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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