BRIEFING PAPER

In Absentia 2013: An Update on Inmate Transportation and the Right to Appeal

Published on 30 May 2013
F T M

In 2010 and 2012, LICADHO reported on Cambodia’s widespread problem of in absentia appeals hearings. Due to Cambodia’s minimal inmate transportation system, hundreds – if not thousands – of prisoners were being systematically refused the right to attend their criminal appeals. Cambodian law requires the presence of the accused at appeal hearings.

After years of delays, prison authorities have finally begun transporting provincial prisoners to their appeals hearings in Phnom Penh, but the failure to offer return transport is threatening to undermine progress.

The General Department of Prisons (GDP) recently reported that it provided transport for 475 provincial inmates to attend appeal hearings in Phnom Penh during 2012, and a significant number of inmates told LICADHO that they were provided transport free of charge. However, many of these inmates also said that they were not offered transport to return to their provincial prisons, or that they were asked to pay US $200 to US $300 for the privilege. This report details the problems associated with one-way transfers of inmates from the provinces to Phnom Penh.

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