A/HRC/4/95
page 10
25.
Chea Vichea’s family and NGOs have continued to call for investigation into the murder
and for the prosecution of those responsible. The office and present and former special
representatives have also brought their concerns to the attention of the authorities on several
occasions. The case is before the International Labour Organization’s Committee on Freedom of
Association following a complaint in 2005 from the International Confederation of Free Trade
Unions.
26.
Other cases taken up by the office included deaths in Battambang provincial prison of at
least eight prisoners and one prison guard on 18 June 2006, when a group of prisoners during an
attempted escape took a prison guard hostage and threatened to detonate a hand grenade. The
events were filmed on video, which later became public. The footage shows security forces
opening sustained fire on the group of prisoners and their hostage. The office communicated its
concern to the Ministry of the Interior, underlining the responsibility of the Government to
conduct an impartial and thorough investigation, and to prosecute any person found to have
participated in or ordered the use of excessive force resulting in injury and the loss of life. It
recommended that an independent inquiry be established and has requested a copy of the report
of the investigation that was conducted.
27.
The office was also concerned about threats against the Cambodian Women’s Crisis
Centre, an NGO that protects women and children from domestic violence and sexual
exploitation. These threats appear to come from paedophilia networks in response to cases of
foreign nationals that the Centre has taken up and brought to court.
C. Rule of law and the justice sector
28.
The office in Cambodia continued to contribute to efforts to reform the justice sector. It
maintained a presence in the Municipal Court of Phnom Penh, and continued to cooperate with
the Appeal and Supreme Courts, the Battambang provincial court, through its regional office, as
well as with other provincial courts in specific cases. It cooperated with NGOs working in the
justice sector, and participated in the formal legal and judicial reform consultative process
through the Technical Working Group on Legal and Judicial Reform.
29.
The office continued to advocate for the adoption and implementation of basic laws in
conformity with the Constitution and international human rights instruments, focusing on laws
directly relevant to its mandate and priorities. These included eight laws the Government has
agreed should be given priority:
− Penal Code;
− Code of Penal Procedure;
− Civil Code;
− Code on Civil Procedure;
− Organic Law on the Organization and Functioning of Court (to establish the basic
structure for the court system, define the jurisdiction of each court, and establish the
basic procedures for their functioning);
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