A/HRC/39/73
to FUNCINPEC, 203 to the Khmer National United Party, 10 to the Cambodian Nationality
Party and 3 each to the Cambodian Youth Party and the Cambodia Indigenous People
Democracy Party. The League for Democracy Party and the Grassroots Democratic Party
refused to accept the reallocated seats.
75.
In the Senate, two senators lost their seats following the dissolution of CNRP.
CNRP did not contest the commune/sangkat elections in 2012, as it was formed later by a
merger of the Sam Rainsy Party and the Human Rights Party, both of which held Senate
seats. Only commune councillors and National Assembly members participate in the
indirect election of senators, meaning that CPP was holding around 95 per cent of seats
following redistribution. The election for the full Senate was held in February 2018 with
CPP winning all 58 elected seats (2 seats are appointed by the King and another 2 seats by
the National Assembly).
76.
The effect of these amendments to laws and the consequent redistribution of seats is
to deprive millions of Cambodians of their right to political participation. For those who
voted CNRP in constituencies which CNRP won, the candidates they voted for in the 2013
National Assembly elections and the 2017 commune elections have been replaced by
different people representing different political parties, which in turn has had an effect on
the election of senators. This situation raises serious concerns about the right to take part in
the conduct of political affairs, which envisages the right to be represented through chosen
representatives.
77.
The Special Rapporteur notes that three members of the National Election
Committee left their seats following the dissolution of CNRP as they were members
appointed by CNRP (the composition of the Committee was split between CPP and CNRP
following the adoption of the “culture of dialogue” resolution in July 2014, with the
remaining seat representing civil society). The new appointees, whose nominations
appeared to be inconsistent with the provisions of the Law on the National Election
Committee, were approved by the newly reconfigured National Assembly in December.
78.
Cambodia proclaims itself a multiparty liberal democracy (art. 51 of the
Constitution). At the end of an extended period of registration of political parties wishing to
contest the July 2018 national election, the National Election Committee had registered 20
political parties, many of them newly formed. The Special Rapporteur was reminded that
25 years ago, the United Nations Transitional Authority in Cambodia oversaw 20 political
parties, many newly formed, contesting the first election after the Agreements on a
Comprehensive Political Settlement of the Cambodia Conflict were signed in Paris in 1991.
Nevertheless, no election can be considered genuine if the main opposition party is barred
from taking part and 118 of its senior members are prohibited from standing.
IX. Administration of justice
79.
The Special Rapporteur was pleased to learn that the Ministry of Justice has had an
increase in its budget and is now making progress on a number of long-discussed
initiatives. Some 23,000 cases have now been registered on the electronic criminal court
cases database and the Ministry noted in discussions the possibility of developing a central
criminal database, thereafter integrating civil cases and rolling out a comprehensive
electronic case management system. The Special Rapporteur also welcomes the additional
increase in funding for legal aid and the development of a national legal aid policy, and
urges the Government to fully develop and adequately resource this policy.
80.
The Special Rapporteur remains concerned at inconsistency in the use of evidence in
criminal cases. Article 321 of the Criminal Procedure Code is the principal legal provision
in this regard; there is no further guidance on evaluating evidence. While she notes the
Government’s indication that the stipulations in the Criminal Procedure Code are sufficient
guidance for judges, practice concerning evidence varies. For example, there have been
examples of judges in the Court of Appeal overturning convictions owing to a lack of
evidence, but practice is not the same across all cases. As referred to above, the Supreme
Court’s decision to dissolve CNRP raises serious concerns as to the use of evidence. The
Ministry of Justice should consider developing clear guidelines on appropriate standards
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