A/HRC/4/36 page 8 Inter-Parliamentary Union. When the bill was sent back to the National Assembly, the Assembly’s Permanent Commission on Legislation without further debate forwarded the Law to the King for promulgation. 25. The Law substantially revised certain criminal law provisions. Article 8 compels judges to apply the maximum sentences to those convicted for felonies, overriding the obligation placed on judges by article 68 (1) of the UNTAC law to weigh attenuating circumstances, and to reduce sentences below the minimum punishments prescribed by law or give a suspended sentence. Article 8 also invalidated article 68 (2) of the UNTAC law, which allows for the halving of prison sentences for persons under the age of 18. 26. During his second mission, the Special Representative met with representatives of legal aid organizations, who drew his attention to the harsh effects that the uncompromising provisions of this law have on children, effects which are compounded by the definition of any theft involving two or more people as felony. Although most judges feel constrained to apply the law, some have continued to apply the UNTAC provisions in cases of juveniles. 27. The effect of the law would seem to constitute a prima facie breach of Cambodia’s international obligations to consider non-custodial and minimum sentencing options for juveniles, under article 37 (b) of the Convention on the Rights of the Child. As such, it may be unconstitutional as a consequence of articles 31 and 48, which specifically guarantee the Convention. However, no attempt has been made to test the Law’s constitutionality either through the courts or directly with the Constitutional Council. 28. Under the Constitution and its implementing legislation, anyone involved in a legal suit may request the court to consider the constitutionality of any law or decision of a State institution which affects their fundamental rights and freedoms, thus giving defendants the important right to challenge the constitutionality not only of laws but also of executive decisions against them. However, the right can be denied by the cumbersome rule that the court trying the case must first determine whether there is sufficient legal basis for the claim that the law is unconstitutional. The court must then refer the matter to the Supreme Court within 10 days. The Supreme Court has 15 days in which to determine whether the case is “acceptable” and, if so, to refer the matter to the Constitutional Council for a decision. There are no known cases of courts initiating this procedure. 29. Individuals not involved in a court case have very restricted rights under the Constitution to seek the Council’s assistance to claim their constitutional rights. Nor can the Council itself initiate reviews of national legislation. Reviews can only be undertaken at the request of the King, the Prime Minister, the President of the National Assembly or Senate, one tenth of National Assembly members or a quarter of senators. Citizens may request their representatives to forward their case to the Council but cannot appeal in their own right if their request is declined. Of the 36 cases published in the Official Gazette since July 1998 which had challenged the constitutionality of laws, the Council found only 5 to be unconstitutional, each of which following requests submitted by persons affiliated to the Government. 30. The Special Representative recalls and reiterates his concern about the impartiality of the Constitutional Council in the light of its current composition and the affiliation of six of its nine members with the Cambodian People’s Party.