A/HRC/21/35
46.
OHCHR continued to encourage the implementation of existing national laws in
accordance with human rights standards, focusing on the Code of Criminal Procedure
(2007). To that end, the members of the Rule of Law Programme meet regularly with court
presidents and chief prosecutors in the provinces to discuss the challenges faced in applying
the Code and in the administration of justice in general. Several judicial round tables were
also organized in the provinces to discuss these challenges using, where appropriate,
examples from the practice of the Extraordinary Chambers in the Courts of Cambodia. In
parallel, OHCHR supported regular meetings between the police, the courts and the prisons
in the north-western provinces to improve cooperation in the criminal justice system and to
discuss issues relating to the implementation of the Code. In order to increase public
scrutiny of criminal trials, OHCHR supported trial monitoring in two provincial courts by
the Cambodian Centre for Human Rights. Lastly, OHCHR, in cooperation with the
Ministry of Justice, organized a major national review conference on the implementation of
the Code of Criminal Procedure at the end of June 2012, which was attended by 165 judges
as well as prosecutors, judicial police officers, lawyers, Government officials and nongovernmental organization representatives from all provinces.
47.
Besides monitoring the implementation of existing laws, OHCHR continues to assist
the Government in adopting new laws in accordance with the State’s human rights
obligations. The comments made on the draft Juvenile Justice Law, in consultation with
UNICEF, is one example of this activity.
48.
OHCHR remains concerned about access to justice, especially for the poor and other
vulnerable groups. Legal aid services continued to suffer from a serious lack of funding.
While the Code of Criminal Procedure requires that all persons charged with a felony and
all juveniles be represented by a lawyer, legal representation is not always available.
OHCHR formed a partnership with Avocats sans Frontières with the aim of providing legal
aid to poor defendants across Cambodia. In parallel, OHCHR continued to organize
training for women’s non-governmental organizations in the provinces on the use of the
individual communications procedure under the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women. Training sessions were
organized in cooperation with UN-Women. OHCHR also produced a leaflet explaining
how to use the above-mentioned procedure.
49.
Lawyers have a crucial contribution to make to secure access to justice. The Rule of
Law Programme continued to assist the Bar Association in its efforts to improve standards
in the legal profession. OHCHR engaged a consultant to review the Law on the Bar, the
Code of Professional Conduct and the Bar’s internal rules from the perspective of
international human rights standards, as well as to draft a new operational manual for the
Bar. The four documents were circulated to all members of the Bar Association and posted
on its website for comments. In addition, the Programme organized a series of meetings for
the Bar Council to discuss the proposed changes to the Code of Professional Conduct and to
finalize the text for adoption. Moreover, OHCHR recently recruited a legal advocacy
officer, whose role is to assist lawyers in making human rights-based arguments before the
courts and pursuing strategic litigation.
50.
Assisting national authorities to investigate instances of ill-treatment in places of
detention remained a priority. OHCHR continued to investigate allegations of ill-treatment
in places of detention and to engage in dialogue with the authorities. In addition, OHCHR
increased its efforts to help to prevent torture and ill-treatment. Firstly, given that Cambodia
is a party to the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, which requires the establishment of a
national preventive mechanism, OHCHR continued to provide the Government technical
assistance in this regard. A conference on the establishment of such a mechanism, held in
November 2011, was attended by two members of the Subcommittee on the Prevention of
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents