A/HRC/7/42 page 9 because of “the legislative vacuum and ineffective enforcement of existing laws, an increase in forced evictions, relocations and displacements of a large number of families can be expected in the near future”.5 31. There has been little progress on the proposed Law on Peaceful Demonstrations. The urgency of the need for a new law is emphasized by the Constitutional Council’s decision that all laws must respect human rights treaties. 32. A major problem is the failure to apply the law fairly and consistently. The law is applied or not applied, depending on the objectives of the Government or local authorities. This unprincipled approach to the law is the cause of numerous human rights violations. B. Prosecutorial independence 33. The Special Representative has previously observed that many prosecutors fail to meet national and international standards requiring impartiality and integrity, in the public interest rather than for partisan interests. Complaints filed by senior government officials, even when based on weak or unsubstantiated evidence, are prosecuted with vigour, while the vast majority of the populace have little hope or expectation of having their grievances taken up by public prosecutors.6 Although some prosecutors try to perform their functions impartially, and at some personal risk, the overall situation has not improved. 34. Offences under the law for infringement of rights to land have not been used to protect communities whose rights have been violated by influential individuals, companies or government entities. Action has not been taken against those who have illegally sold or bought land occupied by others, or infringed their rights to land and forest resources. 35. Conversely, when legal proceedings are instituted against a well-placed person or company (or when communities resist evictions or the appropriation of their land), it is not unusual for the plaintiff (or community representatives) to be accused of some offence, for example “destruction of property” or “infringement of property”. The result of such accusation may be that the person is taken into custody and is unable to pursue his or her rights under the law. In Kong Yu (see paragraph 65), villagers were accused of criminal defamation after filing legal action against Keat Kolney and others, including local officials, to annul an allegedly fraudulent land deal. 36. Following the violent eviction of more than 100 families in Spean Ches, Sihanoukville, by armed police officers in April 2007, 13 villagers were arrested and charged with battery with injury and wrongful damage to property, or complicity. No action has been taken against police officers who used excessive force, destroying homes and assaulting residents. 37. At the Dey Krahom community in central Phnom Penh, 13 community representatives face criminal charges following attempts to prevent evictions. The legality of the evictions has not been examined by the courts. 5 E/CN.4/2006/41/Add.3, para. 29. 6 See E/CN.4/2006/110.