A/HRC/4/36
page 13
identify the problems that each encounter. Human rights and advocacy organizations remain
understandably troubled about the Government’s intentions, concerned that its motives are to
restrict rather than facilitate their activities.
54.
It will be important for the upcoming 2007 Commune Council and 2008 National
Assembly elections to be conducted in a climate free from fear, where fundamental freedoms are
fully respected and upheld. These will be the first elections following the constitutional
amendment in March 2006 to reduce the number of lawmakers required to form a government
from a two-thirds to a simple majority.
55.
The Special Representative’s predecessor reported 43 murders during the last election
period where a political motivation was strongly suspected. Most cases involved members of the
Sam Rainsy and Funcinpec2 parties, and the majority have not been credibly resolved. In the
context of the upcoming elections, the Government must take, and be seen to take, effective
protection measures to reassure Cambodian citizens of their safety, and promptly investigate all
murders and serious threats and intimidation against politically active persons. Electoral
authorities should not deal with complaints that involve violations of criminal law.
IV. IMPUNITY AND ACCOUNTABILITY
56.
The peace agreements stipulated that the tragic history of Cambodia requires special
measures to ensure the protection of human rights and the non-return to the policies and practices
of the past. A report completed by the Special Representative’s predecessor in October 20053
shows that since the early 1990s the vast majority of the many murders of politicians, journalists,
trade unionists and other Cambodians active in political and public life have remained
unresolved, including the contract killing of trade union leader Chea Vichea in central
Phnom Penh in January 2004. In this case, two men widely believed to be innocent were
immediately arrested and convicted of the crime in August 2005. On 6 October 2006, the
Appeal Court immediately adjourned its hearing of their appeal on the grounds that a judge had
suddenly taken ill. No date for a new hearing has been set.
57.
Impunity means that Cambodia’s citizens are not protected by law. As the report states,
it exists where individuals who break the law and commit violations of human rights are exempt
from any punishment, and are not brought to account in any proceedings - whether criminal,
civil, administrative or disciplinary - or made subject to any penalties, and where no reparation is
made to the victims. With impunity there is no protection of human rights. Impunity is the
opposite of accountability and the antithesis of the rule of law.
2
Funcinpec is an abbreviation for the French title Front uni national pour un Cambodge
indépendant, neutre, pacifique, et coopératif, or “National United Front for an Independent,
Neutral, Peaceful, and Cooperative Cambodia”.
3
The report, entitled “Continuing patterns of impunity in Cambodia”, can be found at the
following web address: http://cambodia.ohchr.org/download.aspx?ep_id=242.
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