A/HRC/45/56 Rights Council 3 sent a communication 4 to the Government on the then bill. In a joint statement on 17 April 2020, several special procedure mandate holders stated that the draft law risked “violating the right to privacy, silencing free speech and criminalizing peaceful assembly”.5 The Permanent Mission of the Kingdom of Cambodia to the United Nations Office and other international organizations at Geneva issued a response,6 maintaining that the law was “permissible by national and international human rights instruments, namely the Constitution”. OHCHR shares the Special Rapporteurs’ concerns both as to the expedited passage of the law and to its substance, and that the provisions relating to derogation were vague and overly broad in scope, and subject to insufficient review and oversight. 7. OHCHR also provided technical assistance in a context of shrinking civic space and continuing political tension. Sam Rainsy, one of the leaders of the former main opposition party, the Cambodia National Rescue Party, announced that he would return to Cambodia from self-imposed exile on 9 November 2019, Independence Day. The announcement was met with a countrywide deployment of security forces and a partial closure of the border with Thailand to prevent his re-entry. On 8 November 2019, the Special Rapporteur on the situation of human rights in Cambodia “expressed grave concerns about the heightened political crackdown across the country, calling on the Government to respect the rights to freedom of opinion, expression and assembly”.7 8. While Mr. Rainsy did not ultimately return, between 1 June 2019 and 31 May 2020 at least 140 persons associated with the former Cambodia National Rescue Party were arrested, charged with plotting against the State, incitement to commit a felony, and discrediting judicial decisions, and held in pretrial detention. This raised serious human rights concerns, as in numerous cases the authorities failed to adhere to national laws and to international human rights law on arrest, due process, and the deprivation of liberty. This included the absence of arrest warrants, failing to provide reasons for arrest, lack of access to lawyers and family members, discriminatory treatment in detention, and prolonged detention without trial in overcrowded facilities. 9. On 15 January 2020, the trial of Kem Sokha, another former Cambodia National Rescue Party leader, commenced at Phnom Penh Municipal Court. His trial was indefinitely adjourned on 12 March 2020 on account of COVID-19. Indicted for “conspiracy with a foreign power”,8 Mr. Sokha faces a custodial sentence of between 15 and 30 years if convicted. Several special procedure mandate holders noted in a statement on 17 January 2020 that there were “strong grounds to believe that the treason charge against Mr. Sokha” was “politically motivated and forms part of a larger pattern of the misapplication of laws to target political opponents and critics of the Government”.9 The Government issued a press statement in response.10 3 4 5 6 7 8 9 10 Namely the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, and the Working Group on Arbitrary Detention. KHM 1/2020, available at https://spcommreports.ohchr.org/TMResultsBase/ DownLoadPublicCommunicationFile?gId=25186. The Special Rapporteur on the situation of human rights in Cambodia, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Working Group on Arbitrary Detention. See www.ohchr.org/EN/NewsEvents/Pages/ DisplayNews.aspx?NewsID=25801&LangID=E. See https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35228. See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25260&LangID=E. Art. 443 of the Criminal Code (2010). The Special Rapporteur on the situation of human rights in Cambodia, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on the independence of judges and lawyers. See https://cambodia.ohchr.org/sites/default/ files/pressstatementsource/KemSokhaTrial_Final_EN.pdf. Available at www.facebook.com/cambodiaembassy.ch/posts/2271392509820033. 3