A/HRC/7/42
page 7
• To perpetuate impunity for State actors and their associates
• To promote the economic interests of the rich and powerful.”
After considerable documentary research (including reports of his predecessors) and discussions
with many individuals and groups in Cambodia, poor and powerful alike, and after studying the
reports of national and international organizations, the Special Representative agrees with this
assessment.
A. Legal development
20. Of eight key laws which the Government promised to complete by the end of 2005, the
Code of Civil Procedure (CCP) and the Penal Procedure Code (PPC) came into force, and the
Civil Code and the Penal Code are expected to come into force, in 2008. These codes will lead to
improvements in the legal process. However, initial analysis indicates some weaknesses that may
aggravate violations of the rule of law.
21. The previous law2 permitted pretrial detention for up to four months, and two additional
months by reasoned decision of the judge. The new PPC permits the four-month pretrial
detention in misdemeanour cases to be extended, two months at a time (up to half the minimum
sentence) (art. 209). The 6-month limit for felonies can now be extended up to 18 months,
6 months at a time (art. 208). Given the unprincipled ways in which many prosecutors and courts
use their powers, these extensions are retrograde.
22. Even acquitted persons are held in detention pending an appeal by the prosecutor (arts. 307
and 398). Prosecutors routinely appeal against acquittal, regardless of the prospects of
overturning the decision. This rule applies even to persons who have been detained for as long as
the possible sentence. An appeal can take months and numerous persons can be held in detention
for unconscionably long periods.
23. PPC permits police detention of 24 hours before a detainee can see a lawyer or other
person for 30 minutes (art. 98). (By contrast, in France this 30-minute conversation with a
lawyer occurs at the beginning of the detention and again after 20 hours). Perhaps unsurprisingly
a local commentator has challenged the view that these laws represent real reforms.3
24. Previously, a confession could not be a basis for conviction unless corroborated by other
evidence. This safeguard is removed, giving confessions the same weight as other evidence
(art. 321), although PPC reiterates the prohibition on the use of coerced confessions. There is a
2
“Provisions relating to the judiciary and criminal law and procedure applicable in Cambodia
during the transitional period”, adopted by the United Nations Transitional Authority in Cambodia
(UNTAC), 10 September 1992.
3
See note 1 above, p. 23.
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