Improvements in judicial practice were seen in four Courts of Appeal last year but gaps remain in fair trial standards, notably coerced confessions, legal representation, and reasoned judgment, according to Cambodia Center for Human Rights (CCHR)’s annual report on Fair Trial Rights Monitoring 2024 which surveyed the courts’ judicial practices at regional level.
The report based on 582 criminal cases involving 822 defendants monitored at Regional Court of Appeal in Phnom Penh, Battambang, Tboung Khmum, and Preah Sihanouk, checked whether they complied with 14 fundamental fair trial rights from January to December last year. These rights include the right to legal representation, presumption of innocence, public hearing and public judgement, tried without undue delay, and right to liberty.
Three rights were upheld by all four Court of Appeal, consisting of the right to speak with lawyers and adequate time to prepare a defense, right to a public judgment, and right to understand the nature and cause of the charge.
However, four other rights were not respected by the courts, which are the right to a reasoned judgment, right to liberty, evidentiary rights and right to legal representation.
The report mentioned 15 instances in three courts in 2024 where “violence or torture was used to coerce a confession from defendants”.
Among the courts, Tboung Khmum Appeal Court showed the most progress, upholding seven out of 14 rights, and the only court which fully respected the right “not to be compelled to confess or testify against oneself”.
During the survey period last year, no reports of threats, torture, or violence against defendants were recorded in the Tboung Khmum court—an improvement from the previous year when one case was recorded. CCHR commended the court for its comparatively better performance and encouraged it to continue ensuring fair trials.
While the Phnom Penh Court of Appeal upheld seven rights, showing compliance with rights to an impartial tribunal and the presumption of innocence compared to previous years, it had the most allegations on the use of torture and violence against detainees in police custody.
The Preah Sihanouk Court of Appeal complied with five rights, which the report said was an improvement particularly on the right to legal representation. The court also respected defendants’ right to “not feel compelled to confess”. There were no cases of threats against defendants.
Five rights were upheld by the Battambang Court of Appeal, including increased compliance with the right to public hearing, as well as zero threats against defendants.
CCHR executive director Seng Sovathana said the findings indicated notable progress and commended the courts for their efforts to strengthen the justice system. However, some findings required improvement and further attention to ensure they aligned with fair standards.
“We hope to see progress regarding the right to liberty, legal representation, reasoned judgment, evidentiary rights as well as the rights of children in conflict with law — none of which were upheld by three Appeals Courts in 2024,” he said.
Former opposition leader Kem Sokha, whose trial at the Phnom Penh Court of Appeal began in January 2024, is in limbo now as the next hearing date has not been scheduled.
A year earlier, the 71-year-old was convicted by the Phnom Penh Municipal Court of a 27-year jail sentence and banned for life from doing politics. He was found to have committed treason in September 2017 for allegedly colluding with the US—an agent in a so-called color revolution to overthrow the government.
Sokha’s lawyer Pheng Heng said it has been difficult for his client to receive a fair trial, noting that the case has dragged on for eight years as the Court of Appeal has repeatedly postponed hearings without clear reasons.
“I think Kem Sokha’s case will remain unresolved unless there is a political decision to expedite the process on legal procedural grounds. For now, there is no sign of the trial moving forward,” he said.
According to him, the defense was prepared to present its closing arguments, but the Court of Appeal delayed the submission twice in July 2025.
Meanwhile, CCHR urged the Ministry of Justice to hold regular meetings with Court of Appeal judges on the practical implementation of fair trial rights based on national and international standards.
It should also distribute a standardized judgment from requiring key details, charges and relevant laws to remind judges of the defendants’ right to presumed innocence until a non-appealable judgment is rendered.
Phnom Penh Court of Appeal spokesperson Khun Leangmeng and Tboung Khmum Court of Appeal spokesperson Tum Sorphorn could not be reached for comment, while Tieng Sambou, spokesperson of the Regional Court Appeal in Battambang, said she could not comment as she was in a meeting.
Justice Ministry spokesperson Seng Dyna did not immediately respond.
