A/HRC/42/60
royal decree to provide advice and consultation to the Government on policy development
and draft legislation and to monitor the implementation of law and policies. Fifteen parties
participate; four declined to join. At their request, the Special Rapporteur met with
representatives of some of the parties involved and heard more about its workings. The
Special Rapporteur emphasizes that the existence of such a body does not change the fact
that the parliament, where legislative action is taken, is completely dominated by the ruling
party, with serious repercussions for democracy and the enjoyment of political rights in
Cambodia.
7.
On 13 December 2018, 115 members of the National Assembly voted unanimously
to amend the Law on Political Parties. A new paragraph was added to article 45 permitting
individuals previously banned from political activities by the Supreme Court to seek the
restoration of their political rights by the King through a request to the Prime Minister.
According to a National Assembly notification of 3 December 2018, this amendment was
to strengthen multiparty democracy and the rule of law and promote a spirit of national
unity. The amendment does little to redress the political rights of those banned members.
Although some might be able to return to politics, they cannot do so under the banner of the
now dissolved Cambodia National Rescue Party. Furthermore, it is their political
opponents, and not an independent body, who will determine whether they are able to do
so. In addition, the amendment offers no solution for over 5,000 commune officials from
the Cambodia National Rescue Party who were elected in the local elections in 2017 and
subsequently removed from their position (unless they switched allegiance to the
Cambodian People’s Party). As of 29 May 2019, only nine former leaders of the Cambodia
National Rescue Party have successfully invoked this amendment.
8.
The former President of the Cambodia National Rescue Party, Mr. Sokha, remains in
detention since his arrest on the night of 3 September 2017, having spent almost a year in
Correctional Centre 3, Tbong Khmum province. Although he was ostensibly released on
“judicial supervision” by the investigating judge on 9 September 2019, he is forbidden to
leave the area around his house (approximately 0.0525 km2),1 meet any foreigners, former
leaders of the party or other individuals linked to the case, or conduct any political
activities. The Ministry of Justice explained to the Special Rapporteur that Mr. Sokha is
under judicial supervision with restrictions imposed by the investigating judge, some are for
his own safety and the judicial supervision could be indefinite. However, under
international human rights law, Mr. Sokha effectively remains in detention 2 and has been in
detention for more than the maximum 180 days of pretrial detention permissible under
Cambodian law.3 The Special Rapporteur reiterates her call for the release of Mr. Sokha
from detention and for the investigation to be swiftly concluded or for the charges to be
dropped.
9.
Many members of the leadership of the dissolved Cambodia National Rescue Party
remain abroad. They include Sam Rainsy, who in December 2018 was appointed as the
acting President of the party. In March 2019, arrest warrants on “plotting” and “incitement”
charges were issued against him and seven other members of the Permanent Committee of
the party who had attended a meeting held abroad in January 2019. The Special Rapporteur
has received information on actions taken by the police or the courts against over 140
former members and elected officials of the party at the subnational level, including more
than 35 summonses issued in Battambang during her mission in April and May 2019. Such
actions are not conducive to strengthening political rights and democratic space. The
principal claim in the summonses is countering the November 2017 decision of the
Supreme Court dissolving the party.
10.
The Special Rapporteur commented in May on the frequently aggressive rhetoric
from both sides of the political spectrum. She is also aware of the current review by the
1
2
3
4
An area bordered by roads 313, 311 and 608 in the Touk Kork neighbourhood of Phnom Penh.
See, for example, article 9 of the International Covenant on Civil and Political Rights; and article 4.2
of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment.
Article 208, Criminal Procedure Code.
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