| No | Description – Capital-Provincial Courts | ReportFY 2022-2023(175 cases) | ReportFY 2024(77 cases) | ||
| Cases | % | Cases | % | ||
| 1 | Barred from entering or evicted from the courtroom (public) | 142 | 81.1 | 17 | 22.1 |
| 2 | barred from entering or evicted from the courtroom (Journalist) | 116 | 66.3 | 07 | 9.1 |
| 3 | Did not explain in detail the right to legal representation or the right to self-defense | 69 | 40 | 27 | 35 |
| 4 | Do not explain in detail the right to remain silent | 95 | 54 | 35 | 45 |
| 5 | Do not explain in detail the right not to be coerced into admitting guilt | 94 | 54 | 42 | 55 |
| 6 | Do not explain in detail the right to the presumption of innocence | 94 | 54 | 52 | 68 |
| 7 | The accused appeared to be wearing prison uniform during the hearing | 132 | 75.4 | 23 | 30 |
| 8 | The accused appeared to be handcuffed during the hearing | 72 | 41 | 02 | 3 |
| 9 | Prosecutors intimidated the accused when they remained silent | 07 | 4 | 09 | 12 |
| 10 | The judge told the accused to apologize and accept their guilt | 81 | 46.3 | 03 | 3.9 |
| 11 | The judges/Prosecutors exhibited intimidating behavior towards the accused | 18 | 10.3 | 09 | 12 |
| 12 | The judges/Prosecutors left the room during the hearing | 82 | 47 | 15 | 19.5 |
| 13 | The judges/Prosecutors used a cell phone during the hearing | 33 | 19 | 24 | 31.16 |
| 14 | The court adjourned to pronounce the verdict | 170 | 97 | 20 | 26 |
| 15 | The court adjourned to pronounce the verdict without a specific date provided | 94 | 54 | 02 | 2.6 |
| 16 | The court added new offenses when pronouncing the verdict | 137 | 78 | 01 | 1.3 |
Recommendations
- The Ministry of Justice should review and take specific measures against the actions of judges and prosecution representatives that contravene the objectives of Article 208 and Article 209 of the 2007 Criminal Procedure Code, which outline the duration of pre-trial detention. According to the report, 42 out of 77 (54.54%) pre-trial detentions lasted more than six months and up to 18 months, marking an increase of 8.83% from the end of 2023 (80 cases out of a total of 175).
- The Ministry of Justice should review and impose severe administrative penalties against judges and prosecution representatives who delay performing their duties and opening hearings. According to the report, the court (judges) still delayed hearings, with the delays varying from an hour and a half to more than three hours, compared to the time specified in the order.
- The Ministry of Justice should review and take specific measures against the actions of judges and prosecution representatives who delay issuing invitations to lawyers and clients to attend hearings.
- The Ministry of Justice should review and take specific measures against the actions of judges and prosecution representatives who delay issuing invitations to lawyers to accompany their clients and listen to their statements during the prosecution stage.
- The Ministry of Justice should review and take specific measures against the actions of judges and prosecutors who fail to notify the final order, such as closing order and settlement order.
- Judges/prosecution representatives should be mindful when using words or statements regarding the guilt or innocence of an accused person before issuing a verdict, such as advising the accused to admit guilt or instructing the plaintiff to withdraw their complaint.
- Judges should review and consider the rights of the accused, such as those who are wearing prison uniforms or being handcuffed during hearings.
- Judges should explain to the accused and the victims the rights to which they are entitled, such as the right to legal representation, the right to remain silent, the right not to be coerced into admitting guilt, the right to the presumption of innocence, the right to be informed of the charges, and the right to be informed of the date and place of the offense.
- The Ministry of Justice should take specific measures to require all courts of first instance to allow the public and journalists to attend public hearings without restriction or eviction.
For more information, please contact:
- YIN MENGLY, Deputy Head of Human Rights and Land Section, 086 408 666
