A/HRC/45/51 attracted the required “supermajority” across national and international judges.77 Since then, given the conflicting views as to the status of the case, the case file has not been formally transferred to the Trial Chamber, which has also declined to rule judicially on the status of the case, noting it cannot so do. As a result, the international co-prosecutor is appealing the case to the Supreme Court Chamber, arguing that the case has been effectively terminated in breach of the applicable legal framework. 78 81. The evolution of case 004/2, and its implications for the other cases still at pretrial stage, are deeply concerning. The legal framework of the Extraordinary Chambers in the Courts of Cambodia is clear that, absent a binding agreement to halt further steps in proceedings, the default presumption is for proceedings to continue. In the present case, however, the practical effect of contrasting views between the national and international judicial and administrative components of the court has been to leave the proceedings functionally suspended, in a state of complete legal uncertainty. Such a situation, should it subsist, is unacceptable from the perspective of the rule of law and the sound administration of justice. It is also challenging for those victims of the Khmer Rouge who, with great courage, have pursued the access to justice promised by the Extraordinary Chambers in the Courts of Cambodia for these gravest of international crimes. The Special Rapporteur will continue to monitor closely the further proceedings in these cases. VI. Engagement of Cambodia with the human rights mechanisms 82. The Special Rapporteur welcomes the involvement of Cambodia in a number of international monitoring and review mechanisms related to human rights and the Sustainable Development Goals. The Government voluntarily participated in the high-level political forum on sustainable development, held in New York in July 2019, 79 reporting on localization of the Goals, and on progress made and challenges faced. The Human Rights Council concluded the country’s third cycle of the universal periodic review in July 2019 with the adoption of the its decision 41/114, on the outcome of the review, 80 noting that Cambodia supported 173 of the recommendations received during the review conducted by the Working Group on the Universal Periodic Review in January 2019. 81 Many of these recommendations reiterate recommendations previously made by the special rapporteurs. The Special Rapporteur is pleased to have these formally supported by the Government through the universal periodic review process. While the supported recommendations covered a wide range of human rights and fundamental freedoms, it is notable that 41 per cent82 of them map on to Goal 16 on peace, justice and strong institutions, a thematic focus of the missions of the Special Rapporteur in 2018–2019.83 83. The Special Rapporteur welcomes the dissemination workshop on universal periodic review recommendations organized jointly by the Cambodian Human Rights Committee, OHCHR, the United Nations Resident Coordinator’s Office and UPR Info, an international non-governmental organization, in October 2019. The Government should continue its work towards a universal periodic review implementation plan and engage in an annual, consultative review of progress made in implementation involving line ministries, development partners and civil society. 77 78 79 80 81 82 83 Affirmative response of four out of the five judges. See article 23 of the law on the establishment of Extraordinary Chambers in the Courts of Cambodia for the prosecution of crimes committed during the period of Democratic Kampuchea. www.eccc.gov.kh/en/articles/press-release-international-co-prosecutor-and-national-co-prosecutor. Documentation available at https://sustainabledevelopment.un.org/memberstates/cambodia. See also A/HRC/41/17 and Add.1. A/HRC/41/17/Add.1. https://lib.ohchr.org/HRBodies/UPR/Documents/Session32/KH/Infographic_Cambodia.pdf. A/HRC/42/60. 17