A/HRC/7/42 page 20 The irregularities noted by the audit team were so numerous and of such magnitude that it recommended that, if its recommendations were not accepted, the United Nations should seriously consider withdrawing from the project.20 86. The Cambodian Bar Association demanded, without any legal basis, that all foreign lawyers, whose participation is essential to ensure fair trials, and even if appearing pro bono, pay a fee of US$ 4,900. The international judges protested that this “would severely limit the right of accused and victims to select counsel of their choice”.21 An embassy offered to compensate the bar for the fees, and, after discussions with the diplomatic community, the fee was reduced to $500. No foreign lawyer can appear without a Cambodian lawyer, who must speak first. C. Decision on the detention of Kaing Guek Eav (Duch) 87. Of great interest is the decision by the Pre-Trial Chamber on the legality of the detention order issued by co-investigating judges against Kaing Guek Eav, alias Duch. He was taken into ECCC custody on 30 July 2007, having already been in detention for over eight years, under the order of the Military Court, to face charges of genocide, amended to crimes against humanity, and again to detention under the 2004 legislation on the establishment of ECCC (before the physical existence of the Court). The defence’s arguments on the issue of bail were therefore tied to such issues as arbitrary detention and the right to be tried within a reasonable time frame. On 3 December 2007 the Pre-Trial Chamber upheld the validity of the detention order on the ground that the conditions for detention, as stipulated in the Internal Rules, are met, and declined, unfortunately, to enter into a discussion into whether or not there was a violation of the right of the accused to be tried within a reasonable time. 88. ECCC should pay due regard to the provisions on human rights and freedoms of the Constitution of Cambodia, and the mechanisms to fulfil them. In this way progressive interpretations of the Constitution will become part of the fundamental law. 89. The impact of ECCC will remain marginal unless the Government takes steps to end impunity for gross serious human rights violations of the recent past (since, for instance, 1991). Cambodian judicial authorities seem unable, whether through lack of resources or for political reasons, to act to combat comprehensively such recent violations of human rights. It is particularly ironic that the international community should spend so much effort and money to end the impunity of old and broken persons for crimes committed 30 years ago while turning a blind eye to the present violations of rights. 20 The UNDP team concluded that “the recruitment was not performed in a transparent, competitive and objective manner that ensures the selection of the most suitable candidate for the job” (UNDP, report of the special audit, 4 June 2007, p. 4). 21 Statement from the Review Committee of the ECCC, 16 March 2007.