Fair Trial Implications of Corruption Allegations at the Extraordinary Chambers in the Courts of Cambodia

The right to a hearing before an independent and impartial court is a cornerstone of fair trial practice in both international and domestic law. An independent and impartial court or tribunal is a requirement of customary international law, as well as of all general universal and regional human rights instruments. Domestic legal systems contain similar requirements; most relevant to the ECCC is the Constitution of the Kingdom of Cambodia, which provides that the judiciary “shall be an independent power” that “shall guarantee and uphold impartiality and protect the rights and freedoms of the citizens.” In accordance with these standards, ECCC law has incorporated independence and impartiality requirements. This memo will address the fair trial implications of administrative and judicial corruption if members of the Office of Administration and judges at the ECCC engage in a kickback system in exchange for employment.