A/HRC/7/42 page 10 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.