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CNRP won, the candidates they voted for in the 2013 National Assembly elections and the 2017 commune elections have been replaced by different people representing different political parties, which in turn has had an effect on the election of senators.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 15

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