A/HRC/21/63
prison (S-21). The Chamber increased Duch’s sentence from 35 years to life imprisonment.
The Trial Chamber began substantive hearings in Case 002, against Nuon Chea, Ieng Sary
and Khieu Samphan. A fourth co-accused, Ieng Thirith, was deemed unfit to stand trial.
36.
The progress in Case 002 and the completion of the trial in Case 001
notwithstanding, the proceedings of the Extraordinary Chambers have been overshadowed
by allegations of failure to properly conduct investigations into cases 003 and 004. Since
October 2011, two international co-investigating judges have resigned, citing perceived
political interference and obstruction of efforts to investigate, respectively, for doing so. In
the case of the latter, the allegations of obstruction were preceded by a refusal on the part of
the Cambodian Supreme Council of Magistracy to recognize the judge’s appointment, even
though the United Nations continued to reiterate that the Supreme Council was obliged to
do so. The Special Rapporteur is concerned by these developments, which undermine the
capacity of the Extraordinary Chambers to set a positive example for the domestic court
system and to be seen to independently and impartially account for the crimes committed
under the Khmer Rouge. He urges the Government and the United Nations to take urgent
measures to resolve any disputes regarding the issues surrounding these cases, and to
ensure the prompt and proper conduct of investigations and respect for both the suspects’
right to a fair trial and the victims’ right to a remedy.
D.
Human rights defenders
37.
Many human rights defenders, civil society representatives and journalists in
Cambodia have continued to encounter harassment, intimidation and the threat of a
defamation or incitement lawsuit. The threats faced by these individuals have taken a
serious turn for the worse, with an increase in the use of live ammunition against people
defending their rights and protesting against Government policies and practices. Since the
beginning of 2012, there have been at least four incidents in which individuals have been
shot. On 18 January 2012, three villagers were seriously injured when guards opened fired
during a land dispute on a concession held by the TTY Corporation in Kratie Province. On
20 February 2012, a shooting at a labour protest in the town of Bavet resulted in three
women being seriously injured. On 26 April 2012, human rights defender and
environmental activist Chut Wutty was shot dead in Koh Kong Province. Most recently, on
16 May 2012, a 14-year-old girl was shot dead in the village of Broma during a violent
eviction. Live ammunition has been used in other cases, albeit without resulting in injuries.
38.
These incidents have hampered the activities of human rights defenders in
Cambodia, with many now fearing for their lives. The Special Rapporteur is shocked by
these crimes, for which no one has been convicted. He hopes that these incidents are
thoroughly and properly investigated and the culprits brought to justice.
V. Role of State institutions in the context of elections
39.
Cambodia is a constitutional monarchy that operates under a multiparty political
system. The right to vote is guaranteed under article 34 of the Constitution. The country has
a bicameral parliament consisting of the Senate (61 seats) and the National Assembly (123
seats). In the Senate, 57 members are elected by indirect vote (via commune councillors) to
serve five-year terms. An additional two members are elected by the National Assembly,
and the final two members appointed by the King. This makes the commune council
elections (held in the year preceding the National Assembly elections) an important
precursor to National Assembly elections, because those elected will also be voting to
determine the members of the Senate.
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