A/HRC/4/95
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− Law on the Status of Judges and Prosecutors;
− Amendment to the Law on the Functioning of the Supreme Council of Magistracy;
− Anti-Corruption Law.
30.
A landmark was achieved on 6 July 2006 when the Code of Civil Procedure was
promulgated. It will enter into force in July 2007 after an extended period of training and
familiarization. The Civil Code was sent to the National Assembly in December. The Council
of Ministers adopted the Code of Penal Procedure in August and sent it to the National Assembly
in September, but no progress has since been reported, and hopes that the Code would be
adopted in time for the Khmer Rouge trials were not realized. There was little progress made in
the adoption of the remaining laws, although many deliberations are reported to be taking place.
31.
The office followed the Anti-Corruption Law, which the Government had agreed would
be adopted by June 2006. While some improvements were made, the existing draft falls short,
including providing the anti-corruption body envisaged in the Law with an autonomous mandate
to conduct investigations, and providing immunity from civil and criminal prosecution for
disclosing acts of corruption. The office continued to advocate for Cambodia’s accession to the
United Nations Convention against Corruption.
32.
The office also sought to promote adherence to international treaty standards in the
drafting of new legislation. For example, it provided advice to the Ministry of the Interior and
NGOs in drafting a new law on demonstrations in order to ensure that the law facilitates, rather
than restricts, the exercise of the right to freedom of peaceful assembly. Through various drafts,
the Government began to accept in principle a regulatory framework for public gatherings based
on notification rather than permission.
33.
The office undertook case-related work in the courts, including several cases involving
community activists in Phnom Penh and in the provinces protesting against land grabbing and
forced evictions. The office observed several trials and court hearings in cases of concern.
Serious irregularities were recorded in most cases, and the means to obtain remedy and enforce
rights guaranteed in the law and the Constitution remained limited.
34.
The office continued to maintain a watching brief on the proceedings of the
Extraordinary Chambers in the Courts of Cambodia (ECCC), which had been established to try
senior leaders of the Khmer Rouge and those most responsible for crimes committed during the
period of Democratic Kampuchea. The national and international judges of the Chambers were
sworn in early in July, when the co-prosecutors also took up their positions, and began their
preliminary investigations. The co-investigating judges began in September, mainly dealing
with drafting the internal rules of procedure for the Chambers. All judges met in plenary in
November to discuss and adopt these rules, which are crucial to ensuring the fairness and
integrity of the trials. As stated in a joint statement issued on 25 November at the end of the
plenary by the national and international judicial officers of ECCC, the rules provide the
procedural underpinning for every phase of the proceedings, from preliminary investigation, to
judicial investigation, to trial and through appeal, and delineate the roles of all parties, the
co-prosecutors, defence and victims. However, the statement reported substantive disagreement
on how to integrate Cambodian law and international standards; the role of the Defence Support
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