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.
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