A/HRC/15/47
services, but has not taken any serious steps to investigate and sanction the instances of
serious abuse brought to its attention. In early 2010, the Office offered to the Ministry and
the Phnom Penh Municipality to convene a meeting of Government and other stakeholders
to look for long-term solutions, but received no response.
15.
A notable exception in the widespread pattern of impunity has been the trial of Kang
Guek Eav, alias “Duch”, before the ECCC. The Office has carefully followed the ECCC
proceedings and is currently promoting a project aimed at encouraging the use of the good
practices observed at the ECCC across the broader Cambodian court system (the ECCC is a
Cambodian court, but one bound through international participation to implement
international fair trial standards).
16.
The ECCC proceedings are taking place in the context of a legal system which
continues to face major challenges despite the comprehensive Legal and Judicial Reform
Strategy. Impartial monitoring can play an important part in improving the quality of
judicial services. The introduction of the new Penal Procedure Code in 2007 has provided
an opportunity to raise standards within the court system as judges, lawyers and clerks
familiarize themselves with the new Code. In 2009 the Office began to support a court
monitoring project established by the Centre for Justice and Reconciliation, a Cambodian
NGO, in five courts. The aim is to collect basic data on the extent to which the courts
comply with international trial standards and the provisions of the Penal Procedure Code,
and to work constructively with court authorities and the Government to encourage good
practice, identify problems and seek solutions. Constructive collaboration between the
authorities and civil society monitors can contribute to improving compliance with
international standards. Eventually the data from this monitoring effort could feed into a
review of the implementation of the Penal Procedure Code by judges and lawyers.
17.
In August 2009, the Office and the International Labour Organization (ILO) issued a
joint press statement welcoming the Appeal Court’s decision to reinvestigate the murder of
trade unionist Chea Vichea in 2004 following the Supreme Court ruling in December 2008.
The statement recommended a transparent investigation to determine the identity of those
responsible. The Office forwarded copies of the High Commissioner’s amicus curiae brief
on the case, originally submitted to the Supreme Court in June 2008, to the Appeal Court
prior to the hearing.
III.
Fundamental freedoms and civil society
18.
The Fundamental Freedoms and Civil Society programme aims to strengthen the
capacity of individuals and civil society organizations to exercise their fundamental
freedoms of expression, association and assembly. The programme works with the
Government, civil society and development actors towards the development of legislation
and policies - and in monitoring their implementation - that would enable groups and
individuals to organize and participate peacefully in public affairs in a free and informed
manner.
19.
The Office continued to observe the narrowing of the space for the peaceful exercise
of fundamental freedoms. Opposition parties, community activists and leaders, civil society
organizations and the domestic media – but also United Nations agencies and donors – have
faced growing pressure and threats following public expressions of concern about issues of
public interest. A dozen defamation and disinformation lawsuits filed during the summer of
2009 against journalists and members of the opposition resulted in convictions with prison
sentences for three people. This reflected a growing intolerance by the Government towards
public criticism of its policies and practices, and public demands for transparency and
accountability. Civil society actors, notably those involved in protecting the rights of poor
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