A/HRC/27/70
concerns were expressed regarding the physical and psychological integrity of those in
detention.
32.
On 20 May 2014, a joint allegation letter was sent with the Special Rapporteur on
the promotion and protection of the right to freedom of opinion and expression, the Special
Rapporteur on the rights to freedom of peaceful assembly and of association and the
Special Rapporteur on the situation of human rights defenders. The letter referred to alleged
acts of intimidation and threats against Vann Sophath, a staff member of the Cambodian
Center for Human Rights. Concern was expressed at the intimidation and threats of
violence targeting Mr. Sophath while carrying out his peaceful work promoting and
protecting the rights of the families on the disputed land.
33.
The sole response to these communications to date is a note verbale from the
Permanent Mission of Cambodia in Geneva dated 19 February 2014 acknowledging receipt
of the allegation letter dated 17 February 2014 and making reference to a press release and
Law on Peaceful Demonstration previously issued by the Government.
C.
Reform of the judiciary
34.
The report of the Special Rapporteur to the fifteenth session of the Human Rights
Council in 2010 focused on the judiciary (A/HRC/15/46). Four years on, the Special
Rapporteur has sought to assess the status of implementation of the recommendations
contained in that report.
35.
The Special Rapporteur was initially encouraged by the assurances repeated in
January 2014 by the Prime Minister that three long-awaited fundamental laws on the
judiciary (on the organization of courts, on the status of judges and prosecutors and on the
Supreme Council of the Magistracy) would be tabled before Parliament in the near future.
The Special Rapporteur was also encouraged by the announcement made to him that the
reform would be more ambitious than that aimed for in his recommendations.
36.
However, the Special Rapporteur is deeply concerned that recent attempts at judicial
reform have been undertaken without prior public release of the draft laws and without
consultations with relevant stakeholders. Despite repeated calls from civil society,
development partners and the Special Rapporteur himself,4 the texts of the draft laws were
not shared until the day before the National Assembly started to examine them. The Special
Rapporteur is not aware of consultations of any kind that were organized on the texts finally
submitted to the Council of Ministers or to Parliament. In May and June, the three draft
laws were adopted in quick succession, with little debate, by the National Assembly and the
Senate, ruled to be constitutional by the Constitutional Council two and a half weeks later,
and promulgated into law on 16 July 2014.
37.
The main purpose of the three laws should be to protect and promote the
independence of the judiciary. Having examined the texts, the Special Rapporteur is
concerned that the laws adopted by Parliament contain certain provisions that are
detrimental to the principle of the separation of powers. The laws give the Ministry of
Justice undue influence over the court system and the judiciary. In particular, the Minister
of Justice remains a member of the Supreme Council of Magistracy and, moreover, will
have the prerogative to appoint another member of the Council. The Supreme Council of
Magistracy is the guardian of the independence of the judiciary in that it decides on all
4
10
“Cambodia: Lack of consultation on key laws sets worrying pattern for future legislation, warns UN
expert”, press statement, 27 May 2014. Available from
www.ohchr.org/RU/NewsEvents/Pages/DisplayNews.aspx?NewsID=14648&LangID=E.
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