A/HRC/7/42
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38. Criminal charges relating to ownership of land should be suspended until the preliminary
question of ownership is determined in civil proceedings (art. 343). Yet charges of infringement
of private property continue to be pursued against community members involved in land disputes
over the ownership of unregistered land.
39. The actual use of the PPC provisions, and previous rules, in connection with detention of
unconvicted persons gives rise to great concern. Though article 203 suggests that detention
should be exceptional, in practice almost all accused persons, including most juveniles, are
detained pending trial, even for minor offences, and often for periods greatly exceeding the
statutory time limits. Many do not see a lawyer during their incarceration.
40. In May and June 2007, three community members from O’Vor Preng, Battambang
province, were charged with infringement of private property in relation to a dispute over
unregistered land with a well-connected businessman. Two were granted bail, and the trial judge
suspended the charge against the third, awaiting resolution of the land ownership dispute; yet all
remained in detention because the prosecutor appealed. The men were finally released in late
September 2007, after community members called upon the Ministry of Justice to intervene with
the prosecutor.
41. Chhea Nee was convicted of two charges in relation to a dispute over land involving the
military and wealthy businessmen in Bavel district, Battambang province. Despite having served
the sentences imposed, he remained in prison, as the prosecutor appealed. Chhea Nee was finally
released on 6 December 2007, after the prosecutor exercised his discretion under article 398 of
the PPC to release him pending the appeal. It is hoped that other prosecutors will exercise their
discretion similarly.
C. Judicial independence
42. Human rights observers generally agree that “despite repeated public pledges by the Royal
Cambodian Government of its commitment to judicial and legal reforms, and millions of dollars
invested by foreign donors in reform programmes since 1992, there has been no progress
whatsoever in the single most important issue affecting the courts: their lack of independence
from political and financial influence” (see LICADHO report, 2007). There is a very deliberate
manipulation of the judiciary to serve interests of particular ministers or their business friends.
43. The President of the Court of Appeal was removed on 9 August 2007 on the instructions of
the executive, denying the judge due process guaranteed under the Constitution and international
law. Her replacement was to be an ECCC judge (see paragraph 84). The appointment of four
new members of SCM by another royal decree (NS/RKT/0807/340) appeared to have been made
similarly on executive instructions, contrary to the law.
44. In his first report, the Special Representative expressed concern at the composition of
SCM, which includes a government minister and a member of the ruling party’s Permanent
Committee. But these recent royal decrees actually sideline the SCM, leaving it only a role in
implementing, together with the Supreme Council for State Reform, a decision that it did not
formally make.
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