requirements are adhered to. The government of Cambodia should take into account international law, as well as its own Constitution and treaty obligations, when deciding whether the continuation of trials in absentia are appropriate for the country. The paper also analyzes potential conflicts between Cambodia's criminal procedure law and the international standards that must apply to Cambodia's special court to try former Khmer Rogue leaders, the Extraordinary Chambers. The repercussions of this conflict are discussed.

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